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Act on Census of Population, Houses and Apartments in the Year 2001

165

Act of May 12, 1998
on Census of Population, Houses and Apartments in the Year 2001

The National Council of the Slovak Republic has resolved upon the following Act:

B a s i c P r o v i s i o n s

Article 1
Subject of the Act

Following shall be regulated by this Act: content, scope and way of conducting census of population, houses and apartments (hereinafter referred to as the "census"), relevant moment of census, obligations of all stakeholders whom the census applies to, roles of selected ministries and other central bodies of the State administration, local bodies of the State administration and municipalities as related to the census.


Article 2
Definition of Terminology

For the purposes of this Act following definitions shall be used:

a) census shall mean State statistical survey during which population shall be made obliged to provide statistical data,

b) population shall include citizens of the Slovak Republic (Footnote 1) and foreigners (2),

c) municipality shall include also a city ward in Bratislava, the Capital city of the Slovak Republic and a city ward of the city of Kosice,

d) census ward shall mean a municipality or part of municipality where the census shall be conducted,

e) house shall mean a building for living (3) , other building (4) only in case that somebody lived there in the time laid down in Article 5, Para 1,

f) apartment shall mean a set of rooms and areas with common locking which by its construction, technical and functional arrangement and equipment meets the requirements for permanent living (Footnote 5).

Footnote:
1. Article 2 of the Act of the National Council of the Slovak Republic No. 40/1993 Coll. on State Citizenship of the Slovak Republic.
2. Article 2 of the Act of the National Council of the Slovak Republic No. 70/1997 Coll. on Foreign Slovaks and on Amendments of Some Laws.
Article 2, Para 1 of the Act of the National Council of the Slovak Republic No. 73/1995 Coll. on Stay of Foreigners within the Territory of the Slovak Republic.
Article 2 of the Act of the National Council of the Slovak Republic No. 283/1995 Coll. on Refugees.
3. Articles 40 to 46 of the Decree of the Federal Ministry for Technical and Investment Development No. 83/1976 Coll. on General Technical Requirements for Construction under the later regulations.
4. Articles 47 to 84 of the Decree of the Federal Ministry for Technical and Investment Development No. 83/1976 Coll.
5. Article 42, Para 3 of the Decree of the Federal Ministry for Technical and Investment Development No. 83/1976 Coll.



C e n s u s

Article 3
Content of the Census

(1) Following shall be surveyed by the census:

a) data on population, their demographic, social and economic characteristics,

b) data on level of living of population,

c) data on structure of stock of houses and apartments (hereinafter referred to as the "data").

(2) List of data in accordance with the Para 1 is in the Annex to this Act (hereinafter referred to as the "list").

(3) Characteristics, basic features and structure of data listed in the Annex to this Act shall be announced by the Statistical Office of the Slovak Republic (hereinafter referred to as the "Office") in its Measure published in the Collection of Laws of the Slovak Republic until December 31, 1999 (1).

(4) The census shall apply to

a) population with the exception of foreign-countries representatives enjoying a diplomatic immunity,

b) houses with the exceptions of representative offices representing foreign states,

c) apartments.

Footnote:
1. Article 32, Para 3 of the Act of the Slovak National Council No. 322/1992 Coll. on State Statistics under the later regulations.


Article 4
Obligation to Provide Data

(1) For the purposes of the census all the population shall be obliged to provide data on his/her own behalf except for the foreign representatives enjoying diplomatic immunity in the extend set by the list.

(2) Any foreigner residing within the territory of the Slovak republic for the period shorter than 30 days shall be obliged to provide data pursuant to Items 1, 2, 5, 6 and 11 of the list.

(3) Data on behalf of a minor child or of a person who can not provide data by himself/herself shall be provided by legal proxy (1) or close person (2) or any person living in the same household (3) .

(4) Data on behalf of a person in an accommodation facility who can not provide data by himself/herself due to his/her health condition or is minor shall be provided by the person accommodating him (4) .

(5) Data on behalf of person being delivered the care in social service house or to whom social services are being delivered by other corporations (5) on a whole-year basis and who is not able to provide data by himself/herself shall be provided by the head of such establishment or by senior manager (6) authorized by him in writing.

(6) In the course of census of houses an owner, and/or administrator or tenant(s) of a house shall be obliged to provide the data.

(7) In the course of the census of apartments a tenant, and/or sub-tenant, if an apartment is not used by the tenant, or owner of an apartment or administrator of an apartment shall be obliged to provide the data.

(8) Anybody who shall be obliged to provide data pursuant to Paras 1 to 7 shall be obliged to provide them in their entirety, correctness, truth and on-time (7) without prejudice to the provisions of special regulations (8) .


Footnote:

1. Article 26 of the Civil Code.
2. Article 116 of the Civil Code.
3. Article 115 of the Civil Code.
4. Article 11, Paras 1 and 2 of the Act No. 135/1982 Coll. on reporting and Registering the Stay of Population.
5. E.g. Act No. 213/1997 Coll. on Non-profit Making Organisations Providing Services of Common Benefit.
6. Article 9, Para 3 of the Labour Code.
7. Article 12, Para 2 of the Act of the National Council of the Slovak Republic No. 261/1995 Coll. on State Information System.
8. E.g. Act of the National Council of the Slovak Republic No. 100/1996 Coll. on Protection of the State Secrecy, Business Secrecy, on Coded Protection of Information and on Amendment of the Criminal Act under the later regulations; Act of the National Council of the Slovak Republic No. 46/1993 Coll. on Slovak Intelligence Service under the Act of the National Council of the Slovak Republic No. 72/1995 Coll.



Article 5
Moment Relevant for Census and Census Period

(1) The census shall be conducted within the territory of the Slovak Republic as of May 26, 2001. Midnight from Friday, May 25, 2001 to Saturday, May 16, 2001 shall become a relevant moment for the census as of which data listed shall be surveyed.

(2) Census period is the time period during which the census shall be conducted.

(3) Census period shall be determined by the Slovak Government not later than 120 days before its actual execution.


Article 6
Way of Conducting the Census

(1) Census data shall be recorded on a census sheet designed pursuant to Article 9, Para 2, Letter b).

(2) Census sheet shall be filled in by all who shall be obliged to provide data or by persons made obliged to provide data pursuant to Article 4, Paras 3 to 7 or be enumerators if requested so.


Article 7
Census Wards

(1) Census shall be conducted in the census wards.

(2) Municipalities shall be divided to census wards. One census ward shall be constituted by a municipality if it is not divided to census wards.

(3) Census wards shall be determined by district offices upon proposal of a municipality concerned proportionally to its number of population, and/or size.

(4) Special census wards shall be constituted by settings for mass accommodation of the Slovak Army, Army of the Ministry of Interior of the Slovak Republic, Police Force, Slovak Railway Force and Prison or Court settings where prison or custodial sentences are executed.

(5) Special census wards shall be constituted also by military wards (1) .

(6) Census in special census wards shall be conducted by authorities referred to in Article 9, Paras 3 to 6.

Footnote:
1. Act No. 281/1997 Coll. on Military Wards and Act amending the Act of the National Council of the Slovak republic No. 222/1996 Coll. on Organisation of the Local State Administration and on Changes and Amendments of Some Acts under the later regulations.


Article 8
Enumerators

(1) Any citizen of the Slovak republic who is 18+ years old, capable of legal act and with clear criminal record may become an enumerator.

(2) Enumerators shall be appointed by a municipality principal or a mayor upon their prior approval.

(3) Enumerators in special census wards shall be appointed by authorities referred to in Article 9, Paras 3 to 6.

(4) Following are the obligations and responsibilities to be undertaken by enumerators:

a) to receive the census sheets,

b) to execute the census during the census period and in census wards identified for him/her,

c) upon request of population or foreigner(s) pursuant to Article 4, Para 2 and according to their instructions to fill in the census sheet(s),

d) during execution of the census to show a special authorization issued by municipality principal or mayor or authorities listed in Article 9, Paras 3 to 6,

e) to receive the census sheets filled in from population, to verify entirety of information filled in and to hand them over to a municipality or authority listed in Article 9, Paras 3 to 6,

f) to protect the census sheets against possible loss, damning, damage or misuse,

g) to maintain confidentiality on census data pursuant to a special legislation (1).


(5) Enumerators’ activity shall be deemed to be an action in general interest (2) .

(6) Enumerators shall be compensated for their activity according to a special regulation (3) .


Footnote:
1. Act No. 52/1998 Coll. on Protection of Individual Data in Information Systems.
2. Article 124 of the Labour Code.
Articles 22 and 24 of the Regulation of the Government of the Czechoslovak
Socialist Republic No. 223/1988 Coll. implementing the Labour Code.
Decree of the Federal Ministry of Labour and Social Affairs No. 18/1991 Coll. on Other Actions in General Interest.
3. Article 236, Para 2 of Labour Code.




R o l e s o f S t a t e A d m i n i s t r a t i o n B o d i e s

Article 9

(1) Census shall be managed, guided and coordinated by the Office; Census shall be prepared and executed by the Office in collaboration with ministries and other central bodies of the State administration of the Slovak Republic through regional administration of the Statistical Office of the Slovak Republic (hereinafter referred to as the "regional administration"), local bodies of the State administration and municipalities.

(2) Moreover, the Office shall

a) oversee processing of the census,

b) ensure design, publication and distribution of the census sheets,

c) under the co-operation with regional offices ensure promotion and information campaign related to the census,

d) ensure processing the census results,

e) develop a system for publication of census results,

f) provide census results according to a special regulation (1),

g) establish the Central Census Commission (hereinafter referred to as the "Central Commission").

(3) Following census shall be conducted by the Ministry of Interior of the Slovak Republic:

a) mass accommodated members of the Army of the Ministry of Interior of Slovak Republic and mass accommodated members of the Police Force,

b) population of retaining camps for foreigners and refugee camps (2) .

(4) Census of mass accommodated members if the army of the Slovak Republic and census in military wards shall be conducted by the Ministry of Defense of the Slovak Republic.

(5) Census of population imprisoned or under the custodial sentence shall be conducted by the Ministry of Justice of the Slovak Republic.

(6) Census of mass accommodated members of the Railway Army of the Slovak Republic shall be conducted by the Ministry of Transport, Posts and Telecommunications of the Slovak Republic.

(7) Census of staff of Slovak representative offices and their family members staying with them shall be conducted by the Ministry of Foreign Affairs of the Slovak Republic.

(8) Revision of basic units of settlements (3) shall be conducted by the Ministry of Environment of the Slovak Republic upon agreement and in collaboration with district offices.

(9) Following shall be ensured by the Office of Geodesy, Cartography and Cadastre of the Slovak Republic:

a) under the cooperation with district offices updating of maps used as background documents necessary for revision of basic units of settlements,

b) drawing results of revision of basic units of settlements into maps.

(10) Census sheets filled in shall be handed over to the Office by bodies referred to in Paras 3 to 7.

Footnote:
1. Articles 39 and 40 of the Act of the Slovak National Council No. 322/1992 Coll. under the Act of the National Council of the Slovak republic No. 155/1993 Coll.
Article 13 of the Act of the Slovak National Council No. 261/1995 Coll.
2. Article 2 of the Act of the National Council of the Slovak Republic No. 283/1995 Coll.
3. Article 4 of the Decree of Federal Statistical Office and Federal Ministry for Technical and Investment Development No. 120/1979 Coll. on Space Identification of Information.


Article 10
Roles of Regional Offices
During preparation and execution of the census regional offices shall

a) in collaboration with regional administration coordinate activities of district offices related to census preparation,

b) in cooperation with the Office ensure promotion and information campaign related to the census.


Article 11
Roles of District Offices

Following are the roles to be undertaken by the district offices in collaboration with regional administration and municipalities (1) during preparation and execution of the census:

a) develop a time table for preparatory works,

b) establish census wards,

c) prepare lists of census wards,

d) prepare the time table for training of enumerators,

e) ensure, in terms of organization, training of enumerators,

f) ensure handing over and storing census sheets and their on-time distribution and mailing to municipalities according to the distribution lists negotiated with regional administration,

g) collect census sheets according to the time table and by municipalities and forward them to regional administration.


Footnote:
1. Article 17 of the Act of the Slovak National Council No. 322/1992 Coll.



Article 12
Roles of Municipalities

During preparation and execution of census and within its territorial competencies any municipality shall

(1).
a) draft and submit to a district office proposal for establishing census wards,

b) ensure receiving census sheets and their handing over to enumerators,

c) establish environment to conduct the census,

d) hand over the census sheets filled in to a district office.

(2) Census Commissions shall be establish by each municipality to ensure that the tasks related to preparation and execution of the census according to Para 1 are met.

(3) Each municipality shall be entitled to receive financial resources from the State budget for preparation and execution of the census (1) .

Footnote:
1. Article 5 of the Act of the Slovak National Council No. 369/1990 Coll. on Municipalities establishment under the later regulations.


Article 13
Central Commission


(1) Central Commission shall be an advisory body to the President of the Office.

(2) Central Commission shall be guided by the by-laws to be issued by the President of the Office.

(3) President of the Office shall become the Chairman of the Central Commission. Other members of the Central Commission shall be appointed and dismissed by the President of the Office out of representatives proposed by selected ministries and other central bodies of the State administration, local bodies of the State administration and self-governing bodies of municipalities.


Article 14
Using the Census Data

(1) Any data collected pursuant to this Act may only be used for statistical purposes.

(2) Data referred to in Items 1 and 2 of the list shall not be recorded neither processed in any form.

(3) After being checked for completeness data referred to in Para 3 shall be destroyed by physical damage to be ensured by the Office.



Article 15
Data Protection

(1) Protection of data of a personal nature shall be conducted according to special regulations (1) .

(2) Protection of data of an individual nature shall be conducted according to special regulations (2).

Footnote:
1. Act No.52/1998 Coll.
2. Articles 36 to 38 of the Act of the Slovak National Council No. 322/1992 Coll.



Article 16
Compensation of the Census Costs

Any costs related to preparation and provision of census execution shall be compensated from the State budget.



T e m p o r a r y a n d F i n a l P r o v i s i o n s


Article 17
Temporary Provision

No changes in territorial arrangements may be carried out, neither name of any municipality or its part may be changed, nor name of any street or numbering of buildings may be changed since announcing the census period according to Article 5, Para 3 until expiration of the census period.



Article 18
Revoking Provisions

Following is hereby revoked:
1. Governmental Decree No.85/1960 Coll. on Execution of Census of Population, Houses and Apartments as of March 1, 1961

2. Decree of the Federal Statistical Office No. 55/1970 Coll. on Census of Population, Houses and Apartments as of December 1, 1970.



Article 19
Effectiveness

This Act shall take effect on July 1, 1998.


Ivan Gasparovi p.s.(Personal Signature)
Vladimír Meciar p.s.





Annex
To the Act No. 165/1998 Coll.

List
of Data to be Surveyed in the Census of Population, Houses and Apartments in 2001


Data on Population

1. Address of permanent residence
2. Name and surname
3. Type of stay
4. Relationship with the apartment user
5. Date of birth
6. Sex
7. Marital status
8. Date of wedding
9. Order of marriage (e.g. first, Second, third marriage)
10. Number of children born alive
11. Citizenship
12. Nationality
13. Mother language
14. Religion
15. First permanent residence
16. Highest education completed - name of the school
17. Economic activity
18. Job
19. Social group
20. Name and address of an employer or school attended
21. Frequency of attending a job or school
22. Time spent by daily commuting to a workplace or school
23. Locality of a workplace

Data on Apartments

24. Inhabitancy of an apartment
25. Legal ground for using it
26. Age of an apartment
27. Size of an apartment
28. Equipment of an household by selected things of a long-term duration
29. Locality of an apartment
30. Technical equipment of an apartment


Data on Houses

31. Type of a house
32. Inhabitancy of a house
33. Type of ownership
34. Number of apartments
35. Number of floors
36. Time period of its construction
37. Technical equipment of a house


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