Loi n° 634/2004 Coll. du 26 novembre 2004 sur les frais administratifs, République tchèque

634

ACT

on Administrative Fees

The Parliament has adopted the following act of the Czech Republic:

§ 1

Subject-matter of the Act

This Act specifies administrative fees (hereinafter “fees” only) and the execution of their well as bodies of self-governing regions and bodies of legal entities that operate in the sphere of public administration (hereinafter “administrative bodies” only).

§ 2

Subject-matter of the fees

(1) The fees are paid for administrative proceedings based on the special regulation and other activities of administrative bodies related to the execution of public administration in individual items of the List of Administrative Fees, which forms an appendix of this Act (hereinafter “List” only). Individual items of the List also contain possible cases of exemption remarks that describe details of individual transactions.

(2) Transactions started by an administrative body within its jurisdiction with the exception of to payment of fees unless the List specifies otherwise.

§ 3

Fee payers

(1) A fee payer is a natural person or legal entity that has submitted an application or another of which the transaction was executed.

(2) If more payers become obliged to pay a fee for the same transaction, they will pay it jointly and severally unless the List specifies otherwise.

§ 4

Fee rates and rounding

Fee rates are specified in the List as fixed sums or percentage of a fee base expressed in to tens of Czech crowns.

§ 5

Assessment and collection of fees, maturity of fees and consequence of default in payment

(1) Fees are assessed, collected and enforced by the administrative body that is competent to execute the particular transaction unless the List specified otherwise.

(2) Fees defined in the List as a fixed sum are payable either on the presentation of the with their delimitation in individual items of the List unless the List specifies otherwise. If the so within the period of 15 days from the delivery of the notice asking the payer to pay, which is a decision in accordance with the special judicial regulation referring to tax administration. In the notice the administrative body will inform the payer about consequences of a default in day that follows after its delivery.

(3) Percentage fees and other fees in the case of which the List specifies so are assessed by the administrative body with a fee assessment and they are payable within the period of 15 days from the day that follows after the delivery of the fee assessment. The administrative body assesses arrears of fees in a similar way.

(4) If the payer does not pay the fee within the time limits specified in sections 2 and 3, the unless the List specifies otherwise. If the payer pays the fee after the time limits specified in paid in time if the body has not decided on stopping the proceedings. However, if the fee is paid by the end of the period of appeal against this decision, the decision ceases to be valid and the administrative body will indicate this fact in the file in the form of an official record.

(5) The administrative body will only issue the result of the executed transaction after the the decision specified in special judicial regulations do not run in the period from the delivery of the notice until the fee is provably paid.

(6) Surcharges, late fees, late interest or interest for the period of waiting for the payment of the fee, set forth in the special judicial regulation dealing with tax administration are not applied.

§ 6

Payment of fees

(1) Fees are paid in the Czech currency unless this Act specifies otherwise (sections 2, 3 and 5).

(2) Czech diplomatic offices assess percentage fees in that foreign currency in which the fee base is expressed. If the subject-matter of the transaction executed by the Czech diplomatic office is related to financial funds of the payer and the diplomatic office has these funds in its

(3) Diplomatic offices can also collect fees determined as a fixed sum

(a) in the currency of the state of their seat

(b) in the currency of another state if the Czech National Bank announces the foreign exchange rate of this currency

(4) For the purposes of paying a fee in accordance with section 2 and 3 the Czech diplomatic office will convert the sum from Czech currency to the foreign currency and vice versa in as of the last day of the calendar month preceding the payment period of the fee determined as a fixed sum or with a fee assessment for the whole following calendar month. In the case of conversion of currencies the exchange rate of which is not announced by the Czech National Bank the diplomatic office will use the exchange rate between the US dollar and the local currency announced by the central bank of the state in which the diplomatic office has its seat, also as of the preceding calendar month and for the whole following calendar month.

(5) Fees paid at Czech border crossings can also be collected by administrative bodies in a foreign currency that is bought by Czech banks.

(6) Czech administrative bodies at Czech border crossings convert Czech currency into a foreign currency and vice versa in accordance with the foreign exchange rate announced by determined as a fixed sum or due date of a fee assessed with a payment assessment for the whole following week. The Czech administrative body may return surplus payment of a fee (§ 7, point 2) that was paid in a foreign currency in the Czech currency.

(7) Fees converted from the Czech currency to a foreign currency and vice versa are rounded up to whole currency units unless the List specifies otherwise.

(8) Fees assessed and collected by administrative bodies based in the territory of the Czech Republic with the exception of fees assessed and collected by bodies of self-governing stamps if the fee does not exceed 5000 CZK. In the other cases with the exception of fees fees are paid to a special account of the state budget. The special account of the state with consent of the Ministry of Finance. In the case of Czech diplomatic offices fees are paid governing regions are determined by these bodies in accordance with the special judicial regulation dealing with tax administration.

§ 7

Returning fees

(1) The administrative body will return the fee fully on request of the person that paid it

a) if the required transaction defined in individual items of the List is not executed and if it is not the case of a fee the subject-matter of which is an application, proposal, suggestion, objection announcement or notice accepted by the administrative body;

b) if a fee was paid that is not defined in the list;

c) if the fee was paid by a person that is not a fee payer in the sense of this Act.

(2) On the payer’s request the administrative body will return the sum that the payer paid over the sum specified in the List (hereinafter “surplus fee” only).

(3) It is not possible to lodge an appeal against a decision on returning a fee and decision on

(4) If a payer only paid the fee after the decision of the administrative body on stopping the the paid fee on the payer’s request if the sum exceeds 100 CZK.

(5) It is the administrative body that the fee was paid to that decides on returning the fee, its part or surplus fee and that returns the fee, its part or surplus fee. If the fee was paid with a administrative body does not have such a special account of the state budget, the fee paid with a duty stamp will be returned by the local financial office with competence in the region where the administrative body has its seat on the basis of a decision of the administrative body.

(6) Sections 1 to 5 will not be applied for returning a fee if the List specifies otherwise.

§ 8

Exemption from fees

(1) Exempt from fees are

a) state bodies and state funds;

b) diplomatic offices of other countries and delegated diplomats, professional consuls and other persons if they are citizens of other states and enjoy privileges and immunity in not executes in the personal interest or for mutual benefit of these persons;

execution of public administration they are delegated to;

d) legal entities if they request transactions in connection with the execution of public administration they are delegated to;

e) natural persons and legal entities if such exemption results from international treaties and agreements that the Czech Republic is bound with.

(2) Exempt from fees are transactions

a) connected with the execution of special judicial regulations on social security, pension insurance, public health insurance, state social allowances, illness insurance, insurance fees employment policy, social-legal protection of children, social care, matters of military service of citizens and matters of the civilian service with the exception of the fee for the issue or

b) carried out due to a change or correction of the name of a village, town, region, street, administrative decisions;

c) for bodies of a self-governing region executed by the office of the same self-governing region;

d) for purposes of the inheritance procedure pursued by a notary as a judicial commissioner;

e) for purposes of seizure proceedings pursued by a judicial seizure officer;

f) for purposes of using the right to vote;

g) connected with providing foreigners with temporary protection;

h) if international treaties and agreements that the Czech Republic is bound with specify so;

i) executed due to a natural disaster in the territory of the Czech Republic; for the purposes hurricane and wind with a speed of more than 75 km/h, flood, hail, landslide and rock collapse if these phenomena did not occur in connection with industrial or construction activities, avalanche activities and earthquake reaching at least the 4^thRichter’s International Scale defining earthquake effects;

j) requested and executed through remote access, signed with an electronic signature based on a qualified certificate issued by an accredited provider of certification services if the amount of the fee does not exceed 2000 CZK.

(3) In the result of a transaction that is exempt from the fee in accordance with section 2, letter a) to i) the administrative body will indicate the purpose of the transaction.

(4) Other persons and transactions are exempt from fees in the scope defined in the List.

(5) The administrative body is authorised to reduce or increase fees or waive collection of a fee in the scope defines in the List.

§ 9

Proceedings

Proceedings concerning the matters of fees are governed by the special judicial regulation dealing with tax administration unless this Act specifies otherwise.

§ 10

Supervision of regional financial bodies over state budget income

(1) Regional financial bodies check whether administrative bodies assess, receive, collect or return fees that represent an income of the state budges in time and in amounts of the administrative body that is subject to such checks.

(2) If the regional financial body finds any shortcomings it will notify the administrative body for remedial measures in the record of the inspection.

(3) If the right to enforce arrears of a fee lapses, the regional financial body will impose the payer from the budget of the administrative body with a decision in accordance with the administrative order.

§ 11

If proceedings concerning the subject-matter of a fee were started before the day this Act became effective, the fee will be collected in accordance with hitherto legal regulations even

§ 12 Empowering provisions

After declaring a state of danger or state of war the government is empowered for the period of the state of danger or state of war with a decree in the necessary scope to secure the emergency or war state budget⁷²

a) to modify subject-matters and rates of fees specified in the list

fees.

§ 13

Cancellation provisions

The following regulations are cancelled:

1. Act no. 368/1992 Coll. on Administrative Fees as amended by later provisions

2. Regulation no. 81/1995 Coll. on Exemption from Administrative Fees

§ 14

Effect

(1) This Act becomes effective on the thirtieth day after its announcement with the exception specified in section 2.

(2) Items 117A and 144A of the List become effective on the day of cancellation of border controls defined for the Czech Republic in the decision of the EU Council on the validity of Luxembourg and the Netherlands concerning execution of the agreement signed on June 14, 1985 on gradual removal of controls at common borders.

(3) On the day of cancellation of border controls defined for the Czech Republic in the Schengen between Belgium, Germany, France, Luxembourg and the Netherlands concerning execution of the agreement signed on June 14, 1985 on gradual removal of controls at common borders items 117 and 144 of the List will lose their validity.

Zaorálek m.p.

Klaus m.p.

Gross m.p.

PART XI

Remarks to PART XI

1: Fees in accordance with this part of the List of Administrative Fees are only collected by the Industrial Property Office.

2. Fees in accordance with this part of the List of Administrative fees are settled at presentation except of the fee specified in the item 128, letter d) of this List.

letter a), 141, letter a) and 142 of this List shall not be returned in case of revocation of an request.

Item 126

Issue of a duplicate, copy, extract from register,

ZK 100

for each page or started

page

CZK 15

for each page or started

page if it is issued with the or computer printer

Remark

For purposes of this Act a started page means every issued page of the A4 format or smaller.

Item 127

a) Request

extension of a time limit CZK 200

- for each further extension of a time limit CZK 500

- for excusing failure to comply with a time limit CZK 1000

b) Filing an appeal against a decision of the Industrial Property Office CZK 1000

c) Request

- for issuing a priority right certificate (priority document) CZK 600

- for registration of a transfer CZK 600

- for registration of a licence CZK 600

- for registration of a lien CZK 600

- for conversion of a European application⁷³ CZK 600

for each state where the

application will be sent

Inventions and supplementary patent certificates

Item 128

invention application CZK 1200

- if the applicant(s) is (are) exclusive inventor(s) CZK 600

b) Acceptance of a request

- for publication prior to the time limit specified by the Law CZK 800

- for making the translation of requirements of the European patent application

available incl. corrections of translations CZK 500

c) Request for carrying out full examination of an invention application CZK 3000

- for the 11^th CZK 500

d) Issuing of a Patent Letter

ZK 1600

- for each further page CZK 100

e) Publication of the translation of a European patent file CZK 2000

- for publication of corrections of the translation CZK 100

f) Presentation of the translation of a European patent file in a supplementary

period CZK 3000

g) Request for issuing of a supplementary patent certificate CZK 5000

Item 129

a) Request for determining whether a technical solution falls within the scope

of the patent CZK 5000

b) Proposal to cancel

- a patent after the expiration of 6 months from the patent coming into effect CZK 2000

- a European patent CZK 2000

- a supplementary patent certificate CZK 2000

Item 130

Transactions of the Industrial Property Office connected with the filing of an

CZK 1500

Utility models

Item 131

Filing a utility model application CZK 1000

- if the applicant(s) is (are) exclusive inventor(s) CZK 500

Item 132

Request for determining whether a technical solution falls within the scope of

a registered utility model CZK 5000

Item 133

Proposal for cancellation of a utility model from the Register CZK 2000

Item 134

Request for each extension of validity of registration of a utility model CZK 6000

Remarks

1. If a utility model is entered in the Register after the expiration of the period of its validity,

1. If the fee is not paid within the specified time limit, it can be paid in a further time limit of 6 months; in such a case the fee is doubled.

Industrial designs

Item 135

Filing a multiple application for an industrial design CZK 1000

- if the applicant(s) is (are) exclusive authors CZK 500

- for each subsequent industrial design in the application CZK 600

- for each subsequent industrial design in the application if the applicant(s)

is (are) exclusive author(s) CZK 300

Item 136

Proposal for cancellation of an industrial design from the Register CZK 2000

- for each subsequent industrial design contained in an industrial design with

multiple registration CZK 800

Item 137

Request for extension of the validity period of an industrial design

- first extension for a 5 years’ period CZK 3000

- second extension for a 5 years’ period CZK 6000

- third extension for a 5 years’ period CZK 9000

- fourth extension for a 5 years’ period CZK 12000

Remarks

1. If an industrial design is entered in the Register after the expiration of the period of its

1. If the fee is not paid within the specified time limit, it can be paid in a further time limit of 6 months; in such a case the fee is doubled.

Trademarks and appellations of origin

Item 138

a) Filing an application for

- an individual mark not exceeding three classes of goods and services CZK 5000

- a collective mark not exceeding three classes of goods and services CZK 10000

- for each class of goods or services exceeding three classes CZK 500

b) Filing opposition to the registration of a published sign CZK 1000

Item 139

a) Request

- for renewal of registration of an individual mark CZK 2500

- for renewal of registration of a collective mark CZK 5000

- for renewal of registration of an individual mark filed after the expiration of

CZK 5000

- for renewal of registration of a collective mark filed after the expiration of

CZK 10000

b) Request for cancellation or invalidation of a trademark CZK 2000

Item 140

Filing an application for

- international registration of a trademark CZK 2500

- renewal of international registration of a trademark CZK 3000

- territorial extension or reduction of international registration of a trademark CZK 500

Item 141

a) Filing an application for registration of an appellation of origin / geographical

denomination CZK 4000

b) Request for international registration of an appellation of origin CZK 2500

c) Filing and application for cancellation of an appellation of origin / geographical

denomination CZK 2000

d) Passing an application for registration of an appellation of origin / geographical

denomination over to the Commission of the EC CZK 500

Remark

Fees levied in accordance with the items 140 and 141, letter b) of this List are collected for Registration of Industrial or Trade Marks, in accordance with the Protocol to the Madrid International registration with the International Office of the World International Property Office in Geneva.

Topography of semiconductor products

Item 142

Filing and application for registration of topography of semiconductor products CZK 5000

Item 143

Filing an application for cancellation of semiconductor products in the Register CZK 2000