Acceptance and delivery of correspondence

 Česky

1. Acceptance of correspondence (submissions)

The method of making submissions to the administrative authority (MOI CZ) in the course of administrative proceedings is defined in general by Section 37(4) and (5) of the Administrative Procedure Code.

Each submission (or for example submission of additional documents to application) made during administrative proceedings in hard copy (on paper) and delivered to the MOI CZ either by post or by hand, must be stamped with the MOI CZ received stamp clearly showing when the correspondence was delivered.

• Submissions made by a natural or legal person via this entity’s data box in principle do not need to bear a guaranteed electronic signature, since the authenticity of the document is ensured by the data box system in itself. An act performed by an authorised person via data box has the same legal effect as an act performed in writing and signed by this person, unless a different legal regulation or internal regulation requires a collective act involving several persons (e.g. signature of two directors of a limited company – s. r. o.) - see Section 8(1) to (4) and (6) and Section 18(2) of the Act on Electronic Actions and Authorised Document Conversion (AEAAC). In such a case, the electronic signatures of all such persons need to be attached to the data message.

• A submission in the course of administrative proceedings made in electronic form but outside the data box system (only sent by e-mail) can be considered to be fault-free only if it bears the guaranteed electronic signature of the submitter (Section 37(4) and (5) of theAdministrative Procedure Code).

If an authorized person is to make a submission, on power of attorney via his/her own data box or by e-mail, the power of attorney for representation must be signed by the authorizer. If the power of attorney in electronic form is attached to the submission delivered via the representative’s data box or sent by e-mail, it must be either bear the guaranteed electronic signature of the donor or must be a product of authorised conversion. Both options will display after opening the attached power of attorney in electronic document form. If this is a product of authorised conversion, the aforesaid document will bear an attestation endorsement (Section 22 of the AEAAC).

If additional documents in electronic form which are intended to serve as background material for the MOI CZ decision-making process (i.e. appurtenances to an application or other documents in electronic form) are attached to a submission delivered to the MOI CZ via the submitter’s data box or by e-mail, such documents in electronic form shall have the same legal force as a notarised copy of a document only if they are a product of authorised conversion, which will display after opening the attached document. If this is a product of authorised conversion, the document in question will bear an attestation endorsement (Section 22 of the AEAAC). Such documents will be accepted as genuine as the equivalent of an officially attested document in hard copy. If a document is simply attached to a submission delivered to the MOI CZ via the submitter’s data box or by e-mail (and therefore is not a product of authorised conversion, but is simply scanned) it has the same weight as an ordinary, unattested copy.

Authorised conversion (defined in Section 22 of the AEAAC) basically means that a document in hard copy (e.g. power of attorney, appurtenance to an application) is transformed into a document in electronic form (the document is scanned) by an entity authorised to perform conversion. Component to conversion is attestation of conformity of the content of those documents, which is confirmed by the attestation endorsement of the entity which performed conversion. Entities authorised to perform authorised conversion are defined in Section 23 of the AEAAC (for instance, conversion can be performed at Czech POINT offices).

  

2. Common provisions of delivery

It applies that correspondence which the addressee fails to accept because he / she was not found at his/her address will then be lodged and held at the post office for 10 days. After the deadline for holding the letter has expired, the letter will be posted into the addressee’s letter box, not returned to the sender and only the unsigned delivery docket will be returned to the administrative authority (MOI CZ).
Where the content of correspondence is of such character that it is not appropriate for person different from addressee to get acquainted with it (i.e. in case of the certificate of birth number), posting into the addressee’s letter box is excluded.  In such case the correspondence is returned to the administrative authority (MoI CZ) after the deadline for holding the letter expires.

The date of delivery of correspondence is deemed to be the 10^th day after being lodged at the post office. The day on which the letter was lodged at the post office is not included in these 10 days. The date on which the letter was posted into the letter box is not decisive for establishing the date of delivery. If it is impossible to deliver the letter into the letter box, the letter will be returned and marked "impossible to deliver into letter box".

If the letter is returned as undelivered because the addressee is not known at the address or because he/she has moved, the letter must be delivered physically and electronically by being displayed as apublic announcement, unless this is a case where a guardian should be appointed, e.g. under Section 32(2)(d) or (h) of the Administrative Procedure Code (e.g. in proceedings on cancelling permanent residence permit) or under Section 22 of the Administrative Procedure Code (delivery to an address abroad).

If the party is represented in the proceedings, correspondence will be delivered solely to the authorized person. Cases in which the represented party must do something in person in the proceedings (i.e. picking up a permit – or a call to pick up the permit – or summons to interview etc.) are exceptions. In such cases, the letter will be delivered directly to the party to the proceedings and to his/her representative (Section 22 of the Administrative Procedure Code).

  

3. Delivery by public announcement

If a letter must be delivered physically and electronically by being displayed as a public announcement, a public announcement will be displayed on the official board of the MOI office and on the same day will be displayed electronically on the MOI CZ website official board.

Both forms of public announcement (both physical and electronic) must be displayed for at least 15 days, while the day first displayed is not included in the 15 days. (The announcement must be displayed on the official board for first display day + 15 days and may be taken down on the 16^th day).

The date of delivery of the letter is deemed to be the 15^th day after being physically displayed as a public announcement (regardless of whether this is a weekday, Saturday, Sunday or public holiday) and the day of first display does not count in this 15-day period.

  

4. Delivery to a data box

If the nature of the document allows it and if a natural person, entrepreneur-natural person or a legal person has an accessible data box, the MOI CZ will deliver this document to the data box. This does not apply if delivered by public announcement or at the office itself.

A document delivered to a data box is delivered at the moment at which a person authorised to access the delivered document logs into the data box.
If a person described in the preceding paragraph fails to log into the data box within 10 days of the document being delivered to the data box, this document will be considered to be delivered on the last day of this deadline.

Delivery of a document to a data box has the same legal effect as delivery into the hands of the addressee.

  

Department for Asylum and Migration Policy, October 11th, 2024

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