211/2000 Coll.
LAW
of 21 June 1999. June 2000
on the State Housing Development Fund and amending Act No. 171/1991 Coll., on the
the scope of the authorities of the Czech Republic in matters relating to transfers of property to the State of the
other persons, and the national property Fund of the Czech Republic, as amended by
amended
Change: 391/2002 Sb.
Change: 482/2004 Sb.
Change: 61/2005 Sb.
Change: 179/2005 Sb.
Change: 71/2010 Sb.
Change: 239/2009 Sb.
Change: 276/2009 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
THE STATE HOUSING DEVELOPMENT FUND
§ 1
Basic provisions
(1) there is hereby established the State housing development fund headquartered in Prague (hereinafter referred to as
The "Fund"). The purpose of the Fund and its mission is to promote the development of public
living in the Czech Republic in accordance with the concept of housing policies
approved by the Government of the Czech Republic and the sustainable development of communities, cities and
the regions in accordance with the public interest.
(2) the Fund is a legal person under the jurisdiction of the Ministry for regional
Development (hereinafter referred to as "the Ministry").
(3) the Fund manages the property of the State-owned ^ 7), with its own
the property and assets of other persons.
(4) own the property Fund shall take
and the specified property from) with the adoption of the State or other persons,
(b)) from its own activities.
(5) the Fund may be the founder or the founder of the legal entities and may
they acquire the shareholding.
(6) the resources of the Fund to support the sustainable development of communities, cities and towns
and the regions, the Fund may convert to urban development funds in accordance with the directly
the applicable provisions of the European Union ^ 8).
(7) the Fund may acquire securities, in particular pursuant to the Act on collective
investing.
§ 2
Income Fund
(1) the income of the Fund shall consist
and subsidies from the State budget),
(b) income from bonds issued),
c) yields on bonds and mortgage bonds purchased in
accordance with this Act,
d) installment of loans including accessories,
e) interest on deposits, penalties, claims and other payments received in
connection with the use of Fund resources,
f) income from public collections organized by the Fund, donations and legacies in
to the Fund,
g) resources from the structural funds of the European communities,
h) received loans and credits,
even tranche of loans granted to) the funds of the municipalities to repair, modernisation and
the extension of the housing stock and urban development funds,
j) other income, if provided for by a special law.
(2) bonds issued to guarantee the income of the Fund are issued by
special legislation. ^ 1)
(3) Subsidies from the State budget is provided by the Fund at least annually
in the amount of actual expenditure approved budget of the Fund for the
the provision of non-repayable subsidies.
§ 3
The use of the resources of the Fund
(1) the financial resources of the State with which the Fund is running, you can use the
only on the territory of the Czech Republic
and) to cover part of the costs associated with the construction, acquisition, repair and
modernizations of apartments, apartment and family houses in the form of a loan,
(b)) to cover part of the interest on loans granted by the banks or branches
foreign natural and legal persons to the acquisition, construction,
repair and modernization of housing, the apartment and family houses,
(c)) to cover part of the costs associated with the construction, acquisition, repair
or modernizations of apartments, apartment and family houses in the form of grants,
(d)) to liability for part of the outstanding principal of the loans granted by banks or
foreign bank branches to natural and legal persons
1. for the construction, acquisition, repair and modernisation of flats, residential and
family houses,
2. the construction of the infrastructure of the municipalities for housing construction,
(e)) to cover part of the costs associated with purchasing or acquisition of land or
their respective parts, that are bought or acquired jointly
with material purchased flats, housing or family houses in the form of a loan or
in the form of cover part of the interest on the loan,
(f)) to cover part of the remuneration in the form of a loan for the acquisition of rights and
duties in the team, or for the acquisition of shares in a legal entity,
If a party becomes the tenant, or if you have other right
the use of an apartment in the apartment building or House in the ownership of a legal
persons who acquire membership rights and obligations or the acquisition
refers to,
(g)) to cover part of the costs associated with the acquisition of the equipment of the apartment form
the loan,
(h)) to fund projects in order to achieve public policy objectives in
housing and development of communities, cities and regions.
(2) the financial resources of the State with which the Fund is running, you can further
use
and) to buy mortgage bonds,
(b)) to buy bonds, the issuer is the Czech National Bank,
(c)) to buy government bonds,
(d)) to cover liabilities arising from liability referred to in paragraph 1 (b). (d)),
(e)) to be paid of issued bonds,
(f)) to cover the costs associated with the Administration and activities of the Fund,
(g)) to cover the costs associated with providing the resources referred to in paragraph
1,
(h)) to cover the costs associated with the support of information and consulting
activities in the area of housing,
I) for the purchase of bonds issued by Member States of the European Union or
in other States that make up the European economic area Member States
The Organization for economic cooperation and development, securities and
bonds issued by the central banks of those States and bonds
issued by the European Investment Bank.
(3) the own funds of the Fund and the resources of other persons with whom the Fund
they can be used in accordance with their intended use and purpose of the Fund.
(4) activities related to the functions of the Fund referred to in paragraph 1 (b). a), b), (d)), and
(h)), the Fund may be entrusted to another legal person on the basis of a tender
the declared under special legislation. ^ 2)
(5) the Fund concluded with the beneficiaries of the Fund's resources Treaty
provision of funds referred to in paragraph 1.
(6) in relation to the provision of resources of the Fund referred to in paragraph 1 the Fund
requests from natural or legal persons applying for a grant
the Fund, the provision of information and documents necessary to
assessment of their ability to efficiently use the financial resources to
purpose for which it is to be provided.
(7) in the management of the Fund, the assets of the Fund may not decrease below 6 billion
CZK. The balances of resources of the Fund shall be transferred at the end of the calendar year
in the following calendar year.
(8) The provision of funds from the Fund is not a legal right.
section 3a
Creation and use of resources of the Fund for cultural and social needs of the
The Fund can create cultural and social needs Fund, on whose work
and the management of resources, the provisions of the special legal
prescription ^ 2b) by analogy.
§ 4
(1) the use of the resources of the Fund in accordance with the approved budget of the Fund
the Fund authorities shall decide.
(2) the details of the activities of the Fund, the relations between the authorities and the
the internal organization of the Fund, which shall determine the rules on a proposal from the Minister for
regional development (hereinafter referred to as "the Minister") approved by the Government.
(3) in assessing the needs of local and regional investment aid to
housing authorities shall cooperate with the Fund, the self-regulatory bodies of municipalities and regions.
(4) the funds granted by the Fund shall be returned back to the pool,
have not been used in accordance with the purpose for which it was supplied, or
passed to the reason for their provision.
§ 5
The budget and the accounts of the Fund
(1) the Fund shall draw up, for each calendar year of the draft budget, which
the Government shall submit to the Minister by March 31. of August. The Government shall submit the proposal
the budget of the Fund, after any changes that it performs, along with
the draft of the State budget in the same year for the approval of the
the Chamber of Deputies. The Fund in its draft budget establishes your total expenditure as a
the amount that he announced the chapter as administrator of the Special
^ 2a) Act.
(2) if the deputies of the Parliament approved the budget of the Fund for the
the calendar year prior to the first day of this calendar year,
It is governed by its budgetary management in time from the first day of this
the calendar year to the approval of the budget for this year by the volume and breakdown of
the revenue and expenditure of the budget of the Fund in the previous year. Expenditure in this period
are released in each item in the budget of the Fund at the rate of one
twelfths of the total annual amounts in each month of the period.
(3) after the end of the calendar year, shall draw up the balance sheet Fund
the financial statements, together with the annual report on the activities of the Fund
submit to the Government Minister and the Government is presented to the 31. March regular
calendar year for approval by the Chamber of deputies of the Parliament. Accounting
the accounts of the Fund prepared to balance sheet date must be before the
the presentation of a government auditor.
(4) the Fund shall keep records in accordance with the Act on accounting.
(5) the Fund leads in its accounts separately the costs associated with the administration of the
The Fund and in the compensation of members of the Committee itself and of the Supervisory Board of the Fund.
Are these expenses as separate items listed within the
the Fund's budget for the year concerned.
(6) in case of urgent need, the Committee for public administration,
regional development and the environment, the Chamber of Deputies on the draft
Minister to consider and adopt the necessary movements between
items of the budget of the Fund during the calendar year.
§ 6
Bodies Of The Fund
(1) the authorities of the Fund the Fund Committee (hereinafter referred to as "the Committee"), the Supervisory Board
Fund (hereinafter referred to as "Supervisory Board") and the Director of the Fund (hereinafter referred to as "the Director").
(2) the Committee has 7 members. The Chairman of the Committee is the Minister. Vice-Chairman and
the other 5 members of the Committee appointed and recalled by the Government on the proposal of the Minister.
Their term of Office is four years. The Committee is composed of representatives of the
Ministry for regional development, Ministry of finance, Ministry of
industry and trade, and the remaining members of the Committee are independent
experts. A Committee member may be removed
and if) violated seriously the obligations arising out of its functions,
(b)) if convicted for an intentional criminal offence,
(c)) If no reason on their side to exercise his functions for a period longer
six months,
(d)) in other justified cases.
(3) the Chairman of the Committee, the activities of the Committee. Meetings of the Committee shall be governed by
the rules of procedure, approved by the Committee by resolution.
(4) the Committee shall deal with matters that are the subject of the activities of the Fund, and
shall submit to the Minister
and the Fund's budget proposal,)
(b) the financial statements of the Fund), drawn up by the balance sheet date and the annual report on
the activities of the Fund in respect of the calendar year,
(c) of the Statute of the Fund and) proposal for draft amendments to this Statute.
(5) the Director is a statutory body of the Fund and its employee. The Director of the
is appointed by the Minister. In particular, Director
and implement the decisions and other) measures approved and discussed by the Committee,
(b) the activities of the Fund and) controls the work of employees of the Fund.
(6) the Supervisory Board is the supervisory body of the Fund. The supervisory board controls
activity and management of the Fund and its bodies and approves the financial statements
The Fund. The Supervisory Board has five members. Members of the Supervisory Board are elected and dismissed by the
The Chamber of deputies of the Parliament of the Czech Republic. The term of Office of the members of
the Supervisory Board is four years. Supervisory Board Member may be dismissed
and if) violated seriously the obligations arising out of its functions,
(b)) if convicted for an intentional criminal offence,
(c)) If no reason on their side to exercise his functions for a period longer
six months,
(d)) in other justified cases.
(7) the Supervisory Board shall elect from among its members a Chairman and a Vice-Chairman. The supervisory
the Council shall take a decision by vote. The choice is made or a resolution is adopted,
If you vote for them at least 3 members of the Supervisory Board. Meetings of the supervisory
the Council is governed by the rules of procedure, approved by the resolution of the Supervisory Board.
(8) on the serious deficiencies identified in the activities and management of the Fund
the Supervisory Board shall inform the Minister.
§ 7
Conflict of interest
(1) the duties of a member of the Committee or a member of the Supervisory Board is incompatible with
the functions of the Director, with the ratio to the Fund and with the functions in the management
and supervisory bodies of legal entities, which have received aid from the
Fund or applying for the grant of aid from the Fund.
(2) no member of the Fund and the Fund shall participate in the employees on
the business of natural and legal persons, to which aid has been granted
of the assets of the Fund or applying for the grant of aid from the Fund's assets,
nor may they be employed in employment, service or
a similar proportion for the following natural and legal persons.
(3) the Ministry, or Fund shall be entitled to require that the person has released
benefit if it received in connection with the breach of obligations under the
paragraph 1 or 2. The right to compensation shall remain unaffected.
§ 8
(1) the membership of the Committee or the Board of Trustees of the Fund is an obstacle in
work due to general interest (the performance of public functions) under a special
legislation. ^ 4) members of the Committee and the members of the Supervisory Board, it is for
reimbursement of travel expenses ^ 5) associated with the exercise of their functions in
the same range as employees of the Fund.
(2) the amount of remuneration linked to the performance of the functions of a member of the Committee and a member of the supervisory
the Council of the Fund determined by the Government resolution.
(3) the Employees of the Fund are paid according to regulations on salary and
remuneration for stand-by duty in budgetary and certain other
organizations and institutions. ^ 6)
§ 9
Government Regulation terms of use of funds for purposes
referred to in § 3 (1). 1 and § 3 (1). 2 (a). (d)), and (f)), with the conditions
provision of funds to aid targeting may include, in particular, on young
people, households with lower income, disadvantaged in access to
housing, or those at risk of social exclusion.
§ 10
The Government appoints the members of the Committee and the Chamber of deputies will choose the members of the supervisory
the Council, so that these bodies of the Fund could be established within 3
months from the date of entry into force of this Act.
PART TWO
cancelled
§ 11
cancelled
PART THREE
The EFFECTIVENESS of the
§ 12
This Act shall take effect on the date of publication.
Klaus r.
Havel, v. r.
Zeman in r.
Selected provisions of the novel
Article. XXII of the Act No. 239/2009 Sb.
Transitional provision
The approval of the financial statements in accordance with § 6 para. 6 of Act No. 211/2000 Coll. on
the version in force from the date of entry into force of this Act, for the first time makes
for the accounting period of the year 2012.
1) Law No 530/1990 Coll. on bonds, as amended.
2) Law No 40/2004 Coll., on public procurement, as amended
regulations.
§ 8b paragraph 2A). 3 of law No. 218/2000 Coll. on budgetary rules and the
changes to some related acts (budgetary rules), as amended by
Act No. 480/2004 Coll.
2B) Decree No. 114/2002 Coll. on the Fund for cultural and social needs,
as amended by Decree No 510/2002 Coll.
4) section 124 para. 1 of Act No. 65/1965 Coll., the labour code, as amended by
amended.
5) Act No. 119/1992 Coll., on travel compensation, as amended
regulations.
6) Act No. 143/1992 Coll., on salary and remuneration for stand-by duty in
the budget and certain other organisations and bodies, as amended by
amended.
7) Act No. 219/2000 Coll., on the property of the Czech Republic and its representation
in legal relations, as amended.
8) Council Regulation (EC) No 1083/2006 of 11 July 2006. July 2006 laying down general
provisions on the European regional development fund, the European
Social Fund and the Cohesion Fund and repealing Regulation (EC) No.
1260/1999.
Commission Regulation (EC) no 1828/2006 of 8 May. December 2006 laying
down detailed rules for the application of Council Regulation (EC) No 1083/2006 laying down general
provisions on the European regional development fund,
The European Social Fund and the Cohesion Fund and to the regulation of the European
Parliament and of the Council (EC) No 1080/2006 on the European regional
the development of.
