1.1. Before arrival to the Czech Republic

1.1.1. Applying for a visa

Before leaving for the Czech Republic, a new staff member posted to the country on a long-term assignment to a diplomatic mission, consular post or international governmental organization must make sure whether he/she, his/her family members and private servants will need to apply for a visa authorizing a stay longer than 90 days for the purpose of lodging an application for the long-stay visa issued by the Ministry of Foreign Affairs of the Czech Republic on the basis of Section 30, paragraph 2 of Act No. 326/1999 concerning the residence of foreigners in the territory of the Czech Republic and amending certain acts.

It is important to distinguish between short stays for which some holders of diplomatic and service passports do not need a visa (e.g. under a bilateral visa waiver agreement), and long stays for the purpose of service at a diplomatic mission in the Czech Republic. In the latter case, the above visa may
be necessary.

Newly arriving staff members should make sure that they and their family members hold the required visa when entering the Czech Republic (unless they are visa exempt). Otherwise, they will not qualify for registration with the Diplomatic Protocol of the Ministry of Foreign Affairs of the Czech Republic.

The following persons must apply for a visa:

• a member of the staff of a diplomatic mission or consular post of a country whose nationals are subject to the visa requirement (i.e. they are not allowed to enter and stay in the Czech Republic without valid visas) and his/her family members if they are themselves nationals of that country;
• a member of the staff of an international governmental organization, if he/she is a national of a country whose nationals are subject to the visa requirement;
• a family member of a national of a country whose nationals are visa exempt, if the family member is a national of a country whose nationals are subject to the visa requirement;
• a family member of an EU citizen who is not himself/herself an EU citizen and has not been issued in another EU Member State the residence card of a family member of a Union citizen provided for in Article 10 of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely in the territory of the Member States.

The following persons do not need to apply for a visa:

• an EU citizen;
• a family member of an EU citizen who is not himself/herself an EU citizen but has been issued in another EU Member State the residence card of a family member of a Union citizen provided for in Article 10 of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely in the territory of the Member States;
• a member of the staff of a diplomatic mission or consular post of a country that has a bilateral visa waiver agreement with the Czech Republic (the agreement must state that persons posted to the Czech Republic on a long-term assignment to a mission will not be required to have an entry visa) and his/her family members who are themselves nationals of that country and fall within the scope of the bilateral agreement.

1.1.2. Applying for a visa – general requirements

Before the new staff member leaves to take up his/her functions in the Czech Republic, the Ministry of Foreign Affairs of the sending State or the appropriate international governmental organization must present to the Czech embassy or consulate in the given country a verbal note with a visa application.

The application must be presented two months before the staff member’s planned departure for the Czech Republic.

The verbal note must be accompanied by the following documents:

• a completed “Žádost o udělení dlouhodobého víza” (“Application for long-stay visa”);
• a diplomatic passport (diplomatic agents, consular officers and their family members) or a service passport (administrative and technical staff, consular employees, service staff and their family members) or an ordinary passport (heads and officers of international governmental organizations and their family members, private servants);
  • in case the sending State does not issue diplomatic or service passports to family members, the status of the family member can be confirmed, in exceptional cases, by a diplomatic note from the Ministry of Foreign Affairs of the sending State explaining the practice regarding the issuance of passports to family members and confirming that the person is considered a family member in terms of the Vienna Convention on Diplomatic Relations;
• one passport-sized photograph;
• additional supporting documents required from the given category of applicants – see below.

1.1.3. Applying for a visa – special requirements, by category of applicants

Posted staff members

The verbal note from the Ministry of Foreign Affairs of the sending State must state the appropriate staff category in terms of the Vienna Convention on Diplomatic Relations(1) or the Vienna Convention on Consular Relations(2) and the name of the person whom the applicant will replace at the diplomatic mission or consular post.

If the new staff member will not replace anybody, his/her arrival will result in an increase of the size of the mission or post. This fact must be explicitly confirmed in the note.

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(1) Staff categories: diplomatic staff (incl. rank), administrative and technical staff, and service staff.
(2) Staff categories: consular officer (incl. rank), consular employee, and service staff.

Children

If the child is aged under 18 and travels to the Czech Republic with only one of his/her parents, his/her visa application must be accompanied by an official document providing a legal basis for the child’s residence in the Czech Republic with reference to the family situation – e.g. an alternating custody order (namely if the parents are divorced), a notarized child custody agreement or another type of agreement between the parents that permits the child to live in the Czech Republic for a certain period of time (the period of time must be specified), or a notarized letter of consent from the other parent that permits the child to live in the Czech Republic for the duration of the custodial/caring parent’s posting.

The original of such document, authenticated and legalized in accordance with the domestic laws and regulations of the applicant’s country (for example, a document with a signature authenticated by a diplomatic mission of the Czech Republic, or a document with an affixed consular superlegalization or an Apostille) must be enclosed with the application.

If the child is aged 18 – 26, the application must also be accompanied by a certificate of enrolment in a standard full-time Bachelor or Master degree study programme (or the final year of a secondary school) at a school registered with the Ministry of Education, Youth and Sports of the Czech Republic.

If the child is not enrolled in the above type of study programme at the time of the application, he/she will need a residence permit. The application must be lodged at the Ministry of the Interior of the Czech Republic, and the applicant may request to be included in the fast-track residence permit procedure for family members of the staff of diplomatic missions.(3)

A child whose residence has been permitted by the Ministry of the Interior of the Czech Republic will qualify for registration with the Diplomatic Protocol as soon as he/she enrols in the required type of study programme(4).

If the child is permanently dependent on his/her parents’ care, the application must be accompanied, in addition to the above documents, by a certificate from a licensed medical facility.

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(3) See note of the Ministry of Foreign Affairs of the Czech Republic, ref. 304148/2014-KKM dated 5 June 2014.
(4) A standard full-time Bachelor or Master degree study programme at a school registered with the Ministry of Education, Youth and Sports of the Czech Republic (language courses and university

Private servants

The private servant must apply for a Czech visa authorizing a stay longer than 90 days for the purpose of lodging an application for a long-term residence permit issued by the Ministry of Foreign Affairs. The application must be lodged at a Czech embassy or consulate in the private servant’s country of nationality, or in the country that has issued the private servant’s travel document, or in the private servant’s country of long-term or permanent residence.(5)

The visa application must be accompanied by the standard supporting documentation and by a notarized copy of the employment contract(6) stamped by the Diplomatic Protocol.

The private servant will be invited for an interview. One of the purposes of the interview may be to make sure whether the private servant will be able to communicate with his/her future employer and whether he/she understands the terms and conditions of the employment contract and of his/her stay in the Czech Republic.

Before the affixing the visa in the private servant’s travel document, the Czech embassy or consulate may require a proof of the private servant’s health insurance coverage in the Czech Republic(7). The insurance must be valid from the date of the private servant’s arrival in the Czech Republic.

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(5) Countries whose nationals are entitled to lodge visa applications at other diplomatic missions and consular posts are listed in Regulation No. 429/2010 setting out exemptions from the duty of foreign nationals to lodge visa and residence permit applications at diplomatic missions and consular posts having territorial competence.
(6) A model text of an employment contract based on Czech laws, regulations and other terms and conditions of the private servant’s stay in the Czech Republic - see Annexes (the text is available also at www.mzv.cz/protokol - Registrace osob/Registration of officials - Přílohy).
(7) See Section 180(j) of Act No. 326/1999 concerning the residence of foreigners in the Czech Republic and amending some other acts

1.2. After arrival to the Czech Republic – registering with the Diplomatic Protocol

1.2.1. Who qualifies for registration

The following categories of the staff of diplomatic missions, consular posts and international governmental organizations qualify for registration with the Diplomatic Protocol.

Posted staff members

Members of diplomatic missions belonging to the following categories:

• diplomatic agents
• administrative and technical staff
• service staff

Members of consular posts belonging to the following categories:

• consular officers
• consular employees
• service staff
• honorary consular officers

Private servants employed in the private service of members of diplomatic missions and consular posts

Heads and officers of the offices of international governmental organizations belonging to the following categories:

• heads and officers enjoying diplomatic privileges and immunities under the Vienna Convention on Diplomatic Relations to the same extent as diplomatic agents
• officers enjoying privileges and immunities under the Vienna Convention on Diplomatic Relations to the same extent as the  administrative and technical staff of diplomatic missions
• heads and officers enjoying privileges and immunities to the extent defined in the appropriate international treaty

Registration with the Diplomatic Protocol is available only to persons who are employed, on a full-time basis, at the diplomatic mission, consular post (except for honorary consular officers) or international governmental organization.

Family members

Family members forming part of the household of a posted staff member qualify for registration with the Diplomatic Protocol if they are not nationals of or permanently resident in the Czech Republic.

For the purposes of the Czech Republic’s registration rules, the term “family members” refers to:

• spouses
• partners (if they hold a diplomatic or service passport of the sending State or if the union has been formalized in accordance with the laws and regulations of the sending State, and the Ministry of Foreign Affairs of the sending State confirms that the applicant is regarded as a family member in terms of the Vienna Convention on Diplomatic Relations);
• unmarried children aged under 18 (from the moment when the child gets his/her own passport);
• unmarried children aged 18-26, unless they engage in an independent gainful activity, i.e. children who are enrolled in a standard full-time Bachelor or Master degree study programme (or the final year of a secondary school) at a school registered with the Ministry of Education, Youth and Sports of the Czech Republic (language courses and university preparatory courses are not accepted for the purpose of registration);
• children permanently dependent on their parents´care, without age limitations.

Persons who do not qualify for registration as family members, and accordingly do not enjoy the privileges and immunities accorded to family members under international law, will need a residence permit. Applications for residence permits must be lodged at the Ministry of the Interior of the Czech
Republic - Foreigners Residence Department, office at Praha-Letná, and the applicant may request to be included in the fast-track residence permit procedure for family members of the staff of diplomatic missions.(8)

Setting appointments for the Foreigners Residence Department at Letná will be possible only via e-mail. 

Contact details:

Foreigners Residence Department/ Oddělení pobytu cizinců Praha – Letná

Nad Štolou 936/3

Praha 7 – Holešovice (Letná)

Entrance from Milady Horákové street

Appointment requests: pobytyletna@mvcr.cz

Office hours:            

Monday – Thursday: 8.00 – 16.00 (only for clients with an appointment)

Friday: 8.00 – 14.00 (only for clients with an appointment)

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(8) See note of the Ministry of Foreign Affairs of the Czech Republic, ref. 304148/2014-KKM dated 5 June 2014.

1.2.2. Applying for registration

As soon as the new staff member and his/her family members arrive in the Czech Republic, the respective diplomatic mission, consular post or international governmental organization must present to the Diplomatic Protocol of the Ministry of Foreign Affairs of the Czech Republic a verbal note with applications for their registration. This note must be presented while the applicants’ visas are still valid.(9)

Applying for registration – general requirements

Registration form

• See the Annexes (the form is also available at www.mzv.cz/protokol - Registrace osob/registration of officials - Přílohy);
• the applicant must present three copies of the registration form (one original with a photograph affixed + two identical copies with photographs shown in colour) with all sections duly completed;
• EU citizens and their family members must present two copies of the registration form (one original with a photograph affixed + one identical copy with photograph shown in colour) with all sections duly completed
• The registration form must not be completed by hand;
• The applicant must state his/her private residence address in the Czech Republic (not the address of his/her mission or post); this is necessary in order to ensure the inviolability of the applicant’s private residence;(10)

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(9) The validity period of the visa is the period stated in the “DURATION OF STAY .......DAYS” section of the visa sticker.
(10) In case the applicant does not yet know his/her private residence address in the Czech Republic at the time of the application, the address must be notified to the Diplomatic Protocol as soon as it becomes known.

One photograph showing the applicant’s current appearance

• passport size (3.5 x 4.5 cm) without the white border (to be affixed in the box on the first page of the form);

Passport

• a diplomatic passport (diplomatic agents, consular officers and their family members)
• a service passport (administrative and technical staff, consular employees, service staff and their family members)
  • in case the sending State does not issue diplomatic or service passports to family members, the status of the family member can be confirmed, in exceptional cases, by a diplomatic note from the Ministry of Foreign Affairs of the sending State explaining the practice regarding the issuance of passports to family members and confirming that the person is considered a family member in terms of the Vienna Convention on Diplomatic Relations;
• an ordinary passport (heads and officers of international governmental organizations and their family members, private servants);
• if the applicant is subject to the visa requirement, his/her passport must contain a visa authorizing a stay longer than 90 days for the purpose of lodging an application for a longterm residence permit issued by the Ministry of Foreign Affairs of the Czech Republic.

1.2.3. Applying for registration - special requirements, by category of applicants

Posted staff

The verbal note applying for the registration of a new diplomatic agent must state the agent’s place in the order of seniority at the mission (i.e. his/her place on the Diplomatic List).

Partners

In case the partner does not hold a diplomatic or service passport of the sending State, the verbal note must be accompanied by a document proving that the union has been formalized in accordance with the laws and regulations of the sending State, and a document of the Ministry of Foreign Affairs of the sending State proving that the applicant is regarded as a family member in terms of the Vienna Convention on Diplomatic Relations.

Children

If the child is aged under 18 and travels to the Czech Republic with only one of his/her parents, his/her application must be accompanied by an official document providing a legal basis for the child’s residence in the Czech Republic with reference to the family situation (unless such document has already been enclosed with the child’s visa application).

Documents accepted for this purpose include e.g. an alternating custody order (namely if the parents are divorced), a notarized child custody agreement or another type of agreement between the parents that permits the child to live in the Czech Republic for a certain period of time (the period of time must be specified), or a notarized letter of consent from the other parent that permits the child to live in the Czech Republic for the duration of the custodial/caring parent’s posting.

The document must be an original, authenticated and legalized in accordance with the domestic laws and regulations of the applicant’s country (for example, a document with a signature authenticated by a diplomatic mission of the Czech Republic, or a document with an affixed consular superlegalization or an Apostille).

If the child is aged 18 – 26, his/her application must be accompanied by a certificate of enrolment in a standard full-time Bachelor or Master degree study programme (or the final year of a secondary school) at a school registered with the Ministry of Education, Youth and Sports of the Czech Republic (language courses and university preparatory courses are not accepted for the purpose of registration).

The child will qualify for registration only if he/she resides in the Czech Republic legally.

Students will receive an ID card valid until September 30 of the next academic year. The validity of the card may be renewed for one additional year if the student presents a new certificate of enrolment.

If the child is permanently dependent on his/her parents´care, the application must be accompanied by a certificate from a licensed medical facility.

Private servants

The application for registration must be accompanied by a proof of medical insurance valid in the Czech Republic and by a notarized copy of the employment contract(11) (unless the private servant is a national of a country whose nationals are subject to the visa requirement).

The private servant will be invited to collect the ID card in person.

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(11) A model text of an employment contract based on Czech laws, regulations and other terms and conditions of the private servant’s stay in the Czech Republic - see Annexes (the text is available also at www.mzv.cz/protokol - Registrace osob/Registration of officials - Přílohy).

Non-resident diplomatic agent

A non-resident diplomatic agent is accredited to and resident in another country and has an additional accreditation to the Czech Republic.

His/her application for registration must be accompanied by a verbal note from the embassy confirming that the Ministry of Foreign Affairs of the other receiving State has been informed about the diplomatic agent’s future additional accreditation to the Czech Republic and that the receiving State has not raised an express objection.(12) Active consent of the other receiving State is not required.

The application must also be accompanied by a copy of the ID card issued by the Ministry of Foreign Affairs of the receiving State where the diplomatic agent resides, and by a copy of the diplomatic passport.

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(12) See Article 5, paragraph 1 of the Vienna Convention on Diplomatic Relations which permits members of the diplomatic staff to be accredited to more that one State, unless there is express objection by any of the receiving States.

Diplomatic agent resident in the Czech Republic and accredited to multiple countries accreditations

The embassy’s note must contain a list of the States of accreditation and confirm that the Ministries of Foreign Affairs of these States have been informed about the diplomatic agent’s multiple accreditations and that none of the receiving States has raised an express objection.(13)

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(13) See Article 5, paragraph 1 of the Vienna Convention on Diplomatic Relations.

Honorary consular officer

An honorary consular officer does not qualify for registration until his/her consular post is actually opened.

The verbal note requesting the registration must contain the following information:

• the date of opening of the post;
• the address and other contact details of the post, including opening hours (these data will be made available on the website of the Ministry of Foreign Affairs of the Czech Republic).

In addition to the standard supporting documentation, the note must be accompanied by a copy of the exequatur.

1.3. ID cards of persons enjoying privileges and immunities

As a rule, the ID card will be issued within one month from the receipt of an application for registration, provided that the application contains all required data and documents.

In case a diplomatic mission, consular post or international governmental organization does not duly notify the Diplomatic Protocol of the departure of its former staff members (i.e. does not announce the date of final departure and does not return the ID card), or in case any of the staff members remaining on the Diplomatic Protocol’s register holds a card that is past the expiry date and has not been returned, the issuing of ID cards to any other members of the mission, post or organization will be suspended.

An amendment to Act No. 326/1999 concerning the residence of foreigners in the territory of the Czech Republic, effective since 15 August 2017, requires the Diplomatic Protocol to issue a new type of ID cards that will serve both as an identity document and as a long-term residence permit document for the territory of the Czech Republic. When presented together with a valid passport, the new ID card will entitle the holder to enter other countries of the Schengen Area. This new practice applies only to persons who are not EU citizens or family members of EU citizens.

EU citizens and their family members will receive ID cards of the type that has been issued to date. This type of ID cards cannot be used as a long-term residence permit document.

The ID card is valid for a maximum of four years. The actual validity period may be shorter depending on the validity period of the holder’s passport or on other circumstances (e.g. cards issued to private servants and children aged over 18 as a rule have a shorter validity period).

The card serves to prove the holder’s identity, his/her status as a member of the staff of a diplomatic mission, consular post or international governmental organization, and his/her entitlement to privileges and immunities as defined in the appropriate international treaty. This means that the holder must present the card whenever necessary or at the request of the competent Czech authorities; otherwise, the Czech Republic is not able to honour its obligations as a receiving State under international law.

The ID card is not a substitute for a driving licence or for a residence document, and it does not authorize the holder to enter any other country of the Schengen Area.

 

1.3.1. Types of ID cards (by staff category), overview of privileges, immunities and related rules

There are several different types of ID cards issued by the Ministry of Foreign Affairs of the Czech Republic, depending on the staff category to which the holder belongs (D, K, MO/D, ATP, SP, SSO, KZ, SP/K, SSO/K, HK, MO, MO/ATP). Each staff category enjoys a different range of privileges and
immunities.

The Czech Republic has adopted the definitely functional approach to privileges and immunities expressed in the preambles to the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations as well as in Article 41 of the Vienna Convention on Diplomatic Relations and Article 55 of the Vienna Convention on Consular Relations, according to which all persons enjoying privileges and immunities must respect the laws and regulations of the receiving State, without prejudice to their privileges and immunities.

“D” card

Diplomatic agents – heads of diplomatic missions and members of the diplomatic staff (i.e. staff members who have diplomatic ranks and hold diplomatic passports) and their family members.

Diplomatic agents and their family members must respect the laws and regulations of the receiving State (see Article 41, paragraph 1 of the Vienna Convention on Diplomatic Relations). As stated in the preamble to the Convention, the purpose of privileges and immunities is not to benefit individuals but to ensure the efficient performance of the functions of diplomatic missions.

Diplomatic agents and their family members registered with the Diplomatic Protocol (unless they are nationals of or permanently resident in the Czech Republic) enjoy the following privileges and immunities set out in the Vienna Convention on Diplomatic Relations.

According to Article 31 of the Convention, diplomatic agents enjoy immunity from the criminal jurisdiction of the Czech Republic. They also enjoy immunity from its civil and administrative jurisdiction, except in the case of actions relating to private immovable property and actions relating to succession (for details see Article 31, paragraph 1 (a) and (b)). The Convention does not allow diplomatic agents to practise for personal profit any professional or commercial activity (see Article 42). Diplomatic agents who violate there rules do not enjoy immunity from the Czech Republic’s civil and administrative jurisdiction in the case of an action relating to any professional or commercial activities exercised by them outside their official functions (see Article 31, paragraph 1 (c)).

Diplomatic agents and their family members registered with the Diplomatic Protocol enjoy personal inviolability (see Article 29 of the Convention) and are not obliged to give evidence as witnesses (see Article 31, paragraph 2 of the Convention). Their private residence and property is inviolable as well.

According to Article 37, paragraph 1 read in conjunction with Article 31, paragraph 1 of the Convention, a diplomatic agent’s family members registered with the Diplomatic Protocol enjoy immunity from the criminal jurisdiction of the Czech Republic. They also enjoy immunity from its civil and administrative jurisdiction except in the case of actions relating to private immovable property, actions relating to succession and actions relating to any professional or commercial activity exercised in the receiving State) (for details see Article 31, paragraph 1 (a), (b) and (c)).

The ID cards issued to diplomatic agents and their family members include the following note: “Držitel průkazu požívá diplomatických výsad a imunit dle Vídeňské úmluvy o diplomatických stycích (č. 157/1964 Sb.).” (“The holder of this ID card enjoys diplomatic privileges and immunities under the
Vienna Convention on Diplomatic Relations (Journal of Laws No. 157/1964).”).

Subject to the consent of the receiving State, diplomatic agents may be appointed from among nationals of the receiving State, from among persons permanently resident in the receiving State, and from among third country nationals. In such cases, the diplomatic mission must seek the consent of the Ministry of Foreign Affairs of the Czech Republic as required in Article 8 of the Convention. If the consent is given, the Diplomatic Protocol will register such diplomatic agent.

The ID cards issued to diplomatic agents who are nationals of or permanently resident in the Czech Republic merely confirm that they are members of the staff of the mission. They include the following note based on Article 38, paragraph 1 of the Convention: “Držitel průkazu požívá pouze vynětí z jurisdikce a nedotknutelnost, pokud jde o oficiální činnost vykonávanou při plnění jeho funkcí diplomatického zástupce.” (“The holder of this ID card enjoys only immunity from jurisdiction and inviolability in respect of official acts performed in the exercise of his/her functions as a diplomatic agent.”). The family members of such diplomatic agents do not receive any ID cards and do not enjoy any privileges and immunities.

“K” card

Consular officers – persons, including the head of the consular post, entrusted with the exercise of consular functions at a consular post and holding diplomatic passports, and their family members.

Consular officers and their family members must respect the laws and regulations of the receiving State (see Article 55 of the Vienna Convention on Consular Relations). As stated in the preamble to the Convention, the purpose of privileges and immunities is not to benefit individuals but to ensure the efficient performance of functions by consular posts.

Consular officers and their family members registered with the Diplomatic Protocol (unless they are nationals of or permanently resident in the Czech Republic) enjoy the privileges and immunities set out in the Vienna Convention on Consular Relations. Valid bilateral consular conventions concluded between the receiving State and the sending State may establish a different range of privileges and immunities.

According to Article 43, paragraph 1 of the Convention, consular officers enjoy immunity from the jurisdiction of the judicial and administrative authorities of the Czech Republic; however, only in respect of acts performed in the exercise of consular functions. This immunity from jurisdiction does not apply in respect of a civil action arising out of a contract concluded by a consular officer in which he/she did not contract as an agent of the sending State and in respect of an action by a third party (i.e. not by the receiving State) for damage resulting from a traffic accident, including in cases where the cause of such action is related to the exercise of consular functions (see Article 43, paragraph 2 (a) and (b) of the Convention). Additional rules concerning the immunity of consular officers are set out in Articles 41, 44 and 45 of the Convention.

The family members of consular officers do not enjoy immunity from the jurisdiction of the judicial and administrative authorities of the Czech Republic.

The ID cards issued to consular officers include the following note: “Držitel průkazu požívá konzulárních výsad a imunit dle Vídeňské úmluvy o konzulárních stycích (č. 32/1969 Sb.).” (“The holder of this ID card enjoys consular privileges and immunities under the Vienna Convention on Consular Relations (Journal of Laws No. 32/1969).”).

Subject to the consent of the receiving State, consular officers may be appointed from among nationals of the receiving State, from among persons permanently resident in the receiving State, and from among third country nationals. In such cases, the sending State must seek the consent of the Ministry of Foreign Affairs of the Czech Republic, as required in Article 22 of the Convention. If the consent is given, the Diplomatic Protocol will register such consular officer.

The ID cards issued to consular officers who are nationals of or permanently resident in the Czech Republic merely confirm that they are members of the staff of the consular post. They include the following note based on Article 71, paragraph 1 of the Convention: “Držitel průkazu požívá pouze vynětí
z jurisdikce a osobní nedotknutelnosti v souvislosti s úředními úkony provedenými při výkonu jejich funkcí.“ (“The holder of this ID card enjoys immunity from jurisdiction and personal inviolability only in respect of official acts performed in the exercise of his/her functions.”). The family members of such consular officers do not receive any ID cards.

“MO/D” card

Members of the staff of international governmental organizations – heads and officers serving at the offices of international governmental organizations, and their family members, to whom a law or an international treaty accords the same diplomatic privileges and immunities as those enjoyed by the diplomatic staff of diplomatic missions.

The ID cards issued to these persons and their family members registered with the Diplomatic Protocol include the following note: “Držitel průkazu požívá diplomatických výsad a imunit jako diplomatický zástupce dle Vídeňské úmluvy o diplomatických stycích (č. 157/1964 Sb.).” (“The holder of this ID card enjoys the diplomatic privileges and immunities accorded to diplomatic agents under the Vienna Convention on Diplomatic Relations (Journal of Laws No. 157/1964).”).

“ATP” card

Members of the administrative and technical staff of the mission – staff members posted to a diplomatic mission by the Ministry of Foreign Affairs of the sending State who are employed in the administrative and technical service of the mission and hold service or special passports, and their family members.

Members of the administrative and technical staff and their family members must respect the laws and regulations of the receiving State (see Article 41, paragraph 1 of the Vienna Convention on Diplomatic Relations). As stated in the preamble to the Convention, the purpose of privileges and immunities is not to benefit individuals but to ensure the efficient performance of the functions of diplomatic missions.

Members of the administrative and technical staff and their family members registered with the Diplomatic Protocol (unless they are nationals of or permanently resident in the Czech Republic) enjoy the following privileges and immunities set out in the Vienna Convention on Diplomatic Relations.

According to Article 37, paragraph 2 read in conjunction with Article 31, paragraph 1 of the Convention, members of the administrative and technical staff enjoy immunity from the criminal jurisdiction of the Czech Republic. Their immunity from the civil and administrative jurisdiction of the Czech Republic does not extend to acts performed outside the course of their duties (see Article 37, paragraph 2).

Members of the administrative and technical staff and their family members registered with the Diplomatic Protocol enjoy personal inviolability (see Article 29 of the Convention) and are not obliged to give evidence as witnesses (see Article 31, paragraph 2 of the Convention). Their private residence and property is inviolable as well.

According to Article 37, paragraph 1 read in conjunction with Article 31, paragraph 1 of the Convention, family members (if registered with the Diplomatic Protocol) of the administrative and technical staff enjoy immunity from the criminal jurisdiction of the Czech Republic. They do not enjoy immunity from the civil and administrative jurisdiction of the Czech Republic.

The ID cards issued to members of the administrative and technical staff and their family members include the following note: “Držitel průkazu požívá výsad a imunit dle Vídeňské úmluvy o diplomatických stycích (č. 157/1964 Sb.).” (“The holder of this ID card enjoys privileges and immunities under the Vienna Convention on Diplomatic Relations (Journal of Laws No. 157/1964).”).

“SP” card

Members of the service staff of the mission – staff members in the domestic service of the mission who are employees of the sending State and holders of service or special passports.

Members of the service staff (unless they are nationals of or permanently resident in the Czech Republic) enjoy immunity in respect of acts performed in the course of their duties (Article 37, paragraph 3 of the Convention).

ID cards issued to members of the service staff include the following note: “Držitel průkazu požívá omezených imunit dle Vídeňské úmluvy o diplomatických stycích (č. 157/1964 Sb.); nepožívá vynětí ze správní jurisdikce České republiky (viz čl. 37 odst. 3 Vídeňské úmluvy o diplomatických stycích).” (“The holder of this ID card enjoys limited immunities under the Vienna Convention on Diplomatic Relations (Journal of Laws No. 157/1964); he/she does not enjoy immunity from the administrative jurisdiction of the Czech Republic (see Article 37, paragraph 3 of the Vienna Convention on Diplomatic Relations).”).

The family members of service staff do not enjoy any privileges and immunities. The ID cards issued to them include the following note: “Držitel průkazu nepožívá výsad a imunit.” (“The holder of this ID card does not enjoy any privileges and immunities.”).

“SSO” card

Private servants of members of the mission – persons in the domestic service of a member of the mission who are not employees of the sending State and are not nationals of or permanently resident in the Czech Republic.

Private servants do not enjoy immunity from the jurisdiction of the Czech Republic. However, the receiving State must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission (see Article 37, paragraph 4 of the Vienna Convention on Diplomatic Relations).

The ID cards issued to private servants include the following note: “Držitel průkazu není vyňat z jurisdikce České republiky. Přijímající stát vykonává svou jurisdikci tak, aby nedocházelo k zasahování do výkonu funkcí mise (viz čl. 37 odst. 4 Vídeňské úmluvy o diplomatických stycích publikované pod č. 157/1964 Sb.).” (“The holder of this ID card does not enjoy immunity from the jurisdiction of the Czech Republic. The receiving State must exercise its jurisdiction in such a manner as not to interfere unduly with the performance of the functions of the mission. (see Article 37, paragraph 4 of the Vienna Convention on Diplomatic Relations published in the Journal of Laws as Notice No. 157/1964 ).”).

“KZ” card

Consular employees – persons employed in the administrative or technical service of a consular post holding service or special passports, and their family members.

Consular employees must respect the laws and regulations of the receiving State (see Article 55, paragraph 1 of the Vienna Convention on Consular Relations). As stated in the preamble to the Convention, the purpose of privileges and immunities is not to benefit individuals but to ensure the efficient performance functions by consular posts.

According to Article 43, paragraph 1 of the Vienna Convention on Consular Relations, consular employees enjoy immunity from the jurisdiction of the judicial and administrative authorities of the Czech Republic; however, only in respect of acts performed in the exercise of consular functions. This
immunity for jurisdiction does not apply in respect of a civil action arising out of a contract concluded by a consular employee in which he/she did not contract as an agent of the sending State and in respect of an action by a third party (i.e. not by the receiving State) for damage resulting from a traffic accident, including in cases where the cause of such action is related to the exercise of consular functions (see Article 43, paragraph 2 (a) and (b) of the Convention). Consular employees are not obliged to give evidence concerning matters connected with the exercise of their functions (see Article 44, paragraph 3 of the Convention).

The family members of consular employees do not enjoy immunity from the jurisdiction of the judicial and administrative authorities of the Czech Republic.

Valid bilateral consular conventions concluded between the receiving State and the sending State may establish a different range of privileges and immunities.

The ID cards issued to consular employees and their family members include the following note: “Držitel průkazu požívá konzulárních výsad a imunit dle Vídeňské úmluvy o konzulárních stycích (č. 32/1969 Sb.)” (“The holder of this ID card enjoys consular privileges and immunities under the
Vienna Convention on Consular Relations (Journal of Laws No. 32/1969 ).”).

“SP/K” card

Members of the service staff of a consular post – persons employed in the domestic service of a consular post who are employees of the sending State and holders of service or special passports.

Members of the service staff (unless they are nationals of or permanently resident in the Czech Republic) do not enjoy immunity from the jurisdiction of the Czech Republic; however, they are not obliged to give evidence concerning matters connected with the exercise of their functions (see Article 44, paragraph 3 of the Convention).

The ID cards issued to members of the service staff of a consular post include the following note: “Držitel průkazu není vyňat z jurisdikce České republiky, nemá však povinnost podávat svědectví týkající se věcí spojených s výkonem svých funkcí (viz čl. 44 odst. 3 Vídeňské úmluvy o konzulárních stycích publikované pod č. 32/1969 Sb.).” (“The holder of this ID card does not enjoy immunity from the jurisdiction of the Czech Republic; however, he/she is not obliged to give evidence concerning matters connected with the exercise of his/her functions (see Article 44, paragraph 3 of the Vienna Convention on Consular Functions published in the Journal of Laws as Notice No. 32/1969 ).”).

The family members of the service staff do not enjoy privileges and immunities. The ID cards issued to them includes the following note: “Držitel průkazu nepožívá výsad a imunit.” (“The holder of this ID card does not enjoy any privileges and immunities.”).

Valid bilateral consular conventions concluded between the receiving State and the sending State may establish a different range of privileges and immunities.

“SSO/K” card

 
Members of the private staff – persons employed exclusively in the private service of a member of the consular post who are not employees of the sending State and are not nationals of or permanently resident in the Czech Republic.

The private staff employed by members of consular posts does not enjoy immunity from the jurisdiction of the Czech Republic.

The ID cards issued to members of the private staff employed by members of consular posts include the following note: “Držitel průkazu není vyňat z jusrisdikce České republiky.” (“The holder of this ID card does not enjoy immunity from the jurisdiction of the Czech Republic.”).

The rules concerning private servants of members of diplomatic missions, namely their registration, entry and residence in the Czech Republic, apply also to the private staff employed by members of consular posts.

“HK” card

Honorary consular officers are persons entrusted with the exercise of certain consular functions in the Czech Republic. They are not career consular officers.

An honorary consular officer enjoys i.a. the following privileges and immunities set out in Chapter III of the Vienna Convention on Consular Relations, starting from the date on which his/her consular post is opened.

According to Article 58, paragraph 2, read in conjunction with Article 43, paragraph 1 of the Convention, an honorary consular officer enjoys immunity from the jurisdiction of the judicial and administrative authorities of the Czech Republic; however, only in respect of acts performed in the exercise of consular functions. This immunity from jurisdiction does not apply in respect of a civil action arising out of a contract concluded by an honorary consular officer in which he/she did not contract as an agent of the sending State and in respect of an action by a third party (i.e. not by the receiving State) for damage arising from a traffic accident. In these two cases, the honorary consular officer does not enjoy immunity, even if cause of such action is related to the exercise of consular functions (see Article 43, paragraph 2 (a) and (b) of the Convention).

The ID cards issued to honorary consular officers who are nationals of or permanently resident in the Czech Republic do not serve to prove the holder’s identity. In accordance with Article 71, paragraph 1 of the Convention, these ID cards include the following note: “Držitel průkazu požívá vynětí z jurisdikce a osobní nedotknutelnosti v souvislosti s úředními úkony při výkonu jeho funkcí. Řízení motorového vozidla není “úředním úkonem” ve smyslu čl. 5 a 43 Vídeňské úmluvy o konzulárních stycích a nevztahuje se na něj vynětí ze správní jurisdikce ČR.” (“The holder of this card enjoys immunity from jurisdiction and personal inviolability only in respect of official acts performed in the exercise of his/her functions. The driving of motor vehicles is not an ´official act´ in terms of Articles 5 and 43 of the Vienna Convention on Consular Relations and is not covered by immunity from the administrative jurisdiction of the Czech Republic.”).

The family members of honorary consular officers do not enjoy any privileges and immunities and do not receive any ID cards.

“MO” card

Members of the staff of international governmental organizations – heads and officers (within the meaning of the term “officer” as defined in the applicable international treaty or by law) serving at the offices of international governmental organizations who enjoy privileges and immunities under Czech domestic law or under an international treaty, and their family members.

The ID cards issued to these persons and their family members registered with the Diplomatic Protocol include the following note: „Držitel průkazu požívá výsad a imunit v rozsahu daném mezinárodní smlouvou či zákonem publikovaným ve Sbírce zákonů.“ (“The holder of this ID card enjoys privileges and immunities to the extent defined by an international treaty or by a law published in the Journal of Laws.”).

“MO/ATP” card

Members of the staff of international governmental organizations – officers (within the meaning of the term “officer” as defined in the applicable international treaty or by law) of international governmental organizations, and their family members, to whom a law or an international treaty accords the same privileges and immunities as those enjoyed by the administrative and technical staff of diplomatic missions, and their family members.

The ID cards issued to these persons and their family members registered with the Diplomatic Protocol include the following note: “Držitel průkazu požívá výsad a imunit jako člen administrativního a technického personálu dle Vídeňské úmluvy o diplomatických stycích (č. 157/1964 Sb.).” (“The holder of this ID card enjoys the privileges and immunities accorded to the administrative and technical staff under the Vienna Convention on Diplomatic Relations (Journal of Laws No. 157/1964).”).

1.3.2. Applying for a replacement ID card

When the ID card expires or has been lost, stolen or destroyed, or when the data printed on the card have changed, the diplomatic mission, consular post or international governmental organization must present to the Diplomatic Protocol a verbal note applying for a replacement card.

The verbal note must be accompanied by a completed “Formulář pro vystavení nového průkazu/Card Replacement Form” (see Annexes; also available at www.mzv.cz/protokol - Registrace osob/Registration of officials - přílohy).

- a Card Replacement Form with affixed passport-size photograph + one identical copy (with the photograph shown in colour)

- EU citizens and their family members must present a Card Replacement Form with affixed passport-size photograph

The following documents must be enclosed:

To replace an expired card:

• the old card;
• 2 copies of the holder´s passport (including the page that shows the passport validity period);
• EU citizens and their family members: a copy of the holder’s passport (including the page that shows the passport validity period);
• a recent passport-size photograph (the age of the photograph is especially important if the card holder is a child);
• for children aged over 18 – a certificate of school enrolment in the Czech Republic;
• for honorary consular officers – an official certificate from the Ministry of Foreign Affairs of the sending State confirming that the applicant continues to be entrusted with the functions of an honorary consular officer;
• for private servants - a proof of health insurance in the Czech Republic.

The replacement card is valid for a maximum of two years. The actual validity period may be shorter depending on the validity period of the applicant’s passport or on other circumstances.

To change the data printed on the card:

• the old card;
• 2 copies of the holder´s passport (including the page that shows the passport validity period);
• EU citizens and their family members: a copy of the holder’s passport (including the page that shows the passport validity period).

The replacement card will be valid for the same period as the old one.

To replace a lost, stolen or destroyed card:

• a police record confirming that the holder has reported the loss or theft of his/her old card;
• 2 copies of the holder´s passport (including the page that shows the passport validity period);
• EU citizens and their family members: a copy of the holder’s passport (including the page that shows the passport validity period).

The replacement card will be valid for the same period as the old one.

1.4. Rules concerning the employment of private servants

Private servants working for members of diplomatic missions are private employees of members of the mission. They are not in an employment relationship with the sending State and are not nationals of or permanently resident in the Czech Republic.

Private servants can be employed only by members of the diplomatic staff. The acceptable numbers of private servants per one employer (by category) are as follows:

• Ambassador – maximum of two private servants;
• Diplomatic agent – maximum of one private servant.

The validity period of a private servant’s ID card is one year; it may be shorter depending on the validity period of the employer’s ID card and on the validity period of the private servant’s health insurance policy.

The residence permit issued by the Ministry of Foreign Affairs of the Czech Republic is valid only for the duration of the employment, and no residence permits of this type are issued to the private servant’s family members. Family members of private servants are not registered with the Diplomatic Protocol.

The private servant must not be a blood relation of his /her employer or a blood relation of the employer’s spouse.

1.4.2. Working conditions

The private servant must be employed in accordance with the Czech Republic’s laws and regulations (see in particular Act No. 262/2006, the Labour Code, as amended) and not in accordance with the laws and regulations of the sending State.

The standard working time is 40 hours per week. Overtime working hours must be remunerated in accordance with Czech laws and regulations.

Working hours

The private servant’s working hours must be organized in accordance with the following provisions of the Labour Code (Act No. 262/2006, as amended):

Work breaks (Section 88, paragraph 1) - the maximum period of continuous work is limited to six hours, after which the employer must allow the employee to take an at least 30-minute break for meal and rest.

Uninterrupted rest period between two shifts (Section 90, paragraph 1) – the employer must organize the working hours so as to give the employee an uninterrupted rest period of at least 11 hours between the end of one shift and the start of the next shift.

Uninterrupted rest period per week (Section 92, paragraph 1) - the employer must organize the working hours so as to give the employee one uninterrupted rest period of at least 35 hours per week.

Non-working days (Section 91, paragraphs 1, 2 and 3) - the days of the employee’s weekly uninterrupted rest and public holidays. The employer may order the employee to work on nonworking days only on an exceptional basis, in cases explicitly defined in Section 91, paragraph 3. The work performed by private servants is not deemed to be “necessary work that cannot be postponed until working days”.

Extra pay

The standard working time is 40 hours per week. This limit set by the laws and regulations of the Czech Republic. If the private servant works above the limit he/she must receive the following financial compensation required by the relevant provisions of the Labour Code (Act No. 262/2006, as amended):

Overtime work (Section 114, paragraphs 1 and 3) - the employee must receive a portion of his/her wages proportionate to the duration of overtime work plus an overtime premium amounting to at least 25% of his/her average earnings, unless the employer and the employee have agreed that an extra leave (corresponding to the duration of overtime work) would be granted instead of the overtime premium.

However, the overtime wage plus an overtime premium, or the extra leave, should not be given to an employee whose normal wages, as agreed in the employment contract, already include compensation for anticipated overtime work. It is important that this type of wages, with an overtime compensation already included, can be stipulated only in contracts that specify the anticipated duration of overtime work. The statutory limit for overtime work agreed on this basis is 150 hours per calendar year. Once the 150-hour limit is exceeded, the employee must be given the standard overtime wage with an overtime premium, or an extra leave.

An employer who wants to grant extra leaves rather than to pay overtime premiums must specifically agree on this with the employee.

Night work (Section 78, paragraph 1 (j) and (k), Section 116) - work performed between 22 hrs and 6 hrs if the employee works for at least three hours during this time.

The employee must receive a portion of his/her wages proportionate to the duration of such work plus a premium amounting to at least 10% of his/her average earnings.

The rules concerning regular work breaks, non-working days and weekly uninterrupted rest periods must also be observed.

Work performed on Saturdays and Sundays (Section 118, paragraph 1) - the employee must receive a portion of his/her wages proportionate to the duration of such work plus a premium amounting to at least 10% of his/her average earnings.

The rules concerning regular work breaks, non-working days and weekly uninterrupted rest periods must also be observed.

1.4.3. Amount of wages and payment method

The private servant is entitled to wages for the work performed; the amount of wages paid to the private servant must correspond to the amount agreed in the employment contract. The minimum wage in the Czech Republic is set by annually updated Government Regulation No. 567/2006.(15) It does not include overtime wages and extra pay for work on non-working days, night work and work on Saturdays and Sundays.

The employment contract must specify the payment schedule and payment method (wages should preferably be remitted to the private servant’s bank account).

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(15) With effect from 1 January 2017, Government Regulation No. 336/2016 has set the basic minimum wage for the weekly working time of 40 hours to CZK 66 per hour or to CZK 11,000 per month.

1.4.4. Personal rights of the private servant

The private servant is entitled to have his/her passport and ID card, once issued, at his/her disposal for the whole duration of the employment. Withholding a private servant’s personal documents is regarded as a serious violation of his/her personal rights.

The employer must provide the private servant, at the employer’s own expense, with accommodation, including a bed in a separate room, and with board consisting of at least three full daily meals respecting the private servant’s health, religious and other dietary requirements.

When the employment comes to an end, the employer must provide the private servant, at the employer’s own expense, with transport back to the place of the private servant’s permanent or long-term residence.

The employer must cover all healthcare costs incurred by the private servant in the Czech Republic; to this end, the employer must either take out individual health insurance on the private servant’s behalf, or enter into a medical services contract with an appropriate medical care facility. The employer must not deduct any healthcare costs from the private servant’s wages.

Restriction of personal freedom

The Czech Republic’s laws and regulations require employees to fulfil their duties during working hours, but also give them the right to time off during work breaks, non-working days and weekly uninterrupted rest periods. During the time off, the employee’s freedom of movement must not be restricted.

The private servant has the right to leave the employer’s home. The employer must not prevent the private servant from enjoying personal freedom.

Restriction of personal freedom is a crime in Czech law (see Section 171 of Act No. 40/2009, the Criminal Code, as amended).

1.4.5. Before the private servant arrives in the Czech Republic

Employment contract

The diplomatic mission must send to the Diplomatic Protocol a note announcing the intention to employ a private servant. Enclosed with the note must be an employment contract concluded in accordance with the Czech Republic’s labour legislation; the employment contract(16) must be in English with a certified translation into the private servant’s mother language (or a language he/she understands).

Employment contracts meeting all the above requirements will be stamped by the Diplomatic Protocol to certify that the contract has been duly submitted to the Diplomatic Protocol. Stamped contracts will be returned to the diplomatic mission.

The private servant’s future employer may be invited for a personal interview at the Diplomatic Protocol.

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(16) A model text of an employment contract based on Czech laws, regulations and other terms and conditions of the private servant’s stay in the Czech Republic - see Annexes (the text is available also at www.mzv.cz/protokol - Registrace osob/Registration of officials - Přílohy).

Visa application

The private servant must apply for a Czech visa authorizing a stay longer than 90 days for the purpose of lodging an application for a long-term residence permit issued by the Ministry of Foreign Affairs of the Czech Republic. The application must be lodged at a Czech embassy or consulate in the private servant’s country of nationality, or in the country that has issued the private servant’s travel document, or in the private servant’s country of long-term or permanent residence.(17)

The visa application must be lodged two months before the private servant’s planned arrival to the Czech Republic.

The visa application must be accompanied by the private servant’s travel document, one photograph and the employment contract in English with a certified translation to the private servant’s mother language (or the language he/she understands), stamped by the Diplomatic Protocol.

The private servant will be invited for an interview. One of the purposes of the interview may be to make sure whether the private servant will be able to communicate with his/her future employer and whether he/she understands the terms and conditions of the employment contract and of his/her stay in the Czech Republic.

Before the affixing the visa in the private servant’s travel document, the Czech embassy or consulate may require a proof of the private servant’s health insurance coverage in the Czech Republic(18). The insurance must be valid from the date of the private servant’s arrival in the Czech Republic.

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(17) Countries whose nationals are entitled to lodge visa applications at other diplomatic missions and consular posts are listed in Regulation No. 429/2010 setting out exemptions from the duty of foreign nationals to lodge visa and residence permit applications at diplomatic missions and consular posts having territorial competence.
(18) See Section 180(j) of Act No. 326/1999 concerning the residence of foreigners in the Czech Republic and amending some other acts.

1.4.6. After the private servant arrives in the Czech Republic

Registration with the Diplomatic Protocol

The application for the private servant’s registration with the Diplomatic Protocol must be lodged immediately after his/her arrival in the Czech Republic.

In addition to the standard supporting documentation, the registration application must be accompanied by a proof of health insurance valid in the Czech Republic or by a copy of a medical services contract with an appropriate medical care facility.

The private servant will receive an ID card serving as an identity document.

The private servant will be invited to visit the Diplomatic Protocol to collect the ID card in person.

Extending the registration with the Diplomatic Protocol

The diplomatic mission must send to the Diplomatic Protocol an application for a new ID card, together with a proof of valid health insurance in the Czech Republic, at least one month before the expiry of the private servant’s ID card.

The private servant will be invited to collect his/her ID card in person.

The total length of the private servant’s residence in the Czech Republic must not exceed ten years.

1.4.7. Final departure of the private person

In accordance with Article 10 of the Vienna Convention on Diplomatic Relations, the diplomatic missions must notify the Diplomatic Protocol of the private servant’s final departure from the Czech Republic in a verbal note.

The note shall include the following documents:

• Identification card;
• Copy of the document showing termination of the employment (termination by agreement/termination by a notice given by one of the parties);
• Affidavit confirming that all claims and obligations related to the private servant’s employment have been settled (see the enclosed form or download from www.mzv.cz/protocol  - Forms – 1. Registration of Persons).

1.5. Final departure of a staff member and his/her family members; returning the ID cards

According to Article 10 of the Vienna Convention on Diplomatic Relations and Article 24 of the Vienna Convention on Consular Relations, diplomatic missions, consular posts and international governmental organizations accredited to the Czech Republic must keep the Diplomatic Protocol of the Ministry of Foreign Affairs of the Czech Republic informed (by verbal notes) about the dates of final departure of their staff members, family members and private servants, and must return the ID cards of these persons.

In case a diplomatic mission, consular post or international governmental organization does not notify the Diplomatic Protocol of the departure of former staff members (i.e. it does not announce the dates of final departure and does not return the ID cards), the issuing of ID cards to the remaining members of the mission, post or organization will be suspended.

1.6. Departure Order

Members of the staff of diplomatic missions, consular posts or international organizations accredited to the Czech Republic who have received a residence permit from the Consular Department of the Ministry of Foreign Affairs of the Czech Republic must apply for a Departure Order before their functions in the Czech Republic come to an end.(19)

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(19) See Section 50 of Act No. 326/1999 concerning the residence of foreigners in the Czech Republic and amending certain other acts.

1.7. Beginning and end of privileges and immunities

A member of a diplomatic mission and consular post enjoys privileges and immunities from the moment he/she enters the territory of the Czech Republic on proceeding to take up his/her post or, if already in its territory, from the moment when his/her appointment is notified to the Ministry of Foreign Affairs of the Czech Republic.(20)

An honorary consular officer enjoying privileges and immunities enjoys them from the date on his/her consular post is opened or from the date on which the Ministry of Foreign Affairs of the Czech Republic is notified that the honorary consular officer has taken up his/her post.(21)

Family members and private servants of a member of the staff of a mission or post are entitled to enjoy privileges and immunities from the date on which the respective staff member is accorded his/her own privileges and immunities, or from the date on which they enter the territory of the Czech Republic, or from the date on which they become the family members or private servants of the staff member, whichever of these dates comes first.

The above rules apply to persons who meet all criteria for registration with the Ministry of Foreign Affairs of the Czech Republic.

The date of issue of the ID card is not relevant to determining the date from which the holder enjoys privileges and immunities.

When the functions of a person enjoying privileges and immunities have come to an end, the privileges and immunities of such person, his/her family members and private servants normally cease at the moment when they leave the country, or on expiry o a reasonable period in which to do so.(22)

However, immunity continues to subsist with respect to acts performed by such a person in the exercise of his/her functions as a member of a diplomatic mission or as a consular officer or consular employee.(23)

The residence permit issued by the Consular Department of the Ministry of Foreign Affairs of the Czech Republic is valid only for the duration of the holder’s registration with the Diplomatic Protocol. When the functions of a person enjoying privileges and immunities come to an end, this residence permit does not enable his/her to change the purpose of stay and remain the Czech Republic.

The maximum length of uninterrupted residence of a posted member of the staff of a diplomatic mission, consular post or international governmental organization (with the exception of the heads of these institutions), and therefore the maximum time for which the staff member can be registered with
the Diplomatic Protocol, is ten years. Upon the expiry of this period, the staff member is regarded as permanently resident in the Czech Republic and his/her registration with the Diplomatic Protocol is terminated. If the staff member wishes to remain in the Czech Republic for a further period, he/she must apply to the Ministry of the Interior of the Czech Republic in order to legalize his/her residence status.

A diplomatic mission, consular post or international organization that wants to keep a permanently resident staff member in his/her current position can do so only if the permanent resident holds an Employee Card for the position, as required by Act No. 435/2004 concerning employment as amended and Act No. 326/1999 concerning the residence of foreigners in the Czech Republic as amended.

The Employee Card is issued, subject to compliance with statutory requirements, only for positions advertised in the Central Register of Vacancies as vacant positions open to Employee Card holders (the employer must report the vacancy to the local Labour Office and indicate that the vacancy is open to Employee Card holders; such vacancy can be filled with an Employee Card holder if no suitable candidate is found among Czech jobseekers within 30 days from the date of the vacancy notice, see Section 37a, paragraph 2 of Act No. 435/2004).

When a position formerly held by a permanent resident is filled with a staff member posted to the diplomatic mission, consular post or international governmental organization on a staff rotation basis, the new staff member will not need an Employee Card until he/she becomes a permanent resident. Staff members who are Czech nationals do not need an Employee Card.

The Asylum and Migration Policy Department of the Ministry of the Interior of the Czech Republic is ready to render all possible assistance to diplomatic missions, consular posts and international governmental organizations in connection with applications for Employee Cards. The applications should be submitted to the Foreigners Residence Department at Praha-Letná.

Setting appointments for the Foreigners Residence Department at Letná will be possible only via e-mail. 

Contact details:

Foreigners Residence Department/ Oddělení pobytu cizinců Praha – Letná

Nad Štolou 936/3

Praha 7 – Holešovice (Letná)

Entrance from Milady Horákové street

Appointment requests: pobytyletna@mvcr.cz

Office hours:            

Monday – Thursday: 8.00 – 16.00 (only for clients with an appointment)

Friday: 8.00 – 14.00 (only for clients with an appointment)
 

It is important to pay due attention to this issue and to present applications to the Foreigners Residence Department sufficiently in advance.

If the diplomatic mission, consular post or international organization does not want to keep the permanent resident on its staff or if the permanent resident wants to leave his/her current job but remain in the Czech Republic for a further period, the permanent resident will have to legalize his/her
further residence in the Czech Republic. This means that he/she will have to change the purpose of stay (e.g. the new purpose may be employment if he/she finds a new job and gets an Employee Card for this new job; if he/she is a member of the family of a Czech national or of another person resident in the Czech Republic, he/she can obtain a long-term residence permit for the purpose of family reunification).

Residence permit applications can be submitted to any office of the Foreigners Residence Department. However, in any case the application must be submitted sufficiently in advance.

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(20) See Article 39, paragraph 1 of the Vienna Convention on Diplomatic Relations and Article 53, paragraph 1 of the Vienna Convention on Consular Relations.
(21) See Article 53, paragraph 1 of the Vienna Convention on Consular Relations.
(22) See Article 39, paragraph 2 of the Vienna Convention on Diplomatic Relations and Article 53, paragraph 3 of the Vienna Convention on Consular Relations.
(23) See Article 39, paragraph 2 of the Vienna Convention on Diplomatic Relations and Article 53, paragraph 4 of the Vienna Convention on Consular Relations.

1.8. Locally engaged staff

Persons employed with a diplomatic mission, consular post or international governmental organization, who are nationals of or permanently resident in the Czech Republic, have not been posted to the mission, post or organization by the Ministry of Foreign Affairs of the sending State and have been engaged(24) in the Czech Republic, form a separate category referred to as “locally engaged staff”.

In the Czech Republic, such persons do not enjoy any privileges and immunities(25), and not registered with the Diplomatic Protocol and do not receive any ID cards. However, the receiving State must exercise its jurisdiction over those persons in such as manner as not to interfere unduly with the performance of the functions of the diplomatic mission and not to hinder unduly the performance of the functions of the consular post.(26)

The diplomatic mission has the right to issue to its locally engaged staff cards identifying the holder as an employee of the mission, especially if the holder is authorized to deal with Czech authorities on behalf of the mission. However, the card must not contain any misleading information – for example, it must not state that the holder enjoys privileges and immunities. No state symbols of the Czech Republic may be used on the card.

Detailed rules concerning the employment of locally engaged staff, including the requirements of labour legislation, are set out in the “Employment in the Czech Republic” chapter.

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(24) See Article 10, paragraph 1 (d) of the Vienna Convention on Diplomatic Relations.
(25) The Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations leave it at the discretion of the receiving State whether, and to what extent, it will accord privileges and immunities to locally engaged staff (see Article 38, paragraph 2 of the Vienna Convention on Diplomatic Relations and Article 71, paragraph 2 of the Vienna Convention on Consular Relations). The Czech Republic does not accord any privileges and immunities to these persons.
(26) See Article 38, paragraph 2 of the Vienna Convention on Diplomatic Relations and Article 71, paragraph 2 of the Vienna Convention on Consular Relations.

1.9. Diplomatic List

The Diplomatic List contains an overview of diplomatic missions, consular posts and international governmental organizations accredited to the Czech Republic, a list of heads of mission (by date of presentation of credentials), a list of diplomatic agents serving at each diplomatic mission, and a calendar
of National Days.

The Diplomatic List is kept by the Ministry of Foreign Affairs of the Czech Republic. It exists only in electronic format and is available online at the Ministry’s website www.mzv.cz/protokol.

The Diplomatic List is updated automatically on the basis of applications for registration and notifications of final departure of diplomatic agents. Every verbal note applying for the registration of a new diplomatic agent must state the agent’s place in the order of seniority at the mission.

In the event of any changes (telephone numbers, staff rotation, changes in the order of seniority), the diplomatic mission, consular post or international governmental organization must print out its entry from the Diplomatic List at the Ministry website, correct it and send it to the Diplomatic Protocol.

1.10. Annexes

To download on the website www.mzv.cz/protocol - Formuláře / Forms