THE LAW ON THE CENSUS OF POPULATION, HOUSEHOLDS AND DWELLINGS 2001
1. GENERAL PROVISIONS
In the period from 1 until 15 April 2001 the Census of Population, Households and Dwellings shall be conducted in the Republic of Croatia (thereinafter: Census). The Census shall be conducted according to the situation as per 31 March 2001 at 24.00 hours, which is considered a Census day. Immediately after the Census, there shall be Post Enumeration Survey carried out on a representative sample of enumeration districts, in order to evaluate the coverage and quality of Census data.
The Census shall cover the following census units:
1) Citizens of the Republic of Croatia, foreign citizens and persons without citizenship who are usual residents of the Republic of Croatia, irrespective of whether, at the time of the Census, they were present in the Republic of Croatia or were abroad as well as persons who, at the time of the Census, were temporarily present in the Republic of Croatia.
2) Households of persons mentioned in the subparagraph 1 of this article. In the sense of this Law, a household is every family or some other kind of community of persons who live together and spend their income on basic existential needs (housing, food and the like), i.e. persons living alone in the place of the Census and not having a household in other settlements in the Republic of Croatia or abroad (single household). Household is also a so called institutional household, i.e. a household that consists of persons who live in institutions for taking care of children and adults, in hospitals for the permanent stay of incurable patients and facilities used by army, police, justice, camps for refugees and displaced persons etc.
3) dwellings and other uninhabited premises. In the sense of this Law, a dwelling is a permanent housing unit intended for dwelling that consists of one or more rooms with auxiliary facilities (kitchen, pantry, vestibule, bathroom, toilet etc.) or without them, and has a separate enterance. The Census shall comprise other premises and facilities that are not considered dwellings according to this definition, but which were used as such at the time of the Census.
The Census shall not comprise diplomatic personnel of foreign diplomatic bodies and consulate, representatives of international organisations and bodies, including the members of their families who temporarily reside with them in the Republic of Croatia as well as dwelling owned by foreign countries.
At the time of the Census (Article 1), a person qualified for carrying out enumeration (thereinafter: the enumerator), who has the Letter of Authority for the Census (Article 26, Item 4), shall enumerate enumeration units (Article 2) and collect data defined in the articles 11, 12 and 13 of this Law.
Persons mentioned in the Article 2 of this Law are obliged to give accurate and full answers to all the questions in the Census questionnaires. Persons mentioned in the Article 2 of this Law are not obliged to answer the questions on their national and religious affiliations, and the questionnaire must have a note about it.
The basic Census questionnaires, the Personal Questionnaire and the Questionnaire for the Dwelling and Household, are printed by using a technique adjusted for optical reading on an computer medium, in Croatian and using Latin script. Answers shall also be in Croatian language and using Latin script.
The enumerator is obliged to warn representatives of national minorities on their right to consider specimens of the basic Census questionnaires in the language and script of his/her national minority.
Data on absent persons included in the Census according to this Law (Article 2) are given by a member of the household who is the most familiar with them, while the data on children up to 15 years of age are given by one of the parents, foster parent or a guardian. If the enumerator, at the time of enumeration, does not find a person included in the Census, and data cannot be collected in a way defined in the paragraph 1 of this article, he/she shall leave a written Notice on the duty to submit the data to the competent enumeration centre by 15 April 2001 at the latest. The Notice defined in the paragraph 2 of this Law shall include the working hours and the address of the competent enumeration centre.
Enumerators and other persons engaged in the Census or in other activities concerning the Census are obliged to fulfil their tasks with full responsibility. Persons mentioned in the paragraph 1 of this article are obliged to consider an official secret all the data collected by individuals regarding their personal, family and property conditions.
Data collected by the Census shall be used for statistical purposes only. Exceptionally, particular data on persons (name and surname, identification number, place of birth and the address) may be used for entering or up-dating the existing registers of inhabitants in the counties and the City of Zagreb. The Government of the Republic of Croatia shall make a decision on making data mentioned in the paragraph 2 of this Law available, on the basis of a study submitted by a binder on keeping and using these data and of the opinion of the Croatian Bureau of Statistics. Regarding the protection of individual data, regulations on the protection of personal data shall be applied. Until the regulations mentioned in the paragraph 4 of this article come into force, the director of the Croatian Bureau of Statistics shall define the measures for data protection, access to the database and responsibilities.
In order to ensure the up-dated technical documentation necessary in carrying out the Census, the competent bodies shall not, in the period from 1 January until 30 April 2001, change their names, borders and areas of the counties, towns and municipalities, settlements, units of local self-government, statistical and enumeration districts and streets and house numbers.
II THE CONTENT OF THE CENSUS
By the Personal Census defined in the Article 2, subparagraph 1, of this Law the following data shall be collected: name and surname of a father or a mother; gender; personal identification number; relationship towards the head of the household; merital status; number of liveborn children; settlement; town/municipality, i.e. country of a permanent/temporary residence; a reason of presence/absence; the time of presence/absence; settlement and town/municipality, i.e. country of birth; mother’s residence at the time of a person’s birth; for persons who immigrated: settlement, town/municipality i.e. country of the origin, year and reason of immigration; residence of the person on 31 March1991 (at the Census day); the place of residence of a person one year ago (31 March 2000); citizenship; nationality; mother tongue; religion; highest level of completed education; literacy; attending school; place of attending school; activity; occupation; main source of livelihood; occupation of supporter; activity of an active person or of a supporter of a supported person; place of work; usual working time; usual weekly number of working hours; frequency of returning to the permanent residence; invalidity with their causes and physical mobility of invalid persons; and activity in the week from 25 until 31 March 2001. Besides data defined in the paragraph 1 of this article, data shall be also collected for the citizens of the Republic of Croatia who returned from working abroad on the name of the country where they worked, length of their working abroad and the year of return from abroad.
By the Census of Dwellings defined in the article 2, paragraph 2, of this Law, the following data, besides addresses, shall also be collected:
1) name and surname of a person who is, according to the person who submits data, the reference person, members of a household and other persons who are dwelling with a household at the moment of the Census; kinship or other relationships of particular members of a household towards the reference person; affiliation to the family nucleus within a household; legal or other basis of ownership; name and surname of owner or co-owner of a dwelling, i.e. tenant with controlled rent; total and agricultural surface area of the land available, basic data on livestock, poultry and beehives, with the situation as per 31 March 2001; agricultural production by types of cultivated agricultural products in the period from 31 March 2000 until 31 March 2001,
2) concerning collective (institutional) household – name; type and number of members.
By the Census of dwellings and other non-inhabited premises defined in the article 2, subparagraph 3, of this Law the following data shall be collected: type of a housing unit and way of usage; ownership; surface area of a dwelling; number of rooms in a dwelling; surface area of the kitchen; bathroom and toilet in a dwelling; installations in a dwelling (water supply, sewage disposal system, electricity, central heating); way of heating and type of energy; characteristics of a building where a dwelling is situated; position of a dwelling in a building; the year of construction.
Individual data on households that had land and/or livestock at their disposal with the situation as per 31 March 2001 or were engaged in agricultural production in the period from 31 March 2000 until 31 March 2001 (Article 12) shall be exceptionally used for establishing of the Address list of agricultural households for the purposes of carrying out of a separate Agricultural Census that shall be defined by a separate act.
Data that are to be used for the establishing of the Address List defined in the paragraph 1 of this Law are the following:
- name and surname of a reference person of a household,
- total and agricultural surface area of available land,
- agricultural production by types of cultivated agricultural products,
- data on livestock, poultry and beehives.
III ORGANISATION OF THE CENSUS
The organiser of the Census is the Croatian Bureau of Statistics and the executors are the bodies defined by this Law.
The Census shall be carried out according to the Methodology for the Preparation, Organisation and Execution of the Census (thereinafter: Methodology).
The Methodology mentioned in the paragraph 2 of this article defines the preparation, organisation, execution, contents and enumeration units, definitions and classifications.
The Post Enumeration Survey mentioned in the article 1, paragraph 3, of this Law shall be carried out according to the Methodology for the coverage and quality control of data collected by the Census.
The director of the Croatian Bureau of Statistics issues the methodologies defined in the article 15, paragraph 2 and 4, of this Law, and, in line with this Law, defines the contents and design of the basic Census questionnaires as defined in the article 6, paragraph 1, of this Law as well as accompanying Census forms and the publishing programme of the Census results.
In order to ensure the correct implementation of the Methodology, the director of the Croatian Bureau of Statistics shall appoint:
- co-ordinators, who are engaged in the work of county commissions, i.e. the Commission of the City of Zagreb,
- instructors, who are engaged in the work of branch offices of commissions in towns,
- controllers, who operate in enumeration centres, on the proposal of the Commission and by the consent of a co-ordinator competent for the area of a particular county.
The Croatian Bureau of Statistics:
1. informs people about the aim, significance and contents of the Census, on time and in detail;
2. provides guidelines for participants of the Census (commissions, co-ordinators, instructors, controllers and enumerators) and supervises their uniform implementation,
3. appoints co-ordinators, instructors and controllers for the counties and the City of Zagreb,
4. organises and supervises the professional and methodological training of the commission members and instructors,
5. provides a professional and methodological support to the commissions in the preparation and execution of the Census,
6. organises printing and dissemination of the basic and accompanying Census forms, guidelines and scheduled equipment, as well as specimens of the basic Census questionnaires in the language and script of national minorities,
7. receives the filled in questionnaires after the enumeration,
8. controls and carries out the manual and machine preparation of the Census material intended for processing,
9. decides on the technology of entering and processing of data on electronic media,
10. processes data collected by the Census and publishes first and final Census results.
The Ministry of Foreign Affairs carries out the enumerates:
1. citizens of the Republic of Croatia working abroad in diplomatic and other bodies of the Republic of Croatia and international organisations together with the members of their families temporarily residing with them abroad,
2. citizens of the Republic of Croatia with the permanent residence in the Republic of Croatia who are working abroad together with the members of their families temporarily residing with them abroad.
The Ministry of the Interior carries out the enumerates:
1. persons who reside in police departments and other facilities that are the property of the Ministry of the Interior,
2. attendants of educational institutions situated within the facilities of the Ministry of the Interior.
The Ministry of the Defence carries out the enumerates:
1. persons on military service,
2. active military persons, military clerks and military employees who reside in military facilities,
3. attendants of military schools,
4. other persons residing in military facilities.
The Ministry of Justice, Public Administration and Local Self-Government enumerates persons to whom the following penalties are prescribed:
1. prison sentence,
2. juvenile prison sentence,
3. prison sentence defined in an offence procedure,
4. alternative prison sentence,
6. assignment to correctional institution.
The Ministry of Justice, Public Administration and Local Self-Government keeps a register of employees who reside in the accommodation facilities within penal institutions.
The director of the Croatian Bureau of Statistics, with the consent of competent ministers, shall enact the implementing act on how to enumerate persons referred to in the articles 19 – 22 of this Law, as well as on how filled-in questionnaires for these persons are to be delivered.
The ministries referred to in articles 19, 20, 21 and 22 shall establish commissions for the implementation of the Census, which shall operate in line with the implementing act referred to in the paragraph 1 of this article.
The director of the Croatian Bureau of Statistics shall enact the implementing act referred to in the paragraph 1of this article within 30 days from the day this Law comes into force.
For the purposes of preparation, organisation and execution of the Census on the county territory, the county commission, i.e. the Hall of the City of Zagreb, shall establish and appoint Commission members for the Census 2001 (hereinafter: Commission) on the territory of a county, i.e. the City of Zagreb, until 30 September 2000 at the latest.
The president of the Commission is a county head, his deputy is deputy county head and a secretary is, as a rule, a head of a county statistical office.
Members of the Commission are mayors in county towns and representatives of bodies and services in a county, associations etc., whose regular activities contribute to successful execution of the Census.
The president of the Commission for the territory of the City of Zagreb is the mayor, his deputies are vice mayors (one or more of them), and a secretary is a head of the Statistics Department of the Institute of the City of Zagreb for Planning Development and Environmental Protection.
Members of Commission for the City of Zagreb are representatives of bodies and organisations of the City of Zagreb.
The County Commission shall establish its branch offices for the immediate execution of the Census in towns and neighbouring municipalities with the consent of the Croatian Bureau of Statistics.
The president of a branch office shall be the mayor who may have one or more deputies. Members of the branch office are mayors and heads of towns and neighbouring municipalities as well as representatives of bodies and competent organisations in the branch office’s area.
One or more enumeration centres shall be established in a town, managed by deputies of the president of the branch office.
One enumeration centre shall be established in a municipality, managed by the county head.
The Commission of the City of Zagreb shall establish its branch offices for the parts of the City of Zagreb in accordance with the Croatian Bureau of Statistics. The Commission of the City of Zagreb shall define presidents and members of branch offices.
Within the parts of the City of Zagreb there shall be established one or more enumeration centres, managed by a deputy of the president of the branch office.
The branch office of the Commission shall conduct the Census under the direct supervision of the Commission in accordance with the Methodology of the Croatian Bureau of Statistics (Article 15).
The Commission of a county, i.e. of the City of Zagreb shall:
1. appoint members of branch offices,
2. determine the number of enumeration centres in towns and municipalities, i.e. the parts of the City of Zagreb, and appoint the heads and members of the centres,
3. submit a proposal for appointing of the necessary number of controllers for towns, municipalities and the parts of the City of Zagreb to the director of the Croatian Bureau of Statistics,
4. appoint an adequate number of enumerators for towns, municipalities, the parts of the City of Zagreb, provide them with the Authorisation for the Census and define compensation for their work,
5. organise and ensure timely informing of public on the Census,
6. supervise the work of competent persons in the Census and take care of correct applying of the Methodology through its branch offices, and in the case of infringement, it shall revoke the issued Authorisation and exclude the person from the work on the Census,
7. in the branch offices, provide premises for the training of participants in the Census, for the work of the branch offices and storage of Census questionnaires and other Census equipment,
8. on its meetings, keep considering the work under preparation and in the execution of the Census and undertake adequate activities to solve problems,
9. organise the work of enumeration centres directly or through the branch offices situated in its area and control the development of the Census,
10. organise the control of the Census materials taken over from enumerators, their keeping in the enumeration centres and branch offices,
11. organise and provides for the compilation of the First results of the Census for its area according to the prescribed Methodology and deliver them to the Croatian Bureau of Statistics by 30 April 2001,
12. uses financial means for the Census exclusively for its specific purpose and, after the Census is finished, produce the Statement of accounts in line with the Instructions of the Croatian Bureau of Statistics,
13. conduct other operations concerning the Census.
The branch office of the Commission shall:
1. propose to the Commission the members of the enumeration centres in town and municipalities and in the parts of the City of Zagreb,
2. propose to the Commission the controllers and enumerators for towns and municipalities and for the parts of the City of Zagreb,
3. inform the public about the Census,
4. take over the enumeration questionnaires and other equipment from the Croatian Bureau of Statistics and allot them in the enumeration centres in its area,
5. organise the training of controllers and enumerators for its area,
6. supervise the work of the enumeration centres, controllers and enumerators as well as the correct application of the Methodology, and, in the case of infringement, propose to the Commission the revocation of the Authorisation to that person,
7. supervise the control of the Census materials received from enumerators in the enumeration centres, provide for the control of the Census materials after their receipt from the enumeration centres, and, if necessary, return them to enumerators for supplement and correction,
8. provide for the compilation of the First results for its area and deliver them to the county commission by 27 April 2001,
9. conduct other operations concerning the Census.
For parts of towns and municipalities, i.e. for the parts of the City of Zagreb, the Commission shall establish an enumeration centre.
Activities conducted in enumeration centres are as follows:
1. training of enumerators,
2. receipt of enumeration questionnaires and equipment from branch offices,
3. allotment of the enumeration area, questionnaires and equipment to enumerators,
4. meetings of controllers and enumerators,
5. being on duty for enumeration in accordance to the Paragraph 2, Article 7, of this Law,
6. controlling of the Census materials and delivering it to the branch office,
7. compiling of the First results for the enumeration centre area,
8. conducting of other operations concerning the Census.
Statistical offices in counties and the Statistical Department of the Institute of the City of Zagreb for Planning Development and Environmental Protection take part in preparation, organisation and conduction of the Census, carrying out the work assigned to them by the Croatian Bureau of Statistics.
All participants in the Census: enumerators, members of enumeration centres, commissions and their branch offices, controllers, instructors and co-ordinators must learn the appropriate part of the Methodology during the training, whose duration and contents shall be determined by the Croatian Bureau of Statistics.
The technical documentation for the Census, consisting of plans of statistical and enumeration districts, forms PK – Data on the enumeration district and review maps shall be prepared by the State Geodetic Directorate through its cadastral branch offices and cadastral management body of the City of Zagreb.
The technical documentation from the Paragraph 1 of this Article shall be prepared for land units mentioned in the Article 10 of this Law according to the situation as per 31 December 2000.
The technical documentation from the Paragraph 1 of this Article shall be prepared in accordance with special instructions.
Instructions from the Paragraph 3 of this Article shall be drawn by the director of the State Geodetic Directorate with the consent of the director of the Croatian Bureau of Statistics within 30 days from coming into force of this Law.
The State Geodetic Directorate shall be obliged, through its branch offices, to submit the plans of statistical and enumeration districts and forms PK – Data on the enumeration district from the Article 31 of this Law to the county commissions by 1 March 2001.
The State Geodetic Directorate shall be obliged to submit review maps from the Article 31 of this Law to the Croatian Bureau of Statistics by 15 January 2001.
The Croatian Bureau of Statistics shall release the First results of the Census by 30 May 2001, and the Final results according to the Publishing Programme of the Croatian Bureau of Statistics.
The Croatian Bureau of Statistics shall submit to the Croatian National Parliament reports on the work done and the costs spent in the previous year on the Census by 30 June of the current year, while the final financial report and statement of accounts shall be submitted by 30 June 2003.
IV FINANCING OF THE CENSUS
Funds for preparations, organisation and conducting of the Census as well as for processing and publishing of data shall be covered by the State Budget for the years 2000, 2001 and 2002.
Funds needed for the Census shall amount to 192.000.000,00 Kuna.
Funds defined in the Paragraph 1 of this Article shall be allocated as follows:
For the year 2000 11.600.000,00 Kuna
For the year 2001 178.950.000,00 Kuna
For the year 2002 1.450.000,00 Kuna
With the consent of the Minister of the Finance, unexpended funds from the Article 36 of this Law planned for a particular year may be used in the next year strictly for the same purpose of the Census.
A rticle 38
The funds for the organisation and conducting of the Census defined in the Article 36 of this Law amounting 127.269.966,00 Kuna shall be allocated by the director of the Croatian Bureau of Statistics according to the share of estimated number of enumeration units of a particular county and the City of Zagreb in the total number of estimated enumeration units.
The funds from the Paragraph 1 of this Article shall be submitted to the Commission defined in the Article 24 of this Law in the amount of 75% according to the estimated number of units by the completion of the Census.
The rest of 25% of funds from the Paragraph 1 of this Article shall be used for the correction of the received funds according to the number of units actually defined on the basis of the First results of the Census.
Funds based on the final statement of accounts shall be submitted to the Commission by 1 June 2001.
Funds from the Article 24 of this Law must be used for the intended purpose and rationally.
The Commission from the Article 24 of this Law shall submit a report on expended funds to the director of the Croatian Bureau of Statistics by 30 September 2001.
V PENALTY PROVISIONS
A penalty amounted from 2.000,00 to 10.000,00 Kuna shall be charged for the following infringements:
1. to a person who either refuses to give information required from him by an enumerator or another person authorised for the Census, or if he gives false or invalid information;
2. to a person who fails to respond to a written Notice from an enumerator, according to the Article 7, Paragraph 2, of this Law.
The provision from the Paragraph 1 of this Article shall not refer to persons who refuse to give information on national or religious affiliation in accordance with the provision defined in the Article 5, Paragraph 2, of this Law.
A penalty amounted from 2.000,00 to 10.000,00 Kuna shall be charged for the following infringements:
1. An enumerator or another person authorised for the Census who puts the information into the Questionnaire that differs from the statement given by a person comprised by the Census;
2. enumerators and other persons included in the Census who fail to follow the provisions on keeping and protection of information defined in the Article 8 of this Law.
A penalty amounted from 2.000,00 to 10.000,00 Kuna shall be charged for the following infringements:
1. a person who publishes individual data obtained from persons specified in the Article 8 of this Law,
2. a person who fails to behave in line with the decree defined in the Article 43 of this Law.
VI FINAL PROVISIONS
Destruction of the prescribed enumeration materials shall be done after entering of the Census data onto the computer media, completed controls, i.e. the basic stage of the Census processing and separating of one part of the Census materials to be filed in the Croatian State Archives based on the decree of the director of the Croatian Bureau of Statistics.
The director of the Croatian Bureau of Statistics shall pass the decree from the Paragraph 1 of this Article within 6 months from the day this Law has become effective.
This Law shall enter into force on the eighth day from the day of publication in “Narodne novine” (official gazette of the Republic of Croatia).
Zagreb, 27 June 2000
HOUSE OF REPRESENTATIVES
OF THE CROATIAN NATIONAL PARLIAMENT
of the House of Representatives
of the Croatian National Parliament