This Law aims at the declaration and the protection of the cultural heritage
within the territory of the Republic of Albania.
The object of this law
comprises the values of the cultural heritage, the prevision of the rules
on its protection and the duties and responsibilities
of the bodies operating in this field.
For the purposes of this
Law, the definitions used have the following mean:
- “Architectural Ensemble” is
the whole of a set of buildings, having the same creative concept;
- “Historical Ensemble” is the community of urban-architectonic
values provided with its historical ones as well;
- “Museums Ensemble” is
the whole of the urban-architectonic values protected by the state;
- “Urban Ensemble” is the community of urban – architectonic having
a civil center, which might be set up by one or several parts of a residential
- “Urban, Architectonic and Traditional Ensemble” is
the urban – architectonic whole of a residential center, formulated according
the composition criteria of the past.
- “Traditional Architecture” means
the architecture of the past having relatively wide coherent implementation.
- “Damage” is
the intervention to the detriment of the cultural treasure, tangible or intangible
infringing on the function or
the original frontage of these properties;
- “Oral folklore” is
the folk creation text, not followed up by the music, which is read or told.
- “Instrumental Folklore” is
the popular musical creation being interpreted by popular musical instruments;
- “Choreographic Folklore” means
the dances and the creations , which are performed with or without musical
- “Vocal Folklore” include the musical compositions either sung or interpreted both
provided with text and music;
- “Specialized state institutions” comprise
the Institute of Cultural Monuments, the Institute of Archaeology, the
Institute of Folk Culture, The General Directorate
of State Archives, The National center of Cultural Folk Activities.
- “Inventory” means the
record and the identification of the cultural heritage objects;
- “Informatics cataloging” deals with the record of data according to the
scientific standards set on the identification and quick administration of
the cultural property;
- “Protection” is the mean and way of legal aspect or not of the preservation,
,maintenance, restructuring or conservation of the cultural heritage;
- “Cultural monument” is
the object or the construction of cultural and historical values protected
by the state;
- “Object under preliminary protection” includes
the cultural and tangible property, expected to be declared cultural monument
by the responsible body.
- “Object under supervision” is
the cultural property not yet declared cultural monument, to be included
as property under state protection.
- “Unique object” is
the architectonic work in general use or of artistic or ornamental features,
which up to a given moment, are identified as the only
cultural and tangible heritage;
- “Archaeological Park” is the area space of environmental values where
there are preserved construction ruins, discovered by the archaeological excavations
being protected by the state.
- “Object’s passport” is the identifying filing card of a cultural heritage
object, where are put the object’s photo, films, sketches, placing, measures,
weight, composition, the computerized code, the author, the preservation place,
description and the history.
- “The Archaeological center” is the area space where there are preserved
monuments and archaeological objects on and under the ground.
- “Historical center” is
the urban or rural ensemble of historical and cultural values under state
- “Museum town” is the urban center is the urban center being protected
by the state for its historical and cultural values.
- “Restoration” is the evaluation of the original substance of the monuments
through intervention for the prevention of further degradation and for putting
into prominence of their values.
- “The status of the object” implies
the legal status of the object;
- “Heritage of national values” is
the cultural, tangible or intangible property having historical and cultural
values for the Nation;
- “Heritage of museum values” comprises the cultural and tangible property,
which for its historical, cultural or artistic values deserves to be preserved in
the museum of various profiles;
- “Heritage of particular values” is the cultural, tangible and intangible property
of noticeable values..
- “Heritage of unique values” comprises
the cultural, tangible or intangible property, unique in its kind;
- “Archaeological value” include the monuments, historical settlements of
various kinds, objects or parts of construction works or settlements, coming
out by archaeological excavations, bearing historical and cultural values;
- “Ethnological value” include the values of culture, tangible or intangible,,
which are linked to the essential features of a Nation.
- “Traditional craft” is the tangible part and the concentrated experience
of our popular handicrafts’ masters through centuries.
- “Archaeological area” is the surface area over which are situated the
monuments being discovered by the archaeological excavations or where it is
identified the existence of stratums bearing archaeological compositions;
The cultural heritage is composed of tangible and intangible values, which
are part of the national property.
tangible values of the cultural heritage are as follows:
of immovable cultural heritage , where there are included:
- a) centers, zones and regions, dwelling or non-dwelling,
of archaeological historical, ethnological, architectonic and engineering value.
Here are included also objects of such characteristic being of ruin situation,
of over 100 years old.
- b) Urban, architectonic and historical ensemble
, buildings or building constructions of particular values; As such are the
this kind in ruin status, of over 100 years old;
of movable cultural heritage, where there included:
- a) Objects, parts or elements of objects, as described
in letter “b” of point 1 of this Article, such as mosaics, capitols, sculptures,
columns, mural pictures, icons, iconostate, characteristic ceilings, epitaphs,
tombs, of 100 years old.
- b) Archaeological
movable stuffs, coming out from archaeological excavations, are collected
by the archaeological searches or they come as occasional
findings or which are preserved in collections or other various funds;
- c) The artistic creations of all kinds and types. Here there
are excluded the creations of the living authors;
- d) Archive
documents of national historical importance.
- e) Manuscripts
and publications, books and periodicals of particular historical and bibliographical
- f) Various philatelic,
numismatics art collections, of a seniority over 25 years old.
- g) Traditional
working, handcrafts and living tools. The mechanisms, machineries or the
objects f everyday or ceremonial use, of artisan,
ethnographic or historical values, objects produced in artisan way, of an old
age of over 50 years and also fabricated objects of a seniority over 75 years
- h) Producing
technology of traditional products;
- i) Cold
steel and fire arms, both handicrafts and fabricated productions of the beginning
of II World War;
- j) Individual
objects of historical distinguished personalities.
- k) The objects included into the properties’ inventory,
declared under preservation or protection, of the museum network and of the
art galleries and state institutions of the country up to the year 1991.
values of the cultural heritage are as follows:
use of the Albanian language in the literary works;
memory recall verbal ( wordy) folklore, written or recorded;
choreographic or instrumental folklore;
and traditional habits ( morals);
and traditional dependences;
tangible and intangible values of the cultural heritage, which are presently
excavated or created, despite their proprietorship,
are protected by the state.
Minister of Culture, Youth and Sports declares the National day of the
The Ministry of
Culture, Youth and Sports, the Academy of Sciences, the General Directorate
of State Archives, the Universities as well as the
local governing bodies, in accordance to their own respective fields of investigations,
carry out the searches, the protection, the preservation, the restoration,
the treatment, the study, the inventory and the informatics filing of the
cultural heritage objects.
- The Institute
of the Cultural Monuments, the National Centre of the Cultural Properties’ Inventory, the Institute of Archaeology,
the Institute of Folk Culture and the General Directorate of the State Archives,
in pursue to the scientific criteria, ascertain the values of the tangible
and intangible cultural heritage, as such already declared, which are property
of any physical or legal person, and make up their certification.
objects, , must be obligatorily recorded in the National Center of the
Cultural Property Inventory, which issues the
certification passport of the object based on the above mention data.
- Whatever some change into the proprietorship of
the objects should be registered in the National Center of the Cultural Property
Each physical or legal
person is binding to preserve the whole of values of the cultural heritage
and of the history which he/she owns or gets n use,
following the criteria set by this Law or by-law acts issued in appliance to
- The objects
of the cultural heritage of particular national and unique values, which
are not state property, might be collected,
sold, bought, come into heir or gifted between Albanian citizens living within
the territory of the country.
Albanian state enjoys the right of pre-purchasing of the objects of particular
national and unique values of the cultural heritage
being under private proprietorship.
- Any individual
proprietor wishing to sell an object of the cultural heritage is asked
to present in the Ministry of Culture, Youth
and Sports the object’ s passport. The Ministry of Culture, Youth and Sports,
aster consultations with the specialized bodies of the respective field, replies
to the object’s owner within 3o days after the submission of the request.
In case the Ministry of Culture, youth and Sports is interested to buy this
said object, it begins the evaluation procedures. Otherwise, the owner has
the right to carry out the selling by attaching to the object’s documentation
the written recommendation of the institution which has ascertain the evaluation.
- For the evaluation
of the immovable cultural heritage objects, in private ownership, which
are taken out of the territory of the
Republic of Albania, it is set up Standing Commission composed of experts
coming from scientific specialized institutions, which upon the completion
of the of
objects’ ascertain, recommends to the Ministry of Culture, Youth and Sports
the delivery or not of the permission to export these objects out of the territory
of the country.
- The functioning
of the Commission, the evaluation’ s
procedures and the scientific criteria, the selection of the members and their
honorarium are set by the Decision of the Council of Ministers.
- The displacement
of the cultural heritage values to better preserve their values into proper
premises as far as the security
and the microclimate is concerned, and in accordance to the object’s features,
is performed by the Institute of the Cultural Monuments, the Institute of Archaeology,
the Institute of the Folk Culture or the General Directorate of the State Archives.
- The displacement
is carried out after
the above mentioned institutions have completed the respective documentation
and after they have realized the recording of the displacement in the National
center of the Cultural Property Inventory.
The multiplying or the
reproduction of the certified objects of the cultural heritage must be done in accordance with the provisions of the legislation
in force “ On the copyright” and after getting the permission from the National
Center of the Cultural Properties’ Inventory.
The objects of
the cultural heritage n private ownership, having special national and unique
values, in case of public interest, may be expropriated
on the basis of legal provisions in power related to the expropriation.
The physical or
legal persons having in their ownership recorded
objects of cultural heritage values, movable or immovable, are obliged to keep
them under good conditions. For reasons of restorations, they must apply to
the Institute of the Monuments, Institute of Archaeology, the Institute of
Folk Culture or to the licensed subjects, following article 17, point 3.
In cases of natural
calamities, of the demolition or combustion of the cultural heritage valued
objects, when it is not decided upon its reconstruction
over the remaining location or the ruined property, the construction is allowed
only over the previous land surface and volume being strict to the category
and the type of the damaged monument.
- The Institute
of the Cultural Monuments, the Institute of Archaeology, the Institute
of Folk Culture or the General Directorate of
State Archives, on the authorization of the owner or in his presence have
the right to examine the physical condition of the object or of the objects
under private ownership.
- The proprietors
of each object, following the request made by the above mentioned institutions, are obliged to allow the examination
of the physical condition of the objects.
- The specialized
governmental institutions, in agreement with the owners and possessors
of the cultural heritage objects,
create the premises to exhibit these objects to the public.
- The photographing,
the shooting or the computerized filing and the publication of the cultural
heritage objects, being exhibited
into local museums, will be made after getting the permission from the governmental
institution which this museum is dependent upon. For such objects, exhibited
in the national museums, the permission must be approved by the Minister of
Culture, Youth and Sports.
restoration of the cultural heritage objects is performed by the specialized
governmental bodies and by the physical or
legal persons being provided with the proper license.
physical or legal persons, applicant to get the license in exercising
the restoration profession in the field of cultural
heritage, are assayed by the national Council of Restorations.
- The National
Council of Restoration is set up upon the commitment of the Minister of
Culture, Youth and Sports, and it is composed
of representatives from the specialized institutions and personalities
of the respective field. The setting - up and the functioning of this Council
defined in its rules being approved by the Minister of Culture, Youth and
license to practice the job in this field is approved by the Minister
of Culture, Youth and Sports.
works of restoration, which are accomplished by out-of-governmental system
institutions, charged with the protection, conservation,
restoration and surveys, are mandatory supervised by the governmental institutions.
the case, the restoration projects should be approved by the National Council
The fund for the maintenance,
restoration, finding out and the searching of the cultural heritage values
comes from the state budget, being allocated
to the Ministry of Culture, Youth and Sports; from revenues coming from their
usage and from any other legal source being donated by various foundations,
organisms or institutions, both domestic or foreign, governmental or private,
or even donations by physical or legal persons.
The fund acquired by the
utilization of the cultural monuments are totally used to the benefits of
monuments’ restoration and maintenance.