CHAPTER 1

GENERAL CLAUSES

 

ARTICLE 1

This Law aims at the declaration and the protection of the cultural heritage within the territory of the Republic of Albania.

 

ARTICLE 2

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.

 

ARTICLE 3

For the purposes  of this Law, the definitions used have the following mean:

  1. “Architectural Ensemble”  is the whole of a set of buildings, having the same creative concept;
  2. “Historical Ensemble” is the community of urban-architectonic values  provided with its historical ones as well;
  3. “Museums Ensemble”  is the whole of the urban-architectonic values protected by the state;
  4. “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 area.
  5. “Urban, Architectonic and Traditional Ensemble” is the urban – architectonic whole of a residential center, formulated  according the composition criteria of the past.
  6. “Traditional Architecture” means the architecture of the past having relatively wide coherent implementation.
  7. “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;
  8. “Oral folklore”  is the folk creation text, not followed up by the music, which is read or told.
  9. “Instrumental Folklore” is the popular musical creation being interpreted by popular musical instruments;
  10. “Choreographic  Folklore”  means the dances and the creations , which are performed with or without musical instruments;
  11. “Vocal Folklore”  include the musical compositions either sung or interpreted  both provided with text and music;
  12. “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.
  13. “Inventory” means the record and the identification of the cultural heritage objects;
  14. “Informatics cataloging”  deals with the record of data according to the scientific standards  set on the identification and  quick administration  of the cultural property;
  15. “Protection” is the mean and way of legal aspect or not of the preservation, ,maintenance,  restructuring or conservation of the  cultural heritage;
  16. “Cultural monument” is the object or the construction of cultural and historical values protected by the state;
  17. “Object under preliminary protection” includes the cultural and tangible property, expected to be declared cultural monument by the responsible body.
  18. “Object under supervision” is the cultural property not yet declared cultural monument, to be included as property under state protection.
  19. “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;
  20. “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.
  21. “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.
  22. “The Archaeological center” is the area space where there are preserved monuments and archaeological objects  on and under the ground.
  23. “Historical center” is the urban or rural ensemble of historical and cultural values under state protection;
  24. “Museum town” is the urban center  is the urban center being protected by the state for its historical  and cultural values.
  25. “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.
  26. “The status of the object” implies the legal status of the object;
  27. “Heritage of national values” is the cultural, tangible or intangible property having historical and cultural values for the Nation;
  28. “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;
  29. “Heritage of particular values”  is the cultural, tangible and intangible  property of noticeable values..
  30. “Heritage of unique values” comprises the cultural, tangible or intangible property, unique in its kind;
  31. “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;
  32. “Ethnological value” include the values of culture, tangible or intangible,, which  are linked to the essential features of a Nation.
  33. “Traditional craft”  is the tangible part and the concentrated experience of our popular handicrafts’ masters through centuries.
  34. “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;

ARTICLE   4

The cultural heritage is composed of tangible and intangible values, which are part of the national property.

I.   The tangible values of the cultural heritage are as follows:

  1. Objects of immovable cultural heritage , where there are included:
  2. Objects of movable cultural heritage, where there included:

II.  The intangible values of the cultural heritage are as follows:

  1. The use of the Albanian language in the literary works;
  2. The memory recall verbal ( wordy) folklore, written or recorded;
  3. Vocal, choreographic or instrumental folklore;
  4. Customs and traditional habits ( morals);
  5. Beliefs and traditional dependences;
  6. Various traditional crafts;

 

ARTICLE  5

  1. The tangible and intangible values of the cultural heritage, which are presently excavated or created, despite their proprietorship, are protected by the state.
  2. The Minister of Culture, Youth and Sports declares the National day of the Cultural Heritage.

 

ARTICLE  6

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.

 

ARTICLE  7

  1. 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.
  2. These 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.
  3. Whatever  some change into the proprietorship of the objects should be registered in the National Center of the Cultural Property Inventory.   

 

ARTICLE   8

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 this Law.

 

ARTICLE  9

  1. 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.
  2. The 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.
  3. 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.
  4. 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.
  5. 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.

 

ARTICLE  10

  1. 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.
  2. The displacement is carried out  after the above mentioned institutions have completed the respective documentation and searches and after they have realized the recording of the displacement in the National center of the Cultural Property Inventory.

 

ARTICLE  11

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.

 

ARTICLE  12

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.

 

ARTICLE  13

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.

 

ARTICLE  14

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.

 

ARTICLE  15

  1. 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.
  2. 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.

 

ARTICLE  16

  1. 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.
  2. 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.

 

ARTICLE  17

  1. The 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.
  2. The 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.
  3. 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 are defined  in its rules being approved by the Minister of Culture, Youth and Sports.
  4. The license to practice the job in this field is approved by the Minister of Culture, Youth and Sports.
  5. The 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.
  6. Whatever the case, the restoration projects should be approved by the National Council of Restoration.

 

ARTICLE  18

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.