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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

25 October 2007 [shall come into force from 21 November 2007];
11 December 2008 [shall come into force from 31 December 2008];
1 December 2009 [shall come into force from 1 January 2010];
8 June 2017 [shall come into force from 1 January 2018].

If a whole or part of a section has been amended, the date of the amending law appears in square brackets at the end of the section. If a whole section, paragraph or clause has been deleted, the date of the deletion appears in square brackets beside the deleted section, paragraph or clause.

The Saeima1 has adopted and
the President has proclaimed the following Law:

Law on Museums

Section 1. Terms Used in this Law

The following terms are used in this Law:

1) museum object - an object which after research and treatment has been recognised an object with cultural and historical significance and is in the museum collections;

2) museum-related object - an object which conforms to the requirements of a museum object according to the cultural and historical significance thereof, but which is not included in the museum collections;

3) museum collections - a historically developed, scientifically justified aggregate of museum objects consisting of core collections, auxiliary collections and exchange collections;

4) museum collection - an aggregate of museum objects which are bound by one characteristics or several characteristics and the historic, scientific or artistic value of which is an inseparable entirety;

5) public museum - an accredited State, local government or autonomous museum;

6) State museum - a public agency (institution) established by the Cabinet or a unit of such public agency (institution) in possession of which the museum collections are transferred and which fulfils the functions specified in this Law;

7) local government museum - a public agency (institution) established by a local government or a unit of such public agency (institution) in possession of which the museum collections are transferred and which fulfils the functions specified in this Law;

8) autonomous museum:

a) a public agency (institution) established by a derived legal person governed by public law (except a local government) or a unit of such public agency (institution) in possession of which the museum collections are transferred and which fulfils the functions specified in this Law;

b) a State or local government capital company or another legal person governed by private law, the participant or founder of which is a legal person governed by public law if it owns (possess) the museum collections and fulfils the functions specified in this Law;

9) private museum - an association (foundation) registered in the register of associations or foundations or a commercial company (business partnership, merchant) registered in the Commercial Register, as well as a unit thereof, which is the owner (possessor) of the museum collections and fulfils the functions specified in this Law.

Section 2. Purpose and Operation of this Law

(1) The purpose of this Law is to specify public relations in the field of museums in order to ensure the operation of museums and to promote the preservation of the cultural heritage of Latvia and the development possibilities of museums.

(2) This Law shall be applicable to public museums, as well as accredited private museums (hereinafter - museums).

Section 3. Competence of the Ministry of Culture in the Field of Museums

(1) The Ministry of Culture shall:

1) develop a national strategy and implement national policy in the field of museums;

2) co-ordinate international co-operation projects of State museums, as well as inform other museums regarding opportunities of international co-operation;

3) divide resources provided for in the State budget to the accredited museums for implementation of cultural and historical, fine art and other projects and programmes;

4) establish a Latvian Council of Museums and approve the by-law thereof;

5) [8 June 2017];

6) assess the conformity of a museum to the status of cultural institution of national significance;

7) grant, refuse, or cancel the status of a regional museum to a museum.

(2) The Minister for Culture, with the intermediation of the Ministry of Culture, shall implement the functional supervision in public museums.

[1 December 2009; 8 June 2017]

Section 4. State Authority of Museums

[1 December 2009]

Section 5. Latvian Council of Museums and Composition Thereof

(1) The Latvian Council of Museums (hereinafter - the Council of Museums) is a consultative institution established in order to promote the co-operation of institutions and taking of decisions on issues which are related to the national strategy in the field of museums, as well as to the operation of museums and the establishment and conservation of the National Museum Holdings (hereinafter - the National Holdings).

(2) The Council of Museums shall consist of 16 members: eight delegated representatives of accredited museums of the Riga planning region - employees of museums, four delegated representatives of accredited museums of the Kurzeme, Latgale, Vidzeme, and Zemgale planning region (one of each region) - employees of museums, one representative delegated by the Latvian Association of Local and Regional Governments, one representative delegated by non-governmental organisations related to the professional activities of museums of Latvia, one representative delegated by the manager of the information system of the joint catalogue of the National Museum Holdings, and the Minister for Culture or his or her delegated representative.

[11 December 2008; 8 June 2017]

Section 6. Competence of the Council of Museums

The Council of Museums shall:

1) promote the development and co-operation of public and private museums;

2) provide the ministries and local governments with opinions regarding sections of draft State budget and local government budgets, which are related to the financing of museums, as well as regarding other issues related to the operation of museums;

3) provide consultations regarding the founding, reorganisation or liquidation of State and local government museums;

4) provide the Ministry of Culture with opinions on the conformity of museums with the accreditation requirements;

5) provide the Ministry of Culture with opinions on the withdrawal of museum objects from the National Holdings;

6) provide the Ministry of Culture with opinions on the establishment and conservation of the National Holdings;

7) submit proposals regarding candidates to positions of museum directors to the ministries and local governments;

8) submit proposals to the Ministry of Culture for the preparation of museum specialists (personnel) and improvement of their qualification;

9) submit an opinion to the Ministry of Culture on the conformity of a museum with the status of a cultural institution of national or regional significance;

10) provide the manager of the information system of the joint catalogue of the National Museum Holdings with opinions on and suggestions for the development and expansion of the system.

[1 December 2009; 8 June 2017]

Section 7. Concept, Core Functions, and Mission of a Museum

(1) A museum is a permanent institution which is accessible to the public and serves the society and its development and which acquires, stores, conserves, researches, communicates, and exhibits the tangible and intangible heritage of humanity and the environment in order to promote research, education of the public, and to provide emotional pleasure to the public, and the activities of which in implementation of the functions of a museum are not orientated towards earning profit.

(2) A museum shall have the following core functions:

1) acquisition, documentation, conservation of and provision of access to the museum collections;

2) research of the museum collections and of the information related thereto;

3) education of the public through the use of permanent and temporary exhibitions and educational programmes, as well as other types of communication related to the operation of the museum.

(3) The core functions of a museum shall be implemented according to its mission - the general objective of the operation of the museum which includes justification of the necessity of the museum and information regarding its profile or specialisation which is determined by the relation of the museum collections to a certain field of science or field of activity, as well as the time range, territory, and target audience encompassed by the operation of the museum.

[8 June 2017]

Section 8. Procedures for Foundation, Reorganisation and Liquidation of Public Museums

(1) State museums and branches thereof shall be founded, reorganised and liquidated by the Cabinet upon the proposal of the Ministry of Culture or another ministry, in consulting with the Council of Museums.

(2) Local government museums and their branches shall be founded, reorganised, and liquidated by the respective local government in consultation with the Council of Museums.

(3) Autonomous museums and branches thereof, which are a public agency (institution) established by a derived legal person governed by public law (except local governments) or a unit of such public agency (institution), shall be founded, reorganised and liquidated by the owner.

(4) In cases of reorganisation and liquidation of museums referred to in Paragraphs one, two and three of this Section a museum has a duty to consult with the Council of Museums in issues related to subsequent actions involving objects of the respective museum, which are included in the National Holdings.

(5) If an accredited private museum or an accredited autonomous museum that is a State or local government capital company or another legal person governed by private law, participant or founder of which is a legal person governed by public law, and the museum has received State budget resources, is being liquidated, State museums and local government museums have the pre-emptive rights in acquisition of the objects of the museum liquidated.

[11 December 2008]

Section 9. Accreditation and Registration of Museums

(1) A State museum, a local government museum, and the museum referred to in Section 1, Clause 8, Sub-clause "a" of this Law have an obligation to receive accreditation not sooner than three and not later than five years after founding thereof. The museum referred to in Section 1, Clause 8, Sub-clause "b" of this Law and a private museum have a right to apply for accreditation if the museum has been operating for at least three years after founding thereof. The Cabinet shall determine the procedures for the accreditation of museums.

(2) A museum shall obtain the status of an accredited museum if it corresponds to the following accreditation requirements:

1) there is a by-law, statutes, regulations or a contract of the museum approved by the founder;

2) the museum performs all the core functions specified in Section 7, Paragraph two of this Law;

3) an inventory of the museum collections has been performed;

4) there are premises, equipment and security systems guaranteeing the conservation of the museum collections;

5) public access is ensured for permanent and temporary exhibitions, as well as for a non-exhibited part of the collections which corresponds to the mission of the museum;

6) a strategy for the operation and development of the museum has been drawn up.

(3) The compliance of the museum with the accreditation requirements shall be assessed by the Ministry of Culture by analysing the annual progress reports of the museum and performing inspections at the museum. Accreditation to the museum shall be refused or the status of an accredited museum shall be removed if the museum does not conform to the accreditation requirements.

(4) A decision on accreditation of a museum, on refusal of accreditation, or removal of the status of an accredited museum shall be taken by the Ministry of Culture based on a report drawn up by the museum accreditation committee and an opinion of the Council of Museums.

(5) A decision on accreditation of a museum or on refusal of accreditation shall be taken within six months after the day when an application for accreditation of the museum has been registered with the Ministry of Culture. A decision on removal of the status of an accredited museum shall be taken within six months after the day when a report of the accreditation committee has been received by the Ministry of Culture.

(6) If a museum which has a duty to accredit is not accredited during the accreditation procedure, it may re-apply for accreditation within one year if the shortcomings established during the accreditation procedure have been eliminated. If the museum is not accredited after a repeated application, the founder of the museum shall take a decision on liquidation or reorganisation thereof.

(7) The Ministry of Culture shall establish and maintain a register of museums. All accredited museums, as well as - upon agreement with owners of private museums - private non-accredited museums shall be included in the register of museums. A museum, for inclusion in the register of museums, shall submit a copy of the articles of incorporation thereof, as well as a copy of the document that regulates the operation of the museum (by-laws, statutes, contract, etc.) to the Ministry of Culture. Information regarding granting of accreditation to the museum, refusal of accreditation, or removal of the status of an accredited museum shall be indicated in the register of museums.

[8 June 2017]

Section 10. Rights and Obligations of Museums

(1) A museum has the right:

1) to bring the museum collections or separate objects temporarily out of the State after receipt of a permission of the Ministry of Culture;

2) to provide paid services, carry out publishing and use the obtained resources for the development of operation of the museum, supplementing and conservation of the museum collections, restoration, improvement of professional knowledge of employees, their material stimulation and provision of research work;

3) to implement copyright in relation to the museum collections in possession thereof in accordance with the Copyright Law;

4) to receive funds from the State budget for implementation of cultural and historical, fine arts and other nationally significant projects and programmes;

5) to enter into civil legal transactions in order to promote the conservation, supplementing, research of the museum collections, as well as other transactions, which are necessary for ensuring of operation of the museum;

6) to receive support of the Ministry of Culture regarding methodology;

7) to conduct economic activity, including trade of souvenirs and printing work, if it is necessary for the promotion of the core functions and operation of the museum.

(2) Museums shall have an obligation:

1) to ensure the availability of the museum collections to visitors and researchers;

2) to provide an annual report on operation to the Ministry of Culture and information to the Council of Museums necessary for examination of the issues within the competence thereof;

3) to accredit in conformity with the accreditation requirements and procedures laid down in this Law;

4) to ensure entering, updating, and accessibility of objects of the National Holdings and descriptions of collections in its possession in the information system of the joint catalogue of the National Museum Holdings, ensuring conformity of the entered data with the information of the museum, as well as in conformity with the requirements of the laws and regulations governing the protection of personal data and copyright.

(3) State museums and local government museums may not alienate or withdraw museum objects and collections from the museum collections without the permission of the Ministry of Culture.

(4) The rights and obligations of museums shall be determined in the by-law, statutes, regulations or contract of the respective museum.

(5) A museum may perform scientific activities and register in the register of scientific institutions in accordance with the procedures specified in the Law on Scientific Activity.

[1 December 2009; 8 June 2017]

Section 11. Management of Museums

(1) Directors of State museums, taking into account the proposals of the Council of Museums, shall be hired and dismissed by the minister who supervises the respective State museum.

(2) Directors and managers of local government museums shall be hired by the respective local government, taking into account the proposals of the Council of Museums.

(3) Directors and managers of autonomous museums shall be hired by the founder of the respective museum.

Section 12. National Museum

(1) A national museum shall be such museum:

1) the collections of which territorially, chronologically and thematically comprise the whole State and are the most important and complete in the profile thereof;

2) the research work of which ensures a comprehensive research of the museum collections and researches in scientific disciplines;

3) the permanent and temporary exhibitions of which and other types of communication related to the operation of the museum ensure availability of the museum collections and comprehensive usage thereof for education and development of the society;

4) which performs activities confirming that the museum is the leading institution in the field of museums.

(2) A museum may submit an application for obtaining the status of a museum to the Ministry of Culture, in which conformity thereof to the status of a cultural institution of national significance is justified.

(3) The Cabinet shall take a decision regarding granting of the status of national museum upon the proposal of the Ministry of Culture.

Section 12.1 Regional Museum

(1) An accredited museum is entitled to obtain the status of a regional museum provided that it corresponds to all of the following criteria:

1) its collections territorially, chronologically, or thematically refer to a certain region and in its profile this is the most complete and most significant museum in the relevant region;

2) its research work ensures comprehensive research of the museum collections and research within the framework of the relevant region or topic;

3) its permanent and temporary exhibitions, educational events, and other types of communication related to the operation of the museum ensure availability of the museum collections and their use for education and development of the society;

4) it performs activities that confirm its role as the leading institution in the relevant region or within the relevant topic.

(2) The museum that applies for the status of a regional museum shall submit an application thereon to the Ministry of Culture. The application shall be supplemented with the documents that confirm the conformity of the museum with the criteria referred to in Paragraph one of this Section.

(3) A decision to grant the status of a regional museum, to refuse to grant, or to remove the status shall be taken by the Ministry of Culture after taking the opinion of the Council of Museums into consideration. Granting of the status of a regional museum shall be refused or such status shall be removed if the museum does not conform to any of the criteria referred to in Paragraph one of this Section. A decision to grant the status of a regional museum or to refuse to grant it shall be taken within six months after the day of receipt of the application. Conformity of the operation of the museum with the criteria of a regional museum shall be analysed during the accreditation procedure of the museum. A decision to remove the status of a regional museum shall be taken within six months after the day when a report of the accreditation committee has been received.

[8 June 2017]

Section 13. National Holdings

(1) The National Holdings shall be national treasure, and it shall be under national protection.

(2) The National Holdings shall be formed by:

1) the core collections of accredited State museums and accredited local government museums;

2) the core collections of accredited autonomous museums and accredited private museums (with a consent of the Council of Museums);

3) the museum-related objects of a private collection or individual museum-related objects (upon proposal of the owner and with a consent of the Council of Museums).

(3) Objects and collections of the National Holdings shall be included in a joint catalogue - a data base that includes basic information regarding objects of the museum collections.

(4) Institutions and private persons, who possess or own objects of the National Holdings, shall ensure conservation and possibilities of usage thereof.

(5) The State shall grant budget resources for the maintenance, conservation and restoration of objects and collections of the National Holdings.

(6) The following provisions shall be observed in relation to the objects and collections of the National Holdings:

1) it is prohibited to alienate individual objects or collections included in the National Holdings;

2) in alienating any collection or object included in the National Holdings, first it shall be offered to another accredited museum with the intermediation and permission of the Ministry of Culture;

3) it is prohibited to pledge objects or collections included in the National Holdings, and recovery proceedings may not be applied to them upon the request of a creditor.

(7) An object may be withdrawn from the National Holdings if:

1) the object has significant damage due to which it cannot be restored;

2) the object has been lost or naturally disintegrated;

3) the object has been acquired illegally;

4) the object has lost the museum-related value thereof.

(8) If a museum does not ensure the conservation of a collection or an object included in the National Holdings in accordance with Cabinet regulations regarding the National Holdings which results in significant damage to the collection or the object, a State or local government museum may propose alienation and withdrawal of the object or the collection from the collections of the respective museum with the intermediation of the Ministry of Culture to the owner. State or local government museums have pre-emptive rights for acquisition of the respective object or collection.

(9) The Ministry of Culture shall issue a permit for withdrawal of an object from the National Holdings upon proposal of such museum where the respective object is located or upon proposal of the owner of the object, taking into account the opinion of the Council of Museums.

(10) The Cabinet shall determine the procedures for the establishment, supplementing, registration, conservation of the National Holdings, actions involving objects and collections therein, as well as the procedures by which an object may be alienated and withdrawn from the National Holdings or temporarily brought out of the State.

[25 October 2007; 1 December 2009]

Section 13.1 Information System of the Joint Catalogue of the National Museum Holdings

(1) Descriptions of objects and collections in the National Holdings are included in the information system of the joint catalogue of the National Museum Holdings.

(2) The information system of the joint catalogue of the National Museum Holdings is a State information system which collects descriptions of the objects and collections of the National Holdings and ensures public availability of the information regarding the tangible and intangible heritage of humanity and the environment which is being stored in museum collections.

(3) The information system of the joint catalogue of the National Museum Holdings shall include:

1) data on the objects and collections that are included in the National Holdings;

2) data on the objects that are included in auxiliary collections and exchange collections of museums;

3) e-services provided by the museum.

(4) Institutions and private individuals that are possessors or owners of objects of the National Holdings shall perform data entry, data updating and ensure their availability in the information system of the joint catalogue of the National Museum Holdings and conformity of the entered data with the information which is at the disposal of the relevant institutions and individuals, in conformity with the requirements of protection of personal data and protection of copyright.

(5) The data to be entered in the information system of the joint catalogue of the National Museum Holdings shall be obtained electronically in online data transmission mode.

(6) The data which are accessible to the public and included in the information system of the joint catalogue of the National Museum Holdings, may be used for free in online mode in the portal of the joint catalogue of the National Museum Holdings.

(7) The e-services provided by the museum shall be available online for free or for a charge according to the price list approved by the museum.

(8) The Cabinet shall determine the system manager of the joint catalogue of the National Museum Holdings and obligations thereof, volume of the data to be included in the information system of the joint catalogue of the National Museum Holdings, the procedures for the development and supplementing of the information system of the joint catalogue of the National Museum Holdings, the procedures of processing the data included in this system, user management, user rights and responsibility.

[8 June 2017]

Section 14. Financing of State Museums and Local Government Museums

(1) State museums shall be financed from the State budget, local government museums shall be financed by the respective local government in providing resources for:

1) the maintenance and restoration of the buildings of the museum;

2) rental of premises, payments for public utility services, tax payments and payments for land lease;

3) supplementing (procurement, expeditions), conservation, physical security (security, insurance and fire safety equipment), as well as research and usage of the museum collections;

4) equipment for the maintenance of the microclimate, conservation and restoration of museum objects;

5) employment of the museum staff;

6) international co-operation;

7) education of society and the popularisation of cultural and historical values by organising permanent and temporary exhibitions, as well as using other ways of education and popularisation related to the operation of the museum.

(2) State museums and local government museums may also receive additional financial resources from other sources as donations and gifts, as well as earn income from paid services and other revenue thereof. Resources, which are obtained from paid services and other revenue thereof, shall be transferred to the basic budget account of the museum, and they shall be used only for the development of operation of the museum.

(3) If State museums and local government museums receive a donation or a gift with or without a specified objective, they shall open an account of the special budget.

Section 15. International Co-operation

(1) Museums are entitled to co-operate independently with museums in other states, to join international museum organisations and to participate in the activities thereof.

(2) Museums may receive a State guaranteed insurance for the organisation of international exhibitions in accordance with the procedures specified by the Cabinet.

Section 16. Information Regarding Objects of Cultural Heritage

(1) Information regarding storage areas, collections, permanent and temporary exhibitions, research centres, science centres, commemoration sites, and similar cultural heritage objects that are created with the purpose of implementing any of the core functions of the museum referred to in Section 7, Paragraph two of this Law may be included in the register of museums.

(2) Information regarding the cultural heritage object referred to in Paragraph one of this Section shall be included in the register of museums if the owner or an authorised person thereof submits an application thereon to the Ministry of Culture. The name of the cultural heritage object, the given name and surname of its owner, the year of establishment of the object, a short description, the address, information regarding the possibilities of a visit thereof, the contact information (telephone number, e-mail address, website address) shall be indicated in the application. The applicant shall update information in the register of museums in the first quarter of each year by sending the information referred to in the application to the Ministry of Culture. If information is not updated for two consecutive years, it shall be removed from the register of museums.

[8 June 2017]

Transitional Provisions

1. Until coming into force of the respective Cabinet regulations, but not longer than until 30 June 2006 the following Cabinet regulations shall be applicable insofar as they comply with this Law:

1) Cabinet Regulation No. 265 of 21 July 1998, By-law of the State Council of Museums (Latvijas Republikas Saeimas and Ministru Kabineta Ziņotājs, 1998, No. 18);

2) Cabinet Regulation No. 311 of 18 August 1998, Regulations regarding the National Museums Collection (Latvijas Republikas Saeimas and Ministru Kabineta Ziņotājs, 1998, No. 18);

3) Cabinet Regulation No. 420 of 27 October 1998, Procedures, by which the Ministry of Culture Grants Resources Specifically Provided for in the State Budget for Implementation of Specific Cultural and Historical, Fine Art and Other Nationally Significant Projects and Programmes (Latvijas Republikas Saeimas and Ministru Kabineta Ziņotājs, 1998, No. 22);

4) Cabinet Regulation No. 196 of 30 March 2004, Regulations regarding Accreditation of Museums (Latvijas Republikas Saeimas and Ministru Kabineta Ziņotājs, 2004, No. 11).

2. Autonomous museums, which are a public agency (institution) established by a derived legal person governed by public law (except local governments) or a unit of such public agency (institution), shall have an obligation to settle accreditation within a time period of three years from the day of coming into force of this Law.

3. Museum accreditation certificates issued prior to the coming into force of this Law shall remain in force until the end of the accreditation term.

4. Section 13, Paragraph two, Clause 2 of this Law shall come into force on 1 July 2006.

5. With the coming into force of this Law the Museum Law (Latvijas Republikas Saeimas and Ministru Kabineta Ziņotājs, 1997, No. 16) is repealed.

6. The Cabinet shall, not later than by 31 December 2017, issue the Cabinet regulations referred to in Section 13.1, Paragraph eight, and make all the necessary amendments to Cabinet Regulation No. 532 of 27 June 2006, Regulations Regarding the Accreditation of Museums, and to Cabinet Regulation No. 956 of 21 November 2006, Regulations Regarding the National Holdings of Museums.

[8 June 2017]

This Law has been adopted by the Saeima on 15 December 2005.

President V. Vīķe-Freiberga

Rīga, 3 January 2006

 


1 The Parliament of the Republic of Latvia

Translation © 2018 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 15.12.2005.Entry into force: 17.01.2006.Theme:  Culture and artPublication: Latvijas Vēstnesis, 1 (3369), 03.01.2006.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 2, 26.01.2006.
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