Moldova

Last update: February, 2015

According to Article 32, section 1 of the Constitution of the Republic of Moldova (1994):

"all citizens are guaranteed the freedom of thought, opinion, as well as freedom of expression in public by words, images or any other possible way".

Section 3 of the Article 33 states that:

"the state contributes to the keeping, developing and promoting of achievements of culture and science, nationally and globally”. The same Article also states that “the liberty of artistic and scientific creation is guaranteed".

According to Article 33, section 2:

"the citizens' right to intellectual property, their material and moral interests related to the various types of intellectual creation are protected by law."

The right to the preservation of cultural identity is mentioned in section 2 of Article 10:

"the state recognises and guarantees all its citizens the right to preserve, develop and express their ethnic, cultural, linguistic and religious identity."

According to Article 50, section 5:

"it is the duty of the public authorities to establish the conditions enabling the young people to take part freely in the social, economic, cultural and sporting life of the country."

Last update: February, 2015

Every decision of the government on the distribution of public funds in the Republic of Moldova should be debated in the Parliamentary Committees, and then legalised by Parliament with a law. The Decision on the Distribution of Local / Municipal Public Funds belongs ultimately to the local / municipal Councils.

Last update: February, 2015

Except for general stipulations of the Constitution and the general envisions of the Law on Culture, there are no special laws on social security pertaining to the cultural field in Moldova.

Last update: February, 2015

The Law on Philanthropy and Sponsorship, (no. 1420 – XV) of October 31st 2002, stipulates some tax deductions and state support for over 80% of the activities of philanthropical bodies, but without clear conditions.

Since 2002, VAT at 20% was introduced on the extra-budgetary incomes of the cultural institutions, obtained by leasing their premises and other services. Books, publishing, cultural publications, films, ticket prices, cultural events, art works, etc. are VAT exempt in the Republic of Moldova.

Last update: February, 2015

The Labour Code provides the basis for general labour legislation which is also applicable to those working in the field of culture.

Last update: February, 2015

Until the collapse of the Soviet Union, artists' copyrights were protected by the Moldovan Soviet Socialist Republic Section of the Soviet Copyright Agency. In 1991, this became the State Copyright Agency of the Republic of Moldova.

The legislative body of the Republic of Moldova has passed a number of laws including:

• the Law on Copyright and Neighbouring Rights No. 293-XIII of 23 November 1994;
• the Law on Patents No. 461-XIII of 18 May 1995; and
• the Law on the Protection of Industrial Design No. 991-XIII of 15 October 1996.

The State Agency for Intellectual Property of the Republic of Moldova (AGEPI) was created Under the Code on Science and Innovation and Government Decision No. 1016 of 13 September 2004, by the merger of the State Agency on the Protection of Industrial Property and the State Agency for Copyright. This agency is a specialised governmental body, invested with the right to grant protection for intellectual property objects. AGEPI operates on self-financed and self-governed principles and is subordinated to the government. The Agency represents Moldova in the World Intellectual Property Organisation and with other international and intergovernmental organisations for the protection of intellectual property, maintains and develops collaboration and cooperation with them, as well as with other specialised institutions from other states.

AGEPI has the following main functions:

• elaborates proposals on state policy and the legal regulatory intellectual property protection framework;
• organises and manages the national intellectual property protection system; and
• develops proposals on the development of the national intellectual property protection system and supervises the execution and enforcement of the legislation of the Republic of Moldova and of the international treaties to which the Republic of Moldova is party.

The modified Law on Copyright and Neighbouring Rights No. 18-19 of 8 February 2003 protects a maximum range of copyright and neighbouring rights and includes databases, performers, phonogram producers, software, broadcasting and lending of works of art.

Blank tape levies are regulated by Article 19 of the modified Law on Copyright and Neighbouring Rights. According to Article 19(2), writers and authors shall have the right to receive a levy from the sale of blank tapes.

Articles 20 and 21 of the same Law provides for fees for the private loan or lease of art works and reduces the number of free copies for libraries, archives and for educational institutions.

Last update: February, 2015

The modified Law on Copyright and Neighbouring Rights of 8 February 2003 stipulates for the protection of databases.

See chapter 2.5.4.

Information is currently not available.

Last update: February, 2015

The Law on Culture (no. 413 - XIV of May 27 1999) sets out the constitutional principles governing culture. According to Article 19, cultural institutions can be set up and run by the state, municipalities, public associations, religious organisations, arts organisations, international organisations, foreign countries, legal entities and individuals, including foreigners.

Under section 21 of the Law ("Financing of Culture"), cultural institutions cover their costs from their own resources, from income generated by their activities, as well as from other sources and revenues, as permitted under the legislation in force.

The following laws establish the scope, operations, governing structure and general procedures for funding cultural specific sectors:

• Law on Monument Protection no. 1530 - XII of June 22, 1993;
• Law on Archives no. 880 - XII of January 22, 1992;
• Law on Libraries no. 286 - XIII of November 6, 1994; amended on July 29, 2005;
• Law on Publishing no. 939 - IV of April 20, 2000; modified on August 17, 2001;
• Law on Theatres, Circus and Performing Art Organisations no 1421 - XV of October 31, 2002; modified on October 31 2003; modified on May 17, 2012;
• Law on the Audiovisual Sector, no. 603 - XIII of October 3, 1995;
• Law on Museums no. 1596 - XV of December 12, 2002; amended on July 30, 2010;
• Law on Architecture no. 1350 – XIV of February 27, 2001;
• Law on Cinematography no. 386 of November 25, 2004;
• Law on Archaeological Heritage of 17 September 2010;
• Law on Formation of Cultural and Natural Reservations "Orheiul Vechi" no. 251 of December 4, 2008;
• Law on Copyright and Related Rights no. 139 of July 2, 2010;
• Law on Protection of Archaeological Heritage no. 218 of September 17, 2010;
• Law on Public Forum Monuments No. 192 of September 30, 2011;
• Law on Protection of National Movable Cultural Heritage no. 280 of December 27, 2011;
• Law on the Protection of Intangible Cultural Heritage no. 58 of March 29, 2012;
• Law on Artists and Artists' Unions No. 21 of March 1, 2013 (no. 1263-VII, July 28, 2014); and
• Law on Cinematography no. 116 of July 3, 2014.

None of the laws listed above include definite mechanisms for concrete support and financing, this being a very significant and common gap between legislation and practice in the Republic of Moldova. Thus, actual legislation doesn't stimulate the act of creation, does not support artists and does not create equal and diverse possibilities to develop creativity and business in the arts sector.

Last update: February, 2015

The current legal and organisational framework of the historical and cultural heritage of Moldova is based on the Law on Historical Monument Protection (1993) and the Law on Museums (2002). 

The Law on Historical Monument Protection protects monuments via a State-Protected Monuments Register. The concept of "monument" includes both immovable and movable cultural assets. Applications must be filed and approved by the government and the Parliament before monuments can be officially registered.

In accordance with the legislation in force, decisions of state bodies responsible for the protection of monuments are binding on all individuals and legal entities. Conditions for the exercise of property rights on monuments apply to all property right holders, irrespective of the type of ownership and legal status of the owner.

The right to use state monuments as immovable assets is, in accordance with the legislation, within the power of the parliament, and county, city, town or municipal councils, depending on the status of the protected monument.

The right to use monuments as movable assets is, consequently, allocated by the government, prefect's offices and municipal administrations.

The Law on Museums establishes the general legal framework for the organisation and functioning of the museums in the Republic of Moldova. According to Article 2 of the Law, the state grants equal opportunities to all museums, irrespective of their specialisation and form of ownership.

Museums are non-profit institutions. Their responsibility is to safeguard and develop the country's cultural heritage in accordance with their special profile, to do research, to design and implement cultural and scientific projects aiming at the development of the community, to publish catalogues of the museums' collections and other relevant materials, and to initiate exchange programmes and co-operation with other national and international museums (Article 5 and 6).

Article 16 specifies the organisation of museums, their rights and obligations.

The public museums are funded via the state budget and other sources. Museums are funded by the state budget and local budgets through approved projects and programmes or co-financed by other public or private funds, regardless of their form of ownership (Article 28 (1), (2)).

On September 17, 2010, the Parliament adopted the Law on Archaeological Heritage. This new law includes mechanisms for fighting the black market in the archaeological field. The law was drafted over a five year period and the working group in charge consulted experts from the U.S., Germany, Ukraine and Romania. Up to now, the legislation did not guarantee the protection of monuments, whereas the new legal framework creates real preconditions for safeguarding archaeological heritage.

As for the legal framework in the field of cultural heritage protection in recent years it has been significantly improved, with the following legal documents being adopted: Law on the protection of the archaeological heritage No. 218 of September 17, 2010; Law on Public Forum Monuments No. 192 of September 30, 2011; Law on protection of the national mobile cultural heritage No. 280 of December 27, 2011; Law on protection of intangible cultural heritage No. 58 of March 29, 2012 and several amendments were made in the laws on the national heritage. In the process of major changes, there is the Law on protection of historical monuments, which will replace the existing law in operation since 1993. In the same context, the Republic of Moldova has signed and ratified ten international conventions on cultural heritage.

"The Black Book of Chisinau Cultural Patrimony" contains information about buildings that are under threat. This book warns local and central public authorities and civil society about the necessity of taking immediate measures to protect the cultural heritage. In the last years, 76 of the 977 archaeological buildings were demolished, while 155 monuments were modified without authorisation. The phenomenon of black market archaeology is widely spread throughout Moldova. There are about 150 treasure hunters who use metal detectors illegally.

Last update: February, 2015

The aims and tasks of the Law on Theatres, Circuses and Performing Arts, modified in 2003, are an integral part of state cultural policy. The strategy in this sector is based on the acknowledgement of the importance of these sectors as the main elements of culture, as a means of preservation of the national consciousness and of the languages of minorities. They are regarded as the most important state institutions, with the role of supporting, edifying and developing the moral and spiritual life of society.

Articles 7 and 8 guarantee that the state creates the economic and legal conditions for performing artists, guarantees their legal rights and interests, contributes to the development of free competition, encourages intellectual and artistic potential, and the use of technical material, natural, labour, financial and informational resources.

According to Articles 10 and 11 of the Law, performing arts organisations have more rights than before regarding their creative and economic activity. They can now decide on their own repertoire, can create artistic subdivisions and studios for the training of actors.

The Law also allows for more diversity in spending of extra-budgetary income sources.

Last update: February, 2015

Besides the general Law on Culture (see chapter 4.2.1) and some provisions of the Laws on Museums, Monument Protection and Archives, there are no specific laws on the visual arts sector in the Republic of Moldova. However, it should be mentioned that artists and writers, being almost entirely freelance, need special laws or legal frameworks for self-employment, that still do not exist in the Republic of Moldova.

Last update: February, 2015

Except for general provisions of the Law on Culture, there are no specific laws on literature in the Republic of Moldova.

The Law on Libraries (1994) specifies the legal status of libraries and how they should operate. According to Article 9, the national library network comprises libraries and biblioteconomic centres (territorial library associations within districts and municipalities that are involved in managing public libraries at the local level), organised by region and branch, set up and funded by the state. They are aimed at meeting the interests and needs for public information, training and culture, and are co-ordinated by a single body.

Depending on the customer, libraries in Moldova are: specialised, educational or public. Libraries can be state-owned, public and private.

The law includes detailed provisions on library collections, on the economic basis of libraries and international collaboration between libraries.

The Law on Publishing (2000, modified in 2001) sets out the legal framework for publishing and the state policy on book publishing. These provisions are designed to prevent monopolies, uphold freedom of expression and ensure the consolidation and modernisation of the available technical, organisational, legal and scientific facilities in this sector.

The following rights are accorded under Section 4 of this law: the right to set up publishing houses; the right to publish; and the publisher's intellectual property rights for works published, which guarantee publishing rights in the Republic of Moldova and abroad.

The Law on Publishing also contains provisions on publishing contracts, the organisational aspects of publishing, the distribution of published materials, state guarantees in the field of publishing, and international co-operation.

Last update: February, 2015

Film, video and photography

Except for the general stipulations in the Law on Culture, there are no laws on photography in the Republic of Moldova.

The Law on Cinematography No. 116 of July 3, 2014 governs the conduct of activities in the field of cinematography (creation, production, financing, distribution and promotion of films), support for the development of the film industry and also management of the national cinematography heritage.

This Law aims at: developing the cinematography field as part of the national culture by providing financial, technical and legal support from the state; supporting the development of the film industry in the Republic of Moldova through training and retraining of specialists in the field; defining formation and use of financial resources necessary for the production, distribution, exploitation and archiving of national films; organizing and functioning of the National Cinematography Centre as a public institution with responsibilities in the field; affirming the national cultural identity and that of the national minorities in the Republic of Moldova through film production and their promotion in the world-wide values circuit; protection, development and promoting the national cinematographic heritage; promotion of a fair and transparent competitive system of access to public financial resources envisaged for cinematography; encouraging private initiatives in the field of cinematography; regulating the activity of the economic agents in the field of cinematography; fostering cinematographic cooperation at European and international level.

Article 3 of the Law defines state policy in the field of cinematography and the principles of its implementation by the National Centre of Cinematography, as a public institution empowered to implement state policies in the field of cinematography.

Articles 10-17 of the Law refer to the financing of cinematographic activities from the state budget and also from the activities of the National Centre of Cinematography. As for the financing of cinematographic production, the share of the state in national film production may not exceed 50% of the film's production estimate. Financial support for the international co-productions is at least 20% from the Moldovan side for bilateral co-productions and at least 10% for multilateral productions, complying with the conditions stipulated in the Regulation on financing cinematography.

The new Law on Cinematography aimed at updating legislative norms, introducing certain provisions that harmonise with the new policies in the field, substituting ambiguous, outdated notions and formulations, liquidation of tax evasion and piracy in cinematography. At the same time, the Law also changes the system of financing and management of cinematography from the state command model (full funding from the budget) to partial financing at the maximum rate of 50% from the budget, which lays the foundation for a self-sufficient cinematographic industry, as compared to cinematography 100% subsidised by the state.

Mass media

The Audiovisual Broadcasting Law (1995) sets out the criteria for granting broadcasting licenses, and the regulations governing satellite and cable broadcasting. It provides for the rights and obligations of audiovisual institutions and their staff, and contains regulations concerning responsibility for broadcast contents and international co-operation in the field of audiovisual communication. Section 13 of the Law on Audiovisual Broadcasting stipulates that each channel must broadcast at least 65% of its programmes in the official language of the Republic of Moldova. However, this obligation is rarely fulfilled primarily due to the ambiguities in the Law (see chapter 2.5.4). This language quota does not apply to foreign broadcasters in the Republic.

Section 31 of the Law concerns the activities of the Audiovisual Co-ordination Board, consisting of 15 members. They are appointed by the Parliament, by the President of the Republic of Moldova and by the government department responsible for broadcasting. Their term of office is 5 years and the Board is the "guarantor" of public interests.

Last update: February, 2015

The Law on Architecture provides an overall legal framework for all architectural activities, it determines the responsibilities of central and local administrative bodies regarding architecture and town planning, guarantees architects' author's rights, and stipulates their main tasks, rights and obligations.

According to Article 3, the state supports scientific research in the field of architecture, attracts investments in town planning; organises the training of architects, and ensures the freedom of architectural creation. The state also promotes national and international contests and encourages the creation of outstanding architectural objects.

Article 9 and 10 of the Law state that local and foreign architects working in the Republic of Moldova have the same rights and responsibilities.