REPUBLIC OF MOLDOVA

THE PARLIAMENT
LAW No. 218 from 17.09.2010
ON THE PRESERVATION OF THE ARCHEOLOGICAL HERITAGE
Published: 03.12.2020 in Official Gazette (Monitorul Oficial/Official Gazette) No. 235240, Art. No. 738
Enter in force: 03.03.3011
The archaeological heritage is an essential element which defines the oldness and
originality of culture, history and traditions of every nation, state or cultural space in relation to
other nations, states or ethno-cultural spaces. Every nation has the obligation to preserve its
cultural goods and to valorize it for the benefit of the entire humanity.
The archaeological heritage of the Republic of Moldova an essential part of the national
cultural heritage, subject to a serious risk of degradation caused by the intensification of
implementation of major projects for complex planning, new constructions and soil exploitation
and by the natural risks, illegal excavations or insufficient public information needs to be
protected, by integrating organically the protection of the archaeological heritage politics into the
policies for culture, education, environment, urban development and territorial planning,
administration of farming terrains, soils and woods.
Having the aim to ensure a coherent legal framework for the protection and safeguard of
the national archaeological heritage, adjusted to the provisions of UNESCO and Council of
Europes conventions and recommendations regarding this important field, to which the
Republic of Moldova is part,
The Parliament adopts the present organic law
Chapter I. GENERAL PROVISIONS
Article 1. The object of the present law
The present law regulates the general legal regime of archeological discoveries and
research, as well as the protection of the archeological heritage, which represents a basic
component of the national cultural heritage.
Article 2. Basic notions
According to the meaning of the present law:
a) Archeological heritage is the totality of material goods emerged as a result of past human
activity, preserved in natural conditions above and under the soil, underwater, under the form
of archaeological sites (settlements, necropolises, isolated burials, tumuli, fortresses,
wallums, constructions, churches, buildings, dwellings annexes) or mobile goods (objects or
their fragments) which for identification and study need the application of archeological
methods
b) General legal regime of the archeological discoveries and research is the totality of the
scholarly, legal, administrative, financial and technical measures meant to secure the
prospecting, identification, unearthing, inventory, conservation, restoration, guarding,
maintenance and public display of the archeological materials. This definition also applies to
the sites on which the latter are discovered. These materials are to be researched or classified
as cultural mobile goods or historical monuments, as the case may be.
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c) Protection of archaeological heritage is a the totality of legal and administrative measures

with restrictive and punitive character, with the aim to highlight, conserve, preserve and
restore the archaeological heritage
d) Archeological research is the totality of measures of a scholarly and technical character
meant to secure the prospecting, identification, discovery through archeological excavations
or unearthing through other methods, investigation, collecting, registration and scholarly
presentation of the archeological heritage (including through specialized publications).
e) Archeological periegesis is a ground-level or underwater archeological investigation with an
explicit aim to identify new archeological vestiges or to clarify the state of previously known
archeological sites;
f) Preventive archeological research is an investigation with an explicit aim to study the
archeological sites (vestiges) which are or may be directly affected by human or natural
factors, here included:
- Architectural design works, construction of new buildings, the modification, extension
or overhauling of the ways of communication or of technical urban infrastructure,
including underground or underwater facilities; excavations; quarry workings;
construction of major thoroughfare networks and communication networks; the
installment of relays and TV antennae; land surveys and arrangements; geological
research and prospecting of the concerned sites (drillings and excavations) necessary in
order to carry out geo-technical studies; the installment of ballast-pits, as well as of gas
and oil wells; all other operations that might affect the soil at the surface level and at the
deeper levels, either underground or at the bottom of running or stagnant water reservoirs.
This provision applies regardless of the category of the concerned site (either within or
outside the city area) and regardless of the sites form of property.
- Works of restoration, partial or total reconstruction of historical monuments;
- Landslides, all forms of soil erosion etc.
g) Supervisory archeological research is an investigation with an explicit aim of monitoring
and organizing urgent archeological interventions in the case of archeological sites situated in
areas with ongoing building activity, territorial arrangements and infrastructure building, as
well as in areas including architectural moments in process of restoration or reconstruction.
h) Systematic archeological research is a long-term archeological investigation, carried out
within a given site on the basis of a multi-annual scholarly program;
i) Rescue archaeological investigation is a research undertaken under the mark urgent with the
aim to save the archaeological sites under the risk of being destructed by human or natural
factors.
j) Archaeological expertise is a scientific evaluation of the archaeological potential of the
terrains and the mobile goods with the aim to motivate the proposals regarding their
protection and research and, upon case, inclusion in the economical circuit.
k) An archeological discovery is the identification, through archeological excavations, of the
relevant vestiges, objects and traces belonging to past epochs and extinct civilizations;
l) An occasional archeological discovery is hereby defined as the uncovering of materials
belonging to the archeological heritage as a consequence of the impact of natural factors or
human actions, other than those pertaining to specialized archeological research;
m) An archeological treasure is an object or a totality of mobile goods of a particular artistic
and / or documentary value hidden or buried in the past, provided that the owner of these
objects cannot be identified or had previously been legally deprived of or lost his former
property rights. This provision applies regardless of the fact whether the archeological
discovery was occasional or took place as a result of certain special archeological or judicial
inquiries.
n) A zone with archaeological potential is a site, within which the existence of archaeological
materials is scientifically documented or is suspected to be present based upon indirect data.
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o) A zone with well-known and researched archeological heritage is hereby defined as a site
where, as a result of archeological research, goods included in the category defined above,
under the letter b) of this act, have been discovered;
p) A zone with occasionally uncovered archeological heritage is a site, within which the
existence of materials included in the archeological heritage has been unexpectedly
uncovered, as a consequence of human actions, other than those related to confirmed
archeological research, here included: construction works, geological investigations,
including remote detection, agricultural works, as well as other types of operations and
investigations that have been carried out underground or underwater or as a consequence of
natural factors, among others: earthquakes, landslides, floods, soil erosion and other similar
phenomena, and which require a systematic archeological research that would result in the
registration and scholarly analysis of these materials;
q) An archeological site declared a zone of national interest is hereby defined as an area of
primary and special archeological interest. This status covers a given territory which
comprises the archeological sites of special importance for a national culture. The scholarly
research, protection and public presentation of these sites is exceptionally important for
national history and culture due to the material testimonies, mobile and non-mobile goods
which are currently a part of or are under consideration of being included into the national
cultural heritage, or are part of the category of historical monuments included in the List of
World Heritage, as the case may be;
r) A zone with located archeological heritage is hereby defined as a legally bounded and
demarcated site, within which archeological research is to be carried out, on the basis of
previous scholarly information or scholarly studies that confirm the existence of
archeological materials, either underground or underwater, to be potentially included into the
national cultural heritage. Until the final completion of the archeological investigations and
the application of the appropriate measures for the protection and public presentation of the
archeological discoveries, the legally approved protected zones of the archeological or
historical sites automatically fall into the category of zones with located archeological
heritage;
s) Protection area of archaeological sites is an area or a special regime of protection,
established on the perimeter around the archaeological site on a width from 50 to 200 m,
according to the type and importance of the objective;
t) The database of archeological sites is the electronic database which stores all the data
concerning the archeological sites included into the National Archeological Catalogue and
the National Archeological Registry;
u) An institution with an archeological profile is an institution which organizes and promotes
systematic archeological investigations and employs full-time authoritative specialists in the
field of archeology, holding a Ph.D. degree (doctor) or a Habilitation (doctor habilitat), and
officially confirmed by the Archeological Commission as expert archeologists;
v) Sponsor of archaeological research is a public or private institution, commercial society or
non-commercial organization, a physical person which sponsors the archaeological
investigations;
w) The professional archaeologist is a person with special bachelor or graduate studies attested
by the National Archaeological Commission and included in the Registry of archaeologists
from the Republic of Moldova;
x) An authorization of archaeological research is a document for the authorization of field
archaeological research issued by the Ministry of Culture upon the decision of the National
Archaeological Commission as a result of examining the written requests made by
institutions with archaeological profile from the Republic of Moldova.

Chapter II. THE SYSTEM OF THE ARCHAEOLOGICAL HERITAGE PRESERVATION

Article 3. Ranking system for the protection of the archaeological heritage
(1) The state guarantees and ensures the protection of the archaeological heritage in the conditions set by
the present law.
(2) The Parliament ensures the elaboration of the legislative frameworks necessary for the implementation
of the state policy regarding the protection, conservation and restoration of the archaeological heritage,
approves the national strategies in the field and their funding from the state budget.
(3) The Government ensures the implementation of the state policy in the field of the protection of the
archaeological heritage, approves the legislative framework, the plans of actions and the state programs
regarding the protection, conservation and restoration of the archaeological heritage.
(4) The Ministry of Culture is the specialized central public administration authority which in charge for
the elaboration of policies, strategies and specific norms for the protection of the national archaeological
heritage and ensures its application into practice, as well as for the programs regarding the protection,
conservation, restoration and valorization of the archaeological heritage.
(5) The National Archaeological Agency represents the specialized public institution subordinated to the
Ministry of Culture which implements the state policy in the field of the protection and valorization of the
archaeological heritage.
(6) The local public administration authorities of level I and II will cooperate under the conditions of law
to elaborate the programs of protection, conservation and restoration of the archaeological heritage. In
order to execute these programs, the local public administration authorities will provide in their annual
budgets the necessary sums to fund or co-fund the activities for the safeguard of the archaeological
heritage. The local public administration authorities will benefit from transfers with special destination
from the state budget under the conditions of law.
(7) The Academy of Sciences of Moldova elaborates and applies programs of scientific research and
rescue of the archaeological sites; proposes and realizes, in collaboration with the Ministry of Culture, the
local public administration bodies and other research or academic institutions, measures and state
programs regarding the protection, conservation, restoration and valorization of the archaeological sites;
together with other specialized institutions, puts to the disposal of the Ministry of Culture data regarding
the newly discovered archaeological monuments which will be recorded by the state accordingly.
(8) The central public authorities, the specialized institutions subordinated to them and the local public
administration authorities collaborate and are responsible, according to the law, for the protection of the
archaeological heritage activity.

(9) The physical and juridical subjects which, by their actions, can affect directly or indirectly
objectives of the national archaeological heritage are obliged to coordinate their planned
activities with the Ministry of Culture by presenting to approval of all projects aimed at
interventions on the soil and subsoil, in order to avoid the deterioration or destruction of the
archaeological heritage.
(10) The works of verification and rescue of the archaeological sites situated in the areas of new
constructions, of land development projects or any other work that affects the soil in depth will
be financed by the organizations/institutions that intend to execute such works, according to the
existing legislations.
(11) The archaeological excavations are executed, under the conditions of the present law, by the
specialized personnel attested and recorded in the Registry of archaeologists from the Republic
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of Moldova, according to the provisions of the Regulation of archaeological research and

expertise from the Republic of Moldova approved by the Ministry of Culture at the proposal of
the National Archaeological Commission, in compliance with the norms regarding the
archaeological standards and procedures and in compliance with the Deontological code of the
archaeologists from the Republic of Moldova.
Article 4. Classification and protection of archaeological heritage
(1) The assets of archaeological heritage are integral part of the national cultural heritage and are
classified and protected as assets of the mobile and immobile national cultural heritage.
(2) The person that has discovered accidentally archaeological materials or the administrator of the site
where the archaeological discovery was made is obliged to bring to the knowledge of the local public
administration authority within a 48 hours period about this and to hand in the found material. The local
public administration authority is obliged to ensure the safekeeping of the finding and to inform officially,
within maximum 24 hours, the Ministry of Culture.

Article 5. Mechanisms of protection of the archaeological heritage

(1) By protection of archaeological heritage assets and terrains from the areas defined in art. 2 letter l) and
n) is understood the adoption of scientific, administrative and technical measures intended at the
preservation of the finds accidentally discovered or following the archaeological investigations until the
classification of the respective assets or until the finalization of the archaeological investigation, through
the application by the National Archaeological Agency of obligations on part of the owners,
administrators or the titular of other real right over the terrain that contain or had contained the respective
assets of archaeological heritage, as well as by regulating or prohibiting the human activities, including
the prior authorized ones.
(2) Discharge of archaeological load is the procedure which confirms that a terrain where archaeological
heritage was highlighted can be introduced back into the current farming activities as a result of their
scientific investigation conclusion or their destruction. The discharge of archaeological load is
compulsory in cases of construction which require construction authorization.
(3) The certificate of discharge of archaeological load represents the act issued under the conditions of the
present law which cancels the protection regime previously set over the terrain where the archaeological
assets had been observed.
(4) The certificate of discharge of archaeological load is issued by the Ministry of Culture, on the base of
the proposal of the National Archaeological Agency, on the written demand of the beneficiary of planned
works.
(5) In cases of areas with known and investigated archaeological potential, the protection regime is
regulated by the existing legislation regarding the protection of historic monuments and mobile assets that
are part of the national cultural heritage.
(6) The areas with spotted archaeological heritage, delimited and instituted in compliance with the law,
benefit from the protection granted to the protected areas, as well of specific protection measures
provided by the present law.
(7) The authorization of construction or destruction works from the areas with spotted archaeological
heritage is approved by the Ministry of Culture, after the National Archaeological Agencys expertise.
(8) The area with occasionally highlighted archaeological heritage is delimited within the perimeter of the
occasional archaeological discovery, upon case:
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a) on the entire surface of the terrain which is the object of a construction authorization;
b) within a radius of 50 m from the discovery place, when the discovery resulted from farming activities
which do not need construction authorization or in the case of occasional discovery, including of
treasures;
c) on the entire surface of the land affected by the destructive action of some natural factors.
(9) In case of zones with occasionally highlighted archaeological heritage within the delimited zone as in
p. (8) is temporarily created the protection regime for the archaeological assets and the areas with
archaeological potential aimed at research and delimitation of protection regime, for a period which
cannot exceed 12 months from the moment of the discovery of the archaeological assets.
(10) Until the discharge of archaeological load, the terrain subject of research is protected as
archaeological site according the law.
(11) In case of zones with occasionally highlighted archaeological heritage, until the discharge of
archaeological load, all construction works or other works with intervention on the will be stopped, in
order to carry out rescue archaeological excavation.
(12) The norms regarding archaeological procedures and standards are established by an order of the
minister of culture, at the recommendation of the National Archaeological Commission, according to the
provisions of the present law and are applied to all types of archaeological research.
(13) All stages of archaeological research are integral part of scientific research activity as defined by the
specialized legislation.
(14) The archeological research of inventory, survey, excavation, surveillance and intervention on the
archaeological material will be performed according to the Regulation regarding archaeological research
and expertise.
(15) The archaeological research is carried out on the basis of the authorization for archaeological
research according to a project approved by the National Archaeological Commission and is finalized
with scientific report elaborated as provided by the Regulation regarding the archaeological research and
expertise.
(16) The archaeological investigation in the zones of state natural protected areas will be done with the
approval of the central public administration authority for environment.
(17) The preventive archaeological investigations are part of the strategies for sustainable socialeconomical development, for environmental development, for town development and territorial planning,
for tourism development at the national and local levels.
(18) The use of metal detectors and other remote sensing equipment, geophysical and aerial survey at the
archaeological sites and in the zone with archaeological potential is permitted for research purposes only,
on the basis of an authorization issued by the Ministry of Culture.

Article 6. Preventive archaeological research

(1) In case of works of construction, modification, extension or repair or communication ways and lakes,
construction of all pipe types, planting woods, gardens, vineyards and other farming works or land
development works that deteriorate the antic cultural layers, construction of private or public buildings,
execution of any form of soil excavation, including quarry exploitations, urban-technical endowment in
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the underground and underwater, the investors physical and juridical persons of private law, planning
institutions, other private or public institutions, financial public institutions have the obligation to request
the National Archaeological Agency to perform a check regarding the presence/lack of archaeological
ruins and approve the planned works.

(2) The investors physical or juridical subjects of public or private law funding the projects,
have the obligation to finance, within the established allowance:
a) the archaeological survey of the area included in the project;
b) the preventive archaeological investigation during the entire working period in the cases of zones with
archaeological potential;
c) the conservation and valorization, upon case, of archaeological discoveries from the zone affected by
workings.

Article 7. Archaeological cadastre

(1) The archaeological cadastre is a system of state evidence of the archaeological sites and of the zones
with archaeological potential, elaborated on the basis of the National archaeological registry, which
contains data regarding the location, legal status, protection regime and their protection area. The
archaeological cadastre is approved by the Government.
(2) The institution, administration and development of the archaeological cadastre is in the competence of
the National Archaeological Agency and is funded from state budget.
(3) The archaeological cadastre is part of the cadastre of immobile assets from the Republic of Moldova.

Article 8 Exertion of ownership right of the archaeological heritage

(1) All archaeological heritage assets, as integral part of the national cultural heritage, belong to the state,
regardless of the type of property of the land on which they are located or from which they have been
retrieved, and are protected bay the law.
(2) The condition of exertion of the property right over the archaeological heritage, including the
restrictions set by the present law is compulsory and extends over all subjects of property right, regardless
of the type of property and juridical title of the owner.
(3) The archaeological heritage assets are inalienable, indistinguishable and imprescriptibly.
(4) The right to dispose of the archaeological heritage is exercised by the Government, through the
Ministry of Culture.
(5) The district, municipal, town and communal councils exert the right to dispose of lands with
archaeological heritage located within the administrative-territorial respective unit (district, municipality,
town, commune, village)
(6) The right to dispose of the lands with immobile archaeological heritage of private property is
exercised by the owner of the land with the strict respect of the provisions of the present law.
(7) The immobile and mobile archaeological heritage assets are recorded by the sate.

Article 9. The legal regime of the lands with archaeological heritage

(1) The lands with archaeological heritage of public property or of the administrative-territorial units
cannot be alienated but they can be given in use. All documents and actions which directly or indirectly
violate the public property right on the lands with archaeological heritage do not have any legal force.
(2) The lands with archaeological heritage of private property can be sold, donated or alienated according
to the existing legislation, with the prior and compulsory notification of the Ministry of Culture and
establishment, in the sale-purchase agreement of the respective lands, for the land holders of
responsibilities for the protection of the archaeological heritage. The state has the right to preemption
when purchasing-selling of the lands with archaeological heritage.

(3) In the case of armed conflict the archaeological heritage assets are protected by international
conventions, which punish their steeling, looting and destruction.
Article 10. Legal regime of the archaeological heritage
(1) The owners, titular of administration right and other real right over the lands with archaeological sites
have the obligation to allow access to authorized personnel from the Ministry of Culture for
archaeological investigation and protection of the archaeological heritage and to secure the protection and
safekeeping measures of the archaeological heritage assets according to the law.
(2) As a result of the special protection of the archaeological sites inscribed in the National archaeological
registry, the owners or lenders of lands with archaeological heritage of private property are entitles to the
payment of certain compensation for unrealized agricultural income on the land which is subject of
archaeological excavations for the period in which they are performed, in the amount and conditions
established by the methodology approved by the Government.
(3) Bringing the terrain at its initial state is the obligation of the financer of the archaeological research.

Article 11. Legal regime of discovered treasures/hoards

(1) In the case of discovery of a treasure/hoard, it is transmitted in state property within
maximum 72 hours from the moment of its discovery. The owner of the terrain in which the
treasure/hoard was discovered, as well as the discoverer has the right to receive a reward
according the provisions of the Civil code of the Republic of Moldova.
(2) The dispositions of the present article do not apply to persons who worked for the interest of third
parties, including in the framework of performing the work obligations, archaeological research and other
legal search which lead to the discovery of the treasure.

CHAPTER III. THE RESPONSIBILITIES OF CENTRAL PUBLIC

AUTHORITIES AND THE WORKING INSTRUMENTS IN THE FIELD OF THE
PROTECTION OF THE ARCHAEOLOGICAL HERITAGE
Article 12. Public authorities with responsibilities in the filed of the protection of the
archaeological heritage
(1) The Ministry of Culture and Tourism shall exercise its prerogatives in protecting the
archaeological heritage directly or through subordinate institutions and structures.
(2) The basic prerogatives of the Ministry of Culture and Tourism in the field of the
protection of the archaeological heritage are as follows:
a) it approves policies, strategies and national programs in the field of the protection,
conservation, restoration and recovery of the archaeological heritage;
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b) it implements, through its subordinate institutions and structures, the state policy and
the national strategy in the field of the protection, conservation, restoration and valorification of
the archaeological heritage;
c) it elaborates the norms and specific methodologies, it also monitors the respect of legal
provisions in the field;
d) it monitors the process of practical implementation of the legislation concerning the
protection, preservation, restoration and recovery of the archaeological heritage;
e) it ensures the fulfillment of the agreements and provisions of the international
conventions concerning the protection of the archaeological heritage signed by the Republic of
Moldova;
f) it makes proposals for the adjustment of the existing legal framework in the field of the
protection of cultural heritage to the international treaties.
(3) In order to promote a sustainable policy in the field of the protection and recovery of
the archaeological heritage, the Ministry of Culture and Tourism shall:
a) organize the Archaeological Commission, as consultative body in the field, and ensure
the necessary conditions for its activity;
b) develop and update, through the Archeological Commission, the archeological
standards and procedures; elaborate the Regulation on archeological research and expertise, the
Deontological code of archaeologists from the Republic of Moldova and monitor their
application;
c) issue, through the National Archaeological Commission, authorizations for
archeological research, for archaeological surveys, as well as for preventive, supervisory and
systematic archeological excavations;
d) devise standard models of the applications for authorizations, certificates, approvals
and technical sheets necessary for archaeological research;
e) elaborate the methodology for the planning, carrying out and control in the field of
preventive archeological excavations;
f) establish a system of rules for estimative calculations in archaeological research;
g) survey and control conservation and restoration works. The Ministry shall have the
right to discontinue them in case of non compliance with the provisions of the law and with the
technical-scientific procedures;
h) coordinate the annual program of archaeological research in the Republic of Moldova;
i) elaborate the Register of Archaeologists of the Republic of Moldova and ensure its
regular updating;
j) coordinate the archaeological inspection at national level;
k) approve the lists of archaeological sites proposed for classification;
l) administer the classification files of the archaeological sites in the National
Archaeological Registry;
m) approve the documentation for town development and territorial planning which
include archaeological sites or zones with archaeological potential;
n) ensure the yearly publication of the Bulletin of the Archaeological Commission;

o) organize, together with other specialized agencies, the annual session of archaeological
reports;
p) create the national archaeological collections and provide appropriate conditions for
their preservation;
q) establish the archive of archaeological reports and archaeological field documentation.
It shall also secure appropriate conditions for the storage and public use of these materials;
r) inscribe and monitor the private collections of archaeological goods.
Article 13. National Archaeological Commission
(1) The Archaeological National Commission is a consultative body which represents the
scientific authority in the field of the protection of archaeological heritage and activates beside
the Ministry of Culture.
(2) The National Archaeological Commission elaborates and submits proposals to the
Ministry of Culture for approval plans of actions for the implementation of strategies, politics
and national programs regarding the protection, research and valorization of the archaeological
heritage.
(3) The Minister of culture approves by an order the regulation of organization and work
of the National Archaeological Commission.
(4) The National Archaeological Commission shall have the following prerogatives:
a) it elaborates the recommendations regarding the strategies and politics in the filed of
evidence, classification, protection, research, valorification and administration of the national
archaeological heritage;
b) it makes the expertise of field archaeological investigations from the Republic of
Moldova and quality of archaeological reports;
c) it decides and submits for approval to the minister of culture proposals for the
elaboration of nominal authorizations for systematic and rescue archaeological excavations on
the territory of the Republic of Moldova;
d) it submits for approval to the Ministry of Culture the norms and methodologies in the
field of archaeology;
e) it elaborates and submits to the minister of culture for approval the Regulation
regarding the research and archaeological expertise and the Ethical code of archaeologists from
the Republic of Moldova;
f) it endorses the classification methodology of the archaeological sites in the National
Archaeological Registry which is approved by an order of the minister of culture;
g) it endorses the lists of archaeological sites proposed for classification;
h) it endorses the methodology for elaboration and administration of the National
Archaeological Catalog and National Archaeological Registry;
i) it endorses the update of the National Archaeological Registry;
j) it endorses and submits for approval to the ministry of culture the Regulations
regarding the Registry of archaeologists from the Republic of Moldova;
k) it carries out the attestation of specialists to be included in the Registry of
archaeologists from the Republic of Moldova and submits the respective decisions for approval
to the minister of culture;
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l) it endorses the studies of documentation in order to define, institute and delimit the
protection areas which include archaeological heritage;
m) it endorses the institutions and delimitation of protection areas which include
archaeological heritage and submits them for approval to the minister of culture;
n) it proposes to the central public authorities the acquisition of terrains with goods
identified as archaeological heritage;
o) it represents the Republic of Moldova within the similar specialized international
organizations;
p) it endorses the plan of archaeological research undertaken by Moldovan archaeological
missions on the territory of other countries;
q) it examines the contestations from its field of competence;
r) it performs other tasks in the field under the conditions of the law.
Article 14. The National Archaeological Agency
(1) For the implementation of state policy in the field of the protection and valorization of
the archaeological heritage, the Government creates the National Archaeological Agency
(2) The National Archaeological Agency is an autonomous public institution with the
status of a distinct juridical person and a separate budget, subordinated to the Ministry of
Culture.
(3) The activity of the National Archaeological Agency is financed from the state budget,
from services and other means that came in the possession of the institution. The budget of the
Agency if revised each year and shall be coordinated with the Ministry of Culture.
(4) The National Archaeological Agency exercised its responsibilities according the
present law and the Regulation of organization and function of the National Archaeological
Agency.
(5) The regulation, structure and minimum staff of the National Archaeological Agency
are approved by Decision of Government.
(6) The National Archaeological Agency is administered by a general director, approved
and dismissed from duty according the law, by an order of the minister of culture.
(7) The General director of the National Archaeological Agency has in its subordination a
deputy general director, approved and dismissed from duty by an order of the minister of culture.
(8) The National Archaeological Agency has the following main prerogatives:
a) it implements strategies, politics and national programs regarding the protection and
valorization of the archaeological heritage;
b) it elaborates studies of documentation to define, institute and delimit the protected
areas which include archaeological heritage;
c) it elaborates plans of management of archaeological sites;
d) it administers archaeological sites from the Republic of Moldova;
e) it carries out archaeological inspection at national level;
f) it coordinates with the institutions of archaeological profile and with the local public
administration authorities the activities of valorification of archaeological sites;
g) it realizes, in collaboration with research institutions, rescue activities of
archaeological sites;
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h) it administers, holds and updates yearly, the database of information offered by the
specialized institutions;
- The national archaeological catalogue, the database of archaeological sites from the
Republic of Moldova;
- The national archaeological registry;
- The registry of archaeologists from the Republic of Moldova;
i) it elaborates the classification methodology of archaeological sites in the National
archaeological registry;
j) it elaborates, in collaboration with the Academy of Sciences of Moldova, the lists of
archaeological sites proposed for classification;
k) it elaborates, in collaboration with the Academy of Sciences of Moldova, the
methodology of laying down and administration of the National archaeological catalogue and of
the National archaeological registry.
l) it elaborates the Regulation regarding the Registry of archaeologists from the Republic
of Moldova;
m) it carries out, on a paid basis, the scientific and technical expertise of all construction
projects, projects for territorial planning or land design or modification. It also determines the
concrete terms, manner and financial resources necessary for carrying out the urgent rescue
archaeological excavations;
n) it organizes, upon case, on a paid basis, preventive, rescue and supervision
archaeological investigations;
o) it endorses, on the basis of specialized reports, the works to be carried out in areas with
located archaeological heritage;
p) it endorses the documentation of urbanization and territorial planning, which includes
archaeological sites or zones with located archaeological heritage;
q) it is responsible for the scholarly supervision of the works when occasional
archaeological discoveries have been recorded, starting, upon case, the procedures of
classification provided by the law;
r) it submits proposals for the issuance of the certificate of archeological discharging of
the archaeological sites in cases when the latter are destroyed or are under threat of being
destroyed;
s) it offers the local public administration authority complete data regarding the
archaeological sites located on its administrative territory; instructs the local public
administration authority about the problems concerning the protection and valorization of the
archaeological heritage.
Article 15 The National Archaeological Catalogue
(1) The National Archaeological Catalogue includes the list of all the archaeological sites
discovered on the territory of the Republic of Moldova, including the sites demolished or
destroyed during specialized scholarly investigations or damaged by natural or human-made
factors.
(2) The National Archaeological Catalogue is developed, both in a textual and an
electronic format, by the National Archaeological Agency according the Regulation regarding
the National Archaeological Catalogue, approved by an order of the minister of culture.
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(3) The National Archaeological Catalogue is created using the published scientific data,
archival information and the recent scientific data offered by the specialized archaeological
institutions.
(4) The specialists from the archaeological field and the institutions of archaeological
profile are obliged to present each year to the National Archaeological Agency data regarding the
newly-discovered archaeological sites, provided the respect of authorship of the researchers
according the legislation for the protection of author rights.
(5) The National Archaeological Catalogue includes texts, images, cartographic,
topographical and scholarly information, as well as any other relevant information concerning:
a) the zones with previously known and researched archaeological potential, the zones
with unexplored archaeological potential, and, as the latter become well-known, those areas
whose archeological potential is discovered accidentally or occasionally;
b) the archaeological sites within which
conducted or are ongoing;

archaeological investigations have been

c) data originating from the files or records of movable property discovered in areas with
confirmed archaeological potential, as defined above, under. a) and b).
(6) The National Archaeological Catalogue is updated every year, on the basis of the new
accidental, random and systematic archeological discoveries described and provided by the
specialized archaeological institutions.
Article 16. The National Archaeological Registry
(1) The National Archaeological Registry contains the list of the existing archaeological
sites of national and international importance which are included in the Registry of Monuments
of the Republic of Moldova and are officially protected by the state.
(2) The National Archaeological Registry is elaborated by the National Archeological
Agency on the basis of the National Archaeological Catalogue, in close collaboration with the
specialized archaeological institutions and is approved by Parliament according to the standard
legal procedures;
(3) The National Archaeological Registry is managed and maintained by the
Archaeological National Agency.
(4) The Archaeological National Registry is periodically updated by Parliament, on the
basis of the proposals and suggestions submitted by the Ministry of Culture and Tourism.
Article 17. The registry of archaeologists from the Republic of Moldova
(1) The Registry of Archeologists contains the list of the professional archaeologists from
the Republic of Moldova, which, according to the professional category they belong to, are
entitled to conduct archaeological surveys, as well as preventive, supervisory or systematic
archeological excavations.
(2) In accordance with the professional qualification attained, the archaeologist can be
certified or confirmed as belonging to the following professional categories: beginner, specialist
or expert. The archaeologist is paid according the legislation.
(3) The official examination and professional confirmation of the archaeologists
according to professional categories is conducted by the Ministry of Culture at the proposal of
the National Archaeological Commission.

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(4) The Registry of Archeologists is approved by the Ministry of Culture and the National
Archaeological Agency, according to the Regulation approved by an order of the minister of
Culture.
Chapter IV. THE PREROGATIVES OF THE LOCAL PUBLIC
ADMINISTRATION AUTHORITIES
Article 18. The responsibilities of the local public administration authorities
In order to protect the archaeological heritage and to comply with the legal provisions in
this regard, the local government authorities are endowed with the following main prerogatives:
a) to cooperate with the public agencies and institutions that are directly involved in and
responsible for the field of the protection of the archaeological heritage. This collaboration
concerns the application and the monitoring of the compliance with the decisions of these
organs;
b) to ensure the protection of the archaeological heritage which resulted from systematic
or preventive archaeological research, as well as from accidental or occasional archaeological
discoveries, and which is a part of the public or private domain within the given administrativeterritorial units. The local authorities should allocate adequate financial resources for this
purpose;
c) may cooperate with individuals or legal entities, within the purview of public or private
law, for the purpose of research funding and adequate storage and public use of the
archaeological discoveries;
d) to finance archaeological research with the aim of archeological discharging of the
fields on which public works initiated, funded and guaranteed by the local authorities have been
undertaken. The necessary amounts allocated for this purpose are to be distinctly and explicitly
included into the budgets devised for the works funded by the local authorities;
e) to include into the programs of economic, social and urban development, as well as in
programs for spatial and territorial planning, specific objectives concerning the protection of the
archaeological heritage. The local authorities approve the documentation on land use, territorial
planning and urban development in accordance with the expert opinions and the special permits
issued by the institutions and the subdivisions of the Ministry of Culture and Tourism. The
authorities are also required to develop or modify such documentation with the aim of
establishing the necessary measures for the protection of the accidentally revealed archaeological
heritage, according to the current laws;
f) to collaborate with the National Archeological Agency, providing updated information
on the applications for building permits / authorizations in areas with located archaeological
heritage;
g) to specify, in the certificates of urban development the legal regime of the buildings
situated in areas with located archaeological heritage;
h) to take the appropriate administrative measures and notify the owners and the holders
of effective ownership rights over these buildings about their direct obligations to prevent any
damage or destruction that might have an effect on the accidental archaeological discoveries.
Article 19. Specific prerogatives
In the field of the protection of the archaeological heritage located within the territory of
his / her administrative jurisdiction, the Mayor has the following specific prerogatives and rights:
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a) to decree the temporary suspension of the building permit and halt any construction works or
dismantling / demolishing activities in case any archaeological artifacts are accidentally
discovered. The Mayor should notify, within a 48-hour period, the relevant institutions within
the Ministry of Culture. The Mayor should also organize the security and protection of the
accidental archaeological discoveries until the specialized professionals may take them under
their custody;
b) to issue the authorization for construction or dismantling of works on the basis of and in
accordance with the approval issued by the National Archaeological Agency, as well as to
similar works in areas with accidentally revealed or discovered archeological heritage;
c) to ensure the security and protection of the archaeological heritage, immediately notifying
the relevant institutions within the Ministry of Culture about any non-compliance with the
law;
d) to have updated copies of the National archaeological catalogue and the part of the Registry
of archaeological sites which refers to the archaeological sites from the administered territory
range and check periodically, on the basis of these documents, the conservation state of the
sites;
e) to inform the local population about the archaeological sites from the administered territory
range, as well as about the protection measures of these cultural assets.
Chapter V. THE COLLABORATION OF STATE BODIES WITH PUBLIC
ASSOCIATIONS AND FOUNDATIONS WORKING IN THE FIELD OF THE
PROTECTION OF THE ARCHAEOLOGICAL HERITAGE
Article 20. The activity of the Parliament
The Parliament encourages, under current legislation, the activity of the public
organizations and foundations, as well as of private individuals who declare as their explicit
purpose the protection, recovery and public use of the archaeological heritage.
Article 21. The activity of the Government
The Government supports, following the provisions of the current legislation, support the
activities of the public organizations and foundations concerning the inventory, survey, research,
recovery and public use, relief, protection, preservation, restoration and promotion of the
archaeological heritage.
Article 22. The activity of the Ministry of Culture
The Ministry of Culture provides, following the request of the public organizations and
foundations, relevant information concerning archaeological sites, research programs, projects
aimed at the conservation, restoration or renovation of the archeological sites and assets. The
public organizations and foundations can, conversely, participate in the elaboration of the
programs for the research, relief, protection, conservation and restoration of the archaeological
sites.
Article 23. The activity of public associations
(1) The public organizations, which, according to their statutes and programs, seek and
aim at the protection and recovery of the archaeological heritage, enjoy the right to exercise
public control over the protection, recovery and public use of the archaeological sites.
(2) The public organizations have the right to require the immediate interruption of the
conservation, restoration or renovation works if these activities jeopardize the integrity of the
archaeological site or otherwise impinge on its historical value. They can approach the state
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institutions responsible for the protection of the archaeological heritage with concrete proposals,
relevant evidence and documentary proofs (approvals, authorizations etc.). They can also request
the initiation of the proceedings for a civil or criminal lawsuit. Finally, they can serve as
plaintiffs in cases of flagrant breaches of the present law.
(3) In order to promote the national archeological heritage and to facilitate the funding of
the research programs and heritage protection activities, the public organizations can create,
under the provisions of the current legislation, enterprises and workshops in the field of
conservation and restoration. They can also organize tourist itineraries, exhibitions; they may
open specialized shops and print their own publications.
CHAPTER VI. ZONES WITH MAJOR ARCHAEOLOGICAL INTEREST
Article 24. Zones with priority archaeological interest
(1) The sustainable development of the zones with major archeological interest is an
objective of national interest and the protection and valorization of the archaeological heritage
from these zones is a cause of public utility under the provisions of the current law.
(2) The funding of archaeological research, conservation, restoration and valorization of
the sites with major archaeological interest shall be done from the state budget.
(3) The expenses needed to elaborate the plans of management, archaeological research,
conservation, restoration and valorization of the sites with major archaeological interest can be
covered by co-funding, under the provisions of the current law, from the budget of local public
authorities in charge of the territories including these sites.
Article 25. Protection measures of the zones with priority archaeological interest
(1) Local public authorities in charge of the territories including zones of major
archeological interest have the obligation to consider administrative and archeological measures
necessary for the protection of archeological patrimony and its utilization through the integration
in the economical, social and territorial development plans of the localities.
(2) For this purpose the above mentioned authorities (see point 1) include in their budgets
funds necessary to insure:
a) the elaboration, and if necessary, modification of urban documentation and
territorial organization, so these would include necessary measures for protection and
explosion of the value of archeological patrimony;
b) the elaboration of special rules for zones protection;
c) the demarcation of the borders of the zone of major archeological interest and the
information of public regarding zones special regime of protection.
(3) For the implementation of the provisions from p. 2, the local public authorities could
benefit from special transfers from the state budget with special destination, in accordance with
the law.
(4) Town development and territorial planning documentation of the zones of major
archeological interest should be confirmed by the Ministry of Culture and by the central public
administration authority in construction and is coordinated with the local public administration
authority.
Article 26. Organization of special protection of sties of priority archaeological interest
Protection measures of the sites of priority archaeological interest and the funding means
of these measures is approved by the Government.
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Chapter VII. RESEARCH, PRESERVATION, AND RESTAURATION OF

ARCHEOLOGICAL HERITAGE
Article 27. Principles for research, conservation and restoration of the archaeological
heritage
(1) Research, preservation, and restoration of the archeological heritage are undertaken
according to the scientific norms and principals universally accepted.
(2) Research and preservation of the archeological objects are primary in comparison
with the works of restoration or reconstruction.
(3) All works of systematic research of archaeological sites which dont guarantee site
conservation will be stopped.
Article 28. Norm of research, conservation and restoration
The works of research, preservation, and restoration of the archeological heritage are
executed in accordance with the norms and indications adopted by the Government at the
suggestion of the Ministry of Culture, Academy of Sciences of Moldova, and other specialized
institutions.
Article 29. Technical documentation for research, conservation and restoration
(1) The works of research, preservation, and restoration of the archeological heritage are
executed in accordance with the technical documentation, elaborated on the bases of
multidisciplinary studies, and the agreement of the state institutions responsible for protection of
archeological heritage.
(2) The institutions responsible for the protection of archeological heritage are obliged to
prevent its deterioration, by insuring immediate work of research, preservation, and restoration.
(3) The institutions planning works of all kind under the ground and underwater are
obliged to coordinate the respective projects about the presence/absence of archaeological
remains with the National Archaeological Agency and provide for, if required, in the
expenditures sheet of these projects the necessary means for the safeguard of archaeological
remains at risk of destruction.
Article 30. Attestation of physical and juridical subjects for the works of research,
conservation and restoration
Research, preservation, and restoration are undertaken by physical and juridical subjects
from the country and abroad, specialized in corresponding field, confirmed by the Ministry of
Culture, at the suggestion of the National Archeological Commission and the National
Archeological Agency.
Article 31. Conservation, restoration and use of archaeological heritage
(1) Undertaking, replacement with replicas or models for the purpose of conservation, as
well as any utilization of components from the archeological heritage, discovered in result of
archeological excavations, is carried out on the basis of decisions of state institutions responsible
for the protection of archeological heritage.
(2) Conservation and reconstruction of archeological heritage for the purpose of its
exhibition and access of public is performed according to some state programs elaborated by
specialists and approved by the Ministry of Culture or, upon case, by the Government.

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Article 32. The inspection and monitoring of the archaeological heritage

The institutions responsible for protection of archeological heritage are obliged to
research and monitor systematically the condition of the archeological heritage in order to
elaborate scientifically grounded programs for works of research, preservation, and restoration.
Article 33 The beneficiaries of works of research, conservation and restoration of the
archaeological heritage
(1) The beneficiaries of the works of research, preservation and restoration could be the
owners or the keepers of any juridical title of the archeological heritage.
(2) The Ministry of Culture is the beneficiary of the works of research, preservation and
restoration through its specialized institutions, offering to the keepers of the archeological
heritage assistance with specialists, materials, as well as financial support.
Article 34. Payment of costs for research, conservation and restoration
State bodies and institutions, which ordered the works of research, preservation, and
restoration, pay for the expenditures only after the approval of the Ministry of Culture. The
expenses needed to correct inexactnesses or errors committed during the process of restoration
are covered by the executants.
Article 35. Responsibility for the archaeological heritage integrity during restoration
works
The contract between the keeper and executants of works indicates the subject
responsible for the integrity of archeological heritage during the works of restoration. The
contract mentions the actions of precaution, as well as the degree of accessibility of the
monument during the works. The contract includes as an attachment the minutes or the
agreement regarding the technical condition of the monument at the date of the start of workings.
Chapter VIII. EXPORT AND IMPORT OF ARCHEOLOGICAL ASSETS
Article 36. The final export of archaeological valuables
The final export of archaeological valuables is prohibited.
Article 37. The temporary export of mobile archaeological valuables
The temporary export of mobile archaeological valuables, for the aim of establishing
international relations in the field of history and culture, or for the execution of conservation and
restoration, scholarly expertise is allowed in the framework of conditions established by
authorization of temporary export of respective valuables, issued by the Ministry of Culture,
according to functioning legislation.
Article 38. The juridical regime of mobile archaeological valuables imported temporarily
Archeological movable valuables, property of foreign states, non-governmental
organizations and foreign citizens, imported temporarily are protected by the state under the
conditions of the present law and of respective contracts and should be exported back at the
request of the owners on the basis of the certificate that attests the import in the country and on
the basis of the export authorization of respective cultural valuables, issued by the Ministry of
Culture.

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Chapter IX. FUNDING THE ACTIVITIES FOR THE PROTECTION OF THE

ARCHAEOLOGICAL HERITAGE
Article 39. Means of funding
Funding the activity regarding the highlight, research, utilization, rescue, protection,
conservation and restoration of the archeological heritage is covered by the state budget through
the Ministry of Culture, Academy of Sciences of Moldova, other specialized institutions, from
the budgets of the territorial-administrative units according the programs coordinated with the
Ministry of Culture, from the funds of physical or juridical subjects which perturb the protection
of the archaeological heritage, from the revenues and donations of organizations which,
according their status, promote projects connected to the protection of the archaeological
heritage, from the funds and donations of physical and juridical subjects, as well as other legal
sources.
Article 40. Funding the activities of archaeological heritage safeguarding and research
(1) Funding the activities of safeguard and research of archaeological remains threatened
by destruction as part of construction projects or other activities in the underground or
underwater is done on the account of the organization interested in such works, according the
norms set by the Ministry of Culture.
(2) In exceptional cases, when the demolition of archeological site is inevitable (physical
or technical disjointing, deteriorations because of cataclysms), this is studied and preserved, with
the financial support of the organization interested in the undertaking of this work.
Article 41. The support of the protection of archaeological heritage activities
For the support of activities aiming at the highlight, research, valorification, safeguard,
protection, conservation and restoration of the archaeological heritage are allowed publication of
postcards, calendars, stamps, video materials which reproduce assets of the national
archaeological heritage, organization of tourism in the areas with archaeological heritage etc.
according the existing legislation and only with the decision of the Ministry of Culture, with the
endorsement of the National Archeological Commission and the National Archaeological
Agency. The income resulting from these activities are deposited on the special accounts of the
central and local public administration authorities and, upon case, on the accounts of the public
associations and foundations which are working on programs in this field with a public benefit.
Article 42.The rent of archaeological sites
Archeological sites could be rented in accordance with the existing legislation. The
keeper of the historic monument is obliged to protect the rented site on the basis of a contract
signed with the National Archaeological Agency providing exact obligations for the protection of
the historic monument and to present, at the request of respective authorities, information about
the condition of the site.
Article 43. The payment for renting the archaeological sites
The rental fee for archeological sites, including for rental of the territories parts of the
zones of protection, is deposited on a special account of the National Archeological Agency, and
is used only for protection, conservation and restoration of archeological sites.
Article 44. The fund for exceptional interventions
(1) The Government includes in the annual budget a central fund for exceptional
interventions for the safeguard of the archaeological sites, which is administered by the Ministry
of Culture.
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(2) The amount of the fund for exceptional interventions for the safeguard of the
archaeological sites is established according to the suggestions of the Ministry of Culture.
Article 45. The responsibility of local public administration authorities
District councils and local town halls include in their annual budgets necessary sums to
fund and co-fund the workings of supervision, research, valorification, safeguard, protection,
conservation and restoration of the archeological sites situated on their territories, coordinated by
the Ministry of Culture, according the existing legislation.
Article 46. Privileges for the activities regarding the protection of the archaeological
heritage
The state offers privileges, according to the functioning legislation, to physical and
juridical subjects involved in the production or acquisition from the country or abroad of raw
materials, equipment and tools needed for survey works, for research, valorification, safeguard,
protection, conservation and restoration of archaeological sites, on the basis of documentation
confirmed by the Ministry of Culture.
Chapter X. LIABILITY FOR VIOLATING THE PRESENT LAW
Article 47. Liability for violating the present law
(1) The physical and juridical subjects have civil, contravention and criminal liability,
according to the legislation, for:
a) carrying out archaeological research without authorization or certificate for
archaeological discharge of any works that may affect the archaeological sites;
b) unauthorized access with metal detectors and other remote sensing equipment and their
use in the zone with archaeological heritage without prior authorization;
c) selling and unauthorized ownership of metal detectors and other remote sensing
equipment;
d) carrying out unauthorized excavations in the zones with archaeological potential and
search for treasures;
e) intentional destruction and deterioration of archaeological sites;
f) removal from unauthorized archaeological excavations or from the zones with
archaeological potential of mobile archaeological heritage;
g) unauthorized selling of mobile archaeological heritage;
h) unauthorized export of archaeological assets;
i) hide of information regarding occasional discovery of archaeological remains from
public authorities;
j) violation of legal provisions regarding the transition in state property of treasures and
other archaeological assets discovered occasionally;
k) not submitting for approval to the empowered bodies the projects for construction and
other planning activities that may affect the archaeological heritage;
l) disrespect of the approval of the empowered bodies or the of the construction
authorization in the absence of this approval for the building/dismantling works in the zones with
archaeological heritage;
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m) unauthorized continuing of works of intervention on the soil in the zones where

archaeological heritage was registered;
n) disrespect of obligations for the protection of the archaeological heritage by physical
and juridical subjects;
o) violation of legal provisions regarding the free access of specialists in the zones with
archaeological heritage;
p) violation of legal provisions regarding the return of the sites which have been
archaeologically investigated at their initial condition;
(2) The material damage of archaeological sites or their parts by physical and juridical
subjects shall be repaired as provided in the legislation;
(3) The repair of the damage caused to archaeological sites and their parts shall be
performed voluntarily or on a court decision.
Chapter XI. FINAL AND TRANSITORY GUIDELINES
Article 48
(1) The present law enters into force within a 3 month period from the date of publication
in Monitoriul Oficial of the Republic of Moldova.
(2) The Government, within a 3 month period from the effective date of the present law:
a) shall create the National Archaeological Agency;
b) shall bring its normative acts in accordance with the present law;
c) shall present the Parliament proposals regarding the harmonization of the existing
legislation with the present law;
d) will ensure the execution of the present law by central and local public administration
authorities.
(3) The Ministry of Culture within a 3 month period from the effective date of the present
law:
a) will elaborate and present to the Government for approval the Regulation regarding the
organization and function of the National Archaeological Agency;
b) will approve:
- the Regulation of organization function of the National Archaeological Commission;
- the Regulation regarding the archaeological research and expertise;
- the Regulation regarding the National Archaeological Catalogue;
- the Regulation regarding the National Archaeological Registry;
- the Regulation of archeological cadastre;
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- the Regulation regarding the highlight and classification of the archaeological heritage;
- the Regulation regarding the Registry of archeologists from the Republic of Moldova;
- the Registry of archaeologists from the Republic of Moldova;
- the Ethical code of archaeologists from the Republic of Moldova;
c) will create a National Archaeological Commission.

PRESIDENT OF PARLIAMENT

Mihai GHIMPU

No. 218. Chiinu, 17 September 2010

http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=336857

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