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LAW OF THE REPUBLIC OF MOLDOVA

of January 22, 1992 No. 880-XII

About archive fund of the Republic of Moldova

(as amended on 09-06-2022)

Chapter I General provisions

Article 1. This Law determines the basic principles of the organization of activities for completing to accounting and, to storage and use of Archive fund of the Republic of Moldova.

Article 2. The archive fund of the Republic of Moldova is national property and reflects processes of social and political, state, economic and welfare development of our people, the national groups living and living in the republic.

Article 3. Preserving documents of Archive fund of the Republic of Moldova is obligation of organizations, organizations and companies irrespective of type of property and form of business, each citizen of the Republic of Moldova.

Chapter II Archive fund of the Republic of Moldova

Article 4. The archive fund of the Republic of Moldova includes: State archive fund. The public archive fund, archive funds of physical persons and also documents and archives in the past exported from Moldova which are in ownership of public institutions and public organizations or physical persons of other countries now.

Article 5. The state archive fund consists of the documents which are on permanent storage in the Public Records Offices and the state special storages of the republic, and also the documents which are on temporary storage in state governing bodies, degrees of jurisdiction, prosecutor's office, in other public institutions, the organizations and at the companies which are hereinafter referred to as with legal entities.

The structure, management, procedure for completing, accounting, storage and use of the State archive fund are determined by the Regulations on the State archive fund approved by the Government.

Article 6. The public archive fund includes archive funds of batches, other social and political organizations and movements, cultural associations, the trade-union, public, cooperative, confessional organizations, joint-stock and other enterprises which are not property of the state, the creative unions and scientific organizations registered and recognized in accordance with the established procedure by legal entities if their documents do not belong according to article 5 of this Law to category of the documents belonging to the State archive fund.

Article 7. Archive funds of physical persons include the archive documents of personal origin formed as a result of activities of the individual, family, the sorts and also collected or acquired by them by inheritance, purchase or donation if the specified documents are not referred according to article 5 of this Law to category of the documents belonging to the State archive fund.

Article 8. The documents of archives exported in the past from Moldova and which are now in ownership of public institutions, public organizations or at certain physical persons of other countries belong to category of the archive documents of the Republic of Moldova which are located abroad.

Chapter III Property on documents of archive fund of the Republic of Moldova

Article 9. Documents of the State archive fund are property of the Republic of Moldova and are protected by the state. They cannot be subject to purchase and sale or other transactions and are provided only in use.

Article 10. Documents of Public archive fund are property of legal entities - asset holders.

Article 11. Documents from archive fund of physical persons are private property of these persons.

Article 12. Owners of documents possess rights of possession, orders and uses of them in the limits set by the current legislation. The rights of the owner of documents according to its special authorization can are performed by State body of supervision and management of Archive fund of the Republic of Moldova and the Public Records Offices, and concerning documents from archive fund physical person the state special or public storages.

Article 13. The state can receive archives of physical persons in the property only from their consent. In case of sale of the archive document or all archive of physical person the Public Records Office has the privilege of purchase.

Article 14. In case of impossibility of establishment of the owner of archive or loss of the property right by it the archive passes into state-owned property.

Article 15. The transfer of property on documents to another is performed by one legal entity with the permission of State body of supervision and management of Archive fund of the Republic of Moldova.

Article 16. The transfer of property on documents of the State archive fund is allowed only based on the judgment.

Article 17. The government cares that the documents of the Republic of Moldova which are located abroad were returned to the republic. It encourages, supports and finances return of these values as national property.

Article 18. All legal entities of the Republic of Moldova shall accumulate the documents developed in the course of their activities. Systematization, accounting and storage of the above-named documents is performed according to the procedure, established by State body of supervision and management of Archive fund of the Republic of Moldova.

Chapter IV Accounting and document storage of archive fund of the Republic of Moldova

Article 19. Documents of Archive fund of the Republic of Moldova are subject to the state accounting. The state body of supervision and management of Archive fund of the Republic keeps the Share directory which includes data on structure and contents of documents of the State archive fund and Public archive fund.

Article 20. The Public Records Offices, the state special storages, and also legal entities whose documents and archives belong to Public archive fund shall represent annually for the Share directory of Archive fund of the Republic of Moldova accounting documents in accordance with the established procedure.

In Share the directory of Archive fund of the Republic of Moldova data on archive funds and collections of documents of physical persons with the consent of asset holders can be included.

Article 21. Documents of the State archive fund are subject to permanent storage in the Public Records Offices and the state special storages.

The network of the Public Records Offices affirms the Government.

Article 22. The state special storages are created in the Ministry of Defence, the Ministry of Foreign Affairs and European Integration, the Ministry of Internal Affairs, Service of information and safety, State inspectorate for supervision of non-food products and consumer protection, Academy of Sciences of Moldova, the museums and libraries of the Ministry of Culture, the State fund of information on subsoil of the Agency for geology and mineral resources, the Public hydrometeorological service of the Ministry of the environment.

Use of the documents stored in the state special storages is performed according to this law.

Acquisition by the state special storages of the authentic documents belonging to legal entities of other industries is forbidden.

Article 23. Documents of the State archive fund before their transfer on permanent storage to the Public Records Offices are on temporary storage in organizations, the organizations, at the companies.

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