Act No. 203 / 2006 Coll.
Law on certain types of cultural support and on the amendment of certain related laws
Valid
Effective from 17.05.2006
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203
THE LAW
of 12 April 2006
on certain types of cultural support and amending certain related laws
Parliament has decided on this law of the Czech Republic:
CERTAIN SPECIES OF CULTURE AID
Subject matter
This Act regulates certain types of aid granted by the State on behalf of which the Ministry of Culture ("the Ministry ') acts in the field of culture, the rights and obligations of providers and recipients of such aid, as well as certain other relations relating to its provision.
Public cultural services
Public cultural services are services consisting of making art and cultural heritage available to the public and obtaining, processing, protecting, preserving and making available information to satisfy the cultural, cultural or cultural educational needs of the public.
State cultural contribution organisations
(1) The Ministry may establish a state contribution organisation for the purposes of promoting culture and ensuring the provision of public cultural services. Under similar conditions, the Ministry may also decide on the division, merger or, where appropriate, the merger of existing state contribution organisations or the abolition of such contributions. The Ministry shall also decide on changes in the data contained in the instrument of incorporation.
(2) The instrument of establishment shall contain in particular:
(a) the designation of the founder of the State Contribution Organisation;
(b) the name, registered office and identification number of the person (hereinafter referred to as "identification number") of the State contribution organisation; the name must exclude the possibility of confusion with the names of other State contribution organisations;
(c) the date, month and year of establishment of the State Contributory Organisation;
(d) determining the period for which the State contribution organisation is set up and, where appropriate, indicating that it is set up for an indefinite period;
(e) the definition of the purpose for which the State contribution organisation is established and the corresponding subject matter of the main activity;
(f) the definition of the assets entrusted by the Ministry to the State Contribution Organisation when it is established;
(g) designation of the statutory body and definition of the basic organisational structure of the State contribution organisation;
(h) the date of issue of the instrument of incorporation;
If changes are made to those data, the Ministry shall issue an addendum to the instrument of incorporation.
(3) The Ministry will assign an identification number provided by the administrator of the basic register (6) to the newly created state contribution organisation.
(4) The creation, division or merger of a State contribution organisation shall take place on the date laid down in the instrument of incorporation or its amendment.
(5) If a state contribution organisation has been abolished, the Ministry shall also cancel its instrument of incorporation. The State contribution organisation shall cease on the date on which its instrument of incorporation was revoked.
(1) In the event of the division, merger, merger or cancellation of a State contribution organisation, the Ministry shall at the same time decide to what extent and to which the State contribution organisation established by it or managed by it will take over the liabilities of the dissolved or divided or merged State contribution organisation or State contribution organisation which blends with another, including the rights and obligations of the employment relationship which it was the carrier of, or decides that the said obligations or rights and obligations will be taken over by the Ministry. In addition, the Ministry shall decide which State contribution organisation it has established or managed will be responsible for the management of the property with which the distributed or merged State contribution organisation or State contribution organisation has been responsible, which blends with another State contribution organisation or abolished State contribution organisation; decide, where appropriate, that the management of such property is transferred to the Ministry.
(2) The creation, division, merger, merger or cancellation of the State Contributory Organisation is notified by the Ministry within 30 days of the date on which the said fact occurred in the Central Journal of the Czech Republic. The notification shall include the designation of the contractor of the State Contribution Organisation, its name, registered office, identification number and date, month and year of origin, division, merger, merger or termination.
Insurance of assets borrowed by a state contribution organisation for exhibition activities
(1) A state contribution organisation, the main activity of which is an exhibition activity (the borrower), may insure works of art and other cultural goods (1) (hereinafter referred to as the subject matter), which are not owned by the Czech Republic or are owned by the Czech Republic, but is managed by another state contribution organisation, another legal entity or organisation of the State, if necessary for the implementation of a permanent exhibition or transitional exhibition (hereinafter referred to as the exhibition) organised by the borrower. In the event that the exhibition is organised by a State on whose behalf the organizational body of the State is acting, it may insure the subject-matter borrowed under this law on behalf of the State.
(2) The borrower may insure the borrowed item only after prior written agreement with the owner of the borrowed item (hereinafter referred to as the borrower), in which the value for which the borrowed item is to be insured is agreed, the period from the borrower to the time when the borrowed item is transferred by the borrower to a place agreed with the borrower (hereinafter referred to as the "exhibition period ') and the security, transport and other conditions of protection of the borrowed item. The borrower shall not insure the object borrowed to a greater extent than that resulting from that agreement. Where the borrower is a territorial body, the donor organisation which manages the subject shall be considered to be the borrower.
(3) If the borrowed item is insured by the lender during the exhibition, the lender may agree to replace the part of the premium corresponding to the time of the exhibition. In the agreement on the reimbursement of part of the premiums, the borrower and the borrower must further agree on the method and place of taking over the borrowed item by the borrower, the method and place at which the borrowed item is to be transferred by the borrower after the end of the exhibition, as well as the security, transport and other conditions of protection of the borrowed item.
(4) Save as otherwise provided for in this law, the means and conditions of insurance of the special legislation of m2 are governed).
Compensation for the subject matter borrowed
(1) The borrower may agree with the borrower that, instead of insurance of the borrowed item, he shall make good any damage arising from the exhibition on the borrowed item to the extent and under the conditions laid down in this Act. The borrower shall be entitled to conclude such an agreement only if he has concluded an agreement with the State in which the State undertakes to provide him, under the conditions laid down in this Act, with an amount corresponding to the damage incurred during the period of the exhibition by the borrower during his damage, destruction, loss or theft, even where the damage arises as a result of facts arising from the borrower's will, including strike, terrorism, vandalism, natural disasters, unforeseen environmental events or industrial accidents (hereinafter referred to as "compensation for the borrowed item '). The agreement between the State and the borrower to grant compensation for the object borrowed requires approval by the Ministry of Finance. Where the borrower is a territorial body, the donor organisation which manages the subject shall be considered to be the borrower.
(2) The agreement between the State and the borrower to grant compensation for the subject may be concluded only for the subject which is not owned by the Czech Republic, the value of which is agreed between the borrower and the borrower in excess of CZK 100 000 and which is not insured to the extent specified in paragraph 1. Reimbursement of an object borrowed may not be granted in cases where the damage is caused by an armed conflict or by a borrower or where the object borrowed is changed as a result of its ageing.
(1) The borrower shall submit a request to the Ministry for the conclusion of an agreement to grant compensation for the subject-matter borrowed not later than 6 months before the beginning of the exhibition on which the subject is to be issued. The application shall be submitted by the borrower on a form the model of which is set out in the Annex to this Act. The lender's application shall be accompanied by the lender's written consent to compensate the lender for the damage suffered on the subject instead of the insurance and the maximum amount that the lender may require to compensate the lender.
(2) If the application does not contain all the required information or is not accompanied by the requested annex, the Ministry of Borrowing shall invite the borrower to remedy the deficiencies and shall set a reasonable time limit for that.
(3) The Ministry will examine the borrower's request and, if it intends to comply with it, submit to the borrower, within 2 months of its receipt, a draft agreement to grant compensation for the subject to the loan. If the Ministry does not intend to comply with the request, it shall inform the borrower within the same period. The Ministry may conclude an agreement to grant compensation for an object borrowed with the borrower if the application submitted by the borrower indicates that the articles borrowed will be adequately protected from damage, destruction, loss or theft during the exhibition.
(1) The agreement between the Ministry and the borrower to grant compensation for the subject of the loan may include arrangements concerning several borrowers and more borrowed items, shall be in writing and shall include in particular:
(a) the name, registered office and identification number of the Ministry;
(b) the name, registered office, identification number and bank connection of the borrower;
(c) the designation of the borrower,
(d) the name of the exhibition;
(e) the place and date of the exhibition,
(f) the extent of the compensation for the subject-matter borrowed pursuant to Article 6 (1) and the period of the exhibition covered by the agreement;
(g) the total amount of compensation for the articles borrowed to which the Agreement applies, including the number of articles borrowed;
(h) an arrangement on the borrower's obligation to inform the Ministry of the conclusion of individual agreements between him and the borrower pursuant to Paragraph 6 (1).
(2) An integral part of the agreement to grant compensation for the subject-matter borrowed shall be a list of the articles borrowed, listing their identification details and the amounts which the borrowers require as compensation for each subject-matter borrowed, the names or names and surnames of each lender and their registered office or place of permanent residence or residence.
(3) The borrower and the borrower are obliged to draw up and sign a report on the borrower's condition at the date of taking over the borrowed item. On the date on which the subject is transferred to a place agreed with the borrower, they shall be required to draw up and sign an alert to the Protocol on its status.
(1) The borrower who has agreed with the borrower that the borrower will make good the damage suffered by the borrower instead of the insurance of the borrowed item (Paragraph 6 (1)), must notify the borrower of the damage suffered by the borrower on the borrowed item covered by the agreement granting compensation for the borrowed item, in writing without undue delay after he has become aware of the damage suffered, but no later than 30 days after the date of expiry of the exhibition, otherwise his right to compensation under this law shall cease. The borrower shall inform the Ministry without delay of the notification of the damage.
(2) The amount of the refund for the article borrowed is determined as follows:
(a) if the borrowed object is lost, stolen or destroyed and this has been recognised by the borrower and the Ministry, the compensation for the borrowed item shall be the amount specified in the agreement granting the refund for the borrowed item;
(b) if the subject is damaged, the allowance for the subject is equivalent to:
1. the amount of the price of restoration of the borrowed object, the size and price of which shall be agreed by the borrower, the borrower and the Ministry; and
2. the difference between the value of the borrowed item referred to in the agreement granting the refund for the borrowed item and the value it has as a result of damage and restoration, provided that the borrower, the borrower and the Ministry agree that the depreciation took place.
(3) The Ministry shall have a right against the person who caused the damage to the object in question by its damage, destruction, loss or theft to compensate for the amount which it has provided as compensation for the object in question; This shall be without prejudice to the right of the borrower to compensation for damage to an extent exceeding the amount paid to him by the borrower for the compensation referred to in paragraph 2.
Artists Register
(1) The Ministry shall keep a register of artists. The register of artists is a public administration information system and its administrator is the Ministry.
(2) For the purposes of registration in the register of artists, an artist is a natural person who carries out an artistic activity, an artistic activity or an activity directly related to an artistic activity (hereinafter referred to as an artist's activity).
(3) Artist's status is understood as a certificate of entry in the register of artists.
(4) The Ministry shall enter the following information in the register of artists:
(a) the name, surname and place of permanent residence or residence;
(b) type and focus of activity;
(c) changes in the data referred to in points (a) and (b);
(d) cancellation of registration in the register of artists.
(5) The data kept in the register of artists are private.
(6) Data kept in the register of artists shall be accessed remotely by public authorities to the extent necessary to carry out their tasks.
(7) The Ministry provides data from the register of artists upon request
(a) artists, as regards the information on it,
(b) to another person on the basis of the written consent of the artist for whom the information is requested.
The Ministry shall, upon request, register an artist who carries out the work of an artist for at least 24 months in the three years immediately preceding the date on which the application for registration was made.
(1) The application for registration in the register of artists is submitted by the artist. The application shall not contain false or grossly distorted data and shall include, in addition to the general requirements laid down in the Administrative Rules, documents proving the performance of an artist's activities for at least the period laid down in Paragraph 9b.
(2) The performance of the work of an artist shall be demonstrated for at least the period laid down in Paragraph 9b by supporting the contractual relations with which the work of an artist is carried out and the performance of the duties contracted therein or by other evidence of the performance of that activity.
(3) If an artist demonstrates the performance of an artist for at least the period laid down in Paragraph 9b in accordance with paragraph 2, the Ministry shall register him within 30 days of the date of the application and issue him the status of artist with effect on the date of registration.
(4) If the artist fails to demonstrate the performance of the work of the artist for at least the period laid down in Paragraph 9b in accordance with paragraph 2, the Ministry shall decide not to register the artists; an artist may lodge a new application in the same case not earlier than six months after the date on which the decision not to register becomes final.
(1) An artist registered in the register of artists is obliged to notify the Ministry without undue delay
(a) the fact that he has not been engaged for more than 24 months in succession in the performance of the artist's register;
(b) an amendment to the data entered in the register of artists.
(2) The Ministry shall decide to cancel the registration of an artist in the register of artists if:
(a) the artist requests the cancellation of the registration in the register of artists;
(b) the artist does not perform for more than 24 months a consecutive activity of the artist for whose performance he has been entered in the register of artists;
(c) it shall be established that the entry in the register of artists has been made on the basis of incomplete, false or grossly distorted data.
(3) The Ministry shall cancel the registration of the artist in the register of artists without undue delay after it has become aware that the artist has died or has been declared dead.
(4) The data of the Artists Register shall be processed for the duration of their registration in the Artists Register and for 10 years from the date of cancellation of the Artists Register.
If circumstances worthy of special consideration so require, the Ministry shall, at a time of emergency under another legislation, declare a grant programme in which artists registered in the register of artists who, as a result of the announcement of an emergency condition, are unable to carry out the activity of the artist.
Scholarship
(1) For the purposes of this Act, a scholarship means a contribution from the State Budget (3) to creative or learning purposes.
(2) The Ministry may grant a scholarship to an applicant who fulfils the following conditions:
(a) is not a student of a secondary school or conservatory or a student of a preschool or daily study of a higher vocational or university;
(b) is entered in the register of artists and has been given the status of artist;
(c) does not carry out dependent work on the day on which the application for a scholarship is submitted in accordance with specific legislation to an extent exceeding 20 hours per week; and
(d) its amount of revenue from the performance of the work of an artist
1. make up at least half of its total pre-tax income for the last 24 months preceding the day on which the application for a scholarship was submitted; and
2. On average this period did not exceed the average wage in the national economy for the first to third quarters of the calendar year preceding the calendar year of the application for a scholarship, declared by the Ministry of Labour and Social Affairs in accordance with the Employment Act.
(3) The creative purposes referred to in paragraph 1 shall include a creative activity or a creative stay of between 6 months and 2 years, with the possibility of an extension of not more than 1 year, resulting in the creation of an artwork. The study purposes referred to in paragraph 1 shall include a study stay of at least 1 month in the case of an important artistic, scientific or other specialised workplace resulting in the acquisition of experience and background for other artistic, scientific or other professional activities, where appropriate the study or creation of a work.
(4) The scholarship may be granted repeatedly to the same applicant. There is no legal claim to grant a scholarship.
(1) Scholarships may be provided from the State budget only on the basis of a programme implemented under the specific legislation governing the budgetary rule (4).
(2) The Ministry shall publish, at least once a year for the following financial year, by means of the press and in a way enabling remote access, a selection procedure for the award of scholarships, including its rules and deadline for applying for a scholarship and for the publication of the results of the selection procedure.
(1) The scholarship may be granted following a written request from the Ministry containing:
(a) the name, surname and place of residence of the applicant;
(b) the name of the project and its brief content, including the justification and expected result;
(c) the timetable and place of implementation of the project;
(d) the budget of the project;
(e) the required amount of the scholarship.
(2) The application referred to in paragraph 1 shall be accompanied by:
(a) a declaration by the applicant that he does not have arrears after due date on the date on which the application is submitted in relation to the national budget, the State Fund, the budget of the local authority or the health insurance undertaking;
(b) a statement by the applicant that there is nothing to prevent his participation in the project from being awarded a scholarship;
(c) an overview of the artist's current activities;
(d) in the case of an application for a scholarship for study purposes, the offer and conditions of the place of study,
(e) an affidavit of compliance under § 10 (2) (c) and (d).
(3) Where a study stay is declared by the Ministry, the application shall not contain the particulars referred to in paragraph 1 (c) to (e) and the Annex referred to in paragraph 2 (d).
(4) If the application does not contain one of the elements referred to in paragraph 1 or one of the annexes referred to in paragraph 2, the Ministry shall invite the applicant to remedy the deficiencies within a reasonable time.
(5) If the application does not contain one of the particulars referred to in paragraph 1, one of the annexes referred to in paragraph 2 or if the applicant does not remedy the deficiencies within the time limit referred to in paragraph 4, the Ministry shall reject it and inform the applicant accordingly.
(6) After the application has been submitted, the applicant shall inform the Ministry in writing of any change to the information contained in the application which may affect its assessment within 5 calendar days of the date on which it became aware of such change. If the Ministry finds that the applicant has infringed this obligation, it shall invite it to remedy the deficiencies within a reasonable period of time and if it has not remedied the deficiencies within that period, the Ministry shall reject the application and inform the applicant accordingly.
(1) Applications for grants submitted shall be examined by the advisory body designated by the Ministry, which shall always assess the quality of the project and its social needs, the contribution to the field concerned and the results of the applicant's activities and, where appropriate, the other criteria set out by the Ministry in the selection procedure provided for in Article 11 (2). The advisory body shall submit to the Ministry a final draft of the ranking of applicants recommended for the award of the scholarship.
(2) The composition of the advisory bodies and the manner in which they operate shall be regulated by the rules of procedure of the Ministry.
(1) The scholarship is granted on the basis of a grant contract concluded between the Ministry and the applicant, which must be in writing and contain in particular:
(a) the name, registered office and identification number of the Ministry;
(b) the name, surname and place of residence of the applicant;
(c) name and description of the project;
(d) the purpose for which the scholarship is provided, including the objective of the project, the expected result and the method of verifying its achievement;
(e) the budget for the total cost of implementing the project;
(f) the timetable and place of implementation of the project;
(g) the amount of the funds provided, their maturity;
(h) the form of provision of funds;
(i) the bank connection of the applicant;
(j) an undertaking to process and submit to the Ministry a report on the implementation of the project and its results, including the scope and timing of the submission;
(k) the method of billing the scholarship;
(l) method of control by the Ministry, including control of the use of the funds provided;
(m) how the project data and results are published;
(n) the manner in which disputes are resolved;
(o) penalties for breach of contract,
(p) the date of acquisition and termination of the contract;
(q) the signatures of the Contracting Parties.
(2) Unless otherwise provided for in this law, the grant contract is governed by the provisions of the Civil Code.
The conditions for the use of the scholarship, its billing, control and application of sanctions are governed by the general rules governing the management of State budget5).
Transfers
(1) An artist registered in the register of artists commits an offence by:
(a) in the application for registration in the register of artists referred to in Article 9c (1), false or grossly distorted data; or
(b) fails to comply with the notification requirement under Paragraph 9d (1).
(2) A fine of up to CZK 20,000 may be imposed for the offence referred to in paragraph 1.
(3) The transfers referred to in paragraph 1 shall be discussed by the Ministry.
Amendment of the Income Tax Act
Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 99 / 2004, Act No. 100 / 2004, Act No. 99 / 2004, Act No. 99 / 2004, Act No. 99 / 2004, Act No. 99 / 2004, Act No. 99 / 2004, Act No. 96 / 2004, Act No. 99 / 2004, Act No. 99 / 2004, Act No. 2004, Act No. 99 / 2004, Act No. 99 / 2004, Act No. 2004, Act No. 99 / 2004, Act No. 99 / 1999, Act No. 2004, Act No. 2004, Act No. 99 / 2004, Act No. 2004, Act No. 99 / 2004, Act No. 2000, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 99 / 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 1999, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No.
1. In Paragraph 4 (1) (f), first sentence, the word "a 'is replaced by a comma and at the end of the sentence, the words", and the cultural valuationsunder special legislation12a)' are added.
Footnote 12a:
"12a) For example, Government Decree No. 5 / 2003 Coll., on Awards in the Field of Culture, awarded by the Ministry of Culture, as amended by Government Decree No. 98 / 2006 Coll., Act No. 130 / 2002 Coll., on Public Aid for Research and Development and on the amendment of certain related laws (Act on Support for Research and Development), as amended. '
2. In Article 4 (1), at the end of the text of point (zg), the words "and gifts provided to natural persons for the provision of public cultural services," shall be added.
3. In Paragraph 19, the dot is replaced by a comma at the end of paragraph 1 and the following point (zp) is added:
"(zp) cultural valuationunder specific legislation12a."
Amendment of the Act on the Protection of Collections of Museums and on the Amendment of Certain Other Laws
In Act No. 122 / 2000 Coll., on the Protection of Collections of Museums and on the Amendment of Certain Other Acts, as amended by Act No. 186 / 2004 Coll. and Act No. 483 / 2004 Coll., Section 15a is deleted.
Amendment to the Act on State Monument Care
Act No. 20 / 1987 Coll., on State Monument Care, as amended by Act No. 242 / 1992 Coll., Act No. 361 / 1999 Coll., Act No. 122 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 146 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 18 / 2004 Coll., Act No. 186 / 2004 Coll., Act No. 1 / 2005 Coll., Act No. 3 / 2005 Coll., the Constitutional Court Act No. 240 / 2005 Coll. and Act No. 186 / 2006 Coll., are amended as follows:
1. In the second sentence of Article 1 (1), the word "making available 'shall be inserted after the word" maintaining'.
2. In the first sentence of Article 1 (2), the word "making available 'shall be inserted after the word" protection'.
3. in Article 26 (2), point (f) shall be deleted;
Points (g) to (k) shall be renumbered as points (f) to (j).
4. In Paragraph 26 (2) (g), the words "and, for the evaluation of their work, in the case of exceptional work results, the award of the prize for historical care 'are deleted.
EFFECTIVE
This Act shall take effect on the day of its publication.
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Regulation Information
| Citation | Act No. 203 / 2006 Coll., on certain types of cultural support and amending certain related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.05.2006 |
|---|---|
| Effective from | 17.05.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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