Rules of procedure of transferring ownership of the places which can get revitalized to the “the Fund for Revival and utilization of the Cultural and Historical Buildings and Places”
Islamic of Republic of Iran
In His Great Name
May you grant peace and honor on Mohammad and his family
Iranian Cultural Heritage, Handicrafts and Tourism Organization
The Council of Ministers during its session held in 3/13/2010(1388/12/22), at the proposal No. 882/1-1533 in March 2009 of the Iranian Cultural Heritage, Handicrafts and Tourism Organization, in compliance with Article 138 of Constitution of Islamic Republic of Iran, approved the rules of procedure of transferring ownership of revivable relics and monuments to “the Fund for Reviving and Utilizing the Cultural-Historic Buildings and Places” as set out below:
Rules of Procedure of Transferring Ownership of Revivable Relics (properties and assets) Monuments to “the Fund for Reviving and Utilizing the Cultural-Historic Buildings and Places”
Article 1- In this rules of procedure, the following expressions are used as set out below:
Refers to the historic and cultural places and buildings of which capacities can be in compliance with contemporary needs (by confirming its current historic land-use or granting new appropriate land-use and wise utilization) taking into account the preservation and promotion of the place. The national exquisite relics are not subject to this rules of procedure in compliance with the Article 114, paragraph (G) of the Fourth Development Plan.
Revival is a purposeful process ( measures and actions) which is planned and applied aiming at enhancing preservation, assuring the survival of the place, granting appropriate land-use in order to have a better utilization, taking into account the authenticity and integrity.
Appropriate land-use of revivable cultural and historic buildings and places are defined in compliance with the following points:
1. Being respondent to contemporary needs and applicant’s inquiry
2. Being complied with governing rules and regulations
3. Preserving and promoting historic, cultural, artistic, structural, natural and spiritual values of the relics
4. Benefiting from capacities and social, economic and historical advantages of the relics
A set of direct and indirect activities and measures implemented by the Fund, the Organization, or other governmental entities and urban management in order to realize appropriate revival and utilization during different stages of reviving provided for the owner, investor, beneficiary and ultimate consumer .
A set of strategies, solutions, measures and activities adopted to achieve capacities and capabilities at national and international levels for revival and utilization of cultural and historic places.
Utilization is a process which is required to be done following the revival and restoration in order to apply land-use to benefit from economic capacities.
Owner or possessor of the relics:
An individual or entity that poses the relic or monument legally, permanently or temporary.
A national or foreign individual or entity that is responsible for implementing revival and restoration project and is authorized by the beneficiary.
Refers to a person or entity that is morally, professionally and technically eligible to take the responsibility of utilization management of historic and cultural places and enjoys utilization permission.
A set of measures implemented considering the type of utilization, technical and historical specifications in compliance with approved rules of procedures.
All activities and measures adopted for assurance of accuracy and quality of implementation of restoration, utilization, maintenance and management of the place and realization of commitments between parties.
Article 2- The ownership of historic and cultural places and buildings (attached) sealed by the office of the Government Council and subjects of protocols NO.H39680T/35735 dated 5/28/2008(1387/3/8) and NO. H41284T/202052 dated 2/3/2009(1387/11/5), transferred to the Fund for appropriate revival and utilization of cultural and historic buildings and places and supplying a part of the Fund of Revival and Utilization of Cultural and Historic Places and buildings’ capital.
Note- The price of the mentioned cultural and historic buildings is determined by a board, chaired by a representative assigned by the President of Iranian Cultural Heritage, Handicrafts and Tourism Organization, hereinafter referred to as “The Organization”, with the presence of three official judicial experts and recorded as the Fund’s capital.
Article 3- In each stage of ownership, restoration, revival, equipping and utilization, the fund can proceed in terms of the civil or commercial partnership, leasing, hire-purchase and selling of these buildings, in compliance with rules and regulations.
Article 4- The Fund is permitted to identify, maintain or change land-use of historic and cultural buildings towards optimized utilization. Related entities and institutions are obliged to act in the framework of land-use approved by the Fund.
Article 5- The base price for selling, leasing, hire-purchase and civil or commercial partnership of historic and cultural places and buildings will be determined by the Fund according to assessment made by representative elected by the board of trustee and average assessment of three official judicial experts.
Article 6- Regulations on the Conservation of relics shall be announced to the beneficiary and those projects of restoration, revival and utilization of places and buildings subject to this rules of procedure, are applicable after approval and notification by the Fund.
Article 7- The Fund is allowed to proceed in ownership, restoration, revival and utilization and transferring the revivable places and buildings possessed by private sector in collaboration with individuals or legal entities or other legal resources.
Article 8- For the qualitative and quantitative enhancement of the Fund’ activities along with its financial and technical capacities, in order to support owners, investors and beneficiaries of buildings and places subject to this rules of procedure, at the proposal of the Organization, Vice-Presidency for Strategic Planning and Supervision, will forecast an annual credit as a contribution to the Fund as its annual budget.
Article 9- In order to promote public participation in appropriate conservation, revival and utilization of cultural and historic relics, the following financial supports will be provided in the framework of approved credits.
A) Providing expenses of planning and implementing restoration operations which are essential for survival of the original relic at the request of private owner and recognized by the Organization.
B) Providing financial support for planning and implementing revival projects and appropriate utilization of the relics at the request of private owners and recognized by the Organization.
Article 10- The equivalent of legal governmental expenses, taxes and charges pertaining to land-uses change of said buildings will be provided from the Organization’s credits as the Government’s contribution in compliance with pertinent regulations.
Article 11- The cultural and historic relics inscribed in national heritage list, will be considered as tourism establishment and enjoy pertinent advantages.
Note- If the granted land-use to said buildings and their revival and utilization require more contribution from tourism sector; it will be subject to the aforementioned contributions.
Article 12- The organization will pave the way for cooperation of insurance institutions to insure the original relics (monuments and assets) and investment for their revival and utilization. A part of insurance fee will be remitted from approved annual credits as the Government contribution.
Article 13- The Ministry of Housing and Urban Development will consider revival of historic areas as priorities, taking into account organizing public spaces and pedestrians, enhancing level of urban service and technical measures required for urban establishments in compliance with conservation regulations and providing urban facilities.
Note- The domain of historic areas, their conservation regulations and also conservation regulations and land-use of single buildings located in the historic areas, will be determined by the Organization.
Article 14: Ministries, Organizations, institutions and public corporations should select required buildings among those revivable historic buildings of which land-use is compatible with approved plan of executive administration as priority for restoration, revival and utilization under the supervision of the Organization.
Article 15- National Land and Housing Organization, municipalities, Forests, Range and Watershed Management Organization and the Department of Environment will transfer inscribed historic relics in the form of lease, hire-purchase, partnership, transferring management and selling according to approved revival plan and considering regulations pertinent to the Organization request.
Article 16- In order to provide required conditions for investment in revival utilization of cultural and historic buildings and places according to signed contracts with banks and other governmental and non-governmental credit institutions, the Organization will pave the way for owners or investors to benefit bank facilities, and will pay 5% of the interest of granted facility in compliance with related regulations as a governmental contribution to the operating bank.
Article 17- Attracting foreign investors and the way of partnership of foreign individuals and legal entities for revival and utilization of cultural and historic building, shall be on the basis of “Foreign Investment Promotion and Protection Act” (FIPPA) approved in 1380 (2001) and its rules of procedures.
Mohammad Reza Rahimi
The First Vice President of Islamic Republic of Iran
The office of the Supreme Leader, The office of the Head of Judiciary Power, The office of the First Vice President, The office ofVice- Presidentfor Legal and Parliamentary Affairs, The office ofVice- Presidentfor Executive Affairs, The office of ExpediencyDiscernment Council, The Supreme Audit Court, The Common Court of Justice of I.R Iran, The Laws Department for the Islamic Parliament of Iran, The General Inspection Organization of Iran, The Laws and Regulations Department of Iran, All Ministries, Organizations and Public Institutions of I.R. Iran, Islamic Revolution Institutions, Official Newspaper of I.R. Iran The Secretariat of Government Information Council, The office of Cabinet of Iran