1379 OF 2010

(15 January)

Official Journal No. 47.593 of 15 January 2010

PUBLIC POWER-LEGISLATIVE BRANCH

By which the national network of public libraries is organized and other provisions are dictated.

COLOMBIA CONGRESS

DECRETA:

TITLE I.

GENERAL PROVISIONS.

ARTICLE 1o. OBJECT OF LAW AND SCOPE. This law aims to define the policy of the National Network of Public Libraries, regulate its operation and establish the instruments for its integral and sustainable development.

This law applies to institutions, entities, processes and resources related to the National Network of Public Libraries coordinated by the Ministry of Cultura-National Library of Colombia.

The provisions of this law do not apply to the library network of the Bank of the Republic, or to the clearing boxes, to school or university libraries or in general, to any other library or library system that do not participate in the National Public Library Network.

ARTICLE 2o. DEFINITIONS. For the purposes set out in this law, the following definitions are used:

1. Book: Scientific, artistic, literary, cultural or any other kind that constitutes a unitary publication in one or more volumes and which may appear in print or in any support capable of reading.

2. Library: An organizational structure that, through the technically appropriate processes and services, is intended to facilitate the access of a particular community or group of users to documents published or disseminated in any medium.

3. Digital Library: Organized collections of digital content that are made available to the public. They may contain digitised materials, such as digital copies of books and other documentary material from libraries, archives and museums, or based on information produced directly in digital format.

4. Documentary collection or bibliographic background: Set of documents in any medium that are part of a library. Term that can be used analogously with that of acquis, or collection.

5. Library endowment: A set of elements needed for the provision of library services. All types of resources are included: documents, furniture and equipment, financial resources and any other good necessary for the conservation, dissemination, communication and delivery of the service.

6. Library infrastructure: Physical and real spaces designed, constructed or adapted for the performance of library functions, processes and services.

7. Bibliographic and Documentary Heritage of the Nation: Set of works or documents that make up a national collection, which includes collections received by legal deposit and any work that is considered inheritance and memory, or that contributes to the construction of the identity of the nation in its diversity. It includes books, brochures and manuscripts, microforms, graphic, cartographic, serial, sound, musical, audiovisual, electronic resources, among others.

8. Library staff: People who provide their services in a library because of their training, skills and experience.

9. Library Network: A set of libraries that share interests and resources for common achievements.

10. Library services: A set of activities developed in a library, in order to facilitate and promote the availability and access to information and culture with quality, relevance and opportunity standards.

11. Library cooperation: Voluntary actions that are established between libraries, networks and systems, to share and exchange information, ideas, services, resources, expertise, documents and media for the purpose of optimize and develop library services.

12. Public Library: It is the one that provides services to the general public, so it is available to all members of the community equally, without distinction of race, nationality, age, sex, religion, language, disability, condition economic and employment or level of education.

13. State Public Library: Public Library of the national, departmental, county or municipal order, which belongs to or is organized by the State at its various territorial levels in accordance with this law and with the other provisions in force.

14. National Public Library Network: It is the network that articulates and integrates state public libraries and their library services in the national, departmental, district and municipal order, under the coordination of the Ministry of Culture. National of Colombia.

15. Private or mixed public library: This library created by an autonomous or non-governmental entity, financed with an independent budget, in which the necessary items are included for its support. Private or mixed public libraries, in turn, can form their own library networks.

ARTICLE 3o. PUBLIC UTILITY OR SOCIAL INTEREST. For its strategic role with respect to education, science, technology, research, culture, and social and economic development of the Nation, infrastructure and endowments, as well as services to The National Public Library Network is responsible for public and social services.

The National Public Library Network will be the subject of special promotion, protection and intervention of the State through the instruments determined in this law through those that the Political Constitution empowers for the activities or situations of public utility or social interest.

Resources for the National Public Library Network are considered, for all legal purposes, social investment.

They are a public service, the services in charge of the libraries that make up the National Public Library Network.

ARTICLE 4. INTEGRATION INTO DEVELOPMENT PLANS. Cultural policy, and as part of this policy of reading and promoting the National Network of Public Libraries, must be integrated into the economic and social development plans of the State in all the territorial levels.

ARTICLE 5o. STRATEGIC AIMS. In addition to those outlined in the Political Constitution and the General Law of Culture, this law constitutes an instrument of support to achieve the following purposes:

1. To guarantee people the rights of expression and access to information, knowledge, education, science, technology, diversity, and national and universal intercultural dialogue, in guaranteeing their fundamental human rights, social and collective.

2. To promote the development of a reading society, which uses information and knowledge for its well-being and growth.

3. Promote the circulation of the book and the various forms of access to information and knowledge.

4. Promote the evaluation and development of local culture, as well as access to the universal culture.

5. Promote the meeting, conservation, organization and access to the bibliographic and documentary heritage of the Nation.

6. Create a library infrastructure and services that meet the educational, scientific, social, political and recreational needs of the population.

7. Promote a comprehensive, consistent and sustainable national policy for the promotion of reading and public libraries that make up the National Public Library Network.

PARAGRAFO. The libraries belonging to the National Network of Public Libraries will make their own and give unconditional application to the essential ends of the State and those described in this law.

ARTICLE 6o. FUNDAMENTAL PRINCIPLES. They are fundamental principles of the libraries that regulate this law and to which the national government and the territorial authorities will be subject.

1. All communities in the national territory have the right to library services and, with them, to reading, information and knowledge.

2. All persons have the right of access, on equal terms and without discrimination of any kind, to the materials, services and facilities of the libraries of the National Network of Public Libraries.

3. Every user has the right to be respected for the privacy, the protection of his personal data and the confidentiality of the information he seeks or receives, as well as of the resources he consults, takes on loan, acquires or transmits.

4. Libraries are ideal spaces for the promotion of reading, continuous training throughout life and the development of a culture of information that promotes the knowledge and management of new technologies.

5. The collections of the libraries of the National Public Library Network will be updated on a permanent basis, and will offer its users materials that give access to the central documents of the universal, national and local culture. They will also seek to develop collections of local authors, and of the cultural and ethnic groups that are part of the community to which they belong.

6. Because of their educational character, the libraries will not be required to apply for the authorization of the holders of the books and other documentary materials to provide them and to put them at the service of the users, in those cases covered by the express by the rules governing the limitations and exceptions to copyright and related rights.

TITLE II.

REGULATING THE NATIONAL PUBLIC LIBRARY NETWORK.

CHAPTER I.

NATIONAL LIBRARY NETWORK.

ARTICLE 7o. NATIONAL PUBLIC LIBRARY NETWORK. The National Public Library Network articulates and integrates state public libraries and their library services in the national, departmental, district, and municipal order.

ARTICLE 8o. TERRITORIAL NODES AND LIBRARY COOPERATION. The National Public Library Network will increase supply and improve the quality of library services from a regional, departmental, municipal and regional node structure. They will ensure the technical, financial and social sustainability of their public libraries.

Furthermore, it will promote its articulation with other library networks of the country of a mixed or private nature, by establishing voluntary relations of cooperation and complementarity, without prejudice to the application of their respective rules.

ARTICLE 9o. COORDINATION AND DEVELOPMENT OF THE NATIONAL PUBLIC LIBRARY NETWORK. The coordination of the National Public Library Network is carried out by the Ministry of Culture through the National Library of Colombia.

ARTICLE 10. LININGS OF THE NATIONAL NETWORK OF PUBLIC LIBRARIES. The following guidelines are established for the National Network of Public Libraries, and in this sense they constitute duties in the development of their operation:

1. Promote coordinated action by the State, the private sector, and social and community organizations for the sustainability and strengthening of Public Libraries.

2. Promote the formation of regional nodes that integrate the National Network of Public Libraries and ensure the library development of each territorial entity, with their respective coordination.

3. To promote the development of library services in underserved communities.

4. Address and promote the country's public library development policies, standards, guidelines and standards.

5. Promote the implementation of regional and local reading plans, in line with national guidelines and policies.

6. Promote the use of information and communications technologies and promote their knowledge and management by library staff and communities.

7. To promote job stability and the permanent formation of public librarians in both formal education and education for work and human development.

8. Promote the collection, organization, conservation and access to the documentary and bibliographic heritage of the Nation.

9. To promote the establishment of information systems and evaluation of the services, plans and programs of public libraries that are part of the National Network of Public Libraries in order to guide their actions.

10. Promote cooperation with other networks of public libraries, private, mixed, social or community organizations, and international level.

11. Participate actively in the national planning spaces, as well as the advisory and advisory bodies of the National Government in the field of libraries and reading.

CHAPTER II.

PROVISIONS APPLICABLE TO THE OPERATION OF LIBRARIES IN THE NATIONAL PUBLIC LIBRARY NETWORK.

ARTICLE 11. HORARY. The minimum day of provision of the consultation services in charge of the public libraries of the National Library Network may not be less than 40 hours a week, and must include Saturdays and, as far as possible, on Sundays and public holidays.

In the setting of schedules, it will be promoted to match the schedules in which the community and the school groups have time for their consultation.

ARTICLE 12. CHARACTERISTICS OF LIBRARY SERVICES. The services of public libraries will be based on criteria of quality, relevance, plurality, cultural and linguistic diversity and coverage, and their staff will perform functions under the principles of article 209 of the Political Constitution.

ARTICLE 13. Planning. For the management and administration of public libraries, strategies will be formulated to respond to national, regional and municipal development plans, as well as to the provisions of this law. For their part, the national and territorial planning authorities will include in the development plans the specific component of the public libraries sector for which they will have the advice of the National Technical Committee of Libraries. Public.

ARTICLE 14. EVALUATION. The Ministry of Culture, with the advice of the National Technical Committee of Public Libraries will define the methods of evaluation of the libraries of the National Network of Public Libraries.

The National Planning Department will establish the methodology with which this evaluation will make part of the management indicators for the territorial entities.

ARTICLE 15. CREATING LIBRARIES. Territorial entities will create the Public Library, either as a dependency on their organization, or by assigning them the functions relative to the library, to an existing dependency, by means of an ordinance of the departmental assembly or municipal council agreement, as appropriate.

ARTICLE 16. Those who are public employees at the service of the libraries of the National Public Library Network must comply with the work skills and requirements for the exercise of the employment, according to the categorization established for the departments, districts and municipalities, in accordance with the legislation in force.

Depending on the territorial categorization, who directs and manages the public library must certify the professional, technical or technological degree, training in libraryology or credit experience or training in the area, which allow the performance of the functions relative to the library.

ARTICLE 17. INVENTORIES AND SERVICES. For all accounting, budgetary and financial purposes, the documentary and bibliographic funds have the quality of consumables or consumables and as such will be classified in the inventories and accounts of the State.

PARAGRAFO 1o. The works received by legal deposit and those works or collections that are declared Property of Cultural Interest are excepted.

PARAGRAFO 2o. The library staff of the libraries of the National Public Library Network, will not be responsible for criminal, disciplinary, or pecuniary liability for loss or deterioration of bibliographic materials such as consequence of the consultation and the loan, where its origin is the fortuitous case or the force majeure, or the deterioration in use.

ARTICLE 18. LOCATION AND SPACES. The Ministry of Culture in coordination with the National Library will define technical guidelines for the library infrastructure of the National Public Library Network.

PARAGRAFO. In case of sharing spaces with another cultural institution as an educational institution, House of Culture, co-existence center or others, it should be ensured that the activities of that institution do not interfere with the normal operation of the public library.

ARTICLE 19. FURNITURE AND OPENING OF THE COLLECTIONS. The materials of the public libraries must be organized and displayed on open shelves and within the reach of the users.

The works received by legal deposit and those works or collections that are declared Property of Cultural Interest, will be subject to special treatment that guarantees their conservation and diffusion.

ARTICLE 20. BASIC SERVICES AND COMPLEMENTARY SERVICES. The library services of public libraries will have the following character:

1. Basic services: are the library services of consultation, external loan, reference, user training, local information service, cultural programming of the library, extension services to the community, access to the Internet, promotion of reading and digital literacy, as well as the others to be regulated by the Ministry of Culture.

2. Complementary services: These are among other those of reprografia, subject to copyright law, lockers, cafeterias, bookstores and in general those that are not classified as basic services.

ARTICLE 21. GRATUITOUSNESS AND QUALITY. Basic library services are free to the public. No national or territorial authority or public library may establish practices for the collection of such services in a direct or indirect manner.

The Ministry of Culture will regulate with the advice of the National Technical Committee of Public Libraries, special and flexible rates for complementary services, including events and cultural events that require remunerated.

All libraries that are part of the National Public Library Network must cooperate to give citizens free access to documentary materials and library services.

ARTICLE 22. CATALOGUING. Public libraries must have a catalogue available to the public, in accordance with the guidelines to be established by the Ministry of Culture in coordination with the National Library. The National Public Library Network will coordinate strategies so that the catalogues of all libraries can be consulted through the public information network.

ARTICLE 23. IMPROVEMENT AND MANAGEMENT OF ACERVOS AND ENDOWMENTS. Public libraries will ensure the permanent development of their collections, acervos and endowments according to the criteria and policies established by the Ministry of Culture with the advice of the Committee Public Library Technician and the studios that the same library carries out, in order to meet the needs and interests of your community.

ARTICLE 24. TERRITORIAL VISION. Public libraries shall ensure the development of a collection and provision of local information, containing in particular the works published by the authors of their respective territorial jurisdiction.

ARTICLE 25. INVENTORIES. The public libraries shall ensure the organization and preventive maintenance of their collections, acervos and endowments and maintain an inventory and system of updated cataloging, for consultation of the public in the relevant.

ARTICLE 26. CONSERVATION. Public libraries must maintain their collections and have a policy to prevent their loss or deterioration, according to guidelines established by the Ministry of Culture through the National Library.

TITLE III.

BIBLIOGRAPHIC HERITAGE.

ARTICLE 27. BIBLIOGRAPHIC AND DOCUMENTARY HERITAGE OF THE NATION. The Bibliographic and Documentary Heritage of the Nation is any work or set of works or documents, in any support, which includes the collections received by legal deposit and any work that is consider inheritance and memory, or contribute to the construction of the identity of the nation in its diversity. It includes books, brochures and manuscripts, microforms, graphic, cartographic, serial, sound, musical, audiovisual, electronic resources, among others.

ARTICLE 28. LEGAL DEPOSIT. The legal deposit is a mechanism that allows for the acquisition, registration, preservation and availability of the bibliographic and documentary heritage, and which aims to preserve cultural memory and to increase and secure the access to the Cultural Heritage of the Nation. It has a public interest in making it possible for anyone to access it.

ARTICLE 29. COMPETENCIES. The National Library, and departmental public libraries are the entities responsible for the legal deposit as an essential mechanism for fulfilling their mission of gathering, organizing, increasing, preserving, protecting, to register and disseminate the national and regional bibliographic and documentary heritage at national and regional level, respectively.

ARTICLE 30. TERMS AND PENALTIES. Failure to comply with the obligations arising from the legal deposit will be sanctioned by the Ministry of Culture, with a daily legal minimum wage in force for each day of delay in the performance of such obligations and up to the time when their compliance is verified. The person responsible for the legal deposit who has not complied with this obligation, may not participate directly or by person in processes of state contracting for the acquisition of books and library endowments, until such time the obligation and, where appropriate, would have paid in full the financial penalties imposed.

The aforementioned sanction will be imposed by means of a reasoned resolution, which can be the object of resources in the gubernative way.

PARAGRAFO. The sums of money coming from the penalties imposed in line with this article will constitute special funds that will be used for the investment of the National Library in its heritage mission.

ARTICLE 31. SPECIAL PROTECTION REGIME. In the case of buildings, infrastructure, acervos, endowments, books, documents or other goods of public libraries declared as Property of Cultural Interest, the Regime shall be applied in addition. Special Protection Regulated in Law 1185 of 2008. The Ministry of Culture may lay down special rules, within the prescribed procedure, for bibliographic purposes.

TITLE IV.

NATIONAL AND TERRITORIAL COMPETENCIES.

ARTICLE 32. FUNCTIONS OF THE MINISTRY OF CULTURE. In addition to any other mentioned in this law or in Laws 397 of 1997 and 1185 of 2008, they are functions of the Ministry of Culture in respect of the present law, the following:

1. Define the state policy regarding the National Public Library Network, direct it and coordinate it.

2. To lay down rules of a technical and administrative nature and other requirements to which the operation, operation, provision and provision of library services should be subject to, as well as the minimum conditions for infrastructure.

3. To promote, in coordination with the territorial entities and with other dependencies of the national order, the total coverage in the country of the public library services.

4. To regulate a policy for the development of collections for the libraries of the National Network of Public Libraries.

5. To define the National Reading Plan according to the procedures and means of consultation and participation established in current rules, as a framework for the development of programs and plans for reading public libraries. Public libraries will pay particular attention to children, offering materials that support their emotional, intellectual and cultural development.

6. To participate with the resources and resources within its scope, in the bibliographic endowment and endowments of the National Network of Public Libraries.

7. Coordinate with the Ministry of National Education, with universities and other training institutions, a policy of formal education and continuing training for library staff who are part of the National Public Library Network, as well as the promoters of reading and cultural managers and information.

8. Coordinate with the Ministry of Information and Communications Technologies the mechanisms, means and instruments to provide the information and communication technologies and connectivity agenda to all libraries of the National Network of Public Libraries.

The Ministry of Information and Communications Technologies will provide for the maximum of five (5) years for all public libraries in the country to have sufficient information and connectivity in the provision of their services. services, in a manner consistent with the size of user populations. The entities designated in this law shall support the effect on the provision of information, service sustainability and other aspects within the orbit of their competencies.

PARAGRAFO. For the development of the governing powers of the Ministry of Culture, the Ministry of Culture will have the advice of the National Library of Colombia and the Technical Committee of Public Libraries.

9. Establish an information system for decision-making that will allow policy guidance, planning, monitoring and evaluation of the National Public Library Network and national and local reading and writing plans.

10. Promote models of cooperation between the different networks and library systems in the country.

ARTICLE 33. NATIONAL TECHNICAL COMMITTEE OF PUBLIC LIBRARIES. Create the National Technical Committee of Public Libraries as an advisory body to the Ministry of Culture, for the coordination and promotion of the development of the National Public Library Network.

ARTICLE 34. CONFORMING. The National Technical Committee for Public Libraries will be comprised of:

1. The Director of the National Library of Colombia.

2. A representative of the Ministry of National Education.

3. A representative of the Ministry of Information and Communications Technologies.

4. A representative of the Administrative Department of Science, Technology and Innovation.

5. A representative of the Library Network of the Bank of the Republic.

6. A representative of the Family Compensation Boxes Library Network.

7. A representative of other public, private, community or mixed library networks that want to participate in it. In case there are more than three, these networks will choose 3 representatives to the Committee.

8. A representative of the Colombian Association of Librarians -ASCOLBI-.

9. A representative of the Faculty of Librarian and Information Sciences of the country.

10. A representative of each Regional Public Library Committee.

11. A representative of the departmental libraries or with functions of conservation of the documentary heritage of the Nation.

PARAGRAFO 1o. The National Technical Committee for Pubic Libraries may invite institutions or persons whose participation it considers important for the performance of their duties.

PARAGRAFO 2o. The Ministry of Culture will regulate the operation, election of representatives, quorum and other relevant aspects and provide what is necessary for the development of its activities in a concerted manner.

Similarly, if necessary, the Ministry of Culture is empowered to extend the participation of other members in the Committee. The Technical Secretariat of the Committee will be in charge of the National Library of Colombia.

ARTICLE 35. FUNTIONS. These are the functions of the National Technical Committee of Public Libraries:

1. Act as an instance of articulation and consultation with the Ministry of Culture and public, private or natural sector institutions that can contribute to the development of the National Public Library Network.

2. Design cooperation mechanisms between the National Public Library Network and other public, mixed, private and community library networks.

3. To advise the Ministry of Culture, the National Library and other public entities, in the definition of guidelines, criteria and norms regarding public libraries and the promotion of reading, as well as other matters related to the issues that this law deals with.

4. Propose research on reading, writing, using libraries, technological developments, library relations with their communities and other related topics.

ARTICLE 36. TERRITORIAL ENTITIES. In compliance with the object of this law are the duties of the territorial entities, in addition to those that point to them the Political Constitution, the Laws 397 of 1997 and 1185 of 2008, as well as any other legal or regulatory provision:

1. To promote in the field of its jurisdiction the implementation of policies on public libraries and the guidelines and recommendations formulated by the Ministry of Culture.

2. Coordinate the operation of the National Public Library Network within its jurisdiction.

3. To promote the participation of the private sector in the maintenance and improvement of the library services in charge, in accordance with this law and with the other existing ones that incorporate incentives for the effect.

4. Promote the development of library services for rural communities.

5. To promote the development of collections that respond to the ethnic and cultural composition in each jurisdiction.

6. In general, it shall comply with the Ministry of Culture with similar jurisdiction to those conferred on the Ministry of Culture, except for those of a general regulatory nature.

PARAGRAFO. The Ministries of Culture and Communications will support the operation of the public libraries of the territorial entities in terms of their competencies and appropriate resources. Any other national authority may participate in this purpose, in accordance with its appropriate powers and resources.

ARTICLE 37. DEPARTMENT-SPECIFIC COMPETENCIES. In addition to the above in the above articles, it corresponds to the departments:

1. To administer the Legal Deposit through the Departmental Public Library or from that which is delegated to assume its functions. It will act in a coordinated manner with the National Library in the monitoring and reception of such a deposit.

2. Organize, within the scope of its jurisdiction, the Departmental Network of Public Libraries with the respective coordination, which will be assumed by the departmental library, if it exists, or by a library of the National Network of Public Libraries.

In each department the coordination of the network of libraries will be carried out by a professional, technical with knowledge on the subject, with exclusive dedication to the development of the network, which must have optimal conditions for the good development of their functions.

3. Establish the departmental public library or define by convention, another library of the National Network of Public Libraries that will exercise the function of collecting, preserving and disseminating the bibliographic heritage of the department, within a period of time. greater than three (3) years.

ARTICLE 38. DEPARTMENTAL COMMITTEES OF PUBLIC LIBRARIES. The Department of Public Library Departments may be set up, as well as coordinating and advisory bodies in the direction of library development plans and policies at departmental and regional level. promote the articulation between the different networks of libraries in the department. The creation of such committees shall not suspend or affect the fulfilment of the obligations and functions of the territorial entities.

ARTICLE 39. SPECIFIC COMPETENCIES OF MUNICIPALITIES AND DISTRICTS. In addition to the above mentioned in the above articles, it is up to the municipalities and districts:

Count at least one municipal public library, in line with the Ministry of Culture's regulations on services, infrastructure and endowments. Those who, at the date of enactment of the law, are devoid of it, shall create it within a period not exceeding two (2) years after the law has been in force.

In case of adequate services of libraries provided by other entities in the municipal header, it will be preferred that the municipality fulfill this obligation by establishing libraries in its corregimientos or in neighborhoods far from the center of the population.

It is recommended that special category 1, 2, 3 and 4 municipalities have more than one library according to the needs of the population, for which there should be consideration of other type of application of the principles of complementarity and coordination, so as not to duplicate efforts and resources. To this end, the municipalities will have the support and coordination of the National Technical Committee of Public Libraries.

TITLE V.

COMPLEMENTARY FUNDING SYSTEM FOR THE NATIONAL PUBLIC LIBRARY NETWORK.

ARTICLE 40. THE FOLLOWING PARAGRAPH IS ADDED TO THE ARTICLE 125 OF THE TAX STATUTE.

PARAGRAFO. Incentives for private sector donation in the National Public Library and National Library Network, legal persons required to pay income tax for the exercise of any kind The National Library of Public Libraries and the National Library will also have the right to deduct one hundred percent (100 percent) of the value of the money. actual donated for the purposes of calculating income tax on his/her charge for the taxable period in which the donation is made.

This incentive will only apply, subject to verification of the value of the donation and approval of the Ministry of Culture. In the case of municipal, district or departmental public libraries, prior approval by the Ministry of Culture and the relevant territorial authority will be required.

For the above purposes, a fund will be set up without legal status, which will be paid into the resources of these donations. This fund will be administered by the Ministry of Culture through a fiduciary order, and will not require funds in the budget.

The Ministry of Culture will define methodologies for allocating such resources to library projects as a priority in categories 4, 5 and 6, and for their channeling under equity parameters to the municipalities in a manner consistent with the National Library Plan.

In case the donor defines the destination of the donation, if accepted by the Ministry of Culture in accordance with the policies and regulations established in the field of public libraries, such destination will be unchangeable.

These donations will entitle you to a Librarian Donation Certificate which will be a title value to the order transferable by the donor and which will be issued by the Ministry of Culture on the year in which the donation is actually made. The amount of the incentive may be amortized within five (5) years from the date of the donation.

The same benefit will be provided by the donors of librarians, computer resources and in general library resources, prior to the respective goods, according to the regulations of the Ministry of Culture.

For the purposes specified in this paragraph, they may be agreed with the respective donor, modalities of public disclosure of their participation.

ARTICLE 41. SOURCES OF FUNDING. Under development as provided for in Article 24 of Law 397 of 1997, not less than 10% of the total VAT increase referred to in Article 470 of the Tax Statute, added by Law 1111 of 2006, will be used for the purposes specified in that article.

Equal proportion will be applied, where it exists, with respect to the Proculture stamp. In any case, in districts where there are sources of resources other than the Proculture stamp, not less than the minimum set in this subparagraph, they may be allocated without the need to apply the percentage already indicated for the stamp.

In no case will the resources referred to in this paragraph be able to finance the payroll or the operating budget of the respective library.

ARTICLE 42. MARKETING OF GOODS AND SERVICES. Without prejudice to gratuitousness in basic library services in the form established in this law, public libraries that make up the National Public Library Network will be able to market goods and services which will be constituted in autonomous sources of resources to finance investment projects.

ARTICLE 43. TECHNICAL SUPPORT TO PRIVATE LIBRARIES. The private libraries that provide services to the public according to the regulations of the National Government, may have access to the support that the State grants for the organization, conservation or Cataloging according to the regulations of the National Government.

Private libraries declared as Cultural Interest Property will have access to the incentives of Law 1185 of 2008.

Next