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LAW OF MONGOLIA

April 15, 2004 Ulaanbaatar

 

 

ABOUT LEGAL STATUS OF MINISTRY

 

CHAPTER ONE

General provisions

Article 1.Purpose of the law

1.1.The purpose of the present law is to determine the organization and legal grounds of the activities of the Ministries of Mongolia /hereinafter to be referred to as “Ministries”/ and regulate relations related to those.

Article 2.Legislation on legal status of ministries

2.1.Legislation on legal status of ministries shall comprise of the Constitution of Mongolia, Mongolian Law on Government, Public Service Law, Law on Budget, General Administrative law, this law and other legislative acts issued in conformity with these laws.

/This section was amended by replacing the section ”Budget Institutions Management and Funding” with “Budget Law” with the law approved on December 23, 2011/

/This section was amended by the law of 04 February 2016/

Article 3.Ministry and its functions

3.1.Ministry is the central state administrative body in charge of specific scope and area of government activities.

3.2.The Government shall consist of those Ministry in charge of general affairs and Ministries in charge of specific affairs.

3.3.Ministry shall implement functions to deliver professional, methodology, legal, technical and organizational services to the Cabinet member-Minister of Mongolia with respect to strategic planning, providing policy management, regulate policy implementation, provide monitoring and assessment within the scope of the affairs the minister is in charge of.

3.4.Ministry in charge of general affairs shall implement the Government functions related to common affairs of all sectors, where as the sector ministries shall implement functions specified in Article 3.3 of this law related to specific sector related affairs of the Government.

3.5.Overseas or in the country, Ministry of Mongolia shall be represented by Minister of Mongolia or unless otherwise stated by the law, by the State Secretary as delegated by the Minister or within the scope of matters of one’s authority.

Article 4.Principles governing the activities of the Ministry

4.1.The activities of the Ministry shall be governed by main principles to ensure democracy, justice, liberty, equality, national integrity; and law and order.

4.2.Ministry shall comply with principles to ensure access to quality, prompt and civil public services, ensure professionalism, transparency, accountability and impartiality where ministries respect each other and internal issues of each ministry.

Article 5.Establishing, restructuring and dismissing the Ministry

5.1.In order to ensure adequate allocation of the general and sector specific functions of the Government activities, a Ministry shall be established, restructured or dismissed by the Parliament based on proposal of the Prime Minister upon consultation with the President, according to Articles 39.2 and 46.1 of the Constitution, and Articles 18.2 and 18.3 of the Law on Government.

Article 6.Ministry stamp, seal and symbol

6.1.Ministry shall use a stamp, seal ad symbol made in accordance with a set procedure.

6.2.The procedure about using a stamp, seal and a blank paper specified in Article 6.1 of this law shall be set by the Government.

6.3.Ministry may have a symbol illustrating the special features of its activities and its historical tradition.

6.4.The design, definition of the Ministry symbol and the procedure to use these shall be determined by the Government.

CHAPTER TWO

Ministry Affairs

Article 7.Common affairs of the Ministry

7.1.Ministry shall be in charge of common affairs as following within the scope of the responsibilities the Minister is responsible for:

7.1.1.organize and ensure implementation of legislation, Presidential decrees, Government decisions and functions;

7.1.2.develop drafts for legislation, Presidential decrees, Government’s and Minister’s decision;

7.1.3.develop draft of long and mid-term strategic plans, major directions and budget of the chief budget manager, ensure budget performance implementation, determine investment and development policy and directions and support implementation of those;

7.1.4.sign performance agreement with the chief budget manager, ministries, agencies, other organizations set up by the Government, and governors of respective aimags and the capital city; monitor and evaluate implementation and outcome of performance agreements;

7.1.5.advocate legislations, presidential decrees, and Government and Ministers’ decisions, research and analyze law implementation practice, draft proposals for improvement and make proposals to respective authorities;

7.1.6.provide professional and methodology guidance to the governors of aimags and the Capital City, the units of the Governors’ offices, and other organizations related to the Governors’ offices;

7.1.7.Regulate and coordinate the cooperation between the Government Agency and other organizations established by the Government and other organizations relevant to those and aimag and capital city administration;

7.1.8.to develop and implement policies that would analyze needs for civil servants, prepare them, retrain, ensure professional development, re-specialize civil servants and improve working conditions and social security;

7.1.9.take measures to provide social, economic, legal and other conditions that would ensure human rights;

7.1.10.Implement International Agreements of Mongolia by providing conformity of legislation with the Agreements and ensure implementation of these;

7.1.11.create a sector information system, obtain figures, data, information and materials required for organizing development and implementation of policies from other ministries, agencies, other organizations and entities established by the Government;

7.1.12.nominate the best employees of the sector for awards, the highest state award and honors to the respective authority according to existing legislation and regulations set by respective authorities;

7.1.13.adopt administrative normative act if the certain power is provided by law and control its implementation.

/This section was added by the law of 04 February 2016/

7.1.14.other general functions stipulated by legislation.

/This section was amended by the law of 04 February 2016/

7.2.Specific functions of Ministry shall be determined by law.

CHAPTER THREE

Administration and organizational structure of Ministry

Article 8.Minister of Mongolia

8.1.Ministry shall be chaired by a Cabinet member- Minister of Mongolia /hereinafter to be referred to as “Minister”/ as specified in the Article 18.4 of the Government Law.

8.2.When implementing his full rights prescribed in the Article 24 of the Government Law, Minister shall get consultancy and assistance from his working group and the leading team of the Ministry within the scope of the affairs one is in charge of and provide the activities ministry, agency and other government institutions with unified management.

/This section was amended by the law of 23 January 2015/

8.3.Minister’s own working group /consultant, assistant, media specialist/ shall provide assistance to the Minister in implementing his full rights and execute his urgent tasks.

/This section was annulled by the law of 23 January 2015/

8.4.The employees specified in 8.3 of this law shall directly report to the Minister and as civil servant shall belong to the Ministry staff.

/This section was annulled by the law of 23 January 2015/

8.5.Adopt and implement administrative normative act if the certain power is provided by law and register it in state registry in accordance with procedure stipulated by General Administrative Law.

/This section was amended by the law of 04 February 2016/

Article 9.State Secretary

9.1.The State Secretary shall be appointed and released by the Government in accordance with Article 18.8 of the Government Law.

/This section was redrafted by the law approved on May 6, 2008/

/This section was amended by the law approved on December 07, 2017/

9.2.It is prohibited to temporarily or permanently release, dismiss or demote the State Secretary from his position for any reason other that provided by the Law on Public Service and Law on Government of Mongolia.

/This section was amended by the law approved on December 07, 2017/

9.3.State Secretary shall organize and manage the Ministry operations on professional grounds.

9.4.In fulfilling one’s functions, State Secretary shall comply with the legislation, presidential decrees, Government decisions and Ministerial Decrees and Orders in conformity with those.

9.5.State Secretary shall be responsible for the implementation outcome of the Ministry work to the Minister.

9.6.State Secretary shall practice following full rights:

9.6.1.provide day-to-day coordination of ministry activities, ensure approval and implementation of rules, guidelines and regulations to apply throughout the ministry in compliance with the legislation, presidential decrees, Government decisions and Minister’s Decrees;

9.6.2.organize, provide oversight on, and monitor implementation of the legislation, presidential decrees, Government Resolutions, Prime Minister’s Order, Minister’s decrees, and tasks assigned by Government Sessions, the Prime Minister and the Minister;

9.6.3.as the chief budget manager of the Minister, to establish a performance agreement with the Minister and undergo performance evaluation;

9.6.4.provide professional and methodology assistance to the minister in establishing performance agreements with the respective agency and other entities, as well as with respect to providing oversight on sector policy regulation and implementation;

9.6.5.associate with the management of the respective agency and other institutions with regard to issues assigned by the minister;

9.6.6.directly associate with respective organizations on matters related to one’s full rights;

9.6.7.finance investment projects fitting within the scope of the strategy of Ministry activities;

9.6.8.mobilize the budget resources of the ministry within the limit of approved budget and number of positions according to the set rules;

9.6.9.appoint, release, demote, reallocate, exchange staff, temporarily or permanently release or dismiss staff from civil service as specified by law;

9.6.10.award employees based on their performance;

9.6.11.charge disciplinary punishment to employees;

9.6.12.open a transaction account on the name of the Ministry at a bank according to a relevant regulation;

9.6.13.other full rights granted by legislation, Government decision or delegated by the Minister.

9.7.In temporary absence of the Minister, as delegated by the Minister, to respond official letters received from organizations or authorities and be responsible for the outcome of any such decision made.

9.8.State Secretary shall issue a decree that conforms with the legislation, presidential decree and Government decisions to be applied at the Ministry level with respect matters related to implementation of their full rights specified in 9.6 of this law and shall ensure implementation of that.

9.9.In case it is proved that a decree issued by the State Secretary violates the legislation, presidential decree, Government Decision or a Minister’s Decree, the official himself shall cancel the decree, or if the official does not resolve such decree within the time period specified in the law, the Minister shall cancel the decree. In case there is a dispute related to the decree, the citizen or legal entity may appeal to the court.

9.10.Council composed of the heads of the organizational structure units of the ministry with the function to provide consultation to the State Secretary may be set up and operated. Operational rules of the Council shall be approved by the State Secretary.

9.11.In case it is considered necessary to delegate the duties and functions of the State Secretary in his/her temporary absence, such decision shall be made by the Minister in compliance with the legislation.

Article 10.Organizational Structure of the Ministry

10.1.The strategy of Ministry activities, any program on improvement of the organizational structure and organizational structure shall be approved by the Government.

10.2.Activity strategy of the organizational units of the Ministry shall be approved by the State Secretary.

/This section was amended by the law approved on December 07, 2017/

10.3.Activity strategy, program on organizational structure change specified in 10.1 of this law shall not be changed unless the function of ministry has been changed by the law.

/This section was added by the law approved on December 07, 2017/

Article 11.Management of organizational units of the Ministry

11.1.The Head of the organizational units of the Ministry shall be nominated by the central government agency; and appointed and released by the State Secretary.

/This section was redrafted by the law approved on May 06, 2008/

11.2.Head of the organizational unit of the Ministry shall practice following rights and duties:

11.2.1.administer daily operations of the unit and report the outcomes to the State Secretary;

11.2.2.provide the Minister and State Secretary with professional technical advice and information;

11.2.3.with power delegated by the State Secretary, to establish performance agreements with the staff of the unit and conduct performance evaluation;

11.2.4.organize compliance with and ensure implementation of the rules, guidelines and regulations specified in the article 9.6.1 of this law within the unit;

11.2.5.evaluate performance and professional level of the unit staff according to set regulations and submit the evaluation to the State Secretary for further evaluation and approval;

11.2.6.associate with other institutions as stated in the internal labor regulations of the Ministry.

Article 12.Organization of the activities of the Ministry

12.1.Ministry shall operate with an operational strategy to implement its functions, mission and strategic objectives.

12.2.Operational strategy of Ministry shall be an essential part of the performance agreement to be established by the Minister and chief budget manager of the Ministry.

12.3.The regulation on drafting, approving and outcome evaluation of the operational strategy of the Ministry shall be set by law.

12.4.An Internal Labor Regulations approved by the State Secretary in compliance with the legislation shall be followed throughout the Ministry.

12.5.Internal Labor Regulations shall reflect the following issues:

12.5.1.appointing a staff to a position, releasing a staff from a position, dismissing a staff;

12.5.2.administration, rights and duties of a staff;

12.5.3.planning and reporting Ministry activities;

12.5.4.methods for evaluating performance of a Ministry unit or staff;

12.5.5.working hours;

12.5.6.assigning work;

12.5.7.carrying out internal audit;

12.5.8.awarding;

12.5.9.charging disciplinary punishment;

12.5.10.other issues specified in the legislation to be reflected in the internal regulation.

12.6.State Secretary and the official specified in article 11.2 of this law shall hold with the policy of the Government and the Minister in expressing one’s official status with regard to the affairs, the Ministry is in charge.

Article 13.Working conditions

13.1.Ministry shall develop and approve a program to ensure a favorable working condition and social welfare of the employee and implement the measures reflected in the program by making these a part of its strategy.

Article 14.Budget of Ministry

14.1.Ministry shall have a budget.

14.2.Regulation on drafting, approving and reporting Ministry budget shall be set by law.

CHAPTER FOUR

Ministry communication with the Parliament, President and other Organizations.

Article 15.Support for the Minister’s communication with the Parliament

15.1.Ministry shall run following activities to support Minister’s association with the Parliament:

15.1.1.provide the Parliament and its standing committee with necessary information related to the matters the Minister is in charge;

15.1.2.provide explanation, recommendation and clarification on draft legislation about matters the Minister is in Charge of proposed by the Government to the Parliament at all stages of Parliamentary discussions;

15.1.3.deliver information requested by a member of Parliament with regard to performing tasks assigned by the Parliament Speaker and Standing Committee and implementation of the legislation.;

15.1.4.prepare draft of the presentation to be made by the Minister at a Parliament Session and draft answers to questions and inquiries made by Parliament Members.

15.2.Unless otherwise stated by law, shall associate with a Member of Parliament through the Minister and directly with the Parliament Office.

15.3.A member of Parliament shall associate with the Ministry within the scope of their main full rights specified in Article 7 of the Law of Mongolia on Legal Status of a Member of Parliament.

Article 16.Support for Minister Association with the President

16.1.Ministry shall perform following activities to support the Minister’s association with the president:

16.1.1.to provide the President with information about matters the Minister is in charge of;

16.1.2.to ensure implementation of presidential decrees and respective decisions of the National Security Council;

16.1.3.to implement tasks assigned by the President with respect to affairs the Minister id in charge of;

16.1.4.to draft decrees and other documents to propose to the President in compliance with the legislation.

16.2.Unless otherwise specified in the law, the Minister shall associate with the President through the Minister and directly with the Presidential Office. The President shall associate with the Ministry through the Minister and his office shall associate with the Ministry via the official specified in Article 3.5 of this law.

Article 17.Support for Minister Association with the Government

17.1.Ministry shall associate with the Prime Minister and Government Members through the Minister. The Prime Minister and the Government Members shall associate with the Ministry directly.

17.2.According to set rules, Ministry shall report about implementation of the legislation, Government decisions and tasks to the Government through its Secretariat.

Article 18.Associating with local municipal authorities

18.1.Ministry shall associate with local municipal authorities about matters, the Minister is in charge of, through the Chairmen of Citizens’ Representatives Assembly of aimags and the capital city. Local municipal authorities shall associate with the Ministry through the Minister.

18.2.Ministry shall review and resolve proposals and requests made by municipal authorities with respect to matters the Minister is in charge of.

Article 19.Associating with local administrative organizations.

19.1.Ministry shall associate with local administrative organizations about matters, the Minister is in charge of, through aimags and the capital city Governors. Local administrative organization shall associate with the Ministry through the Minister.

19.2.Ministry shall review implementation of legislation, presidential decrees, Government decisions and tasks related to the matters the Minister is in charge of at local level and ensure implementation of these.

19.3.Ministry shall ensure lawful review and resolution of proposals and requests made by aimags and capital city governors to the Minister with respect to matters the Minister is in charge of.

Article 20.Cooperation between Ministries

20.1.Ministries shall, within the scope of affairs the Ministers are in charge of, cooperate with one another on issues related to policy development and implementation. Scope of issues to cooperate on shall be determined by the legislation, government resolution, Prime Minister’s Tasking and mutual agreement made at management level of respective Ministries.

20.2.Ministries shall directly cooperate on issues agreed at management level.

20.3.When developing and implementing policies, Ministries shall mutually exchange information and provide technical and methodology assistance on ultimate issues.

Article 21.Associating with Agency respective to affairs the Minister is in charge of

21.1.Ministry shall provide oversight on the Agency implementing the affairs the Minister is in charge of and other organizations established by the Government, shall take measures in order to ensure implementation of the legislation, presidential decrees, Government and Minister’s policies, decisions and tasks and provide assistance to those.

21.2.In associating with the respective Agency implementing the affairs the Prime Minister is in charge of, the functions specified in Article 21.1 of this Law shall be implemented by Chief of the Cabinet, in case these functions have been tasked by the Prime Minister.

21.3.In compliance with set regulations, agencies and other organizations established by the Government shall provide information including estimations, data, figures and reports required for providing policy development guide, regulating policy implementation, and conducting monitoring and evaluation with respect to matters the Minister is in charge of.

Article 22.Associating with other organizations and citizen

22.1.Ministry shall associate with the Constitutional Court, courts of all levels, Prosecutor’s Office and other organizations set up by the Parliament and these organizations shall associate with the Ministry through the Ministry.

22.2.Ministry shall directly associate with other agencies within the scope of matters the Minister is in charge of.

22.3.Ministry shall associate with foreign and international organizations according to directions, policy and tasks of the Minister.

22.4.Ministry shall associate with state and partially state owned entities and organizations with respect to matters the Minister is in charge of according to the rules specified in law.

22.5.Ministry shall provide support to non government organization which runs activities related to the matters the minister is in charge of in implementing common objectives.

22.6.Ministry shall directly associate with private sector entities and organizations with regard to common issues related to protecting the legal interests of those through statewide unions and associations of such entities and organizations.

22.7.Ministry shall receive and settle citizens’ grievances and complaints with respect to issues the Minister is in charge of according to the rules specified in the Law on Resolving Citizen’s complaints to Government Organization or Official. Ministry shall organize the Minister’s meeting with citizens’ representative at least twice a month.

CHAPTER FIVE

Other

Article 23.Ministry’s publishing

23.1.Ministry may issue a law-book with the purpose to officially communicate the Minister’s Decrees, Ministry policy and activities to the public.

Article 24.Foreign Relations of the Ministry

24.1.Ministry shall establish ties and cooperation with similar line Ministry, organizations of foreign countries and international organizations with respect to issues related to its full rights.

24.2.Minister shall make decisions on issues related to State Secretary’s study tours, attending professional trainings, meetings and conferences with similar line Ministry, organizations of foreign countries and international organizations /hereinafter to be referred to as “official visit”/.

24.3.Decisions related to official visits of the Chiefs and staff of Ministry’s organizational units shall be made by the State Secretary

24.4.Decisions to invite a consultant, guest or representative from a foreign or international organization shall be made by Minister.

Article 25.Activities prohibited for Ministry

25.1.Organizing following activities at the Ministry shall be prohibited:

25.1.1.organizing a political or religious events such as a strike or social gathering;

25.1.2.distributing any form of income other than specified in the law;

25.1.3.Locating other organization in the premises of the Ministry in cases other than specified in the International Agreement of Mongolia and Government decisions;

25.1.4.Other activities prohibited by legislation.

Article 26.Ministry award

26.1.Ministry may grant following awards:

26.1.1.to record in the honorary book of the Ministry and grand a certificate;

26.1.2.Ministry Honor Award.

26.2.Common design and amount of money accompanying a Ministry award shall be set by the Government.

26.3.Ministry Regulation on granting awards, establishing awards fund and expensing that shall be set by the Minister.

 

 

SPEAKER OF MONGOLIAN PARLIAMENT S.TUMUR-OCHIR