Хэвлэх DOC Татаж авах

LAW OF MONGOLIA

01, July 2005   Ulaanbaatar city

LAW ON TOBACCO CONTROL

 

/Revised edition/

 

CHAPTER ONE

General provision

Article 1.Purpose of the law

1.1.The purpose of this law is to define the legal framework of tobacco control on protection of the population from the negative consequences of tobacco consumption and passive smoking and to regulate the relations raised in connection with responsibilities of the state, citizens, business entities and organizations.

Article 2.Legislation on tobacco control

2.1.The legislation of Tobacco control shall consist of this law and legislative acts enacted in conformity with it.

2.2.If International treaty, to which Mongolia is a party, is inconsistent with this law, then provisions of International treaty shall prevail. Монгол Улсын олон улсын гэрээнд энэ хуульд зааснаас өөрөөр заасан бол олон улсын гэрээний заалтыг дагаж мөрдөнө.

Article 3.Definitions of the law

3.1.The following definitions used in this law shall be understood in below mentioned meanings:

3.1.1.“tobacco products” means products entirely or partly made of the leaf of tobacco as row material which are manufactured to be used for smoking, snuffing and chewing;

3.1.2.“smoke tobacco” means industrially or hand-rolled cigarettes, cigars, pipe tobacco, and tobacco without packages equal to that, intended to be smoked;

3.1.3.“passive smoking” means involuntary inhalation of tobacco smoke, exhaled by smokers;

3.1.4.“tobacco industry” means legal personality which provides tobacco manufacturing, distribution and importation of tobacco products;

3.1.5.“tobacco advertising” means any form of communication, with the aim of promotion of tobacco manufacturing, sales and usage;

3.1.6.“tobacco control” means a range of demand, supply and harm reduction policy measures that aim to improve the health of a population by reducing their consumption of tobacco products and exposure to tobacco smoke;

3.1.7.“tobacco free environment“ means an environment where smoking, seeing, inhaling and measuring the smoke is not possible;

/This clause was added by the law dated October 24th, 2012/

3.1.8.“interior environment” means space surrounded by roof, wall and side walls (not depends on the material made of and whether for temporary or permanent use);

/This clause was added by the law dated October 24th, 2012/

3.1.9.“generalizing the brand” means using the name, trademark and logo of tobacco and tobacco products as well as other distinctive features as if they were relevant to non–tobacco products and services;

/This clause was added by the law dated October 24th, 2012/

3.1.10.“sharing brand” means using the name, trademark and logo of non-tobacco products and services as well as other distinctive features as if they were relevant to tobacco products and tobacco industry;

/This clause was added by the law dated October 24th, 2012/

3.1.11.“designated areas for smoking” means an area or a compartment, isolated and equipped with proper ventilation system and designated for smoking.

/This clause was added by the law dated January 29th, 2015/

Article 4.State policy on tobacco control

4.1.State Policy on Tobacco Control shall be intimate part of the State Policy on Public Health and shall be guided by the principles set out below:

4.1.1.Prevent initiation of minors and reduce the consumption of tobacco products by sustainable financing of tobacco control and health promoting activities through achieving the tobacco tax to the rate specified in the base convention on tobacco control;

/This clause was amended by the law dated October 24th, 2012/

4.1.2.Protect the public health policy from negative influences of tobacco industry within the legal framework;

4.1.3.Support for participation of private and nongovernmental organizations without any relationship with tobacco industry in developing and implementing policy and programs on tobacco control;

4.1.4.Increase the accessibility of scientific and realistic information, education and communication on negative health, economic and environmental consequences of tobacco consumption and passive smoking and affordability of treatment of nicotine addiction;

4.1.5.Require the tobacco manufacturers or legal parties operating for interests of tobacco manufacturers in conducting its operation through open and responsible manner;

/This clause was added by the law dated October 24th, 2012/

4.1.6.Not provide premium, tax exemption and other privileges on activities of the tobacco manufacturer;

/This clause was added by the law dated October 24th, 2012/

4.1.7.Equal treatment between tobacco manufacturers regardless of their ownership in implementing the legislations on tobacco control;

/This clause was added by the law dated October 24th, 2012/

4.1.8.Separate the tobacco manufacturers or parties operating for the interest of tobacco manufacturers from directly participating and implicitly influencing in developing, approving and implementing the legislations on tobacco control;

/This clause was added by the law dated October 24th, 2012/

4.1.9.All levels of state organizations and the public shall be provided with information on strategy and approach for the tobacco manufacturer to involve externally in development and implementation n of the state policy on social health, requirements to protect the policy from influence of interest of the tobacco manufacturer as well as advertisement, support and sponsorship activities of the tobacco manufacturer.

/This clause was added by the law dated October 24th, 2012/

Article 5.Common duties of the state, citizen and legal personality on tobacco control

5.1.State organization shall have following duties on tobacco control:

5.1.1.The State Central Administrative Body in charge of health matters, with respect to tobacco control, shall expand cooperation of government and non-governmental organizations, support initiatives and participation of non-governmental organizations, and provide overall management and coordination;

5.1.2.The State organizations at all level and local self-governance authorities, within the scope of policy on health promotion and protection, with respect to issues on tobacco control, shall work independently within their own competency or in cooperation with other institutions;

5.1.3.Refuse cooperating with the tobacco manufacturers or legal parties and citizens working for tobacco manufacturers in developing and implementing the state policy on social health and providing public education;

/This clause was added by the law dated October 24th, 2012/

5.1.4.Refuse accepting proposals by the tobacco manufacturer during developing the legislations on tobacco control if conflict of interest exists;

/This clause was added by the law dated October 24th, 2012/

5.1.5.Refuse resolving issues related to the conflict of interest of government officials and other employees participating in developing and implementing the state policy on tobacco control and cooperating with them;

/This clause was added by the law dated October 24th, 2012/

5.1.6.Place “smoking area” sign in the designated smoking areas;

/This clause was added by the law dated January 29th, 2015/

5.1.7.The location and budget for establishing designated smoking areas in public spaces, except in restricted areas, specified in Articles 9.1.1-9.1.4, 9.1.7, and 9.1.8 of this law, shall be determined by a soum or district Citizen's Representative Khural.

/This clause was added by the law dated January 29th, 2015/

5.2.Citizens and legal party shall have the following duties on tobacco control:

5.2.1.implement the tobacco control measures, encourage and support the citizens to quit smoking and regularly organize preventive measures from passive smoking;

/This clause was revised by the law dated October 24th, 2012/

5.2.2.Provide the citizens with scientific information on the health consequences, risks and harmful effects of tobacco consumption and passive smoking;

/This clause was revised by the law dated October 24th, 2012/

5.2.3.Refuse accepting various donations, assistance and sponsorship from the tobacco manufacturer;

/This clause was added by the law dated October 24th, 2012/

5.2.4.Place “smoking area” sign in the designated smoking areas;

/This clause was added by the law dated January 29th, 2015/

5.2.5.In areas, specified in Articles 9.1.5 and 9.1.6 of this law, respective business entities and organizations shall establish one designated smoking area per buildings and facilities with not less than 300 square meters.

/This clause was added by the law dated January 29th, 2015/

5.3.Legal entities, engaged in tobacco manufacturing shall have the following obligations with regard to tobacco control:

5.3.1.Ensure that the name, address, business activities and other relevant information of a tobacco manufacturer and its shareholders, holding more than 20 percent of the company are publicly available on its website.

5.3.2.Ensure full compliance with the standard requirements, approved by a relevant authority on packets, cartons and packages of tobacco products, within one year from the date of approval.

/This clause was added by the law dated October 24th, 2012/

CHAPTER TWO

THE REGULATION OF TOBACCO MANUFACTURING, TRADE, CONSUMPTION AND ADVERTISING

Article 6.Requirements for tobacco import, export, manufacturing, trade and use

/This headline was amended by the law dated January 29th, 2015/

6.1.The State Administrative Body in charge of inspection shall issue certificate on sanitary condition for tobacco manufacturing, import, export, trade and toxic ingredient of tobacco by each brand of tobacco.

6.2.State Administrative Body in charge of customs will determine the quantity of tobacco products permitted for import for personal use.

6.3.The standard of maximum content of tar, nicotine and other toxic substances permitted in a tobacco manufacturing, trade, import and export on the territory of Mongolia and the standard of permitted area of tobacco with smoke shall be approved by the National Council on Standardization in consultation with the State Central Administrative Body in charge of health matters.

/This clause was amended by the law dated January 29th, 2015/

6.4.The tobacco products should carry health warnings and messages which shall meet the following requirements:

6.4.1.Poster warning shall occupy not less than 50 percent of front and back side of the cigarette box and front surface of the packages of pipe-tobacco and similar tobacco;

/This clause was revised bythe law dated October 24th, 2012/

6.4.2.Shall be large, visible and clearly written text, describe by pictures or pictograms on health risks caused by tobacco products.

6.5.The warning and its sign sample shall be approved by the State Central Administrative Body in charge of health matters. Six kinds of warning shall be issued once and shall be renewed once every three years.

/This clause was amended by the law dated October 24th, 2012/

/This clause was amended by the law dated January 29th, 2015/

6.6.The health warning and other required notes shall be written in Mongolian.

6.7.The following items shall be prohibited in tobacco import, export, manufacturing and trade to use in the territory of Mongolia:

/This clause was amended by the law dated January 29th, 2015/

6.7.1.The content of tar, nicotine and other toxic substances and expiry period is not indicated on the tobacco package;

/This clause was revised by the law dated October 24th, 2012/

6.7.2.a tobacco pack contains fewer than 20 cigarettes and pipe-tobacco and similar tobacco packed less than 200 gram;

/This clause was amended by the law dated October 24th, 2012/

6.7.3.tobacco packs without health warnings, specified in Article 6.4 of this law or with warnings, which do not meet the requirement;

6.7.4.a sanitary certificate is not issued as indicated in Article 6.1 of this law;

6.7.5.“manufactured in other country with label “Made in Mongolia”;

6.7.6.Using written expressions on the unit box, package and any outside packaging of tobacco products, which expresses that the particular tobacco product is less harmful than others or using similar logo, color, brand image and their combination;

/This clause was amended by the law dated October 24th, 2012/

6.7.7.Sale of tobacco to and by persons under the age of twenty one;

/This clause was amended by the law dated October 24th, 2012/

6.7.8.Sale of cigarettes individually, and sale of hand-wrapped tobacco and tobacco out of packages from the packed pipe tobacco or tobacco equal to that;

6.7.9.Introduction of tobacco vending machines;

6.7.10.Organization of promotional sales in any form and lottery in order to increase tobacco sales;

6.7.11.Sale of tobacco products without excise tax tag and the name of producing country, manufacturer, importer and the date of manufacturing, without notes of permission to sale in Mongolia, on the packets, cartons and packages of tobacco products;

6.7.12.Sale of tobacco in a place except for permitted;

6.7.13.selling tobacco products/cigarettes online;

/This clause was added by the law dated October 24th, 2012/

6.7.14.selling tobacco products/ cigarettes within 500 meters from secondary schools and dormitories;

/This clause was added by the law dated October 24th, 2012/

6.7.15.selling tobacco products/cigarettes in pubs and bars.

/This clause was added by the law dated October 24th, 2012/

6.8.Individuals and entities engaged in the sale of tobacco and tobacco products shall have the following obligations:

6.8.1.Check the purchaser’s personal identification card or similar documents for age verification;

6.8.2.In case of a purchaser refusing to provide documents specified in 6.8.1 of this Law, retailer shall not sell cigarettes or tobacco products to that person.

/This clause was added by the law dated October 24th, 2012/

6.9.Regulations on monitoring and control on tobacco production, import, trade and services shall be approved by the Cabinet.

/This clause was added by the law dated October 24th, 2012/

Article 7.Licensing

7.1.Government of Mongolia shall be issued the licenses for manufacturing of tobacco products and growing of tobacco plants based on the proposal of the State Central

Administrative Body in charge of food and agricultural matters, licenses for tobacco product importation shall be issued based on the proposal of the State Central Administrative Body in charge of trade and industry matters. The licenses for manufacturing of tobacco products and growing of tobacco plants shall be issued on the basis of selection. The regulation for the selection procedures shall be approved by the Government.

7.2.The licensing for manufacturing of tobacco products and growing of tobacco plants shall be issued for a period of two years and extended for the same period.

7.3.The licensing to sell the tobacco products shall be issued by the Soum and District Governors, in free zone, the governor of the free zone.

/This paragraph was amended by the law dated February 12, 2015/

7.4.Other relations raised in connection with licensing of tobacco manufacturing, trade and growing of tobacco plants shall be regulated by the Law on Licensing of Business Activities.

Article 8.Ban of tobacco advertising, support and sponsorship

/Headline of this Clause was amended by the law dated October 24th, 2012/

8.1.Tobacco advertising is prohibited in the following forms:

8.1.1.Using tobacco, rolling paper, tobacco filter, tools used to roll the tobacco, other accompanying tools of the tobacco, name and logo of the tobacco manufacturers, tobacco products, its brand name, trade mark, color and color scheme, expression, design, picture, image, smell and voice related to the tobacco manufacturer and advertising of tobacco by press media, movies, fashion show, art performance and sports games, competitions, mobile phones and other advanced technologies, poster, street advertising signs, passenger ticket and other direct physical forms by involving the public celebrities including famous artists and sportsmen;

/This clause was revised by the law dated October 24th, 2012/

8.1.2.Teach and encourage children to tobacco smoking;

8.1.3.Naming of legal personality by the trade name of tobacco products and tobacco manufacturers;

8.1.4.Sponsorship of health, educational, cultural, sports and other social events and any donations, contributions or grants by the tobacco industry and provision of various donations, assistance and sponsorship;

/This clause was amended by the law dated October 24th, 2012/

8.1.5.Use of trade-mark, trade-name and logos of tobacco products and manufacturers on goods, clothes and consumer items;

8.1.6.Advertising tobacco through production of candies, toys resembling cigarettes and other non-tobacco products, distributing free gifts, product samples, organize any forms of lotteries, races, contests, discounts, incentives and other forms of promotion;

/This clause was revised by the law dated October 24th, 2012/

8.1.7.Display of any information other than the name, price and physical display of the tobacco product in a cigarette point-of-sale;

/This clause was revised by the law dated October 24th, 2012/

8.1.8.Use of any advertising images, words or phrases that draw consumer's attention, except those specified in the national standards, on the inside and outside of cigarette boxes, containers and packing;

/This clause was added by the law dated October 24th, 2012/

8.1.9.Any “brand extension” or “brand sharing” activity by a tobacco manufacturer;

/This clause was added by the law dated October 24th, 2012/

8.1.10.Direct or indirect promotion of tobacco products through providing financial or in-kind donation, grant or support by tobacco manufacturer himself or through a third party;

/This clause was added by the law dated October 24th, 2012/

8.1.11.Placing of tobacco related trademarks, brand images, logos near entertainment centers/facilities;

/This clause was added by the law dated October 24th, 2012/

8.1.12.all types of advertisement that may give false, misleading or inaccurate perception about tobacco.

/This clause was added by the law dated October 24th, 2012/

8.2.All types of tobacco advertisement materials shall be prohibited to enter the national border.

/This clause was amended by the law dated October 24th, 2012/

8.3.It is prohibited to engage in cross-border advertising, support or sponsorship activities related with tobacco and tobacco products.

/This clause was added by the law dated October 24th, 2012/

8.4.Tobacco manufacturers are prohibited to provide financial or in-kind donations and assistance to the social welfare, health and environmental organizations under the name of social responsibility either directly or through other organizations.

/This clause was added by the law dated October 24th, 2012/

Article 9.Prohibition of smoking

9.1.Smoking shall be prohibited in the following areas:

9.1.1.All kinds of public transportation;

9.1.2.Public entertainment places;

9.1.3.Gas stations, factories of flammable and explosive substances and machine oil, and their storage areas;

9.1.4.Passenger stations, public hall of the hotel and room where smoking is prohibited;

9.1.5.areas other than the permitted areas of tobacco with smoke of public catering, trade, bar and entertainment places;

/This clause was amended by the law dated January 29th, 2015/

9.1.6.Interior office space other than permitted areas of tobacco with smoke of entities and organizations;

/This clause was amended by the law dated January 29th, 2015/

9.1.7.Airplane and passenger train;

9.1.8.Kindergartens, all levels of school, school dormitory, hospital, sanatorium and its outside area; residence building’s entrance, stairs, elevator and playground of the public apartment blocks and gardens.

/This clause was amended by the law dated January 29th, 2015/

9.2.Entities and organizations shall reflect and control implementation of regulations on the tobacco control activities specified in the legislations in internal labor procedure of the organization.

9.3.Warning sign prohibiting the smoking shall be placed at the entrance, waiting hall, corridors, restroom and other required places of the entities and organizations.

9.4.Warning signs specified in 9.3 of this law shall contain address, phone number and name of the official to receive and resolve complaints from the public in case of revealing the breach and state central administrative organization in charge of health issues shall approve the design of the warning sign.

/This clause was revised by the law dated October 24th, 2012/

CHAPTER THREE

Financing of tobacco control activities

Article 10.Health promotion foundation

10.1.“Health Promotion Foundation" (further the Foundation) shall be established in order to enhance healthy lifestyle and reduce tobacco consumption among population.

10.2.Foundation shall be financed from the source stated in 19.2 of Law on Government Special Fund.

 /This paragraph was amended by the law of 13 November, 2019/

10.3.Donation and contribution of the citizen, legal personality, international organization and organization and individual of foreign countries, person destitute of their nationality and other sources not prohibited by the relevant legislation and regulations can be obtained by the Health Promotion Foundation.

10.4.The Foundation's assets shall be kept at the special Government foundation.

/This paragraph was annulled by the law of 13 November, 2019/

10.5.Assets of the fund shall be spend for the purpose stated in 19.3 of Law on Government Special Fund:

/This paragraph was amended by the law of 13 November, 2019/

10.5.1.carry out the programs and projects on tobacco control and health promotion

10.5.2.Finance the activities on prevention of diseases caused by tobacco and health promotion;

10.5.3.Carry out the public awareness campaign against tobacco hazards and the monitoring of tobacco control;

10.5.4.Improve the supply of medicine, devices and equipment necessary for treatment of tobacco dependence (smoking cessation);

10.5.5.Conduct the research on tobacco consumption, it’s health and economic consequences;

10.6.The Foundation's charter, composition of the Board and it’s operational regulations shall be adopted by the Government (Cabinet).

CHAPTER FOUR

Miscellaneous

Article 11.Monitoring fulfillment of legislation on tobacco control

11.1.The monitoring of the execution of legislation on tobacco control at the state level shall be carried out by the government, Governors of all levels, State administration agency in charge of professional inspection, police department and other organizations and officials, which have been authorized to this effect, respectively according to their authority.

11.2.The administration of business entities, organizations and their affiliates shall monitor the execution of legislation on tobacco control within their framework of authority, stated in the present law.

11.3.The Agency for consumer protection and other non-governmental organizations may carry out public monitoring of the execution of legislation on tobacco control.

Article 12.Filing complaints

Citizens and legal personality can file complaints to the related bodies, officials and courts if they consider to have suffered their rights and legal interests due to violation of laws and regulations on tobacco control.

Article 13.Liability for Violations of Law

13.1.Unless an official who has breached the legislation is subject to criminal liability, he or she shall be held liable as provided by the Law on Public Service.

13.2.An individual, legal person who has breached this law is subject to the liability in accordance with Criminal law or Law on Offence.

/This article was revised by the Amendment law made on 4 December 2015/

 

 

CHAIRMAN OF STATE IKH KHURAL OF MONGOLIA TS.NYAMDORJ