(2022.11.14-ний өдрийн орчуулга)                                                  Unofficial translation

LAW OF MONGOLIA

May 5, 2000                                                                                                 Ulaanbaatar city

ON TOURISM

CHAPTER ONE

General provisions

Article 1.Purpose of the Law

1.1.The purpose of this Law shall be to govern relations arising between the State, citizens, business entities and organizations connected with promotion of tourism, engaging in tourism activities, and provision of tourism services in the territory of Mongolia.

Article 2.Legislation on Tourism

2.1.Legislation on tourism shall consist of the Civil Code, Land Law, Environmental Protection Law, Law on Specially Protected Areas, this Law and other legislative acts enacted in conformity therewith.

2.2.If an international treaty, to which Mongolia is a party, provides otherwise than this Law, then the provisions of the international treaty shall prevail.

2.3.Relations arising from engaging in tourism business in the specially protected areas shall be governed by the Law on the Specially Protected Areas.

Article 3.Definitions of the terms of Law

3.1.The terms used in the Law shall have the following meanings:

3.1.1."Tourism" means travel by individuals beyond their permanent residence for between one and 183 days for familiarization, relaxation and recuperation, as well as religious and business purposes;

3.1.2."Tourism organization" means a for-profit legal entity engaged in the provision, promotion, sale and purchase of tourism products, and the organization of complex or individual tourism services;

3.1.3."Tourism region" means an area with historical, cultural and natural resources appropriate for tourism development in Mongolia;

3.1.4."Tourism product" means a paid service rendered by tourism organizations to provide tourists travel conveniences and to induce the interests thereof;

3.1.5."Tourist" means a Mongolian citizen, foreign national or a stateless

person travelling for tourism purposes;

3.1.6."Tourism service organization" means an organization providing hotel, tourist camp, catering, relaxation and leisure, transportation, communications or sightseeing services to tourists;

3.1.7."Guide-interpreter" means an individual who guides, translates, and interprets tourists according to the travel program;

/This sub-paragraph was amended according to the law as of November 30, 2001/

3.1.8."High-level hotel" means a service organization that meets the standard requirements of comprehensive hotel services with 3 or more stars.

/This sub-paragraph was added according to the law as of November 30, 2001/

CHAPTER TWO

TOURISM ORGANIZATION

Article 4.Tourism organizations and their classification

4.1.Tourism organizations shall engage in the following activities:

4.1.1.to plan, provide, promote and conduct the wholesale and retail sales of tourism products and services, and organize tours;

4.1.2.to compile visa applications and other travel-related documents;

4.1.3.to book, sell and purchase air, railroad and other transportation tickets;

4.1.4.to make hotel, tourist camp, accommodation and leisure reservations;

4.1.5.to make tourist arrival, service and departure arrangements.

4.2.Tourism organizations shall be classified as tour operators and tour agencies:

4.2.1.a tour operator shall engage in the activities specified in Articles 4.1.1-4.1.5 of this Law;

4.2.2.a tour agency shall engage in all or part of the activities specified in Articles 4.1.2-4.1.5 of this Law, as well as act as intermediary in the sale and purchase of the tour operator's products.

 Article 5.

/This article was modified by the law as of November 30, 2001/

/This article was repealed by the law as of January 20, 2011/

Article 6.

/This article was repealed by the law as of November 30, 2001/

Article 7.

/This article was repealed by the law as of January 20, 2001/  

Article 8.Powers of the Tourism Organizations

8.1.The tourism organization shall exercise the following powers:

8.1.1.to conduct activities in accordance with Article 4.2 of this Law;

8.1.2.to advertise, sell and purchase, on its behalf, its own tourism products; 

8.1.3.to submit the research on the tourists visited in a given year to the central state administrative organization in charge of tourism matters in accordance with the established procedure;

/This sub-paragraph was amended according to the law as of January 27, 2005/

8.1.4.to provide tourists with true and objective information on Mongolia's society, history, culture, customs and traditions;

8.1.5.to take necessary measures within its control, to protect and preserve rare objects of national, historical, cultural and natural value, and report the breaches to the relevant authorities;

8.1.6.to involve its tourism service staff in certified training courses;

8.1.7.to set prices and tariffs for its tourism products;

8.1.8.to conclude contracts with tourism service organizations.

8.1.9.to serve tourists as a professional guide-interpreter;

/This paragraph was added according to the law as of November 30, 2001/

8.1.10.to be determined its rank by the competent authority.

/This paragraph was added according to the law as of November 30, 2001/

8.2.The form of tourism which contributes to the socio-economic development of Mongolia, not to have adverse impact to the environment, and not to contradict with human health and traditional customs shall be developed.

Article 9.Tourism contract

9.1.A tour operator and the tour agency shall conclude contracts for sale and purchase of tourism products.

9.2.Relations related to the provision of tourism services shall be regulated by Articles 370–379 of the Civil Code, this Law, and the contract signed by the tourism organization with the tourist. The following conditions shall be included in the contract:

/This paragraph was modified according to the law as of July 04, 2002/

9.2.1.official name, address, state registration certificate number, bank account number of the parties to the contract;

/This sub-paragraph was amended according to the law as of November 30, 2001/

9.2.2.composition of tourists, the tour program and other information related thereto

9.2.3.quality and price of the tourism product, and payment method;

9.2.4.duration of the travel, the tourists' arrival and departure regulations, rights and obligations of the parties;

9.2.5.filing complaints concerning services by tourists, and procedures on dispute resolution.

9.3.Performance of contractual obligations, termination, modification, grounds for considering the tourism contract null and void shall be as provided in the applicable provisions of the Civil Code.

Article 10.Tourist service organization

10.1.The tourist service organizations shall meet the following requirements:

10.1.1.to operate in accordance with the provisions set for the services of a particular standard and grade;

10.1.2.to set its service prices and tariffs in conformity with the grade conferred, and to display them;

10.1.3.to announce its public contractual terms at least 3 month in advance of the beginning of the subsequent calendar year;

10.1.4.to openly display its license showing the organization's name, grade conferred, and the right to receive tourists;

10.1.5.to render tourist services in accordance with a contract concluded with a tourism organization, and avoid double-charging tourists for the services rendered.

10.2.The procedure for classifying high-end hotels and tourist camps must be approved by the central state administrative body in charge of tourism matters. 

/This paragraph was modified according to the law as of November 30, 2001/

10.3.The tourist service organization shall be prohibited from engaging in the activities provided in Article 4.1 of this Law.

Article 11.State promotion of tourism

11.1.Support and benefits provided by the State to export-related production shall also apply to the services provided to foreign tourists by tourism organizations and hotels.

11.2.Matters of tax incentives for the natural persons and legal entities who invest in the tourism sector shall be governed by applicable tax legislation.

11.3.Any person, whose proposal has won a tender announced for the development of a tourism region, as provided in sub-paragraph 14.1.1 of this Law, may be granted, on a contractual basis, relevant financial assistance by the State for the implementation of his/her project. 

CHAPTER THREE

GUIDE-INTERPRETER

Article 12.Requirements for guide-interpreters

12.1.Any individual who meets the following requirements may provide guide- interpreter services:

12.1.1.be a Mongolian citizen;

12.1.2.mastery of one or more foreign languages and receipt of a certificate from guide-interpreter training; 

/This paragraph was amended according to the law as of November 30, 2001/

/This paragraph was amended according to the law as of January 20, 2011/

12.1.3.must be medically qualified to provide guide-interpreter services.

12.2. /This paragraph was amended according to the law as of November 30, 2001/

/This paragraph was amended according to the law as of January 27, 2005/

/This paragraph was repealed by the law as of January 20, 2011/

12.3. /This article was repealed by the law as of November 30, 2001/

12.4. /This article was repealed by the law as of November 30, 2001/

12.5. /This article was repealed by the law as of November 30, 2001/

Article 13.Rights and duties of the guide-interpreters

13.1.The guide-interpreter shall exercise the following rights and duties:

13.1.1.to provide services to tourists in accordance with the program approved by the relevant tourism organization and prevent and ensure tourists' safety;

13.1.2.to wear openly a badge with the indication of his/her name and the name of the tourism organization concerned, while rendering services to tourists;

13.1.3.to provide to tourists with objective information on Mongolia's socio- economic, and state structure, nature, history, culture, people's customs and traditions and avoid disclosing confidential information pertaining to the State or corporate secrets or individual privacy;

13.1.4.to compensate to the tourists or the tourism organization concerned for damages caused at own fault in the course of providing services.

13.2.The guide-interpreter is prohibited from demanding money from tourists and conducting activities of tourism organizations.

/This paragraph was amended according to the law as of November 30, 2001/

CHAPTER FOUR

POWERS OF THE STATE ORGANIZATIONS ON TOURISM

Article 14.Powers of the Government with regards to tourism

14.1.The Government shall exercise the following powers in the matters related to tourism:

14.1.1.to define the regions for tourism development in Mongolia in coordination with state policies on socio–economic development;

14.1.2.to implement the unified state policies regarding tourism, and organize the implementation of the applicable legislation;

14.1.3.to approve the national program of development of tourism;

/This sub-paragraph was repealed according to the law as of December 16, 2021/

14.1.4. /This sub-paragraph was repealed according to the law as of June 29, 2006/

14.1.5.to support domestic and international investments in the tourism sector, and establish constructive relations;

14.1.6. /This paragraph was repealed according to the law as of January 27, 2005/

14.1.7.to exercise oversight of the implementation of the tourism legislation and approve Regulations of the State Tourism Inspection.

Article 15.System of the State Administrative Body in Charge of Tourism Matters

15.1.The system of the state administrative organizations in charge of tourism matters consists of the state central administrative body in charge of tourism matters, the tourism council under the Prime Minister, and the local tourism unit/employee.

/This paragraph was amended according to the law as of January 27, 2005/

15.2.The Tourism Board (hereinafter referred to as the "Board") shall be responsible for advising and rendering conclusions to the Prime Minister with respect to the development and implementation of the state unified policies on tourism.

15.3.The council is made up of a chairman, one member each nominated by the central state administrative bodies in charge of the state budget, finance, tourism, and environmental issues and three tourism organization members nominated by the non-governmental organization in charge of tourism.

/This paragraph was amended according to the law as of January 27, 2005/

15.4.The Chairman and members of the Board shall be appointed by the Prime Minister.

15.5.The chairman of the Board is a Cabinet member in charge of tourism matters.

/This paragraph was amended according to the law as of January 27, 2005/

15.6.The Government shall approve the working rules of the Board.

15.7.Governors of all levels may, taking into consideration the demand for the development of tourism, designate a unit (an employee) in charge of tourism matters.

Article 16.Powers of the state central administrative body in charge of tourism matters

16.1.The state central administrative body in charge of tourism matters shall exercise the following powers with respect to tourism:

16.1.1.to develop and coordinate the unified state policies with respect to tourism and to provide specialized administration;

16.1.2. /This sub-paragraph was repealed according to the law as of July 04, 2002/

16.1.3.to develop a tourism development plan, and to ensure its implementation;

16.1.4.to coordinate relations between tourism organizations at the domestic and international level;

16.1.5.to plan human resources development in the tourism sector and approve training structure and programs thereof jointly with the relevant authorities;

16.1.6.to approve the classification procedures for tourism organizations, high-class hotels, and tourist centers;

/This sub-paragraph was modified according to the law as of November 30, 2001/

/This sub-paragraph was amended according to the law as of January 20, 2011/

16.1.7.to determine the number and location of tourist camps, hotels, and recreation and spa facilities operating in the tourist area, and maintain a unified record of them;

/This sub-paragraph was amended according to the law as of November 30, 2001/

16.1.8.to develop tourism infrastructure and to resolve matters on financing promotion activities of Mongolia domestically and abroad in accordance with relevant legislation;

/This sub-paragraph was added according to the law as of June 29, 2006/

16.1.9.to promote Mongolia abroad and domestically;

/This sub-paragraph was added according to the law as of January 27, 2005/

/The numbering of this sub-paragraph was amended according to the law as of June 29, 2006/

16.1.10. /This sub-paragraph was repealed according to the law on addendum as of January 20, 2011/

16.1.11.assemble, investigate, and analyze tourism statistics; 

/This sub-paragraph was added according to the law as of January 27, 2005/

/The numbering of this sub-paragraph was amended according to the law as of June 29, 2006/

16.1.12.to establish a unified tourism information network and database;

/This sub-paragraph was added according to the law as of January 27, 2005/

16.1.13.to determine the number of tourists expected to visit the tourist area; 

/This sub-paragraph was added according to the law as of January 27, 2005/

/The numbering of this sub-paragraph was amended according to the law as of June 29, 2006/

16.1.14.to determine tourist road and routes; 

/This sub-paragraph was added according to the law as of January 27, 2005/

/The numbering of this sub-paragraph was amended according to the law as of June 29, 2006/

16.1.15.to prohibit activities that adversely affect the development of tourism.

/This sub-paragraph was added according to the law as of January 27, 2005/

/The numbering of this sub-paragraph was amended according to the law as of June 29, 2006/

16.2.Activities specified in Article 16.1.8 of this Law may be financed by foreign countries and international organizations, as well as donations and assistance from foreign and domestic enterprises, organizations, citizens, and other sources not prohibited by law.

/This paragraph was added according to the law as of June 29, 2006/

Article 17. /This Article was amended according to the law as of November 30, 2001/

/This Article was repealed according to the law as of January 27, 2005/

Article 18.The powers of the Citizens' Representatives Khurals and Governors of all levels

18.1.The Citizens' Representatives Khurals of aimags, soums, capital city, and districts shall exercise the following powers in relation to tourism:

/This paragraph was amended according to the law as of April 22, 2022/

18.1.1.to oversee the implementation of the state policies and the legislation on tourism within their respective territories, and, where necessary, consider Governor's report on this matter;

18.1.2.to ensure the implementation of the national program on development of tourism;

18.1.3.to submit to the state central administrative body in charge of tourism matters proposals regarding the inclusion of particular parts of their respective territories in the tourism resource region;

18.1.4.to approve and monitor the implementation of tourism development plans in accordance with local nature, history, culture and tourism characteristics.

/This sub-paragraph was modified according to the law as of April 22, 2022/

18.2.Governors of aimags and capital city shall exercise the following powers in relation to tourism:

/This paragraph was amended according to the law as of April 22, 2022/

18.2.1.to implement, in their respective territories, the state unified policies regarding tourism, and ensure and organize the implementation of the tourism legislation;

18.2.2.to issue, within the limits of their authority and in accordance with number and location approved by the state central administrative body in charge tourism matters and applicable legislation, permits to possess land by tourist service organization to be established in the given territory, and conclude agreements to this effect;

/This sub-paragraph was amended according to the law as of April 22, 2022/

18.2.3.to develop a tourism development plan in accordance with local nature, history, culture, and tourism characteristics; organize and report on the activities to be discussed and approved by the Citizens' Representative Conference at that level;

/This sub-paragraph was modified according to the law as of April 22, 2022/

18.2.4.not to collect taxes, fees, and charges from tourists passing through the territory, except as provided by law.

18.2.5. to promote and preserve tourism products and services with natural, historical, and cultural heritage;

/This paragraph was added according to the law as of April 22, 2022/

18.2.6.to create, store, protect, and distribute the tourism databases; to compile statistical information and submit it to relevant organizations;

/This paragraph was added according to the law as of April 22, 2022/

18.2.7.to organize events to attract tourism investment in the local area;

/This paragraph was added according to the law as of April 22, 2022/

18.2.8.to take measures to reduce and eliminate the negative consequences arising from the activities of tourism organizations and individuals in their respective territories.

/This paragraph was added according to the law as of April 22, 2022/

18.3.The Governor of Soum and District shall exercise the following powers in relation to tourism:

/This paragraph was added according to the law as of April 22, 2022/

18.3.1.to implement the legislation on tourism, decisions of the government and the Governor at the highest level;

/This sub-paragraph was added according to the law as of April 22, 2022/

18.3.2.to organize tourism events in the territory, to develop and promote tourism products and services based on natural, historical, and cultural heritage; 

/This sub-paragraph was added according to the law as of April 22, 2022/

18.3.3.to register citizens who provide tourist services, to create, store, protect, and distribute a tourism database, to integrate and submit statistical data to appropriate organizations. 

/This sub-paragraph was added according to the law as of April 22, 2022/

CHAPTER FIVE

TOURISM FUND

/This Charter was repealed according to the law as of June 29, 2006/

CHAPTER SIX

MONITORING OF TOURISM ACTIVITIES AND LIABILITY

Article 22.Monitoring of tourism activities

22.1.The state and specialized monitoring shall be exercised on the implementation of the tourism legislation.

/This paragraph was repealed by the law as of November 11, 2022 and shall be entry into forced from January 1, 2023/

22.2.State control over the implementation of legislation on tourism should be implemented by central state administrative bodies and governors at all levels within their powers.

/This paragraph was amended according to the law as of January 27, 2005/

22.3.The state inspection office will carry out professional supervision of the implementation of legislation on tourism. 

/This paragraph was repealed by the law as of November 11, 2022 and shall be entry into forced from January 1, 2023/

/This paragraph was amended according to the law as of July 10, 2002/

22.4.The issue of appointing and dismissing the Chief State Inspector of Tourism and the State Inspector shall be regulated in accordance with Article 10 of the Law on State Inspection.

/This paragraph was repealed by the law as of November 11, 2022 and shall be entry into forced from January 1, 2023/

/This paragraph was amended according to the law as of June 10, 2010/

Article 23.Rights and duties of the State Tourism Inspector

23.1.A State Tourism Inspector shall exercise the following rights:

23.1.1.to examine the implementation of the tourism legislation by the tourism and tourism service organizations and guide-interpreters, regardless of the form of ownership thereof;

23.1.2.to require, free of charge, any data and information necessary for inspection purposes from citizens, officers or organizations involved;

23.1.3./This sub-paragraph was repealed by the law as of January 20, 2011/ 

23.1.4.to enter into the relevant organization for inspection;

23.1.5.to check and, if necessary, temporarily confiscate the documents of a person who violates the legislation on tourism in accordance with the procedure specified in the Law on Violation Resolving Procedure;

/This sub-paragraph was amended according to the law as of May 18, 2017/

23.1.6.As provided in this Law, to impose administrative penalties on the persons who violated the tourism legislation;

23.1.7. to submit a proposal to downgrade a hotel that does not meet the requirements of that level to the central state administrative body in charge of tourism matters.

/This sub-paragraph was amended according to the law as of January 27, 2005/

23.2.A State Tourism Inspector shall have the following duties:

23.2.1.to strictly abide by the legislation and the regulations adopted in conformity therewith in the course of conducting the supervision of the enforcement of the tourism legislation;

23.2.2.to respect the rights and legitimate interests, and to avoid disclosing confidential information of the organizations and natural persons concerned, in the course of suppressing and eliminating the breaches revealed;

23.2.3.to dispose complaints and proposals of tourists concerning the breaches of the tourism legislation;

23.2.4.to oversee whether the tourism organizations or the guide-interpreters provide to tourists true information on Mongolia's society, economy, government structure, history, culture and customs and traditions.

Article 24.Liability for violators of the law

24.1.If the act of an official who violates this Law is not in a criminal nature, he shall be held liable as provided in the Law on Civil Service. 

24.2.Any person or legal entity who violates this Law shall be held liable under the Criminal Law or the Law on Violations.

/This paragraph was modified according to the law as of December 4, 2005/

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA GONCHIGDORJ.R