www.Legalinfo.mn - Хуулийн нэгдсэн портал

LAW OF MONGOLIA

3 May 2002                                                                                                       Ulaanbaatar

LAW ON EDUCATION

Chapter One

General Provisions

Article 1.          Purpose of the Law

  1. The purpose of this Law shall be to define the main principles on education, education system, management and organisation as well as the rights, duties and responsibilities of participants in education; to regulate the basic relations with regard to provision of rights of a citizen to education.

 

Article 2.          Legislation on Education

  1. The Legislation on Education shall consist of the Constitution of Mongolia, this Law, the Law on High Education, the Law on Professional Education and Training, and other legislative acts enacted in conformity with them.

 

  1. If this Law is inconsistent with international treaty, then provisions of international treaty shall prevail.

 

Article 3.          Definitions

  1. Definitions in this Law shall have the following meanings:

 

  1. "Public general education" means the level of eleven-year education programme.

 

  1. "Basic education" means the level of nine-year education programme.

 

  1. "Education content" means knowledge, skills, experience and behaviour/maturity appropriate to the respective level of education.

 

  1. "Education level" means volume of knowledge determined by standards of the appropriate programme of pre-school, primary, secondary and high education.

 

  1. "Educational institution" means a legal entity which provides one or more education programme levels.

 

  1. "Formal education" means educational activities organised with the aim of meeting the needs of a student to obtain general and technical education through an official educational institution.

 

  1. "Informal education" means educational activities organised with the aim of providing citizens with education services which are not included in the formal education system.

 

  1. "Credit-hour" means a unit to measure the volume of the high and technical education programmes.

 

Article 4.          Purpose of Education

  1. The purpose of education is to provide the citizen with appropriate intellectual, moral and physical skills, and develop respect to the principles of humanism and ability to learn, work, and live independently.

 

Article 5.          Basic Principles on Education

  1. The basic principles on education are:

 

  1. Education shall be developed as a priority sector and shall be under the state patronage and co-ordination, and state and public supervision.

 

  1. Education in Mongolia shall be humanistic, democratic, continuous, and accessible to all citizens and shall be based on mankind's cultural and historical heritage, and progressive traditions and science.

 

  1. Education in its methods and forms shall be diverse, free and open.

 

  1. Education shall be accessible to the citizen regardless of nationality, language, colour of skin, age, sex, social and property status, work and official position, religion, and opinions; the citizen shall be provided with conditions to learn in his/her native language.

 

  1. It shall be prohibited to organise training which adversely affects the rights, health and security of the citizen and society.

 

  1. Educational organisations shall be treated equally regardless of the type and form of ownership.

 

Article 6.          Basic Rights and Duties of Citizen With Regard to Education

  1. The citizen of Mongolia shall have right to obtain all levels of education in accordance with provisions and regulations of the law, on a free of charge or chargeable  basis, and full or part-time basis.

 

  1. Public general education shall be provided by the State free of charge, as stipulated in the Constitution of Mongolia.

 

  1. The citizen of Mongolia shall have the duty to obtain basic education.

 

Article 7.          Education System

  1. The education system of Mongolia shall include formal and informal institutions and consist of pre-school, primary, secondary and high education.

 

  1. The formal education programme and standards shall be defined in accordance with regulations stipulated by laws. The informal education program shall be complementary. 

 

Article 8.          Methods and Forms of Education

  1. The citizen may obtain official or non-official education. The official education may have full-time, part-time, distance and accelerated forms.

 

Article 9.          Education Documents

  1. The education document is an official certificate verifying the level of education programme the citizen has obtained.

 

  1. The education document (certificate, diploma, licence) shall be verified by the State Central Administrative Authority in charge of education.

 

Chapter Two

Education Programme and Standards

Article 10.        Education Programme

  1. Education programme shall be aimed at implementing the purposes of education in conformity with age, physical and mental specifics, talent and interests of a student as well as private and public needs, and evolution of national traditions, science and technology.

 

Article 11.        Level of Education Programme and Standards

  1. Education programme shall be classified into pre-school, primary, secondary and high levels. Education programme shall be defined according to stipulations of the Law on Primary and Secondary Education, Law on High Education and Law on Professional Education and Training respectively; the education programme shall be comprehensively determined by the State Education Standards.

 

  1. The State Education Standards shall be developed by a State Central Administrative Authority in charge of education and shall be approved in accordance with provisions of Section 6, Article 5 of the Law on Standards and Quality Guarantee and shall be registered in the State Registry. The Education Standards shall be developed with participation of professional organisations and experts. It shall be prohibited to make changes in the Education Standards without permission of the State Central Administrative Authority in charge of education.

 

Chapter Three

Educational Institution

Article 12.        Educational Institution

  1. Educational institution is a legal entity in charge of the activities to implement the purposes of education.

 

  1. Educational institution is a non-profit organisation.

 

Article 13.        Educational Institutions' System

  1. The educational institutions' system shall consist of training, research, methodological, and other organisations.

 

Article 14.        Pre-school, Primary and Secondary Education Institutions

  1. Pre-school, primary and secondary institutions shall include kindergartens, schools of general education and vocational training centre.

 

Article 15.        Higher Educational Institution

  1. Higher educational institution shall be university, institute and college. A university shall have research, education and vocational training components, an institute shall have education and research components and a college shall have training or training and research components.

 

Article 16.        Educational research and methodological institution

  1. An educational research and methodological institution shall carry out fundamental and applied research, provide information on research to schools of all educational level, kindergartens and citizens, and shall provide training and methodological assistance.

 

  1. The aimag and the capital educational centres shall be research and methodological institutions providing professional assistance to respective kindergartens and schools, assisting specialists of education administrative institutions, teachers and citizens in obtaining and improving professional education and research studies.

 

  1. Educational research and methodological institutions, the aimag and the capital educational centres may have schools and kindergartens of their own.

 

  1. Rules of educational research and methodological institutions and standard  regulations of the aimag and the capital educational centres shall be approved by the State Central Administrative Authority in charge of education.

 

Article 17.        Informal Educational Institutions

  1. Informal education research and methodological institutions shall act under supervision of the State Central Administrative Authority in charge of education.

 

  1. Informal educational centres shall implement independently or on a basis of an educational institution informal training in aimags, soums, and districts and shall assist self-trained students.

 

  1. Rules and organisational structure of informal research and methodological institutions shall be approved by the State Central Administrative Authority in charge of education.

 

Article 18.        Other Educational Institutions

  1. Companies, organisations, and citizens carrying out educational activities may provide assistance to children and adults in obtaining and improving professional education according to special programmes on social, economical, scientific, technological, legislative, environmental, aesthetics, cultural, art, sport, health, family and household subjects. 

 

  1. Schools of all level, companies, organisations, and citizens may provide to citizens engaged in production and services sectors education and vocational training.

 

  1. Companies and organisations may establish educational units on a constant and independent basis as stipulated in the legislation.

 

  1.  The present Law and the Law on Relations Between the State and Religious Organisations shall regulate the relations with regard to basic education to be provided to a religious school.

 

Article 19.        Establishment of Educational Training Institution

  1. Irrespective of the form of ownership, an educational training institution may be established upon the condition that shall have appropriate facilities, equipment, books and literature, and training personnel.

 

  1. The educational training organisation shall come into existence on the day of registration with the State Registry and receipt of a certificate.

 

Article 20.        Issuance of Special Permit

  1. According to Articles 15.7.1., 15.7.2., 15.7.4., 16.2.5., 16.3.3. of the Law on Special Permit to Conduct Business Activities, a special permit to establish educational training instittion shall be issued to university, institute, college and vocational training centre by the State Central Administrative Authority in charge of education to general education schools by Governors of aimags and the capital city, to kindergarten by governors of the soums and districts respectively.

 

Article 21.        Submission of Documents for Obtaining Special Permit

  1. The founder (a person or organisation), not later than six months prior to the  commencement of the training activity, shall submit to the organisation in charge of special permits the following documents along with the documents mentioned in Article 11 of the Law on Special Permit to Conduct Business Activities:

 

  1. Memorandum of association, article of association, or application for a special permit;

 

  1. Education plan;

 

  1. List on Personnel Qualification and Composition;

 

  1. Warranties of buildings, facilities, equipment and books;

 

  1. Guarantees of financial resources;

 

  1.  List of assets to be transferred from the founder to the institution to be set up, total assets and guarantees;

 

  1. Land Permit

 

  1. In order to obtain a special permit to implement programmes for a new profession, Master's Degree and Doctorate Degree, the educational training institution shall, not later than five months prior to the commencement of training activities, submit to a registration authority the documents stipulated in Article 11 of Law on Special Permit to Conduct Business Activities along with the documents mentioned in Articles 21.1.3.-21.1.7., application for a special permit, justifications and estimates.

 

  1. Amendments to a special permit shall be made within seven days after a special permit has been released to a respective educational training institution.

 

Article 22.        Issuance of Special Permit and Registration in the State Registry

  1. The issuance of a special permit to set up a training organisation and registration of an organisation in the State Registry shall be completed along the following procedures:

 

  1. The decision on issuance of an initial special permit shall be made by a registration authority within 21 working days upon the receipt of the documents stipulated in Article 21.1. of the present Law.

 

  1. The founder shall, upon the receipt of the decision to issue an initial special permit, fulfil the requirements of a registration authority to obtain a special permit.

 

  1. If the founder complies with the requirements to obtain a special permit, he/she shall submit the related documents along with the application for a special permit to the registration authority.

 

  1. The registration authority shall, within 15 days since the receipt of the application for a special permit appoint an expert group of representatives from the state administrative authority in charge of education and related professional organisations. The founder shall be responsible for financing all costs related to experts' evaluation.

 

  1. The expert group shall within 30 days after appointment provide an accreditation evaluation wherever the educational training institution is located.

 

  1. The organisation mentioned in Article 20 of the present Law shall release a decision on the issuance of a special permit on the basis of a conclusion made by the expert group and shall inform the founder.

 

  1. An educational training institution shall be registered within 15 days after receiving a decision on issuance of a special permit and shall be provided with the state registration certificate and certificate on special permit thereupon.   

 

  1. General educational schools, kindergartens established on the basis of a partial or full foreign investment, shall be issued a special permit by the State Central Administrative Authority in charge of education.

 

  1. The registration authority shall be informed within 14 days on the amendments and changes made by an educational training institution to the Founding Agreement, Rules of the Organisation, Statutory Fund, and the location of the institution.

 

Article 23.        Validity and Extension of Special Permit

  1. Validity of a special permit shall be in conformity with the terms of pre-school, primary, secondary, and higher education training.

 

  1. Validity of a special permit shall be determined by year, month and day, and shall commence from the date of registration in the State Registry.

 

  1. The application for extension of a special permit shall be submitted three months before the validity expires.

 

  1. A special permit shall be extended within 14 days on a basis of an application submitted by the founder if the conditions stipulated in Article 13.1. of the Law on Special Permit to Conduct Business Activities have not been violated.

 

Article 24.        Cancellation of Special Permit

  1. The registration authority shall invalidate a special permit on the basis of Article 14.1. of the Law on Special Permit to Conduct Business Activities and the following articles therewith:

 

  1. The educational standards have been violated;

 

  1. The educational training institution has adversely affected the interests of the society and citizens, their health and security, and this has been confirmed by a respective professional organisation;

 

  1. The educational organisation has failed to begin operation within six months after the issuance of a special permit;

 

  1. Other conditions provided by the law.

 

Article 25.        Dissolving Educational Training Institution

  1. An educational training institution shall be dissolved on the basis of the following:

 

  1. The resolution of the founder or the authorised person made in accordance with the Founding Agreement;

 

  1. A special permit has been cancelled;

 

  1. The decision of a court of law on dissolving the institution.

 

  1. An educational training institution shall inform the registration authority on its dissolution within five days upon the issuance of the decision made in accordance with Articles 25.1.1., 25.1.3. of the present Law.

 

  1. An educational training institution shall be considered dissolved upon exemption from the State Registry.

 

  1. The conflict between an educational training institution and a student in connection with its dissolution and a charge of indemnity by a student shall be solved by a judicial court.

 

 Article 26.       Accreditation of Educational Training Institution

  1. Accreditation of an educational training institution is an independent professional assessment of operational level and quality of execution of training programmes by higher educational training institutions and vocational training centres.

 

  1. Accreditation of an educational training institution shall be conducted by organisations and experts authorised by the State Central Administrative Authority in charge of education.

 

  1. The regulations of an accreditation organisation shall be approved by the Government.

 

  1. An accreditation organisation shall conduct accreditation evaluation on a contract basis. Losses incurred due to wrong accreditation conclusions shall be compensated by an accreditation organisation itself.

 

Chapter Four

Education Management

Article 27.        Education Management System

  1. Education management system shall consist of the State Central Administrative Authority in charge of education, Authorities of Administrative and Territorial Units, and Administration of Educational Institution.

 

  1. Training methodology management shall be conducted by research, and methodological organisations,  and aimag and the capital city educational centres.

 

Article 28.        Powers of State Central Administrative Authority in charge of education

  1. The State Central Administrative Authority in charge of education shall exercise the following powers:

 

  1. Organise implementation of the legislation on education at the national level;

 

  1. Develop and adopt short- and long-term development plans, procedures, regulations, policies and concepts, scope of activities, programmes and projects to enforce the education legislation.

 

  1. Exercise professional guidance of primary, secondary and high education;

 

  1. Develop standards and norms of all levels of education and monitor their implementation;

 

  1. Provide other organisations with professional and state administrative support on formal and informal education training and co-ordinate such activity. 

 

  1. Request respective administrative authorities to resolve matters concerning the training of administrative staff and teachers under unified policy and directions, their re-training and provision of social guarantees to them.

 

  1. Organise in co-operation with respective organisations the provision of equipment, training facilities, textbooks, and literature to kindergartens and schools of all level.

 

  1. Evaluate kindergartens and schools of all levels.

 

  1. Support non-government educational organisations in accordance with provisions of the appropriate legislative acts.

 

  1. Co-operate with foreign and international organisations on educational matters and improve the results of such cooperation.

 

  1. Establish contacts between foreign universities, institutes, colleges, and vocational training centres and students to study abroad either on the basis of self-financing or with financial support of a sponsor. Include such students in the data registry.

 

  1. Appoint and replace directors of government owned universities, institutes, colleges, and vocational training centres.

 

  1. Provide aimag and the capital educational centres with professional and managerial support.

 

  1. Other powers provided by this Law and other legislation acts.

 

Article 29.        Powers of Citizen Representatives' Hurals of Aimag, Capital City, Soums and Districts

  1. Citizen Representatives' Hurals of Aimag, Capital City, Soums and Districts Councils shall exercise the following powers:

 

  1. Consider reports on education of population submitted by Governors;

 

  1. Approve budget for financing of activities of educational training institutions on the basis of respective taxation and supervision over expenditures.

 

  1. Other powers provided by law.

 

Article 30.        Powers of Governors and Mayors

  1. Governors of aimags and Mayor of the capital city shall exercise the following powers in respective units:

 

  1. Organise the implementation of laws and decrees on education;

 

  1. Develop and implement programmes and plans of educational training of citizens,  training and re-training of staff;

 

  1. Consider issues related to establishing, restructuring, and dissolving local government owned educational training institutions;

 

  1. Allocate the budget, support educational institutions to increase their funds, organise activities to provide educational institutions with training premises, dormitories, equipment, textbooks, and literature;

 

  1. Provide non-government owned educational institutions with support as stipulated in the legislation.

 

  1. Issue special permit to establish an educational institution and register it in the State Registry along the procedures stipulated in the Law on Special Permit to Conduct Business Activities;

 

  1. Improve social security benefits of teachers and students, conduct evaluation of their work, provide them with incentives and rewards, and other support;

 

  1. Conduct the administrative supervision of activities of educational institutions;

 

  1. Develop and submit to relevant organisations reports, information and data on education issues;

 

  1. Appoint and replace directors of local government owned general education institutions;

 

  1. Other powers provided by law.

 

Article 31.        Powers of Heads of Local Municipalities

  1. The heads of soums and districts shall exercise the following powers in respective units:

 

  1. Organise the implementation of the laws and decrees on education;

 

  1. Provide administrative support to provision of pre-school, primary and  secondary education;

 

  1. Submit for consideration to aimag governors and mayor of the capital city issues concerning establishing, restructuring, and dissolving local government owned educational institutions;

 

  1. Issue special permit to kindergartens and register them in the State Registry along the procedures stipulated in the Law on Special Permit to Conduct Business Activities;

 

  1. Appoint and replace directors of kindergartens;

 

  1. Set respective population areas to be covered by services of local government owned kindergartens and general education schools;

 

  1. Allocate the approved budget between educational institutions within the term assigned by law, support educational institutions to increase their funds;

 

  1. Resolve in accordance with regulations issues concerning the provision of kindergartens with the appropriate premises and facilities, general schools with training premises and dormitories and provision of food to students who live in dormitories;

 

  1. Provide non-government owned educational institutions with support as stipulated in the law;

 

  1. Improve social security benefits of teachers and students, conduct evaluation of their work, provide them with incentives and rewards, and other support;

 

  1. Prepare reports and information on education issues and submit them to the respective organisations as stipulated in the law;

 

  1. Other powers provided by law.

 

Article 32.        Powers of Heads of Bags and Horoos

  1. The heads of bags and horoos shall exercise the following powers in respective units:

 

  1. Provide pre-school and basic education training to children of respective units;

 

  1. Conduct studies on educational status of the population and if required submit the issues to respective organisations for consideration;

 

  1. Organise activities on further educational training.

 

Article 33.        Management of Educational Training Institution

  1. An educational training institution irrespective of the form of ownership shall be managed by a director appointed by the founder on the basis of a nomination submitted by Kindergarten or School Board or Management Board respectively.

 

  1.  Director of an educational training institution shall exercise the rights and duties as provided by the Law on Primary and Secondary Education, Law on High Education and Law on Vocational Training Education.

 

  1. Directors of educational training institutions shall be full-time staff.

 

Article 34.        Management of Educational Training Institution

  1. Management of educational training institutions shall be conducted by Kindergarten and School Boards, and Management Boards of University, Institute, College, Vocational Training Centre respectively.
  1. The provision of Article 34.1. of this Law shall not be referred to Army and Police Higher Education Training Institutions.

 

Article 35.        Kindergarten and School Boards

  1. Kindergarten and School Boards shall be represented by teachers, staff, students, parents, and representatives of other organisations. Kindergarten and School Boards shall have of 9-11 members and shall be appointed for the period of three years.

 

  1. Representatives of Kindergarten and School Boards shall be appointed by the general meeting of the organisation.

 

  1. Representatives of other organisations shall be selected by the general meeting on the basis of a nomination submitted by the founder.

 

  1. Kindergarten and School Boards shall conduct the following activities:

 

  1. Prepare proposals on policy development and programmes;

 

  1. Establish organisational structure, rules and procedures;

 

  1. Consider reports on kindergarten and school activities;

 

  1. Submit proposals to improve quality of training to the administration and founder of a kindergarten or a school;

 

  1. Conduct independent supervision of the activities of the director and provide him/her with assistance;

 

  1. Protect the interests of teachers, staff, and students;

 

  1. Approve design of a school uniform.

 

  1. Kindergarten and School Boards may submit to the founder a proposal on appointing or replacing a director.

 

  1. Meeting of Kindergarten and School Board shall approve and make effective full powers of the members of the Board, and shall appoint and replace the Chairperson of the Board, and shall set operational regulations of the organisation.

 

Article 36.        Management Board

  1. The management board shall be represented by the founder, teachers, students and graduates. The management board of a Vocational Training Centre shall be established in accordance with the Law on Vocational Training Education.

 

  1. 51-60 percent of the management board's representation shall consist of the representatives of the founder. The founder shall appoint his/her representatives to the management board.

 

  1. The representatives of teachers and students shall be appointed by the general meeting.

 

  1. The member of the management board shall be appointed for a period of three years. One third of the management board's composition may be changed on an annual bais.

 

  1. The meeting of the management board shall be its main operational form. The       management board shall meet not less than two times during its full term. An extraordinary meeting shall be convened upon the demand of either the founder, or the chairperson, or one third of the members. The director may submit to the chairperson a proposal on issues to be considered by the management board.

 

  1. The decision shall be made by a majority vote. The management board shall elect its chairperson.

 

  1. The management board may have an authorised ad hoc working group or a committee.

 

  1. The representatives of the founder shall implement the founder's policy and scope of activity.

 

  1. The chairperson may be replaced due to his/her insufficient execution of the duties, proven violation of the law, or at his/her request.

 

  1. The founder shall have the right to recall his/her representatives if he/she considers the activities of the management board unsatisfactory, and to inform the other members of the board.

 

  1. The management board shall carry on the following of duties:

 

  1. Approve and amend in accordance with respective laws the policy development, plans, programmes and regulations of an educational institution;

 

  1. Set the composition, organisational structure, staff, and salary fund of a school;

 

  1. Approve investments, allocations of the annual budget and supervision over expenditures.

 

  1. To determine tuition fees, dormitory service fees according to respective regulations;

 

  1. Discuss and evaluate reports on activities of an educational institution;

 

  1. Prepare an annual report on activities of the management board and submit it to the founder. 

 

  1.      The management board may submit to the founder a proposal on appointing and replacing a director.

 

Article 37.        Professional Education Supervision

  1. Professional education supervision shall be conducted by the State Education Supervision Body and state inspectors.

 

  1. The State Education Supervision Body shall conduct professional supervision over implementation of the legislation on education, standards of primary, secondary, and technical education, and norms, procedures and regulations of an educational training institution.

 

  1. The regulations of the State Education Supervision Body shall be approved by the Government.

 

Chapter Five

Education Economics

Article 38.         Education Planning and Information

  1. The State Central Administration Authority in charge of education in co-operation with regional administrative authorities and other relevant organisations shall develop and implement short- and long-term education development plan.

 

  1. Aimags, the apital city, soums and districts shall have short-and long-term development plans which shall be based on a plan developed by the State Central Administrative Authority in charge of education.

 

  1. Kindergartens and schools shall have target plans, which shall be based on norms developed by educational research and methodological institutions.

 

  1. An educational institution irrespective of the form of ownership form shall provide the higher level institution with true and correct information and data within the period assigned.

 

Article 39.         Education Funding

  1. The budget shall be approved by the State Great Hural, Citizen Representative's Hurals of aimags, the capital city, soums and districts. Education funding shall constitute not less than 20 percent of the annual revenue of the state budget.

 

  1. The financial resources of an educational institution shall consist of allocations from the state centralised and local budgets, investments, tuition fees, contributions, soft loans from local and foreign organisations and citizens, and operational revenue of the educational institute.

 

  1. An educational institution may in conformity with the legislation conduct business activities in order to increase its financial resources and ensure social protection guarantees of teachers and staff. A director of an educational institution shall exercise the power to spend such operational revenue for the purposes as stipulated in the law.

 

  1. It shall be prohibited to reduce the centralised and local budget funding of an educational institution on the basis of its revenue.

 

  1. Educational research and methodological institutions, aimag and the capital city educational centres shall be funded from the centralised and local budgets and research projects.

 

  1. Costs of the part-time, short-term and informal training courses shall be covered from respective local budgets.

 

  1. A state education fund shall be established in order to provide students with soft loans and grants. The Government shall set the regulations for the use of the state education fund.

 

  1. A public-initiated education fund may be established at the level of aimags, the capital city, soums, and districts.

 

  1. It shall be prohibited to use education funds and budgets for purposes other than educational purposes.

 

  1. Assets provided by the founder and assets of an educational institution generated in the course of its activities shall be efficiently used by the institution in conformity with its basic activity purposes, regulations, and a contract made between the founder and the institution.

 

Article 40.        Funding of Government Owned Educational Institution

  1. A Government owned educational institution shall be financed by fixed and normative expenditures.

 

  1. Fixed expenditures of the universities, institutes and colleges shall be financed from the state-centralised budget. Fixed expenditures of general education schools and total expenditures of dormitories, and normative expenditures per capita/student irrespective of the form of ownership of kindergartens and general education schools shall also be financed from the state budget. 

 

Article 41.        Funding of Non-Government Owned Educational Institution

  1. Financial resources of a non-government owned educational institution shall be composed of the assets of the founder, part of normative expenditures per capita/student financed from the state budget, tuition fees, contributions, soft loans, and its operational revenue.

 

  1. The Government shall support a non-government owned educational institution to improve teaching environment and to provide training for their staff.

 

Article 42.        Teaching Environment of Educational Institution

  1. Buildings and premises, facilities and equipment of an educational institution shall be suitable to meet professional requirements of teachers, staff and students, and requirements of security and public health.

 

  1. An educational institution may have its own units to repair, supply, and produce printing materials, training equipment, and facilities.

 

  1. The State Central Administrative Authority in charge of education, health, and finance shall in co-operation with other relevant organisations approve and ensure enforcement of the norms and standards of buildings, premises, facilities, equipment, and food in conformity with the legislation and educational standards.

 

  1. The founder shall be responsible for provision of premises, training equipment and facilities, textbooks and literature, and dormitories sufficient to conduct training activities on a regular basis.

 

  1. Buildings  and premises of an educational institution shall be used for the purposes assigned.

 

Article 43.        Social Guarantees of Participants in Education Relations

  1. Teachers shall be ensured the following social guarantees:

 

  1. Provision of salary adequate to professional specifics and work quality, additional allowances, bonuses, compensations, rewards, and other additional benefits provided by the law;

 

  1. Provision of annual leave to teachers and staff in accordance with the Labour  Law. Due to specifics of their work, teachers shall be provided with additional 35 working days of leave; director, vice-director, training manager, training co-ordinator, social worker, methodologist, practical instructor, dormitory supervisor,  and assistant teacher of kindergarten shall be provided with additional 15 working days of leave. Length of service, other additional days of leave due to work condition indicated in Article 79.5, 79.6. of the Labour Law shall not be applicable to the above mentioned staff.

 

  1. Receive soft loans and assistance to build or buy apartments or houses;

 

  1. Staff mentioned in Article 43.1.2. of this Law, having served for 25 and more years in kindergarten or school of any educational level shall upon their retirement be provided by the respective institution with a lump sum equal to one academic year salary.

 

  1. Other social benefits provided by the law.

 

  1. The student shall be ensured the following social guarantees:

 

  1. Provision of dormitories to students who:

  are not able to go regularly to school from their place of residence;

  are orphans or;

  are under minimum living standards.

 

  1. Provision of dormitories of general education schools and vocational training centres shall be free of charge;

 

  1. The administration of a school together with local administrative authorities shall organise provision at the beginning and the end of the academic year and during seasonal vacations of roundtrip transportation for students at their own expense upon parents' or legal guardian's requests and by financing of their own.

 

  1. Non-residing students shall be provided twice a year with a discount on roundtrip transportation costs in accordance with regulations set by the Government.

 

  1. Students in need of use regular public transportation shall be provided with a discount on public transportation costs in accordance with regulations set by the local administrative authorities.

 

  1. Students shall enjoy discounts on costs of health, public catering, culture and public utility services in accordance with regulations set by the Government.

 

  1. The Government shall support outstanding students and ensure provision of conditions and opportunities to receive education to orphans, destitute, handicapped, and mentally disabled students.

 

  1. Students and Master Degree post-graduate students seeking teachers degrees who have entered into contracts with soum administrative authorities shall be provided with soft loans and grants.

 

  1. Other benefits provided by the law.

 

Chapter Six

 Rights and Duties of Participants in Education Relations

Article 44.        Rights and Duties of Teacher

  1. A teacher shall have the following rights:

 

  1. To be provided with conditions to conduct professional activities on a regular basis;

 

  1. To use progressive scientific methods, textbooks, educational tools, and facilities in conformity with educational standards;

 

  1. To require from students and their parents and give advice to them;

 

  1. To assess knowledge, skills, abilities as well as physical and mental development of students;

 

  1. To select outstanding students and organise professional and special courses.

 

  1. To conduct research, attend professional and educational degree programmes, be awarded professional degrees.

 

  1. To apply to respective organisations to seek protection on behalf of a minor when his/her health, rights, and interests are violated by his/her parents or legal guardian.

 

  1. To work on a contract basis beyond workhours.

 

  1. The teacher shall have the following duties:

 

  1. To respect ethical standards and be loyal to professional dignity;

 

  1. To educate on the basis of scientific knowledge and practice;

 

  1. To improve academic knowledge, teaching methods and skills;

 

  1. To teach students practical skills and ability to gain knowledge and education independently;

 

  1. To pay attention to health of students of his/her class assigned;

 

Article 45.        Rights and Duties of Student

  1. A student shall have the following rights:

 

  1. To be provided with conditions for learning;

 

  1. To choose and attend compulsory courses;

 

  1. To present requests, proposals, criticisms, and demands with regard to his/her educational institution and teaching staff;

 

  1. To make proposals on terms and forms of education;

 

  1. To be provided with assistance and benefits as stipulated in the legislation;

 

  1. Except as may otherwise be specified in a contract, a student shall have the right to choose freely his/her job on a labour market in accordance with his/her  profession or interests.

 

  1. To obtain information on use of tuition fees and contributions, and supervise expenditures.

 

  1. A student shall have the following duties:

 

  1. To complete in full training programmes;

 

  1. To fulfil teaching staff's requirements, tasks and responsibilities;

 

  1. To learn methods of independent learning;

 

  1. To respect relationship between a teacher and a student;

 

  1. To follow with respect the rules of an educational institution;

 

  1. To make tuition payments on time in accordance with a contract;

 

Article 46.        Rights and Duties of Parents and Legal Guardian

  1. Parents and legal guardian shall have the following rights:

 

  1. To choose type and form of education for their child in accordance with rules and regulations;

 

  1. To present proposals regarding educational institution and teachers;

 

  1. To obtain evaluations made by educational institutions or teachers with regard to knowledge, skills, capacity, talent, physical and mental condition of their child;

 

  1. Parents and legal guardians shall have the following duties:

 

  1. To support talent and abilities of their child from early childhood, provide with necessary conditions to obtain education, co-operate with teachers, and assist the child in choosing a profession.

 

  1. To fulfil the requirements of educational institution and teachers in order to maintain regular educational activity;

 

  1. To have the child obtain mandatory basic education before he/she reaches 16 years;

 

  1. To obtain skills to teach the child in home conditions;

 

Article 47.         Rights and Duties of Companies and Other Organisation

  1. Companies and other organisation shall have the following rights:

 

  1. To make requests and enter into contracts with educational institutions to train and retrain staff;

 

  1. To present proposals and requirements regarding studying students on a contract basis;

 

  1. To organise training courses to provide staff with education and improve their professional skills;

 

  1. To provide educational institution with support and assistance and be eligible for benefits as stipulated in the legislation.

 

  1. Companies and other organisations shall have the following duties:

 

  1. To provide students studying on a contract basis with conditions and opportunities for professional practice;

 

  1. To pay tuition of students studying on a contract basis;

 

  1. To support their staff in self-education and education of their children.

 

Chapter Seven

Miscellaneous

Article 48.        Liabilities for Offenders of Law on Education

  1. Officials of state administrative bodies or educational institutions shall be liable for disciplinary punishment due to his/her insufficient execution of duties to provide basic education.

 

  1. An offender of the Law on Education not liable for criminal responsibility shall be imposed the following administrative measures:

 

  1. For violation of Article 9 of this Law when an educational document has been illegally granted, forged or used wrongfully, a citizen shall be imposed a fine of 20,000-30,000 MNT, an executive employee a fine of 40,000-60,000 MNT,  and a business organisation a fine of 100,000-200,000 MNT, and the illegal document shall be confiscated.

 

  1. Organisations which have failed to the duties in Article 47, Clause 2 shall be imposed a fine of 50,000-75,000 MNT.

 

  1. Persons which have intentionally prevented a teacher from fulfilling his/her duties and have caused damage to a teacher's reputation shall be iposed a fine of 10,000-30,000 MNT.

 

  1. For violation of Article 22 of this Law when training activities have been carried out by an educational institution without a special permit and registration in the State Registry a citizen shall be imposed a fine of 30,000-50,000 MNT, an executive employee a fine of 40,000-60,000 MNT, a business organisation a fine of 100,000-250,000 MNT, the revenue of the educational institution shall be confiscated, tuition fees shall be released back to students, and training activities of such institution shall be suspended.

 

  1. An offender of Article 46.2.3. with no reasons shall be imposed a fine of 10,000-30,000 MNT.

 

  1. Determination of penalties stipulated in Article 48.2. of this Law shall be decided by a judge, governor of soum or district, and an authorised national inspector on education.