(2022.10.11-ний өдрийн орчуулга)                                              Unofficial translation

LAW OF MONGOLIA

July 8, 2010                                                                                                Ulaanbaatar

ON THE LEGAL STATUS OF FOREIGN NATIONALS

/Revised edition/

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the law

1.1.The purpose of this law is to regulate relations concerning the entry, exit, transit, and residence of foreign nationals in Mongolia and to define their legal status.

Article 2.Legislation on the legal status of foreign nationals

2.1.Legislation on the legal status of foreign nationals is comprised of the Constitution of Mongolia, this Law and other legislative acts enacted in conformity with them.

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

Article 3.Persons belong to the application of the law

3.1.The provisions of this Law shall apply to foreign national to Mongolia as a transit passenger, temporary visitor, resident for an official or private purpose, and a permanent resident (hereinafter referred to as "foreign national") to Mongolia and inviter of the foreign national.

3.2.Unless otherwise provided by law, the provisions of this Law applicable to foreign nationals shall apply in the same manner to the stateless persons.

Article 4.Diplomatic immunities and privileges of officers of diplomatic and consular missions

4.1.The provisions of this Law shall not affect any diplomatic immunities or privileges of officers of diplomatic and consular missions of foreign countries or of resident representative offices of the United Nations (hereinafter referred to as "the UN") and its specialized organizations.

Article 5.Definitions of terms

5.1.The following terms in this Law shall be understood as follows:

5.1.1."Foreign national" means a person who does not have the Mongolian citizenship and has the citizenship of foreign country;

5.1.2."Inviter" means a citizen, a legal entity, and an organization of Mongolia or foreign national legally residing in Mongolia over 90 days period, who guarantees financial resources for the invitee to stay in Mongolia;

5.1.3."Transit passenger" means a foreign national who is traveling between the countries through the territory of Mongolia;

5.1.4."Temporary visitor" means a foreign national who is visiting Mongolia for a period of up to 90 days;

5.1.5."Resident for private purpose" means a foreign national or his/her dependents who visit to reside in Mongolia for purposes, such as study, work, investment, family, business and private other reasons;

/This sub-paragraph was amended by the law as of December 31, 2020/

5.1.6."Resident for an official purpose" means a foreign national or his/her dependents being invited by the state bodies or who come to work at the diplomatic and consular missions of foreign countries in Mongolia, inter-governmental organizations, the United Nations and its specialized organization's representative offices, or foreign and international press representative offices.

/This sub-paragraph was amended by the law as of December 31, 2020/

5.1.7."Stateless person" means a person who has no citizenship of any state;

5.1.8."Immigrant" means a foreign national or a stateless person who acquired permanent residence permit from the competent authorities of Mongolia;

5.1.9."Passport" means the international travel document issued or accepted by an international authority or the government of the foreign country or Mongolia;

5.1.10."Passport replacement documents" means document that is recognized by the Mongolian Law and international treaties to be considered the same as passport and which certifies that the person is a citizen of a foreign country.

5.1.11."Mongolian visa" means the permit of entry into Mongolian border and stay in Mongolia for a certain period of time, issued by an authorized organization;

/This sub-paragraph was modified by the law as of December 31, 2020/

5.1.12."Visa permit" means the document which issued by the state administrative body in charge of foreign nationals or the diplomatic mission abroad of Mongolia, granted by the central state administrative body in charge external affairs, with permission to issue a visa to a foreign national;

/This sub-paragraph was amended by the law as of December 31, 2020/

/This sub-paragraph was amended by the law as of December 26, 2013/

/This sub-paragraph was amended by the law as of July 21, 2016/

5.1.13."Laissez-Passer" means an international travel document issued by the UN to its staff and officials in accordance with the Article 7 of the Convention on the Privileges and Immunities of the United Nations;

5.1.14."Dependent" means a foreign national's spouse, partner, father, mother, grandfather, grandmother or child;

/This sub-paragraph was amended by the law as of December 31, 2020/

5.1.15."E-visa" means an electronic or printed document proving that a Mongolian visa has been issued electronically to a foreign national.

/This sub-paragraph was amended by the law as of December 31, 2020/

CHAPTER TWO

LEGAL STATUS OF FOREIGN NATIONALS

Article 6.Basic principles of the rights and duties of foreign nationals

6.1.In establishing the rights and duties of foreign national residing in Mongolian territory, the Government of Mongolia shall adhere to the principle of reciprocity with the country of which a person is a citizen, and it shall be regulated by the law of Mongolia.

Article 7.Specific rights and duties of foreign nationals

7.1.In order to ensure the sovereignty of Mongolia, the national security, and public order, the Government of Mongolia may enact any legislation it considers necessary to restrict the rights and freedoms of foreign nationals other than fundamental human rights.

7.2.Foreign national shall enjoy equal rights and freedoms as a Mongolian citizen and bear his/her duties to abide to in the conditions except stated in Article 7.1 of this law.

7.3.Foreign national shall have the following rights in the territory of Mongolia:

7.3.1.to enter and reside in Mongolia in accordance with this Law and other laws and regulations;

7.3.2.to be employed in State specialized body or object in compliance with prior permission from the Government of Mongolia; 

7.3.3.to seek political asylum;

7.3.4.other rights stated by laws and regulations.

7.4.Foreign national shall have the following duties in the territory of Mongolia:

7.4.1.to conform Constitution of Mongolia and other laws, and to respect tradition and customs of the nation of Mongolia;

7.4.2.to be registered set forth in article 24 and 26 of this Law;

7.4.3.to pay obligatory taxes stated in Mongolian laws and regulations;

7.4.4.to stay in Mongolia for the permitted period of valid visa and residence permit or to exit Mongolia within permitted period of time or as instructed by the relevant authority of Mongolia unless the international treaties of Mongolia is party to;

7.4.5.to hold valid passport or certificate of alien registration with himself/herself, which issued by relevant authority;

/This sub-paragraph was amended by the law as of December 31, 2020/

7.4.6.other duties stipulated by laws and regulations.

7.5.Foreign national shall not be obliged to serve for the Mongolian armed forces or any other military services.

Article 8.Prohibited activities of foreign nationals

8.1.The following activities by foreign nationals are prohibited within Mongolian territory:

8.1.1.to act contrary the interests of Mongolia, the rights and legitimate interests of Mongolian citizen or other people when enjoying the rights and freedoms stated in the laws and international treaties of Mongolia;

8.1.2.to elect or to be elected for the President and the State Great Khural as well as self-governing bodies of administrative units of Mongolia and to participate in public opinion polls;

8.1.3.to engage in any political activities including establishing or joining organizations, which carry out political activities in the territory of Mongolia and providing financial support;

8.1.4.to act any activity to endanger national unity of Mongolia, spreading cruel and inhumane religious, conducting religious activities in violation of human rights and other illegal method, distributing, promoting and using of pornography, narcotic drugs and psychoactive substances;

/This sub-paragraph was modified by the law as of December 31, 2020/

8.1.5.to carry out activities without permission which specified to be carried out with the permission by law and authorized organizations or officials;

8.1.6.to violate regulations of visa, residence, and registration and to change the place of living to administrative units other than registered or to be employed without authorization from the competent state authority.

8.1.7.Other activities prohibited by laws and regulations.

CHAPTER THREE

AUTHORITY OF STATE BODY AND OFFICIALS AND DUTIES OF LEGAL ENTITIES AND CITIZENS

Article 9.Authority of state body and officials

9.1.The President of Mongolia shall grant the right of asylum to a foreign national, who is being persecuted for their conviction that honored in Mongolia.

9.2.The Government of Mongolia shall exercise following authorities with respect to foreign nationals:

9.2.1.To determine Mongolian visa classification and visa service fees and approve regulation on issuance of Mongolian visa;

/This sub-paragraph was modified by the law as of December 31, 2020/

/This sub-paragraph was amended by the law of February 12, 2015/

9.2.2.To approve regulations for the residence and registration of foreign national in Mongolia;

9.2.3.To approve regulations for deporting foreign national from Mongolia and exempting he/she from deportation and determining the period of non-re-entry into Mongolia;

/This sub-paragraph was added by the law as of December 31, 2020/

9.2.4.to resolve the issue of exempting the citizen of intended country from the visa requirements of Mongolia based on proposal of the central state administrative body in charge of foreign affairs and legal affairs.

/This sub-paragraph was added by the law as of December 31, 2020/

9.2.5.Other authority stated in laws and regulations.

/The number of this sub-paragraph was amended by the law as of December 31, 2020/

9.3.Member of Government in charge of legal affairs shall exercise the following authority with respect to foreign national:

9.3.1.to approve regulations which approves the design of residence permit of foreign national, travel permit of a stateless person in Mongolia and as well as the regulations for their rights to possession, keep and use;

9.3.2.To approve the ethics and disciplinary codes of state inspectors of foreign national;

9.3.3.To set up a unified database for foreign national and to approve the regulations on exchanging the information;

9.3.4.To approve regulations for issuing, returning, and determining the amount of collateral specified in article 36.5 of the this Law;

9.3.5.To approve regulations for issuing, extending, revoking permits to operate in Mongolia for branches and representative offices of international and foreign non-governmental organizations specified in Article 40.1.5 of this law and monitoring the operations.

/This sub-paragraph was added by the law as of December 31, 2020/

9.3.6.Other authority stated in laws and regulations.

/This sub-paragraph was amended by the law as of December 31, 2020/

9.4.Member of Government in charge of external affairs shall exercise the following authority with respect to foreign nationals:

9.4.1.to organize issue of appointment and release a consular officer at the diplomatic missions abroad from Mongolia in accordance with the relevant legislation in consultation with the Member of Government in charge of legal affair;

/This sub-paragraph was modified by the law as of December 31, 2020/

9.4.2.to determine location of the visa application center working in overseas, selection of visa application center and conclusion of contract accordance with the regulation specified in Article 13.3 of this law.

/This sub-paragraph was added by the law as of December 31, 2020/

9.4.3.other authority stated in laws and regulations.

/This sub-paragraph was amended by the law as of December 31, 2020/

9.5.The head of State administrative body in charge of foreign nationals shall exercise the following authority:

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

9.5.1.to organize implementation of laws and regulations on legal status of foreign nationals;

9.5.2.to approve regulation on interviewing foreign national who have applied for adoption of Mongolian children;

9.5.3.to approve regulation on a ban foreign national from Mongolia, cancellation of the ban and its implementation;

9.5.4.to approve regulation for issuing invitation to foreign national to travel to Mongolia on private purposes;

9.5.5.other authority stated in laws and regulations.

9.6.Governors of the aimag and district are obliged to submit summarizing the address registration data of to foreign nationals residing in their subordinate territories /soum or khoroo/ to the State administrative body in charge of foreign nationals every six months.

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

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

9.7.Governors of soum and khoroo shall have the following rights and obligations with respect to foreign national:

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

9.7.1.To keep records of addresses of foreign national residing in the territory;

9.7.2.To make a reference on foreign national residing in the territory;

9.7.3.To work in close cooperation with the relevant organizations and officials in taking measures to prevent foreign nationals from being involved in crimes and violations;

9.7.4.Other authorities stated in laws and regulations.

Article 10.Obligations of the individual, legal entity and organization who invited foreign nationals

10.1.The individual, legal entity and organization, who invited a foreign national into Mongolia shall have the following obligations:

/This paragraph was amended by the law as of December 31, 2020/

10.1.1.To register foreign nationals with the relevant organization in in accordance with legislations;

10.1.2.To provide a guarantee financial source required for a foreign national to stay in Mongolia;

10.1.3.To make sure that foreign national returns within the permitted period of visa and residence permit.

10.2.A type and condition of such a guarantee and other related items regarding this activity stated in article 10.1.2 shall be regulated by the procedures specified in article 9.2.2 of the this Law.

CHAPTER FOUR

MONGOLIAN VISA

Article 11.Mongolian visa

11.1.Unless otherwise provided in the international treaties of Mongolia, a foreign national visiting in Mongolia shall be obtained a Mongolian visa (hereinafter referred to as "visa").

11.2.Visa shall be issued to a foreign national who holds a valid passport or other travel documents that substitutes a passport.

11.3.Visa may be issued in print or electronic form.

/This paragraph was modified by the law as of December 31, 2020/

11.4.The levels of visas are: diplomatic, official and ordinary.

/This paragraph was annulled by the law as of December 31, 2020/

11.5.The visas have types of single, double, multiple, and specification of entry, re-entry and transit, as well as precise classification of entry to the border.

/This paragraph was amended by the law as of December 31, 2020/

11.6.The issuance of a visa to foreign national shall not guarantee his/her entry to Mongolia.

11.7.Visa Design shall be jointly approved by the members of the Government in charge of external affairs and legal affairs.

11.8.Design of a visa shall be approved by jointly, members of the cabinet in charge of external affairs and justice.

/This paragraph was added by the law as of December 31, 2020/

Article 12.Electronic visa

/This Article was modified by the law as of December 31, 2020/

12.1.Electronic visa shall complies with relevant standards of Annex 9 of the Chicago Convention on International Civil Aviation.

12.2.Relations related to issuance of electronic visa shall be governed by the procedure specified in Article 9.2.1 of this law.

Article 13.Visa center

/This Article was modified by the law as of December 31, 2020/

13.1.The visa center will receive visa applications and forward accurately and promptly the received visa applications to the visa issuing authority.

13.2.The operation of Mongolian visa center shall be performed by legal entity that has special license carrying out this type of activity in international or in that country. 

13.3.The Government shall approve the procedure for determining the location of the visa center, selecting it and concluding a contract.   

Article 14.Ordinary level visa

14.1.Ordinary level visa shall be issued to foreign national in all cases other than set forth in article 12 or 13 of the present Law.

14.2.Ordinary level visa shall be indicated with Latin alphabet "E".

/This paragraph was annulled by the law as of December 31, 2020/

Article 15.Visa classification

/This Article was modified by the law as of December 31, 2020/

15.1.The certain visa classification shall be issued to foreign national based on his/her purpose of crossing the border.

15.2.The visa classification shall be determined in accordance with the procedure specified in Article 9.2.1 of this law.  

Article 16.Visa issuing authorities

16.1.Visa shall be issued by the following authorities:

16.1.1.The state central administrative body in charge of external affairs;

16.1.2.The State administrative body in charge of foreign nationals; or

/This sub-paragraph was amended by the law as of December 26, 2013/

/This sub-paragraph was amended by the law as of July 21, 2016/

16.1.3.Diplomatic missions of Mongolia to foreign countries.

/This sub-paragraph was modified by the law as of December 31, 2020/

16.2.The visa issuing authority shall exercise full authority/powers to issue, refuse to issue, change the classification, extend, or cancel a visa or appropriate classification in accordance with the legislations of Mongolian and visa issuance regulations.

/This paragraph was added by the law as of December 31, 2020/

16.3.A single-entry or transit visa of appropriate classification may be to a foreign national at the border port of Mongolia in accordance with the visa approval issued by the organization specified in Article 16.1.1 and 16.1.2 of this law, if he/she carries the set of documents required for issuing a visa of that classification.

/This paragraph was added by the law as of December 31, 2020/

Article 17.Authority of visa issuing authorities

17.1.The Central state administrative body in charge of external affairs shall exercise the following authority:

17.1.1.To issue, refuse or change visa classification, to extend visa term and/or to cancel visa set forth in article 15.1.1 and 15.1.2 of the present Law.

17.2.The State administrative body in charge of foreign nationals shall exercise the following authority:

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

17.2.1.To issue, refuse or change visa classification, to extend visa term and/or to cancel multiple entry or re-entry visa types stated in article 15.1.3 and 15.1.11 of the present Law to foreign national visiting Mongolia temporarily or residing the country for private purpose;

17.2.2.To issue entry or transit visas set forth in article 15.1.3 and 15.1.11 of the present Law to foreign national, if he/she holds required document to issue visa at the border checkpoints of Mongolia;

17.2.3.To issue visas set forth in article 15.1.1 and 15.1.2 of the present Law to foreign national at the border checkpoints of Mongolia in accordance with visa permit granted by the Central state administrative body in charge of external affairs.

17.3.Mongolia's diplomatic and consular missions and Honorary Consuls of Mongolia shall exercise the following authority:

17.3.1.To issue 30-day visas set forth in article 15.1.4, 15.1.5 and 15.1.7 or visas set forth in article 15.1.1 and 15.1.2  of the present Law to foreign national in accordance with visa permit granted by the Central state administrative body in charge of external affairs;

17.3.2.To issue visas other than set forth in article 17.3.1 of the present Law in accordance with visa permit granted by the State administrative body in charge of foreign nationals.

/This sub-paragraph was amended by the law as of December 26, 2013/

/This sub-paragraph was amended by the law as of July 21, 2016/

/This sub-paragraph was annulled by the law as of December 31, 2020/

Article 18.Duration of visa

18.1.Unless otherwise stated in the international treaties of Mongolia, single and double entry visas shall be valid for 150 days until foreign national entering Mongolian border.

/This paragraph was modified by the law as of December 31, 2020/

18.2.Unless otherwise stated in the international treaties of Mongolia, the validity period of a multiple-entry visas issued to a temporary visitor shall be valid for 183 or 365 days and days to stay in Mongolia shall be 30 days.

18.3.Multiple entry visa issued to foreign national residing in Mongolia for official and private purposes shall be valid within the permitted period of the residence permit.

/This paragraph was annulled by the law as of December 31, 2020/

18.4.Re-entry visa issued to foreign national residing in Mongolia for official and private purposes shall be valid within 180 days after exit from Mongolia;

/This paragraph was annulled by the law as of December 31, 2020/

18.5.Duration of a visa shall be recorded on the visa label in the following order; year, month and date;

/This paragraph was annulled by the law as of December 31, 2020/

Article 19.Duration of stay to be determined by a visa    

19.1.Unless otherwise stated in the international treaties of Mongolia, the duration of stay for foreign national in Mongolia after entering its border shall be determined on a visa as follows:

19.1.1.Temporary visitor up to 90 days;

19.1.2.Transit passenger up to 10 days;

19.1.3.Duration of stay of a foreign national residing in Mongolia for official or private purposes shall be determined without indicating any date and until his/her residence permit is issued.

19.2.Duration of visa specified in Article 19.1.1 of this Law may be extended by up to 30 days once by the State administrative body in charge of foreign national.

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

Article 20.Visa and visa permit

20.1.Visa and visa permit shall be issued considering the inviter's request and guarantee stated in article 10.1.2 of this Law.

20.2.The inviter shall apply to the state administrative body in charge of external affairs for diplomatic and official level visas for foreign national and; to the State administrative body in charge of foreign nationals for an ordinary level visa.

/This paragraph was annulled by the law as of December 31, 2020/

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

20.3.Visa issuing authorities stated in article 16.1 of this Law may request a medical examination in order to deciding whether to issue a visa to foreign national who applied for residence permit for official or private purposes in Mongolia.

20.4.The organizations stated in article 16.1 of this Law shall not be obliged to provide an explanation on the reason for refusing to issuing visa, visa approvals, or visa extensions to a foreign national.

CHAPTER FIVE

ENTRY TO MONGOLIA AND TRANSIT TRAVEL THROUGH MONGOLIA

Article 21.Entry to Mongolia

21.1.Unless otherwise specified in the international treaties of Mongolia, foreign national with valid passport or documents that replaces the passport or has obtained a visa may only enter Mongolia in accordance with the regulations set forth in the laws of Mongolia.  

Article 22.Refusal of entry to Mongolia

22.1.A foreign national may be refused entry to Mongolia if he/she meets any of the following circumstances:

22.1.1.if a child under age of 16 or a foreign national without legal capacity does not have a legal guardian or supporter;

22.1.2.if there is a person who is infected with an infectious disease that may endanger public health, or who has symptoms of being infected;

/This sub-paragraph was modified by the law as of December 31, 2020/

22.1.3.Has been announced as persona non grata or expelled from Mongolia;

22.1.4.Has been wanted internationally;

22.1.5.Has been strongly suspected to endanger national security or public order of Mongolia;

22.1.6.Has believed through convincing evidence for lack of financial support to stay in and exit from Mongolia;

22.1.7.Has been deported according to regulations set forth in this Law and period of the ban to entry Mongolia has not finished;

22.2.The lists of diseases specified in Article 22.1.2 of this law shall be jointly approved by members of the Government in charge of health and legal affairs.

/This paragraph was added by the law as of December 31, 2020/

22.3.A foreign national may be refused entry to Mongolia, if he/she cannot determine the purpose pf travel or entry to Mongolia, or who has a visa classification that does not match the purpose of travel.

/This paragraph was added by the law as of December 31, 2020/

Article 23.Transit travel through Mongolia

23.1.Unless otherwise stated in the international treaties of Mongolia, a foreign national with valid passport or documents that replaces the passport may pass through the territory of Mongolia with appropriate visa.

23.2.A foreign national on international flights can pass through the territory of Mongolia without a visa.

CHAPTER SIX

RESIDENCE OF A FOREIGN NATIONAL IN MONGOLIA

Article 24.Registration of a foreign national

/This Article was modified by the law as of December 31, 2020/

24.1.According to the Article 17.6 of the Border Law of Mongolia, the border protection organization shall take a biometric data when a foreign national enters to state border and register it in the unified database of passengers who has entered State border.

24.2.It shall include the ground for exemption from the registration of biometric data in the database specified in the article 24.1 of this law which stated in the procedure specified article 9.2.2 of this law.

24.3.Foreign national who residing in Mongolia for official and private purpose shall be issued a non-overlapping registration number that includes the abbreviation of the country of his/her nationality, date of birth, and gender etc. by the State administrative body in charge of foreign nationals.

24.4.The citizens, legal entities and organizations that provides an accommodation for foreign nationals shall register him/her at the State administrative body in charge of foreign nationals within 48 hours and the registration shall be done by electronically.

24.5.The regulations specified in Article 24.3, 24.4 of this law shall be governed by the procedures stated in Article 9.2.2 of this law.

24.6.The registration number stated in Article 24.3 of this law shall be used for foreign national when providing by the government service.

Article 25.Registration of family status of a foreign national

25.1.Registration of citizen related to a foreign national shall be carried out by the State administrative body in charge of civil registration and shall provide the State administrative body in charge of foreign nationals with all the information monthly.

/This paragraph was amended by the law of December 26, 2013/

/This paragraph was amended by the law of July 21, 2016/

/This paragraph was amended by the law of June 21, 2018/

Article 26.Address registration of a foreign national

26.1.A foreign nationals residing in Mongolia for private purpose, or a foreign resident set forth in article 32.2 shall be registered the address registration at the Governor's Office of soum or Governor of khoroo within 14 days after his/her arrival.

26.2.If a foreign national changes his/her residence address stated in article 26.1 of this Law, he/she shall notify at the previously registered authority and have been made a deduction from the registration. The address registration shall be done at the newly resided Governor's Office of soum/khoroo within 14 days.

Article 27.Residence in Mongolia for private purpose

27.1.The residence permit for private purposes shall be granted for 5 years by the State administrative body in charge of foreign nationals with possible extension for another 3 years' considering the request of a foreign national and with a proposal by relevant state bodies.

/This paragraph was amended by the law as of July 21, 2016/

27.2.A foreign national will be granted the residence permits for private purpose in Mongolia in the following form:

27.2.1.for family reasons;

27.2.2.for purpose of immigration;

27.2.3.for work;

27.2.4.for investment purpose;

27.2.5.for study, professional development, internship, academic and research and other private purposes.

27.3.The granting of a residence permit for private purpose or the extension of period of the permit may be refused or cancelled, if he/she fall any of the following circumstances:

27.3.1.As recommended by intelligence or police organization;

27.3.2.Have been violated the regulations on visa, registration and residence specified in this Law twice or more times;

27.3.3.Have carried out the activities specified in article 8 of this Law;

27.3.4.Have corrected, counterfeited, forged and collected any permits or other documents that are issued by authorized bodies.

27.3.5.The passport of foreign national or document that replace a passport has been invalidated by the affiliated authorized body.

/This sub-paragraph was amended by the law as of December 31, 2020/

27.4.The number of foreign national residing in Mongolia for private purpose may not exceed three percent of total population of Mongolia and among them nationals of one country may be up to one percent.

27.5.A foreign national shall request/submit the application for the state administrative body in charge of foreign nationals within 21 days from the day that foreign national enters the border of Mongolia.

/This paragraph was added by the law as of December 31, 2020/

Article 28.Residence in Mongolia for family reasons

28.1.If a related person of a foreign national who has registered a marriage with Mongolian citizen or who has obtained a residence permit for personal purpose shall apply/request residence in the country, the State administrative body in charge of foreign nationals shall grant him/her the residence permit with period set forth in article 27.1 of this Law.

/This paragraph was amended by the law as of December 31, 2020/

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

28.2.The period of residence permit of the foreign national in Mongolia which stated in article 27.2-27.5 of this Law shall determine the period of residence permit of his/her dependents in Mongolia.

/This paragraph was amended by the law as of December 31, 2020/

28.3.The State administrative body in charge of foreign nationals adhering the principle of reciprocity may grant a residence permit without a period of time, if a foreign national residing in Mongolia for family reason is aged 55 or over.

/This paragraph was amended by the law as of December 26, 2020/

/This paragraph was amended by the law as of July 21, 2016/

28.4.The State administrative body in charge of foreign nationals shall refuse or cancel to issue or to extend the residence permit for foreign national reside in Mongolia for family reason in the following cases other than as stated in article 27.3 of this Law:

/This paragraph was amended by the law as of December 31, 2020/

/This paragraph was amended by the law as of July 21, 2016/

28.4.1.A foreign national married to a citizen of Mongolia in a counterfeit manner in order to get the permit stated in 28.1 of this Law;

28.4.2.If divorce is finalized as stated in article 11.2 of Law on Family.

Article 29.Immigration to Mongolia

29.1.The State administrative body in charge of foreign nationals shall grant permit to emigrate/reside in Mongolia for a period stated in article 27.1 of this Law considering a foreign national's request, internal situation and the economic capacity of the country, and his/her educational background and professional skills.

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

29.2.The State administrative body in charge of foreign nationals shall pursue the principles stated in article 28.3 of this Law when granting immigration residence permit, if a foreign national applying to immigrate to Mongolia is aged 55 or over.

/This paragraph was amended by the law as of December 26, 2020/

/This paragraph was amended by the law as of July 21, 2013/

29.3.If a foreign national who received an immigration residence permit in Mongolia has not been reside in the territory of the country for more than over 180 days per year, the State administrative body in charge of foreign nationals may cancel an immigration residence permit of a foreign national.

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

29.4.If a stateless person who received an immigration residence permit in Mongolia intends to travel to other countries, the State administrative body in charge of foreign nationals shall issue a Certificate to travel abroad to him/her. 

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

29.5.The number of permanent residents residing in Mongolia may be up to 0.5 percent of the population of Mongolia and among them nationals of one country up to 0.17 percent.

29.6.In the condition that the number of foreign permanent residents in Mongolia is less than 0.4 percent of the population of Mongolia, the State Great Khural shall determine the number of foreign national who can immigrate to the country, based on location of their residence in the country,    territorial and administrative units of Mongolia considering the proposal submitted by the Government, once during the term of office and if the number is above than 0.4 percent of the population of Mongolia, the State Great Khural shall determine annually.

Article 30.Residence in Mongolia for work, investment, study, professional development, training, scientific and research purposes

30.1.The State administrative body in charge of foreign nationals shall grant residence permit to foreign national who came to Mongolia for work, investment, study, professional development, training, scientific and research purposes based on the requests of central state administrative bodies in charge of investment, labor and education and their authorized organizations.

/This paragraph was amended by the law as of December 31, 2020/

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

30.2.A foreign national shall apply for an extension of the duration of permit stated in article 30.1 of this Law to the relevant organizations upon the request of State administrative body of foreign national.

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

Article 31.Processing period of the residence permit for personal purpose in Mongolia

31.1.The State administrative body in charge of foreign nationals shall process the request to grant permit to reside Mongolia for private purpose within 60 days and its extension within 30 days.

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

Article 32.Residence in Mongolia for official purpose

32.1.The Central state administrative body in charge of external affairs shall grant and extend the residence permit for foreign nationals, who arrive in Mongolia to work at foreign diplomatic or consular missions, resident representative offices of the UN or its specialized organizations and foreign countries and international media representatives.

32.2.The State administrative body in charge of foreign nationals shall grant and extend residence permit to foreign nationals, who arrived in Mongolia at the invitation of state body or to work at an inter-governmental organization based on the request of invitee.

32.3.A foreign national shall submit an application for a residence permit specified in Article 32.1 of this law to the central state administrative body in charge of foreign nationals within 21 days from the date of entry into the country's border, and a foreign affair shall submit an application for the residence permit specified in Article 32.2 of this law to state administrative body in charge of foreign nationals from the date of entry into country's border within 21 days.    

/This paragraph was added by the law as of December 31, 2020/

Article 33.Issuance of an alien registration card

33.1.The State administrative body in charge of foreign nationals shall issue an alien registration to foreign nationals who came to Mongolia for private purposes and have received the residence permit pursuant to article 32.2 of this Law.

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

33.2.The following information shall be included in an alien registration card specified in article 33.1 of the present Law:

33.2.1.Full name;

33.2.2.Date of birth;

33.2.3.Sex

33.2.4.Number of residence certificate;

33.2.5.his/her children under 16;

33.2.6.Citizenship;

33.2.7.Type of residence permit;

33.2.8.Serial number of residence permit;

33.2.9.Issued by;

33.2.10.Validity period;

33.2.11.Extension;

33.2.12.Civil registration number;

/This sub-paragraph was amended by the law as of June 03, 2022/

33.2.13.Notes of violation;

33.2.14.Residence addresses and its changes;

33.2.15. Fingerprint.

33.3.If a foreign national leaves Mongolia permanently, he/she shall return an alien registration card to the State administrative body in charge of foreign nationals.

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

CHAPTER SEVEN

EXIT FROM MONGOLIA

Article 34.Exit from Mongolia and suspension the exit

34.1.Foreign national must leave the country within the period permitted to stay in Mongolia.

34.2.The exit of foreign national shall be suspended for the following period, if he/she fall any of the following circumstances:

34.2.1.Have been suspected or accused of criminal offense, until the case is decided based on the decision of the competent authority;

34.2.2.Have been sentenced to punishment of imprisonment until term of sentence is served or until the foreign national have been transferred to their country of nationality in accordance with international treaties to which Mongolia is a party;

34.2.3.If there is a decision of the court, prosecutor or court decision of enforcement agency, to temporary suspend the foreign citizens' departure  or exit from Mongolia in accordance with the Criminal Procedure Code, the Law on Infringement Control and Resolution and the Law on Court's Decision Enforcement.

/This sub-paragraph was modified by the law as of May 18, 2017/

34.2.4.If there is a court decision or a judge's order on temporarily suspending a foreign national to leave Mongolia and initiating  a civil case in the court.   

/This sub-paragraph was added by the law as of December 31, 2020/

34.3.Head of the State administrative body in charge of foreign nationals shall make the decision on temporarily suspension foreign national to leave Mongolia based on the proposal by the relevant organizations.

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

34.4.The State administrative body in charge of foreign nationals shall inform the Central administrative body in charge of external affairs about the decision stated in article 34.3 of this Law within 24 hours.

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

Article 35.Notice to exit Mongolia

35.1.The State administrative body in charge of foreign nationals shall notify a foreign national to exit from Mongolia voluntarily, if his/her residence permit has not been granted, or the previously issued permit is cancelled or it was refused to be extended  on the grounds pursuant to Article 27.3 of this Law.

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

35.2.Foreign national who has received the notice stated in Article 35.1 of this Law, shall be obliged to leave Mongolia within 10 days.

Article 36.Detention of foreign nationals

36.1.A foreign national can be detained if he/she meets one of the following circumstances:

36.1.1.Has failed to leave the country within the period stated in Article 35.2 of this law;

36.1.2.Is believed to hinder deportation process or suspected of any crime and violation;

36.1.3.Does not carry his/her passport or other travel documents to replace a passport or he/she is unable to b be identified.

36.2.Foreign national who has committed violations stated in Article 36.1.3 of this Law may be temporarily detained for a period of not more than six hours by the decision of state inspector of Foreign Citizens' Control specified in Article 41.1 of this Law.

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

36.3.A foreign national can be detained for a period of up to 14 days pursuant to Article 36.1 of this law by the court decision and if necessary, detention period can be extended for up to 30 days based on the proposal by the State administrative body in charge of foreign nationals.

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

36.4.The State administrative body in charge of foreign nationals shall make foreign national to pay for the expenses with respect to detention himself/herself or make an individual, or legal entity and organization that provided guarantees specified in Article 10.1.2 of this Law.

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

36.5.Foreign national, who has committed the violations stated in Article 36.1.1 or 36.1.3 of this Law can be released on a collateral.

36.6.The State administrative body in charge of foreign nationals shall inform the Central administrative body in charge of foreign affairs about the detention of foreign national within 24 hours.

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

36.7.Capital city or border checkpoints shall have "Detention centers" for foreign national and Member of Cabinet in charge of legal affairs shall approve the regulation for operation such detention center in consultation with State Prosecutor General.

Article 37.Deportation and exemption from deportation of foreign national

/This title of this article was added by the law of December 31, 2020/

37.1.If there are no grounds for criminal charges, foreign national shall be deported from Mongolia on the following circumstances:

37.1.1.Has been proven that foreign national entered the territory of Mongolia with invalid or forged documents;

37.1.2.Has avoided to leave Mongolia after residence permit expired;

37.1.3.the temporary visitor has violated the visa regulation and registration procedure twice or more times and charged with liability specified in legislations;

/This sub-paragraph was amended by the law of December 31, 2020/

37.1.4.Has undertaken activities prohibited in Article 13 of the "Law on control the circulation of narcotics and psychotropic drugs";

37.1.5.Has been diagnosed with a mental illness by a medical institution;

/The sub-paragraph was amended by the law of December 13, 2012/

37.1.6.Has used an illegally acquired, counterfeited, or altered passport or visa or residence permit;

37.1.7.Has been employed without a permit from the competent authorities or engaged in an activity that is different from the purpose of his/her entry.

37.1.8.Has failed to comply the Notice to voluntarily leave Mongolia in accordance with Article 35.1 of this Law;

37.1.9.the police have submitted a reasoned proposal regarding a foreign national who has been held liable according to the law for twice or more times violation of public order.

/This sub-paragraph was amended by the law of December 31, 2020/

37.1.10.Has been considered by the relevant competent authorities, to endanger national interests and public security;

37.1.11.Has convicted by a court serving his/her sentence, or has been released from his/her sentence or has been transferred to his/her country of jurisdiction in accordance with international treaties to which Mongolia is a party;

37.1.12.Has overstayed duration of temporary visitor;

37.2.The decision to deport a foreign national from Mongolia shall be made by the head of State administrative body in charge of foreign nationals based on the opinion of State inspector. The foreign national shall not allowed to enter Mongolia for 1-10 years, depending on the reason for deportation.

/This paragraph was added by the law of December 31, 2020/

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

37.3.State administrative body in charge of foreign nationals shall create a database by taking photos and fingerprints of foreign national deported from Mongolia.

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

37.4.The decision on deportation specified in Article 37.2 of this Law shall be carried out by the State administrative body in charge of foreign nationals in collaboration with the border guard and police.

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

37.5.State administrative body in charge of foreign nationals shall enter the information about foreign nationals who is being deported and the period of ban on entering Mongolia into the foreign national's general database.

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

/This paragraph was amended by the law of December 31, 2020/

37.6.State administrative body in charge of foreign nationals shall make foreign national to pay himself/herself for the expenses regarding the deportation or if he/she is unable to pay, the State administrative body in charge of foreign nationals may be responsible for the payment.

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

37.7.Deporting a foreign national from Mongolia shall not be considered as the transfer of  convict to another country.

37.8.State administrative body in charge of foreign nationals shall inform the Central administrative body in charge of external affairs about the deportation of foreign national.

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

37.9.The head of the State administrative body in charge of foreign nationals shall decide whether or not to grant exemption from deportation based on the opinion of the State inspector of foreign national control, if a foreign national who has committed a violation specified in Articles 37.1.2 and 37.1.12 of this Law is a victim of personal circumstances, family deprivation, human trafficking, or has made a request due to valid health reasons, or in the event that there are grounds stated in Section 1.6, Article 43.3 of the Law on Criminal Procedure.

/This paragraph was added by the law of December 31, 2020/

37.10.The head of the State administrative body in charge of foreign nationals may extend the period of non-re-entry of forcibly released foreign nationals into Mongolia. The issue related to extension of the period of non-re-entry into Mongolia shall be governed by the procedure specified in Article 9.2.3 of this Law.

/This paragraph was added by the law of December 31, 2020/

Article 38.The country to transfer foreign nationals

38.1.Foreign national shall be deported to his/her country of nationality/jurisdiction.

38.2.Foreign nationals can be deported/transferred to one of the following countries, if it is not possible to directly transfer a foreign national who being extradited to his/her country of nationality/jurisdiction:

38.2.1.The country previously resided or country of birth;

38.2.2.The country of last transit before entering Mongolia;

38.2.3.The country where visa is issued.

CHAPTER EIGHT

LEGAL STATUS AND GUARANTEE OF THE STATE ADMINISTRATIVE BODY

IN CHARGE OF FOREIGN NATIONAL AND ITS OFFICER

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

Article 39.Structure of the State administrative body in charge of foreign nationals

39.1.State administration in charge of foreign national shall be composed of headquarter, its border check points and local offices.

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

39.2 Deleted

/This paragraph was annulled by the law as of December 26, 2013/

39.3 Deleted

/This paragraph was annulled by the law as of December 26, 2013/

Article 40.The authority of the State administrative body in charge of foreign nationals

/The title of Article was amended by the law as of December 26, 2013/

/The title of Article was amended by the law as of July 21, 2016/

40.1.The State administrative body in charge of foreign nationals shall implement the following authorities:

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

40.1.1.To organize the implementation of state policy on foreign national;

40.1.2.To monitor the implementation of laws and regulations on foreign national;

40.1.3.To provide Mongolia's diplomatic and consular missions abroad with professional and methodical assistance;

/This sub-paragraph was amended by the law of December 31, 2020/

40.1.4.To maintain unified database consisting of paper and electronic information on visas, registrations, and information of foreign national, ensure the security of storage and protection of the database, and exchange information with relevant government agencies through the database;

/This sub-paragraph was modified by the law of December 31, 2020/

40.1.5.To issue, extend, cancel the permit for international and foreign non-governmental organization and its representative office in Mongolia and to monitor its activity;

40.1.6.Deciding to adopt a child who is a citizen of Mongolia to foreign nationals;

/This sub-paragraph was amended by the law of December 31, 2020/

40.1.7.To register exit and entry notices of foreign nationals who have received an immigration residence permit in Mongolia. A foreign national must register this notice at the State administrative body in charge of foreign nationals at least 72 hours before entering the border of Mongolia.

/This sub-paragraph was added by the law of December 31, 2020/

40.1.8.other authorities stated in laws and regulations.

/This sub-paragraph was amended by the law of December 31, 2020/

40.2.State administrative body in charge of foreign nationals shall not be obliged to explain  the reason for refusal of application as stated in Article 27.3 of this law;

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

Article 401.Unified database of visas, registrations, and information for foreign nationals

/This Article was added by the law of December 31, 2020/

401.1.The Mongolia has a unified database of visas, registrations, and information for foreign nationals. The unified database of visas, registrations, and information of foreign nationals shall be property of the State and will be connected to the unified database of passengers entering the country.  

401.2.The unified database of visas, registrations, and information for foreign nationals shall consist of a paper and electronic database of foreign nationals who applied for a Mongolian visa, issued a visa, refused to issue a visa, crossed the Mongolian border, temporarily arrived in Mongolia, resided in Mongolia on official or private grounds, and has been suspended from leaving Mongolia, deported, exempted from deportation, declared as undesirable persons in Mongolia.

401.3.The State administrative body in charge of foreign nationals shall be responsible for ensuring the confidentiality of the unified database of foreign nationals' visa, registration and information.

401.4.The unified database of foreign nationals' visa, registration and information shall be possible to create and develop in electronic form and can be shared with other state databases and used jointly by authorized organizations.

401.5.The regulations/ procedures for the using, supplying and exchanging information on the unified database of foreign nationals' visa, registration and information shall be jointly approved by the members of the Government in charge of legal and foreign affairs.

Article 41.State inspector of foreign national and its authority and guarantee

/The title of this Article was amended by the law as of December 26, 2013/

/The title of this Article was amended by the law as of July 21, 2016/

41.1.A state inspector of foreign national shall be a Mongolian citizen, who is authorized to monitor and inspect the implementation of the laws and regulations on the legal status of foreign national and other relevant laws and regulations.

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

41.2.The head of the State administrative body in charge of foreign nationals shall be General state inspector of foreign national.   

/This paragraph was amended by the law as of December 31, 2020/

/This paragraph was amended by the law as of July 21, 2016/

41.3.The General state inspector of foreign national shall decide matters of granting, suspending and canceling the rights of the state senior inspector and state inspector (hereinafter referred to as "inspector") of foreign national.

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

41.4.State inspector shall take an oath "I swear, as state inspector of foreign national inspection to serve honestly to maintain the independence and national security of Mongolia, to honor the human right, justice and equity in inspecting foreign national and its documentation, to strictly follow the state inspector's code of ethics and be a subject only to the Mongolian law, not subject to any interference, subject to any organization and individual in the principle of equality before the law and responsibilities under the relevant law".

/This paragraph was amended by the law as of December 26, 2013/

/This paragraph was amended by the law as of July 21, 2016/

41.5.State inspector shall wear a uniform with an identification badge. The model of uniforms and identification badge and regulation for their use, and the period of service of uniforms shall be approved by the Member of the Cabinet in charge of justice/legal affair.

41.6.It is prohibited to other individuals, legal entity and organization to use uniforms and badges of the same design as uniforms and badges of the state inspector.

41.7.State inspector shall exercise the following rights other than the rights and responsibilities stated in Mongolian Law on State Control and Inspection and Law on Infringement Control:

/This paragraph was amended by the law as of December 31, 2020/

41.7.1.Deleted

/The paragraph was invalidated by the law of December 28, 2016/

41.7.2.To carry out inspection of a passport or other documents replace a passport of a foreign national, if necessary, keep and transfer the document to authorized organization until the breach is settled;

/The sub-paragraph was amended by the law of December 28, 2016/

41.7.3.To make conclusion on deporting a foreign national from Mongolia or exempting him/her from the deportation;

/This sub-paragraph was added by the law as of December 31, 2020/

41.7.4.To make suggestions/ proposal to cancel on decision to suspend or deport a foreign national from Mongolia;

47.7.5.Deleted

/This sub-paragraph was annulled by the law as of December 28, 2016/

41.7.6.Other rights stated in laws and regulations;

/The paragraph was modified by the law of December 26, 2013/

41.8.A year of work at border checkpoint of state inspectors shall be calculated as a year and three months and an officer who worked at the border checkpoints or local offices for over 5 years shall be rewarded the amount equal to 30 months' salary per every 5 years.

41.9.The state inspector may use the following special devices and techniques when performing official duties:

41.9.1.Special devices for each state inspector;

41.9.2.Special devices used to forcibly stop vehicle;

41.9.3.Special defensive equipment;

41.9.4.Self-defense techniques for fighting without weapons.

/This paragraph was added by the law as of December 26, 2013/

41.10.The devices and techniques as stated in the article 41.9 of this law, can be used in following cases:

41.10.1.Deliberately failed to comply with the legal demands of state inspector or resisted using a force against state inspector;

41.10.2.attacked in a way that may cause damage to human life and health.

/This sub-paragraph was added by the law as of December 26, 2013/

41.11.In case of injuries caused to human life or health due to the using of special devices and techniques, the state inspector shall take measures to provide immediate medical assistance and notify the head of an organization concerned.

/This paragraph was added by the law as of December 26, 2013/

41.12.The instructions of storage, usage, list of special devices, shall be approved by the Member of Cabinet in charge of justice in consultation with the Prosecutor General.

/This paragraph was added by the law of December 26, 2013/

CHAPTER NINE

LIABILITIES FOR VIOLATORS OF THE LAW

Article 42.Liabilities for violators of the law

42.1.If an act by an official in breach of this Law is not criminal in nature, liabilities specified in the Law on Public Service shall be imposed.

42.2.A person or a legal entity that violates this Law shall be subject to liabilities under the Criminal Code of Mongolia or the Law on Violation.

/This article was modified by the law of December 04, 2015/

CHAPTER TEN

MISCELLANEOUS

Article 43.Regulations to set up period and counting

43.1.The duration of visa and residence permit period shall be determined as a year, month and day.

43.2.Visa and residence permit period shall be counted from the next day.

43.3.If the last day of the period to be counted as stated in Article 43.2 of this Law, falls on non-business day, the period expires on its next business day.

43.4.If case of extension of visa or residence permit, a new period shall be counted from the expiry date.

Article 44.Entry into force of the law

44.1.This law shall entry into force on September 1, 2010.

CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA D. DEMBEREL