(2023-02-06-ны өдрийн орчуулга)                                                       Unofficial translation

LAW OF MONGOLIA

April 24, 2020                                                                                              Ulaanbaatar city

ON ARCHIVES AND RECORDS MANAGEMENT

/Revised edition/

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the law

1.1.The purpose of this law is to regulate relations with respect to the creation, registration, storage, protection, supervision, use of the national archival holdings, and management of records in Mongolia.

Article 2.Legislations on archives and records management

2.1.The legislations on archives and records management consists of the Constitution of Mongolia, the Law on the Mongolian Language, the Law on Protection of Cultural Heritage, the Law on Digital Signatures, this law and other laws and legal acts enacted in conformity therewith.

2.2.If an international treaty, to which Mongolia is party, provides otherwise, the provision of such international treaty shall apply.

Article 3.Principles of archiving and records management

3.1.The following principles shall be followed in activities of archiving and records management:

3.1.1.to be unified in terms of methodology;

3.1.2.to keep regular and complete submission;

3.1.3.to be independent;

3.1.4.to ensure be safe and secure preservation and protection;

3.1.5.to ensure open and prompt use within the scope of the law.

Article 4.Definition of legal terms

4.1.The following terms used in this law shall be understood as follows:

4.1.1."archive" means an organization and an organizational unit of the organization responsible for receiving, compiling, registering, storing, protecting, monitoring archival documents or enabling their use in accordance with the procedures specified in this law;

4.1.2."archival documents" means all types of documents permanently or temporarily stored in archives;

4.1.3."archive depository unit" is one or several documents with registration numbers that are classified by specific characteristics and physically stored separately;

4.1.4."archival holdings" are archival documents that are stored and classified by their origin and value that are inseparable;

4.1.5."corporate archive" means an organizational unit that ensures the creation, registration, preservation, storage, and use of archival documents created in activities of a legal entity;

4.1.6."document" means an official information recorded on any data carrier and documented in a standard format;

4.1.7."formation of documents" means information prescribed by laws and standards that are essential for the creation of documents and their official validity;

4.1.8."checking the value of documents" is a process of studying history, research, information, references and other importance of documents in order to determine the storage period of documents and select documents for the archive holdings;

4.1.9."disaster" is defined in Article 4.1.1 of the Law on Disaster Prevention;

4.1.10."national archive holdings" mean all types of documents that are permanently stored or preserved in archives and that reflect the history of Mongolian people's life and development, and have academic, social, political, economic, cultural, and scientific significance, regardless of location of storage, form of ownership, origin, or period of origin;

4.1.11."holdings creator" means a person or legal entity who creates an archival holdings or treasure with valuable historical documents in the course of their activities;

4.1.12."list of records" means a list of records to be maintained in activities of an organization in a given year in which names of archive documents and their retention term are determined;

4.1.13."digital document" is defined in Article 4.1.9 of the Law on Transparency of Public Information;

/This sub-paragraph was amended by the law dated December 17, 2021/

4.1.14."digital signature" is defined in Article 4.1.2 of the Law on Digital Signatures.

CHAPTER TWO

POWER, DUTIES AND ORGANIZATION OF STATE ORGANIZATIONS FOR ARCHIVING AND RECORDS MANAGEMENT

Article 5.Powers of government organizations for archives and records management

5.1.The State Great Khural shall exercise the following powers for archives and record keeping:

5.1.1.determine the state policy in archives and records management;

5.1.2.solve an issue of transfer of ownership of documents that are referred to holdings of the state archives;

5.1.3.other powers stipulated by law.

5.2.The Government shall exercise the following powers for archives and records management:

5.2.1.implement integrated measures to introduce information technology achievements in the preparation, registration, preservation, storage and use of documents of the national archives;

5.2.2.make a decision to inclusion of funds required for the state archives in an annual budget, provide designated premises, equipment and machinery, carry out technological innovation, strengthen human resources, solve the social issues of employees, and approve and implement specific projects and programs;

5.2.3.make a decision on organizing a state inspection on archives and records management activities;

5.2.4.take and finance measures based on the general requirements for the introduction of digital document management systems in activities of government organizations, archive and records management software;

5.2.5.grant a permission to release documents of the state archives holdings abroad temporarily as per the grounds and procedures provided by law;

5.2.6.other powers stipulated by law.

5.3.The central state administrative body in charge of archiving and records management shall exercise the following powers:

5.3.1.to organize activities to implement legislations and government decisions on archiving and record management;

5.3.2.to approve and implement the procedures and instructions related to the implementation of laws and regulations on archives and records management;

5.3.3.other powers stipulated by law.

5.4.A citizens' representatives meeting of a province, soum, district, and the capital city shall exercise the following powers for archives and records management:

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

5.4.1.to reflect and approve certain measures in the governor's action program and main areas of economic and social development of a province, soum, district and the capital city;

/This sub-paragraph was amended by the law dated April 22, 2022/

5.4.2.to approve a local budget required for archival activities;

5.4.3.to make a decision to transfer archival documents to the relevant state archives in case of privatization of the locally owned organization;

5.4.4.other powers stipulated by law.

5.5.A Governor of a province, soum, district and the capital city shall exercise the following powers for archives and records management:

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

5.5.1.to organize activities to implement laws and regulations on archives and records management in the jurisdiction;

5.5.2.to provide the archive with the designated premises, equipment, and techniques, take and implement organizational measures to train or re-train its staff, and solve their social issues;

5.5.3.to perform functions related to archival work and services, preservation, protection, formulation or collection, and use of state archive documents for the government;

/This sub-paragraph was added by the law dated April 22, 2022/

5.5.4.to submit a proposal to the Government and the central state administrative body if the Governor of a province or the capital city is not able to solve an issue on provision of a designated place for the state archives with local funds;

/This clause was added by the law dated April 22, 2022/

5.5.5.other powers stipulated by law.

/This sub-paragraph's number was amended by the law dated April 22, 2022/

Article 6.State administrative body in charge of archiving and records management issues

6.1.The state administrative body in charge of archiving and records management shall perform the following duties:

6.1.1.to organize activities to implement legislation on archives and records management throughout the country;

6.1.2.to provide archive and records management activities with integrated management, planning, organization and methodology;

6.1.3.to organize a state inspection on archives and records management activities;

6.1.4.to approve and implement methodological documents for archives and records management, and ensure coordination of activities of government organizations;

6.1.5.to develop archival and documentary research;

6.1.6.to create and maintain national archives records and unified data base;

6.1.7.to create and use an electronic database of archives and records in digital form and supervise its security;

6.1.8.to study issues in regard to the formation, registration, preservation, protection, and use of holdings of national archives and implement a unified policy therefor;

6.1.9.to determine the methodology, organization, and criteria for examining or checking the value of archival documents;

6.1.10.to determine the content and composition of documents referred to holdings of the national archive, classify them by archive or archival holdings, and resolve an issue of transferring documents to the state archive;

6.1.11.to approve an exemplary and branch list of archival document categories and preservation term;

6.1.12.to approve a list of sources to form archival holdings of the state archive;

6.1.13.to solve an issue of classifying archival documents into category such as uniquely and precious valuable;

6.1.14.to monitor the content of archive and records management training programs, make conclusions and give advice thereon;

6.1.15.to organize activities to qualify and re-train archives and records management staff;

6.1.16.to develop cooperation with foreign countries and international organizations in matters of archives and records management;

6.1.17.to organize activities to research, identify and transfer archival documents related to the national history and culture of Mongolia in foreign countries;

6.1.18.to provide paid and free storage services for archive electronic databases;

6.1.19.other functions provided by law.

Article 7.Monitoring archives and records management activities

7.1.A state inspector general, state senior inspector and state inspector (hereinafter referred to as "state inspector") shall perform inspections and monitoring functions for archives and records management.

7.2.A head of the state administrative body in charge of archiving and records management issues is a state inspector general.

7.3.The state administrative body in charge of archiving and records management issues shall have an organizational unit which is responsible for monitoring.

7.4.The Government shall grant the rights to the state inspector general, and the state inspector general shall grant the rights to the state inspector.

7.5.A state inspector general shall provide a state inspector with professional and methodological guidelines and supervise his/her activities.

7.6.A state inspector specified in clause 7.1 of this law shall exercise the powers specified in the law on State Inspection.

7.7.The state archives shall have a full-time state inspector of archives and records management to ensure monitoring and controls on the implementation of laws and regulations on archives and records management in the respective branches or local areas.

7.8.A state inspector should work in an official government position for at least four years and is qualified in the field of archives and records management.

7.9.A state inspector shall have a license, stamp with official and personal numbers and use the printed form of official requirements, conclusions, acts, and notices issued in accordance with Article 10.8 of the law on State Inspection.

7.10.A state inspector of the state administrative body in charge of archives and records management shall inspect and check activities of archives and records management of an organization specified in Articles 27.1.1, 27.1.2, 27.1.3, 27.1.4, 27.1.5, 27.1.6, 27.1.7, 27.1.8, 27.1.10, and 27.1.11 of this law.

7.11.Monitoring of archiving and records management shall be implemented in the following areas:

7.11.1.implementation of laws and regulations on archives and records management;

7.11.2.implementation of general procedures for the state archives;

7.11.3.implementation of general procedures for official records management;

7.11.4.implementation of document standards;

7.11.5.electronic records management;

7.11.6.formation of archival holdings of the national archive and examination of documents;

7.11.7.inspection and use of documents and holdings of the national archive and archive services;

7.11.8.storage and protection of holdings of the national archives;

7.11.9.registration of documents of archival holdings, creation and use of database;

7.11.10.others prescribed by law.

7.12.If it is determined that the archival holdings are in a condition that does not meet the preservation requirements, a state inspector shall suspend activities of the archive temporarily until such violation is remedied.

7.13.Other matters related to monitoring of archiving and records management hat are not specified in this law shall be regulated in accordance with applicable laws.

Article 8.Training and Research Center

8.1.The state administrative body in charge of archiving and records management shall have a training and research center to develop archival and document studies, circulate archival documents in academic research and study, promote to public, improve and qualify the capacity of human resources for archives and records management.

8.2.The training and research center shall implement the following functions:

8.2.1.re-train and qualify employees in charge of archives and records management;

8.2.2.engage in archival research and study work;

8.2.3.prepare and publish compilations and research works of archival documents;

8.2.4.promote archival documents and organize exhibitions;

8.2.5.prepare professional books and manuals, and publish magazines;

8.2.6.organize research meetings, trainings and workshops.

Article 9.Methodological Commission for Record Appraisal

9.1.A methodological commission for record appraisal will be under the state archive, and a commission for record appraisal at the organization, and the archive will be established by a decision of the management of the organization.

9.2.A commission specified in Article 9.1 of this law will operate part-time.

9.3.The state administrative body in charge of archiving and records management shall provide methodological management to the commission specified in Article 9.1 of this law.

CHAPTER THREE

HOLDINGS OF NATIONAL ARCHIVES

Article 10.Composition of Archival Holdings of the National Archives

10.1.Archival holdings of the national archives are under the state protection as a state memory and historical and cultural heritage of Mongolia regardless of the form of ownership.

10.2.A document verification methodological commission under the state archives shall solve a selection of documents for the composition of archival holdings of the national archives in cooperation with an owner /possessor/ of documents.

10.3.On the basis of careful examination and verification of the value of archival documents, such documents will be included in the composition of archival holdings of the national archives.

10.4.The state administrative body in charge of archives and records management shall solve disputes arising of the selection of documents for the composition of archival holdings of the national archives.

10.5.It is prohibited to destroy archival documents if the archival documents have not been carefully inspected or verified in accordance with the legislation on archiving and records management.

10.6.Archival holdings of the national archives consist of the following documents:

10.6.1.archival documents of the President of Mongolia, the National Security Council, the State Great Khural, and organizations that report directly to them;

10.6.2.archival documents of the government, ministries, agencies, local self-governing and local administrative organizations;

10.6.3.archival documents of the Constitutional Court, courts, prosecutor's office;

10.6.4.archival documents of state-owned enterprises, state-owned or partially state-owned legal entities, state-budgeted organizations, or legal entity exercising state functions on the basis of law or contract;

10.6.5.documents of political parties and coalitions which hold seats in the State Great Khural;

10.6.6.archival documents and sources stored in the national central archive and other state archives;

10.6.7.archival documents purchased with the permission of the competent authority and transferred to the state property under the gift agreement and in accordance with the law;

10.6.8.archival documents of non-governmental organizations;

10.6.9.archival documents of political parties and religious organizations;

10.6.10.archival documents of legal entities of a private sector;

10.6.11.archival documents of individuals.

Article 11.Category of Archival Documents

11.1.Archival documents are classified as uniquely valuable, precious valuable, valuable, ordinary documents.

11.2.Archival documents that meet the criteria specified in Article 8.3 of the Law on Protection of Cultural Heritage shall be included in the category of uniquely valuable documents.

11.3.Archival documents of special historical, cultural and scientific importance, which require special conditions for registration, storage and use, shall be included in the category of precious valuable documents.

11.4.Valuable documents include archival documents, except those determined to be uniquely valuable or precious valuable documents, or archival documents that are regularly included in the list specified in Article 6.1.11 of this law.

11.5.Archival documents included in the list specified in Article 6.1.11 of this law for temporary storage refer to the ordinary category.

11.6.Uniquely valuable or precious valuable documents shall not be used in any ways except for examining their characteristics, or replacing, restoring, or making a copy protection.

11.7.A Cabinet member in charge of cultural, archival and records management issues shall jointly approve the procedure for identifying uniquely valuable archival documents, keeping records, storing, protecting, and using them.

11.8.Identification of precious valuable archival documents, their record keeping, storage, protection and use shall be regulated in accordance with the procedure specified in Article 15.6.6 of this law.

11.9.Other matters related to uniquely archival documents that are not specified in this law shall be governed by the Law on Protection of Cultural Heritage.

Article 12.Ownership of Archival Documents

12.1.The rights of the owner of archival documents shall be protected by law.

12.2.Archival documents of state organizations are the property of the state. It is prohibited to sell, trade, pledge, gift, or use the archival documents in state property to others in ways other than those prescribed by law.

12.3.Non-state archive documents include documents of non-governmental organizations, political parties, religious organizations, private legal entities, foreign-invested enterprises, organizations, and individuals.

12.4.In case of privatization of state or local legal entities, archival documents created during their operation shall remain state or local property.

12.5.It is prohibited to confiscate archival documents, regardless of the form of ownership, otherwise than as prescribed by law.

12.6.The state administrative organization responsible for archives and record keeping issues will issue a conclusion on the ownership of all types of archival documents created by state and local property assets pertaining to the history of Mongolia and the relationship of archival assets.

12.7.It is prohibited to store or transfer archival documents and archival electronic databases permanently stored in the State Archives to foreign legal entities, citizens, stateless persons, and international organizations, unless otherwise provided by law.

12.8.In case of sale of archival documents that are not owned by the state, the state archive has the right to purchase the document in the first place if it affects the national heritage and interests.

12.9.If the owner or possessor of private property documents transferred to the State Archives by contract transfers the rights of ownership, possession, or use of the documents to others other than those specified in Article 12.8 of this law, he shall notify the State Archives in writing.

12.10.If the documents of the private fund generator transferred to the State Archives under the contract are used for research, research, advertising, and training, the provisions of the contract shall be followed.

Article 13.Statistics of National Archives

13.1.Documents of archival holdings and uniquely valuable, precious valuable and valuable documents of the national archives shall be recorded in a unified national register, regardless of the affiliation of a sector, the form of ownership, the type of data storage, and the location where they are stored.

13.2.The procedure specified in Clause 15.6.5 of this law shall apply to maintaining the national statistics of archival holdings records of the National Archives.

13.3.The State Archives shall conduct a general inventory in archival holdings every six years, and submit the inventory results to the state administrative body in charge of archives and records management.

13.4.The State Archive, which keeps documents referred to holdings of the National Archives, shall keep statistics of records of these documents and submit reports and statements in accordance with the procedures specified in Article 13.2 of this law.
13.5.A head of the state administrative body in charge of archives and records management shall approve the procedure for a general inventory record specified in Article 13.3 of this law.

13.6.The composition and quantity of documents stored in the archives of an organization, the storage, changes or movements of documents shall be reflected in a report on the composition, quantity and storage of documents of the organization's archive as of 01 December of the current year and submitted to the relevant state archives before 30 December.

13.7.The State Archives shall enter information of documents to be included in the unified national statistical register specified in Clause 13.1 of this law into the statistical database by 01 February of each year, and shall be submitted in writing to the state administrative body in charge of archives and records management by 15 February every year.

Article 14.Statistics and unified database of archival documents

14.1.The state administrative body in charge of archives and records management shall be responsible for the creation and management of statistics of archival documents records and a unified database.

14.2.The unified database of statistics of archival documents records consists of the following sections with information on the quantity, content, composition, changes, movement, and place of archival documents:

14.2.1.information on quantity and storage of documents of the national central archive, and archives of a province and the capital city;

14.2.2.information on composition of various and special archive documents, document quantity and storage;

14.2.3.information on the composition, quantity and storage of holdings in the state archives;

14.2.4.information on uniquely and precious valuable documents of the archive.

14.3.Information of the unified database of statistics of archival documents records shall be in paper and electronic form, and conditions for information exchange between state archives should be created using the database.

14.4.Information of the unified database of statistics of archival documents records shall be used for public use in accordance with the procedure specified in Article 30.4 of this law.

CHAPTER FOUR

TYPES AND MAIN FUNCTIONS OF ARCHIVES

Article 15.Types of archives

15.1.The archive has the following types: state, corporate, and individual.

15.2.The following archives are subject to the state archives:

15.2.1.national central archive;

15.2.2.specialized archives;

15.2.3.special archive;

15.2.4.archives of a province and the capital city.

15.3.Every organization has an archive regardless of the form of ownership.

15.4.An individual can create an archive with the documents he/she has created or obtained according to the law.

15.5.A Cabinet member in charge of archives and records management shall approve a set of archiving operation procedure.

15.6.The set of procedures specified in Article 15.5 of this law shall include the following procedures:

15.6.1.general procedure for state archiving operation;

15.6.2.general procedure for branch archiving operation;

15.6.3.general procedure for corporate archiving operation;

15.6.4.procedure for archival security;

15.6.5.procedure for unified state records of holdings documents of the national archives;

15.6.6.procedure for identifying precious valuable archival documents, keeping records, storing, protecting and using them.

Article 16.State archives

16.1.The National Central Archives will permanently store archival documents, regardless of the types of documents, the form of ownership, branch affiliation, and territorial jurisdiction, and the uniquely valuable documents referred to the state property will be centralized and stored at the national level.

16.2.The specialized archives shall store documents with special characteristics in terms of organization, formation, storage, use and records of holdings in the field of activities of the respective branches and legal entities, such as archival minerals, geological exploration, mining, land relations, geodesy, cartography, environment, hydrometeorology, and state registration at the national level, and shall operate under the state administrative body in charge of such issues.

16.3.The special archive shall operate under courts, prosecutors, foreign relations, defense, intelligence, police, court decision enforcement, and state border protection organizations, and will collect and store original documents related to activities in dispute resolution cases, defense, foreign policy, national security, state border protection, and court decision enforcement at all times.

16.4.Archives of provinces and the capital city shall operate with the authority of a local administrative agency within the scope of the governors' affairs of provinces and the capital city, perform archival and records management functions at the local level, and collect and permanently store archival holdings referred to the national archives.

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

16.5.The national central archive and the capital city archives may have branch archives.

16.6.Activities of branch archives shall be regulated in accordance with the procedure specified in Article 15.6.2 of this law.

Article 17.Main Functions of State Archives

17.1.The State Archives shall carry out the following main functions:

17.1.1.to enrich archival holdings with all kinds of documents and sources of historical and scientific significance;

17.1.2.to store and protect documents of archival holdings as per the procedures and standards;

17.1.3.to keep records of archival documents;

17.1.4.to conduct an appraisal of archival documents;

17.1.5.to create an archival research, information and reference database that reveals the content, composition, and location of documents of archival holdings;

17.1.6.to create records of archival documents and database;

17.1.7.to conduct an inventory of documents of archival holdings;

17.1.8.to transfer of documents of archival holdings into electronic form;

17.1.9.to provide archival services such as providing archival inquiries and copies of documents at the request of organizations or citizens;

17.1.10.to introduce electronic services in archival activities;

17.1.11.to ensure copies of protection for uniquely valuable and precious valuable documents and restrict the private use of original documents;

17.1.12.to take measures to repair, restore and disinfect archival documents;

17.1.13.to provide professional and methodological consulting on the preservation and protection of non-state owned uniquely and precious valuable archival documents;

17.1.14.to study, promote and publish archival documents;

17.1.15.to monitor archive and records management activities of branch archives and holdings generating organizations, provide professional and methodological consulting, and organize trainings.

17.2.Activities to form holdings of the state archives, verify or appraise, store, protect, and use documents and to create and maintain a database shall be regulated in accordance with the procedures specified in Article 15.6.1 of this law.

Article 18.Duties of Methodological Commission for Record Appraisal of State Archival Documents

18.1.The methodological commission for record appraisal shall operate under the State Archives in accordance with Article 9.1 of this law to determine the content and composition of documents of holdings generator organization, appraise the value of documents, and select documents for permanent storage.

18.2.The methodological commission for record appraisal of the state archives shall execute the following functions:

18.2.1.to appraise the value of archival documents, and determine their importance and storage period;

18.2.2.to determine a source of holdings of the state archives and select documents for permanent storage;

18.2.3.to discuss a list of storage period of archival document and submit it to the state administrative body in charge of archives and records management;

18.2.4.to discuss and approve a list of records of documents to be permanently and temporarily stored, or a list of documents to be destroyed;

18.2.5.to discuss a project of methodological archival documents for internal use and approve it by a competent officer;

18.2.6.to discuss and solve a transfer of documents of archival holdings;

18.2.7.to provide professional and methodological assistance to the methodological commission for record appraisal.

18.3.There is a methodological commission for record appraisal shall operate under the branch archives specified in Article 16.5 of this law.

Article 19.Duties of Organization Controlling State Archives, and Appointment and Dismissal of Management of State Archives

19.1.A management of a state organization that controls the state archive shall implement the following measures for the state archives:

19.1.1.to provide archives with professional personnel and support the improvement of knowledge and education of archivists;

19.1.2.to solve the equipment, hardware and software required for archives, and ensure the security of information;

19.1.3.to create conditions for preservation of archival documents in designated premises, shelves and cabinets in accordance with relevant regulations and standards;

19.1.4.to monitor that no corrections or changes are made to original archival documents.

19.2.A head of the national central archive shall be appointed and dismissed by the head of the state administrative body in charge of archives and records management issues.

19.3.A head of the capital city archive or archive of a province shall be appointed and dismissed by the governor of that level based on consultation with the state administrative body in charge of archives and records management.

19.4.A head of specialized and special archives shall be appointed and dismissed based on the agreement of the management of the state organization in charge of respective issues with the state administrative body in charge of archives and records management.

19.5.A head of branch archives of the National Central Archives shall be appointed and dismissed on the basis of consultation and agreement between the management of the controlling organization and the state administrative body in charge of archives and records management issues, and a head of branch archives of the capital city archive shall be appointed and dismissed by the management of the controlling organization and the capital city archive.

Article 20.Human Resource Requirements for State Archives

20.1.The State Archives shall have full-time employees to perform the functions specified by the law, such as state inspectors, specialists, researchers, instructors-methodologists, archivists, holdings officer, information technology workers, restorers, document sterilizers and others.

20.2.The Cabinet member in charge of archives and records management and labor and social security issues will jointly approve the standard norms for workplaces of the state archive.

Article 21.Funding of State Archives

21.1.Activities of the State Archives shall be financed from the state and local budgets.

21.2.A source of funds required for provision of the State Archives with special premises, equipment, and tools, and purchase, insurance, restoration, and preservation of uniquely and precious valuable archive documents shall be reflected in an annual state budget.

Article 22.Establishment, modification and liquidation of state archives

22.1.Except for changes in the administrative and territorial units of Mongolia, it is prohibited to establish or liquidate the capital city archive or archives of a province.

22.2.Except as specified in Article 22.1 of this law, the Cabinet member in charge of archives and records management issues shall solve the establishment, liquidation, merger, consolidation, separation, division, and change of the state archive and its branch archives.

22.3.In the event that the State Archives and its branch archives are reorganized in accordance with Article 22.2 of this Law, such transfer of archival documents to a successor or the National Central Archives shall be reflected in the decision provided in Article 22.2 of this Law, and confidential archival documents shall be regulated in accordance with the Law on State and Official Secrets.

Article 23.Corporate Archives

23.1.The corporate archives shall operate within the scope of the corporate activities, and create archive documents at the initial stage, and preserve temporarily for the period specified in this law.

23.2.The corporate archives shall perform the following main functions:

23.2.1.to receive complete document files created in the process of official records management from organizational units and employees;

23.2.2.to conduct appraisal of archival documents;

23.2.3.to arrange and classify archival documents;

23.2.4.to store and protect archival documents in accordance with relevant procedures and standards;

23.2.5.to keep records and inventory in archival documents;

23.2.6.to transfer archival documents into electronic form and create an electronic database;

23.2.7.to ensure use of archival documents in corporate activities or at the request of a person or legal entity, and provide references and copies of archival documents;

23.2.8.to perform scientific and technical processing of documents to be transferred to the state archive, and maintain records or destroy documents;

23.2.9.to transfer archival documents to the relevant state archives;

23.2.10.to provide advice and assistance to organizational units and employees for creating archival documents.

23.3.Receiving, registering, appraising, keeping records, conducting inventory, storing, protecting, using, researching, technical processing, maintaining statistics and destroying activities of the corporate archives shall be regulated in accordance with the procedure specified in Article 15.6.3 of this law.

23.4.An organization shall have a full-time employee of the archive, and may determine job vacancy of corporate archives in consideration of the scope, functions and the quantity of documents stored in an archive based on the standard norms specified in Article 20.2 of this law.

Article 24.Obligations of Management of Organization for Corporate Archives

24.1.The management of the organization undertakes the following obligations and responsibilities for corporate archives:

24.1.1.unless otherwise provided by law, to appoint, dismiss, qualify, and retrain staff responsible for archives;

24.1.2.to transfer archival documents into electronic form and ensure conditions for creating an electronic database;

24.1.3.to solve provisions of equipment, hardware and software necessary for the archive, and ensure the security of information;

24.1.4.to ensure conditions for storing archival documents in designated premises, shelves, and cabinets in accordance with relevant regulations and standards;

24.1.5.to monitor that no corrections or changes are made to original archival documents;

24.1.6.to organize activities to destroy archival documents as per the appropriate procedure, transfer them to the permanent storage of the relevant state archives, arrange transportation, and be responsible for expenses incurred;

24.1.7.to establish and operate the methodological commission for record appraisal of an organization, and monitor its activities;

24.1.8.to include archives and records management issues in an annual training program and involve employees in training;

24.1.9.to monitor the storage and protection of archival documents.

Article 25.Commission for Corporate Record Appraisal

25.1.The Commission for Corporate Record Appraisal shall be established in accordance with Article 9.1 of this law.

25.2.The Commission for Corporate Record Appraisal shall perform the following functions:

25.2.1.to appraise the value of archival documents;

25.2.2.to determine the storage period of documents based on the list specified in Article 6.1.11 of this law;

25.2.3.to select documents to be transferred to the state archive;

25.2.4.to review a list of names of affairs to be recorded;

25.2.5.to discuss and review a list of records of documents to be permanently and temporarily stored, or a list of documents to be destroyed;

25.2.6.to conduct an inspection on recording and preparation of documents;

25.2.7.to inform the relevant state administrative authorities in case of special conditions that may cause or has caused damages to the storage and use of archival documents, and take appropriate measures.

25.3.The Commission for Corporate Record Appraisal may refer to the Methodological Commission for Record Appraisal of the competent state archives for dispute related to archival documents and obtain professional and methodological assistance.

Article 26.Archival Document Storage Service

26.1.An archival document storage service shall be performed by a legal entity on the basis of a special permit issued by the state administrative body in charge of archives and records management.

26.2.The legal entity providing archival document storage services shall enter into a contract with a citizen or legal entity who has requested for storage of archival documents, and a template of the contract shall be determined in accordance with the procedure specified in Article 26.4 of this law.

26.3.A legal entity engaged in archival document storage services shall meet the following requirements:

26.3.1.to have premises, equipment, and technical tools for the purpose of archiving;

26.3.2.to have professional staff for archives and records management;

26.3.3.to ensure the security of archives, and create suitable conditions for the storage and protection of documents;

26.3.4.other requirements specified in the Law on Permits.

/This sub-paragraph was amended by the law dated June 17, 2022/

26.4.The procedure for licensing of archival document storage services shall be approved by the head of the state administrative body in charge archives and records management.

26.5.The procedure specified in Article 26.4 of this law shall describe documents to be prepared for obtaining a license to operate archival document storage services, the conditions and requirements for such activities, processing requests for licenses, granting or refusing to grant licenses, extending or suspending or restoration and annulment of licenses.

26.6.Other issues that are not covered by this law in regard to the provision of archival document storage services and the conclusion of contracts specified in Article 26.2 of this law shall be governed by the Law on Permits and the Civil Law.

/This paragraph was amended by the law dated June 17, 2022/

26.7.The provisions of Article 12.7 of this law shall apply to licensing of archival document storage services.

CHAPTER FIVE

COMPOSITION, STORAGE, PROTECTION AND USE OF ARCHIVAL HOLDINGS

Article 27.Storage Term of Permanent Archival Documents of Holdings of State Archives In Corporate Archives

27.1.The following corporate archives shall keep documents for permanent storage for the period mentioned below, starting from 01 January of the year following the year in which they were created, and they shall transfer to the relevant state archives upon the expiry of the period:

27.1.1.Archives of the President of Mongolia and Presidential Office-20 years;

27.1.2.Archives of the National Security Council-30 years;

27.1.3.Archives of the State Great Khural and its Cabinet Office-40 years;

27.1.4.Archives of the Government and its Cabinet Secretariat Office-20 years;

27.1.5.Archives of the Constitutional Court-20 years;

27.1.6.Archives of courts and prosecutor's organizations-15 years;

27.1.7.Archives of organizations reporting directly to the State Great Khural-20 years;

27.1.8.Archives of ministries, agencies and their relevant organizations-16 years;

27.1.9.Archives of local administrative and self-governing organizations-8 years;

27.1.10.Archives of diplomatic missions representative offices working abroad-5 years;

27.1.11.Archives of all types of state-owned or partially state-owned legal entities-8 years;

27.1.12.Archives of organizations and legal entities listed in Article 28.5 of this Law, except for those specified in Article 27.1 of this Law-15 years.

27.2.The following documents for permanent storage shall be kept in the corporate archives for the period mentioned below, and shall be transferred to the relevant state archives upon the expiry of the period:

27.2.1.Original copies of scientific, technological and patent documents related to state-owned or partially state-owned legal entities-5 years;

27.2.2.Original copies of films, photographs, sound and video recordings produced with state and local budget funds-1 year.

27.3.After 40 years of storage of archival documents in the branch archives specified in Article 16.5 of this law, such documents shall be transferred to the state archives.

27.4.If an organization is privatized, liquidated, bankrupt or reorganized in accordance with Article 31 of the Civil Code, the archive documents of the organization shall be transferred to the relevant state archive or to the successor within six months.

27.5.The organization referred to in Article 27.1 of this law shall carry out activities to arrange and transfer archival documents to the state archive with its own funds.

Article 28.Formation of Holdings of State Archives

28.1.Upon the expiry of the storage period of corporate archives specified in Article 27 of this law, archival documents shall be regularly transferred to the appropriate state archives.

28.2.The state archive specified in clauses 15.2.2, 15.2.3, and 15.2.4 of this law shall transfer and store uniquely valuable documents in the national central archive.

28.3.Archival documents referred to holdings of the National Archives shall be transferred to the State Archives along with the approved records in an orderly manner.

28.4.In accordance with the procedure specified in Article 23.3 of this law, the corporate archive shall conduct a technical quality inspection on electronic documents, films, photographs, sound and video records prior to the transfer to the state archive.

28.5.A head of the state administrative body in charge of archives and records management shall approve a list of documents to be transferred to the corporate state archives other than an organization generating holdings of the state archive specified in Article 15.2 of this law.

28.6.A person or legal entity specified in Articles 10.6.8, 10.6.9, 10.6.10, and 10.6.11 of this Law may transfer and deposit its own archival documents to the state archives on the basis of a contract.

28.7.A head of the state administrative body in charge of archives and records management shall approve a template of the contract and the procedure for concluding the contract specified in Article 28.6 of this law.

28.8.In the event that activities of a non-government owner organization of archival holdings cease to function or a citizen dies, if there is no successor, those archival documents shall be referred to the state property and transferred to the relevant state archives.

28.9.Archival documents that are not included in the list of archival documents to be transferred to the State Archives, but are considered as historically valued to protect the rights of organizations or individuals, and whose ownership is unclear, will be transferred to the State Archives until the legal owner is determined.

28.10.Archival documents created during the operation of the state organization shall be transferred to religious organizations, non-government organizations, private legal entities, and individuals.

28.11.In case of liquidation, reorganization or privatization of state organizations and state-owned enterprises, archival documents shall be transferred to the relevant state archives.

28.12.Museums, libraries and non-governmental organizations are prohibited to collect original documents that are referred to holdings of the state archives.

28.13.The State Prosecutor General and a Head of Judicial General Council shall approve an archival work instruction relevant to the case review and proceedings together with the Cabinet member in charge of archives and records management.

Article 29.Storage and Protection of Archival Documents

29.1.Holdings of the national archive are reliably protected from disasters, dangerous events, criminal attacks, and other risks of destruction.

29.2.Organizations or legal entities other than the state organization shall not operate, or any activities that are not related to archives shall not be conducted in the premises of the state archive.

29.3.An owner or an owner who received the document under the contract are responsible for the integrity of documents referred to holdings of the National Archives.

29.4.Holdings of the National archives are protected by the state, regardless of the source, industry affiliation, type of data carrier, location of storage, and form of ownership.

29.5.The procedures specified in Article 15.6.4 of this law shall apply to safe operation of archives.

29.6.Archival documents shall be stored in shelves and cabinets in designated premises in accordance with relevant regulations and standards.

29.7.Copies of protection of uniquely and precious valuable archival documents shall be made and stored them separately from the original documents.

29.8.Original documents kept in the archives shall not be altered, restored, or sent for forensic analysis, or taken out of the archive except for the cases specified in Article 5.2.5 of this law.

29.9.The organization shall be responsible for the security guarantee of corporate archives.

29.10.A building of the state archive shall be constructed as per the standard designed for archive premises.

Article 30.Use of Archival Documents

30.1.An individual or legal entity shall have the right to use archival documents as follows:

30.1.1.to inquire reference from archival documents;

30.1.2.to obtain copies of archival documents;

30.1.3.to study documents in a reading room.

30.2.When using archival documents, individuals and legal entities shall undertake the following obligations:

30.2.1.not to make corrections, or pollute, or cause damage;

30.2.2.not to damage the integrity of archival documents;

30.2.3.to follow procedures determined for use of archival documents.

30.3.When documents of the state archive are used in research books or works, or published, their archive item and number shall be mentioned in the reference of the book, and in this case, it shall be verified against the original copy stored in the archive.
30.4.A head of the state administrative body in charge of archives and records management shall approve the general procedure for use of archival documents by individuals or legal entities, and an amount of service fees provided by the archive.

30.5.When an individual or legal entity uses documents from the state archive, they shall pay a service fee according to the assessment and procedure specified in Article 30.4 of this law.

30.6.The State Archives shall provide a reference free of charge related to pensions, allowances, and state compensation of citizens who are insolvent or have suffered an accident.

30.7.Individuals and legal entities shall have the right to use documents transferred to the State Archives free of charge.

30.8.Documents deposited in the State Archives according to the contract shall be used by others under the conditions specified in the contract.

30.9.References to archival documents are considered as valid as original documents.

30.10.Uniquely valuable and precious valuable documents, or documents related to an inventory shall not be used by public in their original forms, but will be used in an electronic form.

Article 31.Commissioning of Certain Archival Documents

31.1.The use of archival documents related to state and official secrets shall be regulated by applicable legislation.

31.2.Except for the provisions of Article 31.6 of this law, information pertaining to state and official secrets in the archive and its carrier shall be used for public after their disclosure in accordance with the grounds and procedures specified in the Law on State and Official Secrets.

31.3.Archival documents related to a biography of a citizen, or a history may be used for academic and research purposes after 70 years have passed since their creation.

31.4.Archival documents related to a biography of a citizen, or a history may be disclosed as per the written permission of a citizen or his/her successor prior to the expiration of the period specified in Article 31.3 of this law.

31.5.A head of the state administrative body in charge for archives and records management shall determine an expiry of the period specified in Article 31.3 of this law, or make a decision on disclosure prior to such term specified in Article 31.4.

31.6.If the term of confidentiality of archival documents related to state and official secrets stored in the archive is not expired, the secret documents shall be presented after a citizen or legal entity requesting for access to the archival documents have submitted a request to the intelligence agency and obtained a permit.

Article 32.Exporting Archival Documents to Foreign countries and Entering the Territory of Mongolia

32.1.Documents of holdings of the national archive, except those whose use is limited in accordance with the law or the agreement concluded with an owner of the archive document, may be temporarily exported to a foreign country in accordance with Article 5.2.5 of this law.

32.2.Other matters that are not specified in this law in regard to temporary exporting of documents of holdings of the national archive, except those whose use is limited in accordance with the law or the agreement concluded with an owner of the archive document, or entering archival documents obtained in a foreign country into the territory of Mongolia, shall be governed by the Law on the Protection of Cultural Heritage.

Article 33.Exporting Copies of Archival Documents to Foreign countries and Entering the Territory of Mongolia

33.1.Temporary exporting of copies of documents of holdings of the national archive to foreign countries, except those whose use is limited in accordance with the law or the agreement concluded with an owner of the archive document, or entering copies of archival documents obtained in a foreign country into the territory of Mongolia shall not be restricted.

CHAPTER SIX

OFFICIAL RECORDS MANAGEMENT

Article 34.Official Records Management of State Organizations

34.1.An official records management of the state organization /hereinafter referred to as "organization"/ shall cover activities for a documentation process of implementation of duties of the organization or its official under the law, and arranging, classifying, diversifying, receiving, registering, sending, reviewing, processing, using, storing documents and transferring to the archive.

34.2.The Government shall approve the general procedure for official records management.
34.3.Organizations or legal entities other than those specified in Paragraph 34.1 of this Law may follow the procedure specified in Paragraph 34.2 of this Law.

/This paragraph was amended by the law dated December 17, 2021/

Article 35.Duties of Management and Employees of Organization for Records Management

35.1.The management of an organization shall provide unified management of corporate records management to arrange records management, introduce electronic system in records management, qualify relevant employees, and organize, manage and use documents in accordance with instructions, procedures and standards, and shall monitor an implementation.

35.2.A head of corporate organizational unit /division/department/ shall be responsible for the implementation of laws, regulations, and standards related to records management within his/her capacity, and shall monitor and ensure that paper and electronic documents are officially valid, accurate, and complete and accessible.

35.3.The organization has a full-time clerk.

35.4.An employee of the organization shall undertake the following duties for records management:

35.4.1.to document activities of the organization in accordance with relevant regulations and standards;

35.4.2.to follow the Mongolian language spelling rules in accordance with Clause 8.1 of the Mongolian Language Law when drafting documents;

35.4.3.to ensure safe handling, completeness and security of documents;

35.4.4.to classify documents according to the list of names to be recorded;

35.4.5.to adhere to the deadlines specified in relevant laws and regulations for processing documents;

35.4.6.to keep the confidentiality of documents and information related to official duties;

35.4.7.to transfer documents to the corporate archive in full or complete form.

Article 36.Documenting Corporate Activities

36.1.To document corporate activities, the following requirements shall be complied:

36.1.1.to document management decisions and business processes from time to time;

36.1.2.to ensure the official validity of documents;

36.1.3.to have a complete set of documents according to the standard;

36.1.4.to create and maintain documents in compliance with the requirements of information sources and legal validity.

36.2.In addition to the main functions and industry-specific activities, the organization shall officially document the following activities:

36.2.1.any administrative decision, statement or information concerning to the public interest related to the population's health and the environment;

36.2.2.research, analysis, project and program activities to conducted with state and local budget funds;

36.2.3.inspection, audit, monitoring and evaluation;

36.2.4.foreign relations, cooperation, taxes, finance, and human resources.

36.3.Any original documents shall not be destroyed at any stages of records management without the permission of the Methodological Commission for Record Appraisal.

Article 37.Preparation of Documents

37.1.The organization shall issue administrative, organizational, information and reference documents in paper and electronic form within the scope of its authority.

37.2.Documents shall be prepared in compliance with standard requirements.

Article 38.Official Validity of Documents

38.1.Unless otherwise specified by law, paper-based documents shall be certified by standard document formats.
38.2.Electronic documents shall be certified by standard document formats, digital signature, or unalterable number.

/This paragraph was amended by the law dated December 17, 2021/

38.3.A copy of an electronic document shall be valid as a paper copy, and in case of deviation, the paper copy shall apply.

38.4.If the paper document is invalid, an electronic version shall also be considered invalid.

Article 39.Requirements for Printed Letterhead

39.1.Corporate documents shall be made on printed letterhead prepared in accordance with standard requirements, and the procedure specified in Article 39.3 of this Law shall apply.

39.2.A legal entity except those specified in Article 39.1 of this Law may use corporate logos and trademarks on a printed letterhead.

39.3.The government shall approve the procedure for making and using stamps, logos, trademarks, and printed letterhead blanks.

39.4.The composition of printed letterhead blanks and the related requirements shall be established by standards.

Article 40.Receiving and Registering Documents

40.1.All documents delivered to the organization shall be received and registered in the corporate records by the integrated records procedure.

40.2.An envelope with the letter "In hand" shall be left unopened, stamped with a registration mark, registered with an address written outside the envelope and transferred to the addressee.

40.3.If an official records management program is used, all relevant data of documents shall be entered into the database.

Article 41.Registering and Sending Outgoing Documents

41.1.A clerk shall be responsible for receiving documents from an employee of the organization, or checking, registering, and sending documents.

41.2.The organization shall record or register documents in paper and electronic form in by an integrated procedure.

41.3.Official documents shall be received and recorded for official affairs after such documents are signed, sealed and certified.

41.4.The organization will send electronic documents to a recipient through the corporate official electronic mail.

41.5.A recipient of an electronic document is obliged to notify a sender organization of its receipt.

41.6.Documents prepared electronically and certified with digital signatures shall be registered for official affairs by the integrated procedure.

41.7.Documents or information required for immediate transmission or obtaining opinions may be sent to the corporate official e-mail or by fax. In this case, an original copy of the document shall be sent by post.

Article 42.Reviewing and Processing Documents

42.1.The process of reviewing and processing documents consists of certain stages, such as monitoring the period of processing, their progress and reporting.

42.2.Tasks given by the upper authority or management of the organization, or any official letters that require urgent resolution or response, and petitions, complaints, requests, and other issues related to deadlines stipulated by laws and regulations shall be monitored.

42.3.A relevant employee of the organization shall be responsible for monitoring the resolution or processing of documents, and an appropriate official shall organize such monitoring.

42.4.A corporate records management and control program may be used to organize and report monitoring works of resolution or processing of documents at the corporate and branch level.

42.5.Any documents that are not registered in the records affairs shall not be presented to the management or resolved or processed.

Article 43.Document Resolution Term

43.1.Unless otherwise provided by law, any issues arising in relation to the document shall be resolved within the following term:

43.1.1.within three working days, if an issue to be solved urgently;

43.1.2.within the specified term, if the resolution term is specified in the document;

43.1.3.within the term, if the issue resolution time is specified in legislations;

43.1.4.within seven working days, except for the cases specified in Paragraphs 43.1.1, 43.1.2, and 43.1.3 of this Law.

43.2.If it is deemed necessary to carry out additional research and operations to resolve issues specified in the document, the term specified in Article 43.1 of this Law may be extended by up to 30 days with the consent of an official who has signed thereon.

Article 44.Classification of Corporate Documents

44.1.The organization shall annually approve a list of corporate recordings for the purposes of classifying, diversifying documents or determining the storage period of documents, keeping records or using documents its activities.

44.2.The organization classify documents based on characteristics of documents such as year, month, date, number, importance, content, topic, and storage term as per the list of corporate recordings.

44.3.A list of corporate recordings shall be approved by the management of the organization upon discussion at the meeting of a commission of record appraisal, and shall be implemented from the beginning of the year.

44.4.A list of corporate recordings shall be prepared in accordance with the procedure specified in Article 34.2 of this law.

Article 45.Requirements for Filing Official Records

45.1.The following basic requirements shall apply to the filing of official records:

45.1.1.record documents in one file that meet the titles specified in the list of recordings in terms of their content and composition;

45.1.2.classify and record documents separately for permanent and temporary storage;

45.1.3.enter original documents in recordings that were fully resolved and officially recorded in the current year;

45.1.4.record documents in recordings as per the sequences of the year, month, day, number, importance, content, topic, and correspondence;

45.1.5.diversify documents as per the order in which documents related to one issue or topic are reviewed or processed, and follow the related principle;

45.1.6.ensure records of one file of appendix documents with the main documents;

45.1.7.create separate files for recording original documents related to investment, loans, aid, contracts, transactions, procurement, long and short-term projects and programs, and their implementation.

Article 46.Storage and Use of Documents

46.1.Any documents created or recorded in official recordings shall be stored in the corporate records and by an employee or an organization unit who created and reviewed them until such documents are transferred to the corporate archives.

46.2.The management of an organizational unit or a clerk of the organization shall be responsible for the safe handling and completeness of documents at the stage of records management, and the management of the organization shall supervise and monitor them.

46.3.Electronic documents and information shall be kept in files and folders on the hard disk of a computer as per the list of recordings.

46.4.Electronic documents shall be copied and stored on a special storage carrier device at regular intervals in order to create a backup data.

46.5.The organization shall take storage protection and organizational measures to prevent unauthorized use, falsification, and destruction of electronic documents, and create an electronic database.

Article 47.Electronic Records Management

47.1.The procedure specified in Clause 6.4 of the Law on Digital Signatures and the regulations on official recordings of this law shall apply to activities of electronic records management.

47.2.Types of electronic documents to be double-stored in paper form shall be specified in the list specified in Article 6.1.11 of this law.

47.3.The management of the organization shall undertake the following responsibilities for electronic records management:

47.3.1.to implement methodological recommendations on the development, introduction, and monitoring of the electronic records management system that are jointly approved by the state central administrative body in charge of digital development issues and the state administrative body in charge of archives and records management issues;

/This sub-paragraph was amended by the law dated August 29, 2022/

47.3.2.to enforce the legal requirements that are specifically regulated for electronic and digital signatures;

47.3.3.to ensure the reliable operation and security of an electronic records management system;

47.3.4.to provide equipment and relevant specialists.

47.4.Electronic documents are considered officially valid under the following conditions:

47.4.1.electronic documents are certified in the manner prescribed by law;

47.4.2.digital copies of original paper documents do not differ from the original paper document in terms of the content, information and composition.

CHAPTER SEVEN

MISCELLANEOUS

Article 48.Ethical Requirements and Prohibitions of Employees in Charge of Archives and Records Management

48.1.An employee in charge of archives and records management shall follow the Code of Ethics in his/her activities.

48.2.The followings are prohibited in activities of an employee in charge of archives and records management:

48.2.1.use state and official secrets, corporate secrets, and sensitive personal information for personal purposes that are obtained or found by the official or business procedure, or inform or disclose such secrets to others;

/This sub-paragraph was amended by the law dated December 17, 2021/

48.2.2.create documents of archival holdings from unproven, suspicious, doubtful or false sources;

48.2.3.make false archive references;

48.2.4.transmit archival documents illegally to others;

48.2.5.refuse or restrict use of archival documents illegally by organizations or citizens;

48.2.6.breach rules, regulations, and standards for handling documents of archives and records, and destroy, lose, or damage documents.

Article 49.Social Security of State Archivist

49.1.Government employees working as archivists, archivist-researchers, holdings archivists, restoration archivists, archival document storage technologists, and document sterilizers in the State Archives shall be provided a monetary bonus equal to one year's basic salary in every 10 years period.

49.2.The Government shall approve the procedure for awarding monetary bonus specified in Article 49.1 of this Law.

Article 50.Liability for Violation of Legislations on Archives and Records Management

50.1.If the act of an official who violates this law is not criminal, he or she shall be liable as provided in the Civil Service Law.

50.2.Any person or legal entity that violates this law shall be charged with the liabilityy specified in the Criminal Law or the Violation Law.

Article 51.Entry into force of the law

51.1.This law shall be entered into force on December 1, 2020.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA G.ZANDANSHATAR