(2022-12-18-ны өдрийн хуулийн хяналт)                         Unofficial translation

LAW OF MONGOLIA

July 8, 2015                                                                                Ulaanbaatar city

ON PUBLIC HEARING

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Objective of the Law

1.1.The objective of this Law is to conduct public hearing by state organizations and officials on matters stated by this Law and ensure civil participation in state control. 

Article 2.Legislation on Public hearing 

2.1.The legislation on Public hearing shall consist of the Constitution of Mongolia, this Law and other legislative acts enacted in compliance with them.

Article 3.General and specific principles

/This article was modified according to the law of December 24, 2021/

3.1.When conducting public hearing, one shall obey the fundamental principles of democracy, upholding of law, basing on facts and information, justice, participation equality of all parties, civil right to know, ensuring freedom of speech and efficiency.

/This paragraph was modified according to the law of December 24, 2021/

3.2.The following specific principles shall be adhered to when organizing appointment hearing:

/This paragraph was modified according to the law of December 24, 2021/

3.2.1.to treat equally with candidates;

/This subparagraph was modified according to the law of December 24, 2021/

3.2.2.to treat respectfully to candidates and participants;

/This subparagraph was modified according to the law of December 24, 2021/

3.2.3.to be transparent and open;

/This subparagraph was modified according to the law of December 24, 2021/

3.3.The specific principle provided in paragraph 3.2 of this law shall be understood as follows:

/This paragraph was modified according to the law of December 24, 2021/

3.3.1."to treat equally with candidates" means providing all candidates with equal opportunity to answer questions and express their proposal irrespective of their position and other situations and not providing priority to any candidate;

/This subparagraph was modified according to the law of December 24, 2021/

3.3.2."to treat respectfully to candidates and participants" means showing respect when asking question from and making speech in front of candidates and participants irrespective of their position and other situations;

/This subparagraph was modified according to the law of December 24, 2021/

3.3.3."to be transparent and open" means not to deny the participation in candidate hearing without legal grounds if one has requested to take part in it, to directly and fully broadcast the hearing via media and to provide opportunity that hearing minutes shall be transparent so that participants can review their proposal by having presented with hearing minutes.

/This subparagraph was modified according to the law of December 24, 2021/

Article 4.Scope of the Law

4.1.The following person shall comply with this law when conducting public hearing:

4.1.1.persons with power of initiating law; 

4.1.2.state organizations and officials;

4.1.3.local self-governing and administrative bodies.

4.2.Public hearing shall be conducted prior to the adoption of following discussions and decisions:

4.2.1.drafting of legislation and administrative normative act;

4.2.2.matters involving public interest stipulated in this law;

4.2.3.monitoring the implementation of legislation and administrative normative acts;

4.2.4.approving taxation legislation, budget, and monitoring of budget income and spending;

4.2.5.appointment of an official at State Great Khural.

4.3.To conduct hearing on matters other than stipulated in paragraph 4.2 of this Law, principles and rules of this law shall also be applied. 

Article 5.Definitions

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

5.1.1."public hearing" /hereinafter referred to as "hearing"/ means to receive comments, information hearing proposal from state organizations and officials, legal entity and persons, and professional experts before approving legislation and administrative normative act, monitoring state organization, local self-governing and administrative bodies, moreover assessing implementation of legislations and administrative normative acts and making decisions on matters involving public interests;

5.1.2."hearing chairperson" means an official elected or appointed to chair the particular hearing;

5.1.3."professional association" means non-governmental organization formed by citizens united by profession and in line with public interest.

CHAPTER TWO

HEARING TYPES AND GROUNDS FOR ORGANIZING HEARINGS

Article 6.Hearing, Hearing types and forms 

6.1.Any decision-making process shall be separate from hearing process. 

6.2.Hearing shall have the following types:

6.2.1.Legislative;

6.2.2.General monitoring;

6.2.3.Budget monitoring;

6.2.4.Appointment;

6.2.5.administrative normative act and planning;

6.2.6.On-site;

6.2.7.Presentation;

/This subparagraph was added according to the law of January 15, 2021/

6.2.8.Deliberation;

/This subparagraph was added according to the law of December 24, 2021/

6.2.9.Monitoring on ensuring human rights and freedom.

/This subparagraph was added according to the law of December 24, 2021/

6.3.Hearing shall be conducted in open and closed form. It is prohibited to conduct a hearing in closed form unless it is related to personal, organizational and state secret or to ensure the national security. 

6.4.Hearings referred to in subparagraph 6.2.5 of this Law shall be conducted before approval of administrative normative acts and administrative decisions affecting public interests. Detailed grounds and rules of conducting these hearings shall be regulated by rules set forth in paragraph 18.7 of this Law and other relevant laws.

Article 7.Hearing on draft legislation

7.1.A legislative initiator shall conduct hearing on draft legislation when drafting laws and other decisions of the State Great Khural in the following circumstances: 

7.1.1.to settle matters related to restricting human rights, freedom, legal person's rights and legitimate interests;

7.1.2.decisions related to economic, social and environmental problems directly connected with public interests.

7.1.3.making amendments into the Law on Permission regarding creation of new permission.

/This subparagraph was added according to the law of June 17, 2022/

7.2.If a hearing on the draft legislation is going to be conducted, it shall be decided by vote of not less than nine members of the Standing Committee. 

/This paragraph was amended according to the law of December 24, 2021/

7.3.Filed request of a natural or legal person to conduct a hearing on the draft legislation to the State Great Khural shall be submitted to the standing and subcommittee, which is in charge of that matter. 

7.4.Organizing public discussion on the issue during the drafting stage of legislation by legislative initiator shall not constitute grounds not to conduct a hearing.

Article 8.General monitoring hearing

8.1.The State Great Khural shall conduct general monitoring hearing to oversee and assess the operations of organizations, which have functions to implement laws and other decisions of the State Great Khural and actions of its commanding officials. Local self-governing bodies shall conduct general monitoring hearing to oversee and assess the operations of organizations, which have functions to implement the administrative normative acts in the particular territory and actions of its commanding officials.

8.2.The State Great Khural shall mandatorily conduct general monitoring hearing in the following circumstances: 

8.2.1.by request of the President of Mongolia;

8.2.2.by request of not less than nine members of the State Great Khural;

/This subparagraph was amended according to the law of December 24, 2021/

8.2.3.by request of majority group of all members of the standing committee or minority group;

/This subparagraph was amended according to the law of December 24, 2021/

8.2.4.a request submitted by person and legal entity whose rights and legitimate interests haven been affected, is accepted by the standing committee and sub-committee through its discussion;

8.2.5.referred to in 8.5 of this law.

8.3.A local self-governing body shall mandatorily conduct general monitoring hearing in the following circumstances:

8.3.1.by request of at least one-quarter of all representatives of the Citizens' Representative Khural;

8.3.2.by request submitted by legal entity and persons whose rights and legitimate interests haven been affected, and accepted by the presidium of the Citizens' Representative Khural through its discussion.

/This subparagraph was modified according to the law of April 22, 2022/

8.4.A request to conduct general monitoring hearing submitted by legal entity and person shall meet the following requirements:

8.4.1.requirements set forth in article 10 of Law on Resolving Applications and Complaints submitted to State Organizations and Officials by citizens;

8.4.2.to specifically state about the rights and legitimate interests that have been affected, and grounds and requirements to conduct the hearing.

8.5.General monitoring hearings shall be conducted regularly in order to assess implementation of legislations and administrative normative acts. Initial hearing shall be conducted within 24-30 months after coming into effect of the particular legislation and administrative normative act and next hearings be conducted more than once in every five years.

8.6.The general monitoring hearing shall not be conducted again on the same particular matter within one year from the date of hearing. 

8.7.If the general monitoring hearing is to be conducted on human rights issues, an opinion by National Commission on Human Rights may be issued.

8.8.Legal entity and person shall submit their request to conduct general monitoring hearing to organization referred to in paragraph 8.1 of this Law.

Article 9.Budget monitoring hearing

9.1.The State Great Khural shall conduct a hearing on matters related to budget income and expense in the following circumstances:

9.1.1.by request of subcommittee of budget expense monitoring or minority group;

/This subparagraph was amended according to the law of December 24, 2021/

9.1.2.by request of not less than nine members of the State Great Khural.

/This subparagraph was modified according to the law of December 24, 2021/

9.2.If a budget monitoring hearing is going to be conducted, state audit organization shall issue an opinion. 

9.3.Government, state administrative central authorities, and local self-governing and administrative bodies shall conduct the budget monitoring hearing every year on the following matters: 

9.3.1.budget of state, local, social security and Human Development Fund;

9.3.2.regional development fund budget;

9.3.3.governmental special fund budget;

9.3.4.governmental and local bonds and other financial instruments;

9.3.5.governmental and local, domestic and foreign loans and grants;

9.3.6.governmental and local guarantees and other decisions that may create budget debt.

Article 10.Appointment hearing

/This article was modified according to the law of December 24, 2021/

10.1.Hearing referred to in 6.2.4, 6.2.7 and 6.2.8 of this law shall mean appointment hearing and it shall adhere to Law on Inspection of the State Great Khural of Mongolia and Law on Procedural order of the Session of the State Great Khural of Mongolia and other respective law when organizing these hearings. 

/This paragraph was amended according to the law of January 15, 2021/

/This paragraph was modified according to the law of December 24, 2021/

10.2.The candidate, authorized person who will present the candidate in the State Great Khural, or his/her representative, legal entity and person and observer who will ask question from the candidate, express own proposal on whether the candidate has satisfied the requirements on the given position and person who has requested to provide information according to law shall take place in appointment hearing.

/This paragraph was modified according to the law of December 24, 2021/

10.3.The questions, proposal and respective information for appointment hearing shall be about the candidate's knowledge, skill, experience, ethics, ability to act independently, job position in case elected and grounds for being appointed.

/This paragraph was modified according to the law of December 24, 2021/

10.4.If any professional association, non-governmental organization, citizen and media representatives have requested to take part in appointment hearing, they shall mandatorily take part in it.

/This paragraph was modified according to the law of December 24, 2021/

Article 11.On-site hearing

11.1.The State Great Khural and Government may conduct on-site hearing on certain matters at the site related to that matter.

11.2.Hearing referred to in paragraph 11.1 of this Law shall be conducted in the following circumstances: 

11.2.1.a request of the particular local Citizens' Representative Khural was submitted;

11.2.2.a decision was issued by the standing committee, which is in charge of the particular issue. 

Article 111.Presentation hearing

111.1.The legal standing committee of the State Great Khural shall approve the procedures for organizing presentation hearing referred to in subparagraph 6.2.7 of this law.

/This article was added according to the law of January 15, 2021/

/This article was invalidated according to the law of December 24, 2021/

CHAPTER THREE

PARTICIPANTS OF THE HEARING, THEIR RIGHTS AND DUTIES

Article 12.Participants of the hearing

12.1.Legal entity and persons, experts and observers who submitted a request shall be considered as participants. 

12.2.If three or more, or several persons with same interests have requested to conduct a hearing on the same matter, up to three persons shall represent them by their vote during the hearing. 

12.3.Any legal entity and person who has requested to monitor whether the hearing is being organized in accordance with legislation shall be considered observers. Observer shall not be entitled to ask question from candidate and other participants and make speech during hearing.

/This paragraph was modified according to the law of December 24, 2021/

12.4.The participant in appointment hearing shall refer to the participants specified in paragraph 10.2 of this law.

/This paragraph was added according to the law of December 24, 2021/

Article 13.Participation of professional associations and non-governmental organizations 

13.1.Professional associations and non-governmental organizations with expertise on the particular issue must be called into the hearing. 

13.2.Matters in relation to participation of professional associations and non-governmental organizations shall be regulated in detail by rules set forth in paragraph 18.7 of this Law. 

Article 14.Legal capability of the participant 

14.1.Legal entity and persons and organizations without legal status that must attend the hearing shall have entitlement to participate in the hearing.

14.2.Civil legal capability of the participant shall be determined as stated in 19.1, 19.2 and 19.3 of Law on Procedure for Administrative Cases at Court.

/This paragraph was amended according to the law of February 4, 2016/

Article 15.Rights and duties of the participants

/This article was modified according to the law of December 24, 2021/

15.1.The participants of the hearing shall exercise the following rights:

/This paragraph was modified according to the law of December 24, 2021/

15.1.1.to state explanations, comments and opinions in accordance with this law;

/This subparagraph was modified according to the law of December 24, 2021/

15.1.2.to familiarize themselves with the hearing minutes and review proposal and comments made by them;

/This subparagraph was modified according to the law of December 24, 2021/

15.1.3.to demand equal and respectful treatment from hearing organizer and chairperson

15.1.4.exercise the rights specified in other applicable laws.

/This subparagraph was modified according to the law of December 24, 2021/

15.2.The participants of the hearing shall have the following duties:

/This paragraph was modified according to the law of December 24, 2021/

15.2.1.to appear at the hearing as summoned by the hearing organizer;

/This subparagraph was modified according to the law of December 24, 2021/

15.2.2.to follow orders and procedures of the hearing;

/This subparagraph was modified according to the law of December 24, 2021/

15.2.3.to fulfill the legitimate demands of the organizer and the chairperson of hearing;

/This subparagraph was modified according to the law of December 24, 2021/

15.2.4.to provide statement of factual explanation and realistic opinion at the hearing. 

/This subparagraph was modified according to the law of December 24, 2021/

15.2.5.to be bound by duties specified by other respective legislation.

/This subparagraph was modified according to the law of December 24, 2021/

15.3.The participants of the hearing shall be prohibited to conduct improper actions such as discriminating, insulting others, interrupting their speech, make speech with approval of the hearing chairperson and using force.

/This paragraph was modified according to the law of December 24, 2021/

15.4.The hearing must be conducted using sign language interpreter so that persons with speech and hearing impediment can understand.

/This paragraph was modified according to the law of December 24, 2021/

15.5.The hearing chairperson shall ensure the possibility of participation and observation in hearing for persons with speech and hearing impediment.

/This paragraph was modified according to the law of December 24, 2021/

Article 16.Hearing organizer and huis/her rights and duties 

16.1.Hearings of the State Great Khural shall be organized by standing, sub and temporary committees in charge of the matter. Hearings of local self-governing bodies shall be organized by offices of its presidiums. Hearings of the Government shall be organized by cabinet secretariat of the Government. Hearings to be conducted by other organizations shall be organized by their respective offices and equivalents. 

/This subparagraph was modified according to the law of April 22, 2022/

16.2.Hearing organizer shall have duties to ensure the preparation for the hearing is satisfied and organize the hearing in accordance with the relevant legislations.

Article 17.Chairperson of the hearing and his/her rights and duties 

/This subparagraph was modified according to the law of December 24, 2021/

17.1.The chairperson of hearing shall have duties to organize the hearing in accordance with the relevant legislations, establish the matters factually and from all aspects, collect and evaluate the important evidence of the hearing, create conditions for participants to exercise their rights and enforce the order of the hearing.

/This paragraph was modified according to the law of December 24, 2021/

17.2.Election and appointment of the chairperson of hearing shall be regulated by this law and respective legislation. 

/This paragraph was modified according to the law of December 24, 2021/

17.3.Unless otherwise stated in law, the chairperson of hearing organized by the State Great Khural shall be elected by the majority vote of members who took part in the standing and sub-committee session. In the absence of the chairperson of hearing, the member appointed by him/her shall preside over the hearing.

/This paragraph was modified according to the law of December 24, 2021/

17.4.The chairperson of hearing shall have the following common rights and duties:

/This paragraph was modified according to the law of December 24, 2021/

17.4.1.to ensure the preparation of hearing:

/This subparagraph was modified according to the law of December 24, 2021/

17.4.2.to commence the hearing at fixed hour and organize according to its order:

/This subparagraph was modified according to the law of December 24, 2021/

17.4.3.to give approval to persons taking part in hearing to ask question and make speech:

/This subparagraph was modified according to the law of December 24, 2021/

17.4.4.to review hearing report and present it to authorized person:

/This subparagraph was modified according to the law of December 24, 2021/

17.4.5.to permit a leave for any person who has reasonable excuse:

/This subparagraph was modified according to the law of December 24, 2021/

17.4.6.to enforce the order of hearing and demand participants to follow the order:

/This subparagraph was modified according to the law of December 24, 2021/

17.4.7.to take measures specified in respective legislation on violators of the order of hearing:

/This subparagraph was modified according to the law of December 24, 2021/

17.4.8.to interrupt if any of the participants has used question, response, explanation, proposal and information that are irrelevant to the hearing and used any discriminating and insulting speech:

/This subparagraph was modified according to the law of December 24, 2021/

17.4.9.to give warning to a participant who has violated the order or hearing or shown action specified in paragraph 15.3 of this law and if necessary to suspend the right of making speech:

/This subparagraph was modified according to the law of December 24, 2021/

17.4.10.to give warning in case any participant has raised a topic other than the fixed topic of hearing:

/This subparagraph was modified according to the law of December 24, 2021/

17.4.11.to discharge any person who has disturbed the activity of hearing from chamber:

/This subparagraph was modified according to the law of December 24, 2021/

CHAPTER FOUR

COMMON PROCEDURES FOR HEARING

Article 18.Common procedures for hearing

18.1.Participants shall not ask questions from the chairperson and other participants. 

18.2.Comments, requests and information that have been received in writing on the matters of the hearing may be read and introduced at the hearing and recorded into the hearing minutes. 

18.3.Person under influence of either alcohol, narcotic drugs or psychotropic substances shall not be allowed to participate in the hearing. 

18.4.Media representatives shall be mandatorily present at the open hearings.

18.5.Majority of the members of the standing, sub and temporary committee in charge of the matter shall attend the hearing referred to in article 7 of this Law and hearings conducted by the State Great Khural on general monitoring, budget monitoring and the appointment. Hearings organized not satisfying this requirement shall be disqualified. 

/This paragraph was amended according to the law of December 24, 2021/

18.6.If an official has not submitted an explanation on the hearing issues, or not appeared without any reasonable excuse at the hearing conducted by the State Great Khural, it shall be considered as contempt of the State Great Khural and the official shall be held accountable in accordance with law.

18.7.The State Great Khural shall approve the detailed procedural rules on draft legislation, general monitoring, budget monitoring, and appointment hearings in accordance with this Law and Law on Legislations. The Government may approve detailed procedural rules on hearings on administrative normative acts in accordance with this Law and General Administrative Law. 

/This subparagraph was amended according to the law of December 24, 2021/

18.8.Procedures stipulated in paragraph 18.7 of the Law on Procedural order of the Session of the State Great Khural shall also have detailed regulations on relations with respect to submitting requests to conduct a hearing, processing of the request, informing and announcing the date of the hearing, participants, the process of organizing, registration, minutes of the hearing, hearing attendance, stages of the hearing, the appointment of the chairperson, his rights and duties and the order of hearing.

/This subparagraph was modified according to the law of December 24, 2021/ 

Article 19.Minutes of the hearing

19.1.Minutes of the hearing shall include the date and place that the hearing was organized, starting and ending time, surname, father's name, name and address of the chairperson of hearing and the participants, hearing attendance, whether if the rights and obligations were explained to the participant, and evaluation of the participant's explanations and evidence. 

19.2.Minutes of the hearing shall be available within 3 days from the date of the hearing ended and signed by the chairperson of hearing.

19.3.Minutes of the hearing shall be open except for the minutes of the closed hearing and shall be placed on the official website of the organization.

Article 20.Fixed date of hearing

20.1.The hearing organizer shall set the date of hearing. 

20.2.If necessary, a hearing may be conducted on non-working day.

20.3.Hearing organizer shall announce the public hearing date in the following period:

20.3.1.regarding the hearing on legislation, before the first discussion of the Standing Committee meeting; 

20.3.2.regarding the general monitoring, budget and appointment hearing, within a week after it was discussed and the date was established by the competent authority; 

/This subparagraph was amended according to the law of December 24, 2021/

20.3.3.regarding the hearing on administrative normative acts, in accordance with period set forth in the relevant law. 

20.4.If the hearing must be postponed after establishing a date for the hearing, new date of the hearing shall be announced through the means it was announced before.

20.5.Nonappearance of an official without a reasonable excuse at the hearing shall not be the reason to postpone the hearing. 

Article 21.Announcing the date of hearing to public

21.1.The date of the hearing shall be announced by public television, radio and organizer's website with frequency and tools stated in the rule referred to in paragraph 18.7 of this Law at least 14 days in advance. 

21.2.Notification for a state official shall be delivered by written notice or other attestable means. 

21.3.On-site hearing shall be announced by local media outlets and placed on bulletin or advertisement boards of the governor's office of the particular administrative and territorial unit and the cultural and service facilities which are regularly visited by the population. 

21.4.Announcement of the date of the hearing shall include date, time and place of the hearing, information and grounds of the subject of the hearing and registration period.  

Article 22.Request to attend the hearing and registration of participants 

22.1.Person and legal entity to attend the hearing as an observer shall submit the request in compliance with requirements set forth in article 10 of the Law on Resolving Applications and Complaints submitted to State Organizations and Officials by citizens to the hearing organizer five or more days in advance of the hearing.

22.2.Number of observers to attend the hearing, expiry of the registration period and procedures on conducting the hearing shall be regulated in detail by rules referred to in paragraph 18.7 of this Law.

Article 23.Participation of experts, interpreters and translators 

23.1.The chairperson of hearing shall deliver notices to the experts, translators and interpreters.

23.2.Notice must include the following:

23.2.1. the receiving person;

23.2.2. topic of the hearing;

23.2.3. date of the hearing.

23.3.If an expert, a translator or an interpreter has not appear at the hearing without a reasonable excuse, he/ she shall be penalized in accordance with the applicable law.

23.4.If an expert cannot appear at the hearing with a reasonable excuse or the transportation cost that may incur is excessive, expert may submit his opinion in writing.

Article 231.Expense of the hearing

/This article was added according to the law of December 24, 2021/

231.1.The state budget shall finance any expense concerning organizing hearing.

/This paragraph was added according to the law of December 24, 2021/

Article 24.Postponing the hearing

24.1.If the expert has stated the reason and duration to postpone the hearing by having it recorded in meeting minutes, the chairperson of hearing may postpone the hearing once based on the grounds of the request.

24.2.Postponing duration of the hearing shall not be more than five days depending on its grounds and reasons. 

CHAPTER FIVE

Miscellaneous

Article 25.Liability for the violators of the Law

25.1.In case that the actions by a civil servant violating this Law have not a criminal nature, they shall be subject to liabilities specified in the Law on Civil Service.

25.2.Any person or legal entity violating this Law shall be subject to liabilities specified in the Criminal Law or the Law on Violations.

/This article was modified according to the law of December 4, 2015/

Article 26.Entry into force of the Law

26.1.This Law shall enter into force on January 01, 2016.

CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA ENKHBOLD.Z