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Сонсох / Сонгосон утга сонсох
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Хэвлэх
(2023-06-19-ний өдрийн орчуулга) Unofficial translation
LAW OF MONGOLIA
May 29, 2015 Ulaanbaatar city
ON LEGISLATION
/Revised edition/
CHAPTER ON
GENERAL PROVISIONS
Article 1.Purpose of the law
1.1.The purpose of this Law is to regulate relations in connection with initiating and drafting a law and other decision of the State Great Khural /hereinafter referred to as the "Legislation"/, determining requirements to set on drafts of the legislation, ensuring public participation in the drafting, submitting the drafts to the State Great Khural, publishing and promoting of the adopted legislation, and assessing their implementation outcomes.
/This paragraph was modified by the law as of May 4, 2023/
Article 2.Definition of terms of the Law
2.1.The following terms used in this Law shall have the following meanings:
2.1.1."A law initiator" shall mean a person stated in the paragraph 1 of the Article Twenty-six of the Constitution of Mongolia;
2.1.2."A right to initiate a law" shall mean making a draft in professional level by the person stated in the sub-paragraph 2.1.1 of this Law in conformity with scope and limits stated in the Article 38 of the Law on State Great Khural of Mongolia and other relevant legislation and submitting it to the State Great Khural;
/This paragraph was modified by the law as of May 7, 2020/
2.1.3."A draft of law" shall mean an original text of the draft law to be submitted to the State Great Khural upon developing it by fulfilling the requirements stated in this Law by the initiator of the law;
2.1.4."A draft of other decision of the State Great Khural" shall mean an original text of the draft resolution of the State Great Khural to be submitted to the State Great Khural upon developing it by fulfilling the requirements stated in this Law by the initiator of the law.
/This paragraph was amended by the law as of May 12, 2017/
Article 3.Scope of the application of the Law
/This article was invalidated by the law as of May 4, 2023/
3.1.This Law shall regulate the relations in connection with initiating and drafting legislation, ensuring public participation, making legal opinions, submitting, publishing the adopted legislation, promoting to the public, organizing its implementation, and making monitoring and assessment in the implementation of the legislation.
/This paragraph was amended by the law as of May 12, 2017/
Article 4.Common principles
4.1.When implementing this Law, the following common principles shall be adhered to in addition to the principles stated in the paragraph 2 of the Article One of the Constitution of Mongolia:
4.1.1.to be transparent and open;
4.1.2.to ensure public participation;
4.1.3.to be apart from conflict of interest;
4.1.4.to be based on the research and analysis.
CHAPTER TWO
INITIATING AND PLANNING LEGISLATION
Article 5.Initiating a law
5.1.If a law initiator initiates a certain law, he/she shall develop a draft law in conformity with scope and limits stated in the Article 38 of the Law on State Great Khural of Mongolia and other relevant legislation and submit it to the State Great Khural.
/This paragraph was modified by the law as of May 7, 2020/
5.2.Citizens and legal entities shall submit a proposal on the draft law to the law initiators. If the law initiator considers that such proposal as grounded, he/she may initiate a law in respect to the given matter.
Article 6.Initiating a resolution of the State Great Khural
6.1.A law initiator may initiate a draft resolution of the State Great Khural. Other organizations shall submit their respective proposal to the law initiators if it is stated in the law.
6.2.Members of the State Great Khural may initiate a resolution in respect to internal organization of the State Great Khural and/or activities of the authorities directly responsible and reporting their works to the State Great Khural within the level of the relevant Standing Committee.
6.3.The paragraphs 6.1 and 6.2 of this Law shall not apply to the resolution of the State Great Khural in respect to electing a Chairman and a Vice-Chairman of the State Great Khural at the primary session of the State Great Khural.
Article 7.Planning a work to develop a draft law
7.1.The Government shall plan in prior a legislation to be initiated during the respective terms of office of the Government and specify them in the Main directives of the Elaborating legislation /hereinafter referred to as the "Main Directives"/.
7.2.A state central administrative body in charge of legal affairs shall develop a draft of the Main Directives in conformity with the Action plan of the Government based on the integrating and studying upon receiving proposals of the relevant organizations.
7.3.An organization to provide a proposal to the draft of the Main Directives shall determine grounds and demands to issue the primary law and/or revised editions of the law or addendum and amendment to the law based on researching preliminary needs and requirements of the legislation and/or making assessment on outcomes of the implementation of the legislation regulating the given relations.
/This paragraph was amended by the law as of May 12, 2017/
/This paragraph was modified by the law as of May 4, 2023/
7.4.A draft of the Main Directives shall be approved by the Government and presented to the State Great Khural.
This paragraph was modified by the law as of May 4, 2023/
7.5.When determining the list and sequence of drafts of the legislation to be discussed at the session of the State Great Khural, the principle of discussing the drafts of the legislation reflected in the Main Directives shall be adhered to at the first.
7.6.If it is not included in the Main Directives, but it is deemed necessary to be regulated by legislation, the Government may initiate and develop the draft of the relevant legislation and submit it to the State Great Khural.
CHAPTER THREE
ORGANIZING A WORK TO DEVELOP A DRAFT OF LEGISLATION
Article 8.Steps of the work to develop the legislation draft
8.1.A law initiator shall organize the works to develop a legislation draft under the following steps:
8.1.1.to conduct a preliminary research of the needs and demands of legislation in accordance with Article 13 of this Law or make an assessment on the implementation outcomes of legislation regulating the respective relations in accordance with Article 51 of this Law;
/This sub-paragraph was amended by the law as of May 12, 2017/
8.1.2.to develop a concept draft of the legislation draft and approve the concept in accordance with Articles 14 and 15 of this Law;
8.1.3.to develop a legislation draft in accordance with Article 16 of this Law;
8.1.4.to make impact assessment and cost estimation of the legislation draft in accordance with Articles 17 and 18 of this Law;
8.1.5.to be discussed a legislation draft and receive proposals thereto from citizens, representatives of legal entities and public whose rights and legal interest to be affected;
8.1.6.to receive proposals on the legislation draft from the respective government and non-government organizations as well as professional and research organizations;
8.1.7.to receive proposals and opinions from the competent person authorized to make a legal opinion in legislation draft;
/This sub-paragraph was invalidated by the law as of May 12, 2017/
8.1.8.to be discussed a legislation draft at the session of the Government;
8.1.9.to complete the composition of the legislation draft in accordance with Article 40 of this Law and submit to the State Great Khural for adoption.
Article 9.Being responsible for developing work of the legislation draft
9.1.A law initiator shall be responsible and organize a work on developing a legislation draft.
9.2.A legislation draft to be initiated by the Government shall be developed by the relevant state central administrative body in accordance with the Main Directives or under the matter of the appropriate scope and sectors as assigned by the Government.
/This paragraph was invalidated by the law as of May 4, 2023/
9.3.With purpose of ensuring inter-sectoral coordination, a law initiator may involve a participation of an officer in charge of the given matters upon agreeing with the management of the relevant organization as well as the researchers and scientists in the works on developing a legislation draft.
/This paragraph was amended by the law as of May 12, 2017/
/This paragraph was amended by the law as of May 4, 2023/
9.4.A law initiator shall have a right to receive an estimation, research, data, and documents required for developing a legislation draft from the relevant legal entity and officials.
9.5.A proposal shall be received from the relevant government and non-governmental organizations, professional and research organizations, experts, scientists, citizens, and legal entities during the procedure of the developing a legislation draft and it shall be taken into account when developing the draft.
Article 10.Forms on organizing the works to develop a legislation draft
10.1.A law initiator shall organize a work to develop a legislation draft under the following forms:
10.1.1.to develop a legislation draft by itself;
10.1.2.to have established and worked a working group consists of an official of the relevant organization, as well as researchers and scientists;
/This sub-paragraph was amended by the law as of May 12, 2017/
10.1.3.to have performed it by citizen and legal entities under the basis of the contract.
Article 11.Financing a work to develop a legislation draft
11.1.A law initiator shall finance costs to be spent related to developing a legislation draft from its own budget.
11.2.A work to develop a legislation draft may be financed by the non-profit organization without an intention of illegal interference to the legislative procedure.
Article 12.Providing methodological guidance to the work on developing a legislation draft
12.1.The Government shall approve and enforce the following methodologies:
12.1.1.a methodology to develop a legislation draft;
12.1.2.a methodology to conduct preliminary research of the needs and demands of the legislation;
12.1.3.a methodology to make assessment of the impact of legislation draft;
12.1.4.a methodology to make a cost estimation to be issued in connection with implementation of the legislation;
12.1.5.a methodology to make monitoring and analysis in the implementation of the legislation;
/This sub-paragraph was invalidated by the law as of May 4, 2023/
12.1.6.a methodology to make assessment on the outcomes of the implementation of the legislation.
12.2.A methodology stated in the sub-paragraphs 12.1.2-12.1.6 of this Law shall not apply to developing of the following legislation drafts:
12.2.1.on adopting of an international treaty;
/This sub-paragraph was modified by the law as of May 12, 2017/
12.2.2.state budget and budget amendment of the respective year;
12.2.3.medium-term budget framework statement;
12.2.4.state investment program;
/This sub-paragraph was invalidated by the law as of May 4, 2023/
12.2.5.Government debt management strategy;
12.2.6.on adopting state budget performance;
12.2.7.a draft law and/or draft decision of the State Great Khural initiated by the law initiator in connection with removing the respective circumstance and overcoming it during the period of special circumstances including state of emergency, state of martial law, and state of war and/or the circumstances stated in the paragraph 5.1 of the Law on State of War, paragraph 5.1 of the Law on State of Martial law, and paragraph 6.4 of the Law on Mobilization, and the state of preparedness specified in the Law on Disaster Prevention, as well as the special circumstance on spread of international pandemic disease;
/This sub-paragraph was amended by the law as of May 12, 2017/
/This sub-paragraph was amended by the law as of April 9, 2020/
12.2.8.on structure and composition of the Government and amendment thereto;
/This sub-paragraph was amended by the law as of May 4, 2023/
12.2.9.on appointment and release of the Prime Minster of Mongolia;
/This sub-paragraph was modified by the law as of May 13, 2020/
12.2.10.a resolution draft specified in the paragraphs 6.2 and 6.3 of this Law;
12.2.11.on adopting the documents specified in the subparagraphs 4.1.4, 4.1.5, 4.1.6, 4.1.8, 4.1.12 and 4.1.13 of the Law on Development policy, planning and its management;
/This sub-paragraph was modified by the law as of May 4, 2023/
12.2.12.on adopting an action plan of the Government;
/This sub-paragraph was invalidated by the law as of May 4, 2023/
12.2.13.on adopting a main directive to develop economy and society of the country;
/This sub-paragraph was invalidated by the law as of May 4, 2023/
12.2.14.on adopting a main directive to upgrade the legislation;
/This sub-paragraph was invalidated by the law as of May 4, 2023/
12.2.15.on adopting a main directive to be followed by the state in connection with the monetary policy during the respective year;
/This sub-paragraph was amended by the law as of May 12, 2017/
12.2.16.on appointing and releasing officials;
12.2.17.the legislation draft specified in the paragraph 21.1 of the Law on Session procedure of the State Great Khural of Mongolia;
/This sub-paragraph was added by the law as of May 12, 2017/
/This sub-paragraph was amended by the law as of May 4, 2023/
12.2.18.the legislation draft developed as specified in the Subparagraphs 3.4.1 and 3.4.3 of the Law on National security;
/This sub-paragraph was added by the law as of May 12, 2017/
12.2.19.on establishing a diplomatic relationship;
/This sub-paragraph was added by the law as of May 12, 2017/
12.2.20.on establishing a level and location of a diplomatic representative office;
/This sub-paragraph was added by the law as of May 12, 2017/
12.2.21.on adopting a system and general structure scheme of the state administrative organizations;
/This sub-paragraph was added by the law as of May 12, 2017/
12.2.22.on the State Great Khural of Mongolia and Session procedures of the State Great Khural of Mongolia;
/This sub-paragraph was added by the law as of May 12, 2017/
/This sub-paragraph was modified by the law as of April 9, 2020/
12.2.23.a resolution draft of the State Great Khural regarding to impose, grant or exempt the excise tax;
/This sub-paragraph was added by the law as of May 12, 2017/
12.2.24.the legislation draft developed to amend several laws simultaneously for the purpose to remove their gaps, duplications and conflicts in accordance with the paragraph 24.2 of this law.
/This paragraph was added by the law as of April 14, 2017/
/This sub-paragraph was added by the law as of May 12, 2017/
12.3.The methodology to conduct a preliminary research of the needs and demands of the legislation, specified in the sub-paragraph 12.1.2 of this Law shall not be applied to develop the following legislation drafts:
12.3.1.specified in the Constitution of Mongolia to regulate the matter by law only;
12.3.2.Mongolia is specifically obliged to amend, change or newly adopt the domestic legislation in regards with the matter under the international treaties of Mongolia;
12.3.3.a recommendation is issued to revise, amend or invalidate the respective law as a result of an assessment, which is made in accordance with the methodology, specified in the sub-paragraph 12.1.6 of this Law.
/This paragraph was added by the law as of May 12, 2017/
Article 13.Conducting a preliminary research of the needs and demands of the legislation
13.1.A law initiator shall determine the needs and demands to develop a legislation draft according the methodology, specified in the sub-paragraph 12.1.2 of this Law.
13.2.The following matters shall be studied according the methodology, specified in the sub-paragraph 12.1.2 of this Law and recommendation shall be made:
13.2.1.To study whether to comply with the Constitution of Mongolia, international treaties of Mongolia and other laws;
13.2.2.To determine whether the respective matter is required to be regulated by the legislation;
13.2.3.To determine legal norms to regulate that matter;
13.2.4.To compare and study positive and negative aspects of legal norms to be regulated;
13.2.5.To determine the effective solution to settle the respective matter on the basis of pre-evaluation of the impacts on human rights, economy, society and environment;
13.2.6.if necessary, to conduct research on the legal regulation of other countries on the respective matter.
/This paragraph was modified by the law as of May 12, 2017/
13.3.A law initiator shall conduct a preliminary research of the needs and demands of the legislation in case of developing the primary draft law and the draft law that adds newly principled regulations to the existing law.
/This paragraph was added by the law as of May 4, 2023/
Article 14.Developing a concept draft of the legislation draft
14.1.A law initiator shall develop a concept draft based on conducting a preliminary research of the needs and demands of the legislation or making an assessment of the outcomes of the implementation of the legislation.
/This paragraph was amended by the law as of May 12, 2017/
14.2.The followings shall be included in the concept draft, specified in the Paragraph 14.1 of this Law:
14.2.1.grounds and demands to develop a legislation draft;
14.2.2.objectives, general structure, relations to be regulated and scope of the legislation;
14.2.3.economic, social, and legal outcomes that may arise after the adoption of the legislation and recommendation for measures to be taken to resolve them;
/This sub-paragraph was amended by the law as of May 4, 2023/
14.2.4.recommendations on how the legislation draft should be complied with the Constitution of Mongolia, international treaties of Mongolia and other laws, as well as recommendations of the legislation to be newly developed, revised, amended, or invalidated.
/This sub-paragraph was amended by the law as of May 4, 2023/
14.3.Needs and demands, specified in the sub-paragraph 14.2.1 of this law, shall be definitely explained and included in the concept draft of the legislation draft. Whether the legislation draft complies with the scope and limits of the right to initiate laws shall be clarified in the grounds and demands.
/This paragraph was modified by the law as of May 4, 2023/
14.4.A law initiator may develop and submit a package of several interrelated law drafts in a certain sector for discussion all together at the same time.
/This paragraph was added by the law as of May 4, 2023/
14.5.When a law initiator develop a package of several law drafts in accordance with the paragraph 14.4 of this Law, in the case of developing a primary law, revising, or amending the law following the general law governing the respective relation, the content of each draft law can be summarized and determined in a single concept.
/This paragraph was added by the law as of May 4, 2023/
Article 15.Adopting a concept draft of the legislation draft
15.1.The President and a member of the State Great Khural shall determine and approve the concept of the self-initiated legislation draft.
15.2.A concept draft of the legislation draft to be initiated by the President and a member of the State Great Khural can be submitted to the Cabinet member in charge of legal affairs. In this case, the Cabinet member in charge of legal affairs shall issue a recommendation.
15.3.A concept draft of the legislation draft to be initiated by the Government shall be developed by the state central administrative body in charge of the respective matter and adopted jointly by the Cabinet member in charge of the respective matter and the Cabinet member in charge of legal affairs.
/This paragraph was amended by the law as of May 4, 2023/
15.4.In the case the social relations to be regulated by the legislation belong to the scope of the matters in charge of several members of the Government, a concept draft of the legislative draft shall be adopted jointly by the Cabinet members in charge of these matters and the Cabinet member in charge of legal affairs
15.5.The concept draft of the legislation draft in the field of finance, budget and taxation, developed by the state central administrative body, shall be adopted jointly by the Cabinet member in charge of the respective matter and the Cabinet members in charge of finance, budget and legal affairs.
15.6.The concept draft of the law draft on the ratification of international treaties shall be developed by the state central administrative body in charge of matters subject to be regulated under the treaty, and adopted jointly by the Cabinet member in charge of the respective matter and the Cabinet members in charge of foreign affairs and legal affairs.
15.7.The Cabinet member in charge of legal affairs shall independently adopt the concept draft of the legislation draft regulating the following social relations:
15.7.1.common relations in the fields of the criminal, civil, administrative, and violation law;
/This sub-paragraph was modified by the law as of May 4, 2023/
15.7.2.matters belonging within the scope of matters in charge of as specified by the law.
15.8.The Cabinet member, who is specified in the paragraphs 15.3-15.6 of this Law shall review the concept draft of the legislation draft submitted by the Cabinet member in charge of the respective matter and shall make one of the following decisions within 30 days:
15.8.1.to promote and jointly adopt the draft;
15.8.2.to make a proposal to re-develop and return the draft;
15.8.3.to make a conclusion that relations not required to be regulated by law.
15.9.The proposals and conclusions on the review of the concept draft of the legislation draft in accordance with the sub-paragraphs 15.8.2 and 15.8.3 of this Law shall clearly state the grounds.
15.10.When the Cabinet member in charge of the respective matter submits the concept draft of the legislation draft to the Cabinet member in charge of legal affairs for joint approval, he/she shall submit together a report of a preliminary research conducted on the needs and demands of the legislation, or an assessment of the outcomes of the implementation of the legislation regulating the respective relations.
/This Article was modified by the law as of May 12, 2017/
15.11.The concept of the law draft, specified in the sub-paragraph 12.2.8 of this Law shall be determined and adopted by the Prime Minister of Mongolia, and the law draft shall be submitted in accordance with the paragraph 3 of Article Thirty-nine of the Constitution of Mongolia.
/This paragraph was added by the law as of May 4, 2023/
15.12.When developing a concept draft of the revised law draft, specified in the sub-paragraph 22.1.3 of this Law, it shall be developed and adopted under the name of the effective existing law, and in the case the name of the law is to be changed, it shall be reflected in its concept draft.
/This paragraph was added by the law as of May 4, 2023/
Article 16.Developing the legislation draft
16.1.The legislation draft shall be developed in compliance with its concept.
16.2.The legislation draft shall be developed in accordance with the methodology, specified in the fourth Chapter and the sub-paragraph 12.1.1 of this Law.
16.3.When developing the legislation draft, drafts of addendum and amendments to be inserted to other laws, as well as decision drafts to be issued accompanying them, shall be developed together, and relevant estimation and research shall have been conducted.
16.4.The state central administrative organization in charge of legal affairs can provide professional and methodological advice to the state central administrative organizations and other organizations on developing legislation drafts.
Article 17.Making an assessment on impacts of the legislation draft
17.1.A law initiator shall assess the impacts of the legislation draft according to the methodology specified in sub-paragraph 12.1.3 of this Law.
17.2.The impacts of the legislation draft shall be assessed according to the methodology specified in sub-paragraph 12.1.3 of this Law, and recommendation shall be made:
/This paragraph was amended by the law as of May 12, 2017/
17.2.1.to consider and analyze the implementation possibility in practice of regulations of the legislation draft, or some of its articles and paragraphs and their interrelationships;
17.2.2.to clear duplications, gaps and conflicts of the legislation;
17.2.3.to determine the possible and unforeseen outcomes of the adoption and implementation of the legislation draft.
17.3.Based on the assessment of the impact of the legislation draft after its adoption and implementation, if it is required, the legislation draft, or its some articles and paragraphs shall be re-developed again.
Article 18.Estimating the costs to be issued in regards with the implementation of legislation
18.1.An estimation of the costs to be arisen to the activities of citizens, legal entities and government organizations belong to a scope of application of the legislation upon adopting the respective legislation draft shall be developed from time to time, and the ratio of the costs and benefits shall be defined according to the methodology stated in sub-paragraph 12.1.4 of this Law.
18.2.When conducting the preliminary research of the needs and demands of legislation in accordance with Article 13 of this Law and making the assessment of the outcomes of the implementation of the legislation in accordance with Article 51 of this Law, the methodology specified in sub-paragraph 12.1.4 of this Law may be followed.
/This paragraph was amended by the law as of May 12, 2017/
Article 19.Making a legal opinion to the legislation draft
/This article was invalidated by the law as of May 12, 2017/
19.1.The state central administrative body in charge of legal affairs shall make a legal opinion on whether the legislation draft initiated by the Government meets the requirements specified in this Law or not.
19.2.The Office of the State Great Khural shall make a legal opinion on whether the legislation draft initiated by the law initiator meets the requirements specified in this Law or not.
Article 20.Receiving a proposal on legislation draft initiated by the Government and to be discussed it at the session of the Government
20.1.The relevant state central administrative body shall issue a proposal on legislation draft developed by the state central administrative body within 30 days.
20.2.If the proposal is not submitted within the period specified in paragraph 20.1 of this Law, it shall be considered that there is no special proposal.
20.3.The state central administrative body shall receive a written proposal by the other state central administrative bodies and the relevant state organizations in respect to its developed legislation draft. If it is deemed as reasonable, the proposal shall be reflected in the legislation draft.
/This paragraph was amended by the law as of May 4, 2023/
20.4.The state central administrative body shall submit its developed legislation draft together with its concept, introduction, the report on the preliminary research of the needs and demands of the legislation or the report on the assessment on the outcomes of the implementation of the legislation regulating the respective relations, the report on the assessment of the impact of legislation draft, as well as the report on the cost estimation to be issued in connection with implementation of the legislation to the state central administrative body in charge of legal affairs for review. If the legislation draft has the impact of increasing budget expenditure or reducing revenue, it shall be submitted to the state central administrative body in charge of finance and budget for review.
/This paragraph was amended by the law as of May 12, 2017/
/This paragraph was amended by the law as of May 4, 2023/
20.5.If the legislation draft does not meet the requirements set forth in this Law, the member of Government in charge of legal affairs shall return the respective draft to the relevant the state central administrative body with the justifiable explanation.
/This paragraph was amended by the law as of May 12, 2017/
20.6.In case of the legislation draft is returned in accordance with paragraph 20.5 of this Law, the state central administrative body re-develop the respective draft and submit it to the state central administrative body in charge of legal affairs for review.
20.7.The member of the Government in charge of finance and budget matters shall review whether the legislation draft initiated by the Government increases the budget expenditure or decreases the revenue, and shall give permission to be discussed it at the session of Government and submit it to the State Great Khural.
/This paragraph was amended by the law as of May 12, 2017/
20.8.The member of the Government in charge of legal affairs shall review at the final stage whether the legislation draft initiated by the Government meets the requirements set forth in this Law, and shall give a permission to be discussed it at the session of Government and submit it to the State Great Khural.
/This paragraph was amended by the law as of May 12, 2017/
20.9.The member of the Government in charge foreign affairs shall give permission in respect to the draft legislation on ratification of international treaty to be discussed at the at the session of Government and submit it to the State Great Khural.
20.10.The permission specified in paragraphs 20.7-20.9 of this Law shall be made in written.
20.11.On the basis of obtaining the permission specified in paragraph 20.10 of this Law, the legislation draft developed by the state central administrative body shall be submitted to the Cabinet Secretariat for discussion at the session of Government.
20.12.The procedure specified in Paragraph 3 of the Article 29 of the Law on the Government of Mongolia shall be followed when discussing the legislation draft at the session of Government.
/This paragraph was added by the law as of May 12, 2017/
Article 21.Obtaining proposals and opinions of the Government on legislation draft initiated by the President and the members of the State Great Khural and discussing it at the session of the Government
21.1.The President and a member of the State Great Khural shall submit its initiated legislation draft together with its concept, introduction, the report on the preliminary research of the needs and demands of the legislation or the report on the assessment on the outcomes of the implementation of the legislation regulating the respective relations, the report on the assessment of the impact of legislation draft, as well as the report on the cost estimation to be issued in connection with implementation of the legislation to the Government of Mongolia for receiving proposals and opinions.
/This paragraph was added by the law as of May 12, 2017/
21.2.Within 3 business days from the date of receipt of the legislation draft by the Cabinet Secretariat, it shall be submitted to the State central administrative body in charge of legal affairs for the preparation of the Government's proposals and opinions.
21.3.The State central administrative body in charge of legal affairs shall deliver the legislation draft initiated by the President or a member of the State Great Khural to other members of the Government and the relevant organizations within 3 business days from the date of receipt of the legislation draft.
21.4.The organizations and officials specified in paragraph 21.3 of this Law shall prepare a proposal for the legislation draft initiated by the President or the member of the State Great Khural within 10 business days from the date of receipt of the legislation draft, and submit it to the state central administrative body in charge of legal affairs.
21.5.If the state central administrative body does not submit its proposal within the period specified in paragraph 21.4 of this Law, it shall be considered that it does not have a special proposal.
21.6.The state central administrative body in charge of legal affairs shall adhere to following principles when incorporating the proposals submitted by other members of Government into draft of the Government's proposals and opinions:
21.6.1.to formulate principled propositions individually;
21.6.2.to combine grammatical, compositional, formulaic propositions;
21.7.The state central administrative body in charge of legal affairs shall develop a draft of Government's proposals and opinions and submit it to the Cabinet Secretariat within 7 business days from the expiration date of the period specified in paragraph 21.4 of this Law.
21.8.The Cabinet Secretariat shall submit the draft of Government's proposals and opinions to be discussed at the session of the Government within 7 business days from the date of receipt in accordance with paragraph 21.7 of this Law.
21.9.The following matters shall be included in the draft of Government's proposals and opinions specified in paragraph 21.7 of this Law:
21.9.1.whether the legislation draft complies with the Constitution of Mongolia, international treaties of Mongolia, other laws and legal policies;
/This sub-paragraph was amended by the law as of May 12, 2017/
/This sub-paragraph was amended by the law as of May 4, 2023/
21.9.2.whether the legislation draft is coherent with other legislation;
/This sub-paragraph was invalidated by the law as of May 12, 2017/
21.9.3.whether the legislation draft meets the requirements specified in this Law.
21.10.The state central administrative body in charge of finance and budget matters shall prepare a Government's opinion on whether the legislation draft initiated by the President or the member of the State Great Khural meets the special budget requirements specified in the Law on Budget Stability Law, other budget requirements specified in the Law on Budget, as well as the statement of the medium-term budget framework, and submit it to the member of Government in charge of legal affairs within the period specified in paragraph 21.4 of this Law.
/This paragraph was amended by the law as of May 4, 2023/
21.11.The Government shall submit its proposals and opinions to the law initiator within 30 business days. If necessary, the respective period can be extended based on the written consent of the law initiator upon the agreement with him/her.
/This paragraph was amended by the law as of April 4, 2020/
/This paragraph was amended by the law as of May 4, 2023/
21.12.If the Government does not submit its proposals and opinions within the period specified in paragraph 21.11 of this Law, it shall be considered that there is no special proposal.
/This paragraph was amended by the law as of May 4, 2023/
21.13.If the Government makes an opinion that the legislation draft specified in Article 21.1 of this Law does not comply with the Constitution of Mongolia, international treaties of Mongolia, other laws, and legal policies, and it does not meet the requirements set forth in this Law, the respective opinion shall be presented by the member of Government in charge of legal affair at the plenary session of State Great Khural.
/This paragraph was amended by the law as of May 4, 2023/
21.14.It may not be requested a proposal of the Government in the legislation draft that are stated in the legislation to make a decision by the State Great Khural, or the legislation draft in connection with activities and internal organization of the session of the State Great Khural.
/This paragraph was added by the law as of June 29, 2018/
CHAPTER FOUR
THE TYPE, STRUCTURE, FORM AND REQUIREMENTS FOR THE ORIGINAL TEXT OF THE DRAFT LEGISLATION
Article 22.Type of draft law
22.1.Draft law shall have the following types:
22.1.1.a primary draft law;
22.1.2.a draft law to amend the law;
22.1.3.a draft law on revision;
22.1.4.a draft of a package of laws;
/This sub-paragraph was invalidated by the law as of May 4, 2023/
22.1.5.a draft law on annulation of the law.
/This sub-paragraph was added by the law as of May 12, 2017/
Article 23.A primary draft law
23.1.Based on the study of the state of social relations and problems faced, the law initiator shall develop a primary draft law if it is necessary to regulate the newly formed relations by law, or if it is necessary to regulate the legal regulation of the respective social relations in detail by a new law.
Article 24.A draft law to amend the law
24.1.Based on the assessment of the outcomes of the implementation of the law, a draft law to amend the law shall be developed to make addendum to the law, to modify certain articles and sub-paragraphs of the law, or to consider certain articles and sub-paragraphs as invalid.
/This paragraph was amended by the law as of May 12, 2017/
/This paragraph was amended by the law as of May 4, 2023/
24.2.In order to eliminate regulatory overlap, legal gaps, and contradiction of laws, the Government may initiate and develop draft laws to amend several laws at the same time and submit it to the State Great Khural. In this case, it is not necessary to define the concept in each law that is being amended.
24.3.Amendments to the law shall be included in the primary original text of the law.
24.4.Draft laws shall be titled differently, as in the case of making an addendum to the law, it shall be named "a law on addendum"; when changing the law, shall be named "a law on amendment"; when making both addendum and amendments, it shall be named "law on addendum and amendments"; and when repealing the articles and provisions of the law, it shall be named "a law on annulation".
/This paragraph was amended by the law as of May 12, 2017/
24.5.The draft law to amend the law is divided into the following categories:
24.5.1.on addendum and amendments to the law;
24.5.2.on an addendum to the law;
24.5.3.on amendments to the law;
24.5.4.on the annulment of articles, paragraphs, and sub-paragraphs of the law.
/This sub-paragraph was amended by the law as of May 12, 2017/
24.6.Amendments to the law shall be made in relation to only one law, and the title, article, paragraph, and sub-paragraph numbers of the amended law shall be clearly written.
24.7.In the draft law to change the law, the content of the article shall be written directly after the number without putting the title of the article.
24.8.If several changes are made to one article of the law, each change shall be marked as an independent provision.
24.9.If some definitions and words of the article, paragraph, and subparagraph to be changed are changed or removed, and their meaning cannot be uniformly understood, it shall be modified.
24.10.All articles, paragraphs, and subparagraphs of the law that are invalidated shall be included in the provision of the draft law invalidated.
24.11.If definition changes are to be made in several laws in connection with the draft law, a single draft law may be developed that reflects the changes to be made in each law.
/This paragraph was invalidated by the law as of May 12, 2017/
Article 25.A law revision draft
25.1.In the following cases, a draft revision of the law shall be developed:
25.1.1.if more than 50% of the provisions of the law were amended;
25.1.2.the structure and coherence of the law will be lost due to amendments to the law, or if more than 50% of the provisions of the law are amended;
25.1.3.if there are amendments or changes that lead to a change in the entire concept of the law;
25.1.4.there was a significant change in the state and content of social relations regulated by the law, and it was necessary to revise the law in accordance with it.
25.2.When developing a revision draft of the law, a draft law on considering the primary law as invalidated shall be developed together.
Article 26.A draft of a package of laws
/This article was invalidated by the law as of May 4, 2023/
26.1.The law initiator may develop and submit a draft of a package of laws for simultaneous consideration of several related laws in a certain field. In this case, the concept of each law shall be determined.
/This paragraph was amended by the law as of May 12, 2017/
Article 261.A draft law on annulation of the law
/This article was added by the law as of May 12, 2017/
261.1.Annulation of the law on annulling of the law shall not restore the validity of the previously invalidated law.
261.2.In the event that the relevant law stipulates the term of validity of the law, the law shall be invalid upon the expiration of the term.
/This paragraph was added by the law as of May 4, 2023/
261.3.The law shall not be applied retroactively unless otherwise specified in the relevant law.
/This paragraph was added by the law as of May 4, 2023/
Article 27.Regulations in respect to rules for compliance of laws
27.1.The following issues shall be regulated by rules for the compliance of law:
27.1.1.the conditions under which the law as a whole, or a specific part, section, chapter, article, or provision of the law comes into effect;
27.1.2.the conditions for preparation of the organizational and transitional stages related to the implementation of the law, and for implementing new structures and tasks;
27.1.3.the conditions, methods and form of the liabilities to be regulated in respect to how to protect, recognize, confirm, amend, and invalidate the relations arisen in accordance with legal regulations previously existing, as well as the rights, and obligations of a citizen and legal entity according to the new law, and to eliminate negative outcomes thereto;
27.1.4.conditions for compensating of any costs, compensation, or damages related to the entry into force of the law;
27.1.5.specific conditions and circumstances under which previous laws and legal regulations and some of their sections are valid;
27.1.6.a special case of retroactive application of the law.
Article 28.Structure and form of a draft law
28.1.A draft law shall have the following structure:
28.1.1.the title of the draft law;
28.1.2.the article which is the main structural unit of the draft law;
28.1.3.the paragraph within the article;
28.1.4.the sub-paragraph within the paragraph;
28.1.5.the clauses within sub-paragraphs;
28.1.6.if necessary, chapter, sub-chapter, section, sub-section, and part.
28.2.The structure of the draft law shall meet the following requirements:
28.2.1.the articles shall have a title and a unified number that briefly expresses the content and that are coherent and sequenced;
28.2.2.reflect each individual idea in one article;
28.2.3.if the sentences express one idea, they shall be reflected in one paragraph, and if the independent idea is expressed by several sentences, the article shall be divided into paragraphs;
/This sub-paragraph was amended by the law as of May 4, 2023/
28.2.4.a sub-paragraph shall consist of as few sentences as possible;
/This sub-paragraph was amended by the law as of May 4, 2023/
28.2.5.to group articles into a chapter by topic and combine chapters into sections and parts.
/This sub-paragraph was amended by the law as of May 4, 2023/
28.3.The structure of the draft law shall be placed in the following order:
/This paragraph was amended by the law as of May 12, 2017/
28.3.1.a title of the draft law;
28.3.2.a "general part" or "general provisions" named chapter or section that includes articles that establish general norms;
28.3.3.definitions of the terms;
28.3.4.a special "part" combining articles that set out special norms, or legal norms that are divided into chapters or sections by their contents;
28.3.5.procedures for activities by a citizen and legal entity, their rights and obligations;
28.3.6.exceptional conditions;
28.3.7.norms establishing liability;
28.3.8.regulation on rules for the compliance of the law;
28.3.9.if necessary, the norm on entry into force of the law; and
28.3.10.miscellaneous.
28.4.The title of the draft law consists of the following items:
28.4.1.the Head "Law of Mongolia";
28.4.2.the date by year, month and day of the adoption of the law /written in Arabic numerals/;
28.4.3.the name of the place /city/ where the law was enacted;
28.4.4.the title of the law which expresses its content briefly and clearly.
28.5.The title of the law specified in sub-paragraph 28.4.4 of this Law shall be written in capital letters and shall have the following type:
28.5.1.a title that begins with the words "on…" /ON MINERALS, ON AMENDMENTS TO THE LAW ON THE GOVERNMENT OF MONGOLIA etc./;
28.5.2.a title that begins with a word "law on". /CIVIL CODE, LAW ON ANTI-CORRUPTION etc./
28.6.Structure of draft law shall be numbered according to the following:
28.6.1.Part and Section shall be in Roman numerals, or in writing;
28.6.2.Chapter shall be in writing;
28.6.3.Article shall be numbered in Arabic numerals, and continuing with "st", "rd", or "th", article shall be in writing /1st article etc./;
28.6.4.Paragraph of article shall be numbered in Arabic numerals with a point on the right side /1.1. etc./;
28.6.5.Sub-paragraph in paragraph of article shall be numbered in Arabic numerals with a point on the right side /1.1.1. etc./;
28.6.6.Clause in sub-paragraph shall be numbered in letters /1.1.1.а. etc./.
28.7.If necessary, depending on the nature of relations to be regulated, the structural part of the draft law can be numbered as follows:
28.7.1.when numbering the article, write the chapter number in Arabic numerals with a point on the right side before the article number, and write "st" or "rd" or "th" behind it/;
28.7.2.paragraph shall be numbered in Arabic numerals with a point on the right side /1. etc./;
28.7.3.sub-paragraph in paragraph shall be numbered in Arabic numerals with a point on the right side /1.1. etc./;
28.7.4.clause in sub-paragraph shall be numbered in letters /1.1.а. etc./.
28.8.Provisions of draft law on addendum and amendments to the law shall be placed in the following order:
28.8.1.on making an addendum to the law;
28.8.2.on modifying some articles, paragraph, sub-paragraphs of the law;
28.8.3.on changing some terms, words and sentences of the law;
28.8.4.on deleting some words and sentences of the law;
28.8.5.on invalidating articles, paragraphs and sub-paragraphs;
28.8.6.if necessary, date to comply with the law.
28.9.Paragraphs in articles of the draft law on amendments are numbered with Arabic numerals with brackets on the right side /1/ etc./.
28.10.If a new article to be added to the law has an inseparable meaning from the article of the original text, it shall be numbered in the upper right corner with small Arabic numerals /Article 521, etc./.
Article 29.General requirements for content of the draft law
29.1.Content of the draft law shall meet the following common requirements:
29.1.1.to comply with the Constitution of Mongolia and international treaties of Mongolia, to be coherent with other laws, national security concepts, and long-term development policy of Mongolia;
/This sub-paragraph was amended by the law as of May 4, 2023/
29.1.2.to fully reflect issues related to social relations to be regulated by the respective law;
29.1.3.not to reflect issues beyond the scope of social relations to be regulated by the respective law;
29.1.4.not to include a provision on amending or revoking laws that do not apply to social relations to be regulated by the respective law;
29.1.5.articles, paragraphs and sub-paragraphs shall not be conflicted with each other;
29.1.6.it shall not be non-normative, declarative, or contain provisions for one-time implementation;
29.1.7.if necessary, cite the provisions of other laws without duplicating them, and in this case, the citation shall be made clear, as well as the name of the law and the officially published source shall be indicated in full;
29.1.8.to state social relations regulated by the respective law, the scope of the law, rights and obligations of individuals and legal entities participating in legal relations, principles adhered to in the regulation, circumstances to be taken into account, functions and competence of public legal entities, and procedures for fulfilling them.
/This sub-paragraph was amended by the law as of May 4, 2023/
29.1.9.if necessary, the type and amount of liability imposed on the person who violates legal norms, the effective date of the law, provisions on retroactive application of the law, regulation of procedures for compliance with the law, provisions for invalidating or deleting other articles and provisions of law;
/This sub-paragraph was invalidated by the law as of May 4, 2023/
29.1.10.If necessary, a supplementary law on adding and amending and revoking other laws has been drafted;
/This sub-paragraph was invalidated by the law as of May 4, 2023/
29.1.11.The draft law may have an article of purpose of the law, and the purpose shall reflect the fundamental rights of citizens, the main principles of strengthening, and results to be achieved.
/This sub-paragraph was invalidated by the law as of May 4, 2023/
29.2.If necessary, the draft law shall state a liability to be imposed on a person who violates the legal norms, the effective date of the law, provisions on the retroactive application of the law, regulation of the procedure for complying with the law, revoking other articles, paragraphs and sub-paragraphs of other laws, and deleting certain words, sentences, numbers and symbols.
/This paragraph was added by the law as of May 4, 2023/
29.3.If necessary, a draft law of a supplementary law on adding, amending or revoking other laws shall be prepared.
/This paragraph was added by the law as of May 4, 2023/
29.4.It is prohibited to submit primary or revised law drafts with law drafts other than those specified in paragraph 14.5 of this Law.
/This paragraph was added by the law as of May 4, 2023/
Article 30.General requirements for the grammar and composition of draft laws
30.1.The grammar and composition of the draft law shall meet the following general requirements:
30.1.1.to use terms used in the Constitution of Mongolia and other laws;
30.1.2.not to express different meanings with the same term;
30.1.3.write words unambiguously, concisely, clearly and easily to understand in accordance with Mongolian grammar rules;
30.1.4.not to use superlative adjectives;
30.1.5.use a noun in the singular.
30.2.At the National Legal Institute, there shall be a Legal Language Council (hereinafter referred to as the "Council") with the function of defining legal terms based on science, accustom them, and making recommendations on issues related to the terms. Members of the Council and a work procedure shall be approved by the member of the Government in charge of legal affairs.
/This paragraph was modified by the law as of May 4, 2023/
30.3.The Council may cooperate with the National Council for Language Policy stipulated in the Law on Mongolian Language and obtain clarifications when implementing the functions specified in paragraph 30.2 of this Law.
/This paragraph was modified by the law as of May 4, 2023/
30.4.Terms shall be explained in the draft law in the following cases:
30.4.1.if the term has multiple meanings;
30.4.2.if the term has a broad meaning and needs to be defined in detail;
30.4.3.if the newly created concepts or terms are not known to the public.
30.5.Foreign language terms can be used in the draft law in the following cases:
30.5.1.if the name for this term does not exist in the Mongolian language;
30.5.2.if this term is commonly used internationally;
30.5.3.if this term is used in international treaties of Mongolia.
30.6.If the term is used in the same meaning throughout the entire law, its definition shall be included in the chapter "General provisions" of the law. If there are several defined terms in the draft law, they shall be combined in the article entitled "Definitions of terms of the Law".
30.7.If the term is used in a certain context only within one chapter, article, paragraph or sub-paragraph, its definition and explanation can be placed in the relevant chapter, article, paragraph or sub-paragraph.
/This paragraph was modified by the law as of May 12, 2017/
30.8.In connection with the draft law, if a content of term specified in other laws need to be changed to follow the same term, the interpretation of the same meaning and application can be included in the regulation of the procedure for compliance with the law.
/This paragraph was added by the law as of May 4, 2023/
Article 31.Use of Abbreviations in draft laws
31.1.In cases where one concept or term that is repeated many times in a draft law is expressed in several words, abbreviations shall be used in order to use them in fewer words.
31.2.Abbreviations shall not be used in the following cases:
31.2.1.in the title of the law and the heading of chapter and articles;
31.2.2.if the word is not repeated many times;
31.2.3.if there is confusion with terms used in other laws.
Article 32.Use of Citations in draft laws
32.1.In order to prevent duplication and conflict of laws, and to make it easier to understand and apply, citations shall be used when re-mentioning matters that are already covered by another law or that law.
32.2.When citing from other laws in the law, it is prohibited to copy the relevant provisions in their original text.
Article 33.Introduction of draft law
33.1.A law initiator shall prepare a brief and detailed introduction to the draft law.
/This paragraph was amended by the law as of May 4, 2023/
33.2.The brief introduction to the draft law shall include the following information:
/This paragraph was amended by the law as of May 4, 2023/
33.2.1.about the general content of the draft law, relations to be regulated, and principled regulations included in the draft law;
/This sub-paragraph was modified by the law as of May 12, 2017/
33.2.2.the relations has been previously regulated by other laws and legal acts;
33.2.3.measures taken by the initiator of the law in connection with drafting of the law;
33.2.4.result of public discussion of the draft law;
33.2.5.conclusion of foreign experience and other research and analysis reports.
33.3.1.grounds and requirements for additions, amendments, revisions, deletion of words and sentences, and revocation, and;
33.3.2.about how to understand the content and regulation of the relations that is planned to be regulated;
33.3.3.origin of terms and concepts.
/This paragraph was added by the law as of May 4, 2023/
33.4.The detailed presentation of the draft law shall include the explanation specified in paragraph 33.3 of this Law in package by the chapter if it is a revised edition, by each article or each paragraph and sub-paragraph, if it is an amendment.
/This paragraph was added by the law as of May 4, 2023/
33.5.When interpretating the origin of the terms and concepts of the draft law specified in Article 33.3.3 of this Law, the definitions and norms specified in the relevant laws and in the international treaties ratified and entered by the laws of Mongolia may be followed.
/This paragraph was added by the law as of May 4, 2023/
33.6.When interpreting and applying the regulations of the law, the detailed introduction of the draft law, draft laws, and minutes of the sessions of the State Great Khural can be used, and these are not considered as the official interpretation of the law.
/This paragraph was added by the law as of May 4, 2023/
Article 34.Additional requirements for the draft law on ratification of international treaties
34.1.The draft law on the ratification of multilateral international treaties shall attach the officially verified Mongolian translation of the treaty.
/This paragraph was amended by the law as of May 4, 2023/
34.2.The translation of multilateral international treaties shall be executed by the state central administrative body in charge of the relevant matter regulating by the treaty, and the translation shall be reviewed and verified within the framework of the state central administrative bodies in charge of foreign affairs and legal affairs.
34.3.If a bilateral international treaty is concluded in the language of a foreign country based on the mutual agreement of the parties to the treaty, the requirements specified in paragraphs 34.1 and 34.2 of this Law shall apply in the same way to the draft law on the ratification of the respective treaty.
34.4.The obligations to translate, review and verify the translation of international treaties on loans and assistance from foreign countries, international organizations, foreign and international banks and financial institutions shall be performed by the state central administrative body in charge of the respective matters.
34.5.When ratifying an international treaty, if it is necessary to amend to the law of Mongolia or to adopt a new law, the draft laws shall be developed together.
CHAPTER FIVE
DEVELOPING AND SUBMITTING A DRAFT RESOLUTION OF THE STATE GREAT KHURAL
Article 35.Requirements for the original text of the draft resolution of the State Great Khural
35.1.The draft resolution of the State Great Khural of Mongolia /hereinafter referred to as "Resolution"/ shall meet the following requirements:
35.1.1.to be in conformity with the Constitution of Mongolia, and be coherent with other laws and the provisions of international treaties of Mongolia;
35.1.2.not to repeat the provisions of the law;
35.1.3.not to state norms of liabilities.
Article 36.Structure of the draft resolution
36.1.The draft resolution has the following structure:
36.1.1.title of the draft resolution;
36.1.2.noting section if necessary;
36.1.3.determining section;
36.1.4.if necessary, about the section on invalidation of the previously issued decision;
36.1.5.if necessary, the effective date of the resolution.
36.2.The title of the draft resolution consists of following parts:
36.2.1.the Head "Resolution of the State Great Khural of Mongolia";
36.2.2.the date or year, month and day of enactment /written in Arabic numerals/;
36.2.3.the name of the place /city/ where the resolution was enacted;
36.2.4.the name of the resolution. The name of the resolution begins with "on …".
36.3.In the noting section of the draft resolution, the grounds, requirements, or provisions of the law on which the resolution was issued are grounded.
36.4.In the determining section of the draft resolution, the issues to be decided by the resolution shall be formulated and written in a simple and understandable manner.
36.5.The main structural unit of the draft resolution shall be sub-paragraph, and if necessary, it shall be divided into clauses.
36.6.The resolution may have an annex, which shall be formulated in a provision as "... shall be approved as an annex.", or "… shall be approved as an annex No.1, 2, and 3, respectively."
36.7.In the upper right corner of the first page of the annex to the resolution, it shall be indicated that "Annex to Resolution No. ... of … year of the State Great Khural of Mongolia" or "Annex No. … to Resolution No. … of ... year of the State Great Khural of Mongolia".
36.8.The provisions of the draft resolution shall be numbered as follows:
36.8.1.Arabic numerals with a point on the right side of the provision /1.etc./;
36.8.2.the sub-provision within the provision is written in Arabic numerals with brackets on the right side /1/ etc./.
Article 37.Submitting the draft resolution
37.1.The law initiator shall submit the draft resolution according to the procedure specified in paragraph 41.1 of this Law.
37.2.The documents specified in paragraph 40.1 of this Law shall be attached to the draft resolution.
37.3.The documents to be attached to the draft resolution shall meet the general requirements for record keeping.
37.4.Paragraphs 37.1 and 37.2 of this Law shall not apply to paragraphs 6.2 and 6.3 of this Law.
CHAPTER SIX
PUBLIC DISCUSSION AND receivING A proposal ON DRAFT LEGISLATION
Article 38.Organizing discussion on the draft legislation
38.1.Unless otherwise provided by the law, the law initiator shall organize a public discussion before submitting the draft legislation to the State Great Khural, and the relevant materials thereto shall be documented and attached it to the composition of the draft legislation.
/This paragraph was amended by the law as of May 12, 2017/
38.2.The law initiator shall upload the draft legislation and the documents specified in sub-paragraphs 40.1.2 and 40.1.3 of this Law on the official website, and specify clearly the period for providing a proposal on the draft legislation.
/This paragraph was amended by the law as of May 12, 2017/
/This paragraph was modified by the law as of May 04, 2023/
38.3.Unless otherwise provided by law and international treaty of Mongolia, the period specified in paragraph 38.2 of this Law shall be at least 15 days. During this period, citizens and legal entities shall provide their proposal in writing, which shall be signed and verified by the relevant person.
/This paragraph was amended by the law as of May 12, 2017/
38.4.If the law initiator developed a legislation draft that affects the business environment, such as trade, investment, and taxation, the documents specified in the sub-paragraphs 40.1.2 and 40.1.3 of this Law shall be uploaded in their official website and the unified legal database for at least 60 days and a proposal from the public shall be received. A detailed introduction of the draft law shall be translated into English and uploaded along with it.
/This paragraph was added by the law as of May 4, 2023/
38.5.The law initiator shall take into consideration the proposals submitted in accordance with paragraph 38.3 of this Law.
/The numbering of this paragraph was amended by the law as of May 4, 2023/
38.6.The public discussion shall be held in the following form:
38.6.1.to receive a written proposal;
38.6.2.to organize meetings and discussions;
38.6.3.to conduct referendum;
38.6.4.to conduct discussions on public electronic networks;
38.6.5 other forms.
/The numbering of this paragraph was amended by the law as of May 4, 2023/
38.7.The law initiator shall prepare the table of contents of proposals reflected and non-reflected in the draft laws and upload it on the official website within 30 days from date of the end of the public discussion period.
/The numbering of this paragraph was amended by the law as of May 4, 2023/
38.8.For purposes of national security, a public discussion shall not be held on the part in connection with a matter classified as confidential by the law of the legislative draft being developed by the law initiator.
/The numbering of this paragraph was amended by the law as of May 4, 2023/
38.9.Unless otherwise provided by the law, the public discussion may not be held on the legislative draft specified in paragraph 12.2 of this Law.
/This paragraph was added by the law as of April 14, 2017, and amended by the law as of May 12, 2017/
/The numbering of this paragraph was amended by the law as of May 4, 2023/
Article 39.Obtaining a proposal from the state bodies
39.1.The law initiator shall obtain a proposal on the legislation draft from the organizations with function to implement and monitor of the respective legislative.
/This paragraph was amended by the law as of May 4, 2023/
39.2.The State central administrative body may submit a proposal to the law initiator upon obtaining and integrating the proposals from the affiliated and related professional organizations.
39.3.If an issue reflected in the legislative draft initiated by the Government belongs within the competence of a State body established by the State Great Khural, the proposal shall be obtained from this organization.
39.4.The proposal specified in paragraphs 39.1 and 39.3 of this Law shall be made in writing.
Chapter seven
SUBMISSION OF LEGISLATION DRAFT
Article 40.Composition of legislation draft
40.1.The following documents shall be attached to the legislation draft to be submitted to the State Great Khural:
40.1.1.an official letter form the law initiator to submit the legislation draft;
40.1.2.concept, brief and detailed introduction of the legislation draft, a report on conducting preliminary research of needs and demands of the legislation, or report on the assessment on outcomes of implementation of the legislation, report on the assessment of the impacts of the legislation draft, as well as the report on the estimation of the costs to be arisen in connection with the implementation of the legislation;
/This sub-paragraph was amended by the law as of May 12, 2017/
/This sub-paragraph was amended by the law as of May 4, 2023/
40.1.3.a supplementary legislation draft to be amended;
40.1.4.for the draft law on Ratification of International Treaties, a Mongolian language translation of international treaties verified and certified in accordance with the procedure specified in Article 34 of this Law;
/This sub-paragraph was amended by the law as of the May 4, 2023/
40.1.5.a proposal on cost estimation to be arisen in connection with implementation of the legislation and a proposal on measures to be taken if the legislation draft is enacted;
/This sub-paragraph was invalidated by the law as of May 5, 2017/
40.1.6.a proposal and conclusion of the Government regarding the legislation draft to be submitted by the President and/or the member of the State Great Khural;
40.1.7.regarding the legislation draft to be submitted by the Government, the written consent of the members of the Government in charge of finance, budget, foreign affairs and legal affairs in accordance with paragraphs 20.7-20.9 of this Law;
40.1.8.a recommendation of the member of the Government in charge of legal affairs in the case of the concept draft of the legislation draft is submitted to the member of the Government in charge of legal affairs in accordance with paragraph 15.2 of this Law;
/This sub-paragraph was modified by the law as of May 12, 2017/
40.1.9.electronic copies of the documents specified in sub-paragraphs 40.1.1-40.1.8 of this Law;
40.1.10.a table of the content of the proposals specified in paragraph 38.7 of this Law.
/This sub-paragraph was amended by the law as of May 4, 2023/
40.2.The documents specified in paragraph 40.1 of this Law shall meet the general requirements of official record management.
40.3.The implementation of the program and main directives specified in paragraph 46.1 of Law on the Rules of procedure of the plenary sessions of the State Great Khural, as well as the report specified in paragraph 47.2 of the same Law, shall meet the requirements specified in paragraph 40.2 of this Law.
/This paragraph was added by the law of May 12, 2017/
40.4.The procedure for creating, certifying and receiving the electronic copy of the legislation draft shall be approved by the member of the Government in charge of legal affairs.
/The numbering of this paragraph was amended by the law of May 12, 2017/
Article 41.Submitting a legislation draft to the State Great Khural
/This article was modified by the law as of May 12, 2017/
41.1.The law initiator shall submit the legislation draft to the Chairman of the State Great Khural.
41.2.The law initiator shall complete the composition of the legislation draft in accordance with Article 40 of this Law and submit the legislation draft to the General secretary of the Office of the State Great Khural prior to submitting it to the Chairman of the State Great Khural.
41.3.The General secretary of the office of the State Great Khural shall review the legislation draft whether it meets the requirements specified in paragraphs 40.1 and 40.2 of this Law within three working days, and take measures to meet the requirements, and if the requirements are not met within the same period, it shall be returned to the law initiator.
/This paragraph was amended by the law as of May 4, 2023/
41.5.The law initiator shall separately submit the draft laws specified in paragraphs 23.1 and 25.1 of this Law, the draft laws on amending the law on the structure and composition of the Government, and on amending on the Law on the mid-term budget framework statement together with their concepts.
/This paragraph was added by the law as of November 11, 2022/
CHAPTEr EIGht
CREATION OF LEGISLATION DATABASE, SYSTEMATIZATION, PUBLICATION OF LEGISLATION AND PUBLIC PROMOTION
/The title of this Chapter was amended by the law as of May 12, 2017/
/The title of this Chapter was amended by the law as of May 4, 2023/
Article 42.Official text of legislation
42.1.The copies of the legislation to be kept in the office of the State Great Khural which was officialized in accordance with the Law on the Rules of procedure of the plenary sessions of the State Great Khural of Mongolia shall be deemed as the official text of the legislation.
42.2.Documents created in the stage of the discussion of the composition of the legislation draft and the legislation draft by the plenary session and the session of the Standing Committee of the State Great Khural shall be kept at all times.
42.3.The procedure for creating a legislation archive unit shall be approved by the General secretary of the Office of the State Great Khural.
Article 43.Publication of Legislation
/The title of this Article was amended by the law as of May 12, 2017/
43.1.The legislation shall be published in the "State Information"(Turiin medeelel) bulletin by the Office of the State Great Khural.
/This paragraph was amended by the law as of May 12, 2017/
43.2.The law on Ratification of International Treaties of Mongolia shall be published in the "State Information" (Turiin medeelel) bulletin along with the ratified agreement.
/This paragraph was amended by the law as of May 12, 2017/
43.3.In the event that the legislation published in the "State Information" bulletin contradicts with the official text, the official text shall prevail.
/This paragraph was invalidated by the law as of May 12, 2017/
Article 44.Delivery of legislation
44.1.The Office of the State Great Khural shall organize the delivery of copies of the original text of the legislation to relevant State bodies.
44.2.The State body that receives the copy of the original text of the legislation shall create the legislation database.
44.3.The procedure for creating, classifying systematically, and maintaining personal profiles of legislation as specified in paragraph 44.2 of this Law shall be approved by the Member of the Government in charge of legal affairs.
Article 45.Creating the legislation database
45.1.The central state administrative body in charge of legal affairs shall be responsible for organizing the systematization of legislation and creating a unified database of valid legislation of Mongolia in paper and electronic form for the purpose of providing information and reference.
45.2.The Law on Ratification of International Treaties of Mongolia shall be included in the database specified in paragraph 45.1 of this Law together with the ratified agreement.
45.3.The National Legal Institute shall be responsible for uploading the electronic database of legislation specified in paragraph 45.1 of this Law to the unified legal database, and the procedure for creating and using the database shall be approved by the member of the Government in charge of legal affairs.
/This paragraph was modified by the law as of May 4, 2023/
Article 46.Promoting the legislation publicly
/The title of this paragraph was amended by the Law as of May 12, 2017/
46.1.The relevant Standing Committee of the State Great Khural may organize the public promotion of legislation in cooperation with the Secretariat office of the State Great Khural.
/This paragraph was amended by the law as of May 17, 2022/
46.2.The office of the President may be organized the works on promotion of the legislation initiated by the President publicly.
/This paragraph was amended by the law as of May 17, 2017/
46.3.The Government, the relevant state central administrative body, all levels of Citizens' Representatives' Khurals and Governors, and other organizations with duties to implement legislation shall organize works on promotion of the legislation publicly within the framework of the level of the respective sectors and territories.
/This paragraph was amended by the law as of May 12, 2017/
/This paragraph was amended by the law as of May 4, 2023/
Article 461.Making a translation of legislation
/This paragraph was added by the law as of May 4, 2023/
461.1.If it is required, the Government shall translate a legislation into English.
461.2.The cost of legislation translation shall be funded by the state budget or it may be funded by the other sources that are not prohibited by law.
461.3.The works to create database of legislation translation and upload them to the unified legal database shall be carried out by the state central administrative body in charge of legal affairs.
461.4.Translation of legislation stated in paragraph 38.4 of this Law shall be uploaded to the unified legal database within 90 days after adoption of the respective legislation.
CHAPTER NINE
COMMON PROCEDURE FOR ORGANIZING THE IMPLEMENTATION OF LEGISLATION
Article 47.Common measures for organizing the implementation of legislation
47.1.The Cabinet Secretariat of Government shall open a monitoring personal file, and submit it to the member of Government in charge of respective matters immediately after receiving the legislation adopted by the State Great Khural.
Article 48.Issuing an act of which enforcement is binding by the public as specifically authorized by the law
/This article was invalidated by the law as of May 12, 2017/
48.1.Unless it is authorized specifically by the law, it shall be prohibited to issue a legal act of which enforcement is binding by the public.
48.2.A legal act of which enforcement is binding by the public that is not conformity with the law or that exceed the rights granted by the law, shall not be adhered to.
48.3.Unless otherwise stipulated by law, the person who is authorized according to the law to issue a legal act of which enforcement is binding by the public shall be prohibited to transfer its right to another person.
CHAPTER TEN
ASSESSMENT ON OUTCOMES OF LEGISLATION IMPLEMENTATION
/The title of this chapter was amended by the law as of May 4, 2023/
Article 49.An organization to be conducted assessment on the outcomes of the legislation implementation
/This paragraph was modified by the law as of May 4, 2023/
49.1.The assessment on the outcomes of the legislation implementation to be conducted by the State Great Khural shall be implemented jointly by the relevant standing committee of State Great Khural and Office of State Great Khural.
49.2.The assessment on the outcomes of the legislation implementation to be conducted by the Government shall be implemented by the relevant state central administrative body.
49.3.The assessment on the outcomes of the implementation of the legislation stated in the sub-paragraph 15.7.1 of this Law shall be implemented by the National Legal Institute /hereinafter referred to as the "Institute"/.
49.4.The external organization may conduct the assessment on the outcomes of the legislation implementation or cooperate in conducting the assessment.
49.5.A member of the Government in charge of legal affairs shall approve the rules of activity of the Institute.
49.6.The Institute may conduct the assessment on the implementation outcomes of the legislation other than those specified in the sub-paragraph 15.7.1 of this Law and research stated in the sub-paragraphs 12.1.2, 12.1.3, and 12.1.4 of this Law based on the contract under the order.
49.7.The measures to implement the recommendation of the assessment on the implementation outcomes of the legislation shall be organized by the respective state central administrative body.
Article 50.Monitoring of implementation of legislation
/This article was invalidated by the law as of May 4, 2023/
50.1.The monitoring of the implementation of legislation shall be carried out under the following field:
50.1.1.to define a level of fulfilment of the purpose of legislation;
50.1.2.to determine achievement of the results that was defined in the concept of legislation.
/This paragraph was invalidated by the law as of May 4, 2023/
50.2.Monitoring of implementation of legislation shall be conducted in accordance with methodology stated in sub-paragraph 12.1.5 of this Law.
/This paragraph was invalidated by the law as of May 4, 2023/
Article 51.An assessment of implementation outcomes of legislation
51.1.When amending, revising, or developing a set of law drafts into the effectively existing law, the reality of its implementation shall be analyzed, the arising difficulties and burdens, the positive and negative impacts on society shall be detected, and the possible options to implement the legislation appropriately and effectively in the future shall be defined.
/This paragraph was modified by the law as of May 4, 2023/
51.2.The assessment of outcomes of implementation of legislation shall be carried out in accordance with the methodology specified in sub-paragraph 12.1.6 of this Law.
51.3.Unless otherwise specified in this Law, the assessment of outcomes of implementation of legislation shall be carried out every 5 years after the entry into force of the relevant legislation, and it may be carried out before the abovementioned period if it is required.
/This paragraph was added by the law as of May 12, 2017/
51.4.Depending on the specifics and problems of relations to be regulated by the legislation, when assessing the outcomes of the implementation of legislation, the assessment can be done in entire legislation or some of its articles, paragraphs, and sub-paragraphs may be selected to be assessed.
/This paragraph was added by the law as of May 4, 2023/
Article 52.Discussing the assessment results of the outcomes of the implementation of legislation
/This article was modified by the law as of May 4, 2023/
52.1.The assessment results of outcomes of implementation of legislation shall be regularly discussed by the State Great Khural and the Government once per annum, and measures shall be taken to intensify the implementation of legislation, make amendments to it, conform legislation between each other, systematically codify them, and develop legislation draft newly.
52.2.When discussing and adopting a legislation draft, the State Great Khural may, if necessary, by taking into account of the importance and the specifics of regulation of the respective legislation, assign a duty with time limit to the Government with the purpose to assess the outcomes of the implementation of the legislation, and present the results thereto.
CHAPTER ELEVEN
MISCELLANEOUS
Article 53.Entry into force of this Law
53.1.This Law shall enter into force on January 1, 2017.
/This paragraph was amended by the law as of February 4, 2016/
THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA ENKHBOLD.Z
