(2023.07.20-ны өдрийн орчуулга)                                                  Unofficial translation

LAW OF MONGOLIA

January 01, 2016                                                                                      Ulaanbaatar city

on legal status of the mongolian red cross society

/Revised edition/

chapter one
general provisions

Article 1.Purpose of law

1.1.The purpose of this Law is to define the legal status of the Mongolian red cross society and to regulate relations related to define its powers, structure of organization, purpose of activity and functions, to provide support to the Mongolian red cross society from the state and local government organizations, to provide its independence, to use and protect the name, symbol and emblem of the red cross.

Article 2.Legislation on legal status of the Mongolian red cross society

2.1.The legislation on Legal status of the Mongolian red cross society shall be comprised of the Constitution of Mongolia, the Law on Government of Mongolia, the Law on Disaster Protection, the Law on Donor, this Law and other legislative acts enacted in conformity with these laws.

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

Article 3.Definitions of the terms of the Law

3.1.Terms used in this Law shall be understood as following:

3.1.1."movement" shall mean the international Red cross and Red crescent movements;

3.1.2."fundamental principles of the movement" shall mean the fundamental principles of the international Red cross and Red crescent movements as humanity, impartiality, neutrality, independence, voluntary service, unity and universality;

3.1.3.Geneva conventions shall mean the Geneva convention for the amelioration of the condition of the wounded and sick in armed forces in the field, the Geneva convention for the amelioration of the condition of wounded, sick and shipwrecked members of armed forces at sea, the Geneva convention relative to the treatment of prisoners of war and the Geneva convention relative to the protection of civilian persons in time of war, adopted on August 12, 1949;

3.1.4.Additional protocols shall mean the protocols additional to the Geneva conventions, relating to the protection of victims of international armed conflict and adopted on June 8, 1977;

3.1.5. "Statutes of the Movement" means the statuses of International Red Cross and Red Crescent Movement adopted in Geneva in 1986 by the Conference of the International Federation of Red Cross and Red Crescent Societies and amended in 1995;

3.1.6."Constitution of the Federation" means the Constitution of the International Federation of Red cross and Red crescent societies, renewed by the General Assembly of the International Federation of Red Cross and Red Crescent Societies, held in Geneva, Switzerland, from November 20 to 22, 2007.

chapter two
legal status of the mongolian red cross society

Article 4.Specifications of the Mongolian red cross society to be established

4.1.In accordance with the responsibility of the Government of Mongolia in front of the international community in the field of humanitarian activities, in accordance with the rules and basic principles of the movement, only one National red cross society shall be established in Mongolia.

4.2.Exclusive rights of movement shall be exercised by only the Mongolian red cross society.

Article 5.Description of the Mongolian red cross society

5.1.The Mongolian red cross society is a non-profit, tax-exempt national humanitarian organization that operates on a voluntary basis and is based on the principle of self-governance in order to provide additional support to the humanitarian activities of the state for the implementation of the statutes and basic principles of the movement, the Geneva Convention and its additional protocols.

5.2.The Mongolian red cross society shall operate in accordance with the Geneva Convention and its additional protocols, the Legislation of Mongolia, and the basic principles of the movement.

5.3.The Mongolian red cross society shall be a publicly-owned legal entity with branch units operating in the aimags and districts of Mongolia with the objectives specified in Article 6.1 of this Law.

5.4.The Mongolian red cross society shall carry out its activities in accordance with the statutes approved by its National assembly, and the issues related to the internal organization of the society shall be regulated by the statutes of the Mongolian red cross society and the movement.

Article 6.Purpose and functions of the Mongolian Red Cross Society

6.1.The purpose of the Mongolian red cross society shall be to provide medical, social, and psychological assistance to the population in times of armed conflicts and public disasters, as well as to prevent people from suffering and alleviate the suffering, based on the principle of justice to protect people regardless of their nationality, citizenship, race, language, skin color, age, sexual orientation, social origin, gender, wealth, occupation, religion, political affiliation, education, to protect life and health, to provide support and help to ensure humanitarianism, to promote understanding, friendship, and cooperation between people, and to contribute to the strengthening of peace.

6.2.In order to fulfill the purpose specified in Article 6.1 of this Law, the following functions, defined in the statutes of the Mongolian red cross society, International treaties to which Mongolia is a party, and the resolution of the international conference of the international Red cross and Red crescent movement shall be implemented as follows:

6.2.1.to provide assistance to victims of armed conflicts, prepare to   conduct operations in accordance with the Geneva conventions in               peacetime, and be ready to conduct any operations on behalf of civilians and military victims affected by armed conflicts;

6.2.2.to organize activities to promote the health of the population, contribute to the prevention of diseases and relief of suffering;

6.2.3.to prevent and ensure preparedness for disasters and sudden  accidents, to reduce risks, to organize rehabilitation activities, to provide               emergency aid to the victims, and to educate the population on measures               to be taken in the event of a disaster;

6.2.4.to support voluntary activities, to provide welfare services to the most vulnerable groups affected by armed conflicts, disasters, and other              violence, to work as an additional force for the state to improve livelihoods              and quality of life;

6.2.5.to promote movement activities among children and youth and support their participation in every way;

6.2.6.to recruit, train and appoint personnel capable of performing their duties;

6.2.7.to respect, promote and ensure the implementation of international humanitarian law at the national level, to cooperate with government organizations on the protection of the Red cross, Red crescent, and other symbols protected by international humanitarian law;

6.2.8.to promote international humanitarian law and the basic principles of the movement to organizations, business entities and citizens;

6.2.9.to organize and promote the movement of voluntary donors at the national level;

6.2.10.to support the restoration of family ties.

6.3.The Mongolian red cross society will undertake the following activities related to its objective and functions:

6.3.1.to engage in activities to promote the health of the population /to conduct training and advertising, to expand the movement of voluntary blood donation, to contribute to the creation of safe blood and blood product reserves at the national level, to prevent common diseases, and to support the reduction of morbidity and mortality/;

6.3.2.to assist in the prevention, preparation, and reducing risk for natural disasters, to reduce risk, and to provide emergency assistance and rehabilitation services to the victims;

6.3.3.to provide first aid and social psychological support without discrimination in case of disaster, accident, armed conflict, or public disaster;

6.3.4.to provide welfare services to vulnerable groups of society based on social participation;

6.3.5.to promote humanitarian movements among children and youth and increase their participation.

6.4.The activities of the Mongolian red cross society shall be open and transparent to the public.

Article 7.Fundamental Principles of the activities of the Mongolian red cross society

7.1.The activities of the Mongolian Red Cross Society shall follow the fundamental principles of the movement and activities of the Mongolian state.

Article 8.Independence of the Mongolian red cross and sources of funding

8.1.The Mongolian red cross society shall work in accordance with the principles of self-governance in accordance with the statutes of the national association and movement, the constitution of the federation, the Geneva convention and its additional protocols, and conduct its activities throughout the entire territory of Mongolia.

8.2.The Mongolian red cross society shall follow the fundamental principles of the movement in its activities, and the state organization shall respect those principles.

8.3.According to the resolution 55 /1/ adopted by the United Nations on November 19, 1946 on the issue of the National Red cross and Red Crescent society, the state organization shall recognize the principal nature of the Red cross society to be independent and voluntary.

8.4.It shall be prohibited for state and non-governmental organizations, business entities, and their officials as well as citizens to interfere with the independence and humanitarian activities of the Mongolian red cross society.

8.5.The state and local government organizations shall provide full support and assistance to the activities of the Mongolian red cross society.

8.6.The Mongolian red cross shall have the following sources of funding:

8.6.1.support from the state and local budget;

8.6.2.donations and assistance from domestic and foreign organizations, business entities, and citizens;

8.6.3.taxes and donations of members of the Mongolian red cross society;

8.6.4.other income.

8.7.The Mongolian red cross society shall have the right to purchase, own, use and dispose of any property in accordance with the law in the implementation of its objective and functions.

Article 9.Ethics of member and employee of the Mongolian red cross society

9.1.The ethical standards to be observed by members and employees of the Mongolian Red cross society shall be governed by the relevant norms of international law, this Law, and the statutes of the Mongolian red cross society.

Article 10.Support to be provided by the state and local government organization in the activities of the Mongolian red cross society

10.1.In accordance with the functions stated in Article 6.2 of this Law, the Government shall include in the national and local budgets the expenses related to assisting the victims of war, providing emergency aid and rehabilitation services to the victims of armed conflicts, public disasters, dangerous events, and accidents, prevention and preparation training, implementation of other humanitarian measures, information and publicity in the framework of the Geneva convention, and finance these works by signing contract with the Mongolian red cross society every year.

/This paragraph was amended by the Law of February 02, 2017/

10.2.State and local government organizations shall organize meetings at least once a year on issues related to the objective and functions of the Mongolian red cross society and cooperate with the Mongolian red cross society.

10.3.The contract to be concluded between the Mongolian red cross society and the Government and local administrative organizations shall include the implementation of the activities specified in Article 6.3 of this Law.

Chapter three
Right to use the Red Cross name, symbol and emblem

Article 11.Right to use the "Red cross" symbol

11.1.Only the Mongolian red cross society shall have the right to use the "Red cross" symbol in the territory of Mongolia.

11.2.According to international recognition, a red cross with four sides of equal length on a white background is the symbol of humanitarian action.

11.3.The Mongolian red cross society shall have the right to use the red cross identification mark as its symbol in the territory of Mongolia in accordance with the procedure approved by the authorized organization of the movement.

11.4.Only the Mongolian red cross society shall have the right to use the Red cross symbol on its flag in the territory of Mongolia.

Article 12.To use symbol of movement

12.1.The Red cross symbol shall be used for humanitarian purposes, and it shall be used as a distinguishing mark and protective mark.

12.2.The Mongolian red cross society shall use the "Red cross" symbol to protect the persons in need of assistance and aid providers in accordance with the Geneva Conventions and its additional protocols, and to provide humanitarian assistance to the injured, sick, captives, victims of disasters, dangerous events, and accidents during the war, international and non-international armed conflicts, and public disasters.

/This paragraph was amended by the Law of February 02, 2017/

12.3.The Mongolian red cross society will use the "Red cross" symbol as a distinguishing mark when carrying out activities that comply with the basic principles of movement during disasters, dangerous situations, and accidents.

/This paragraph was amended by the Law of February 02, 2017/

12.4.The Mongolian Red cross society and its affiliated organizations will place the "Red cross" symbol on buildings and vehicles where they are located or where they are conducting humanitarian activities.

12.5.The governing body of the Mongolian red cross society may issue permission for the use of the Red cross logo on medical institutions and their vehicles providing free medical care and services to the injured and sick during peaceful time.

Article 13.To use of the name and emblem of the Mongolian red cross society

13.1.The emblem of the Mongolian red cross society has a circular frame, the central part has a red cross on a white background, the upper part of the frame has a blue background symbolizing the eternal sky, and the lower part has four white letters as "MRCS" in the color of the national flag of Mongolia.

13.2.The center and local organizations of the Mongolian red cross society put the emblem of the Mongolian red cross society and the symbol of the Red cross on a white background, as well as the four letters "MRCS" as a guarantee sign of donations and relief goods sent on behalf of the society by international and domestic organizations, business entities and citizens.

13.3.In order to support the humanitarian activities of the Mongolian red cross society, organizations and business entities may use the emblem of the Mongolian red cross society and the red cross symbol in accordance with the permission granted by the governing body of the Mongolian red cross society.

Article 14.Prohibition of use the name and emblem of the Red Cross

14.1.It shall be prohibited to use of Red cross name, emblem, or symbol except as stated in the 1949 Geneva convention and the laws of Mongolia.

chapter four
MISCELLANEOUS

15.1.Any person, organization or legal entity that violates this Law shall be charged with the liability specified in the relevant legislation.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA EKHBOLD.Z