(2023.07.10-ны өдрийн орчуулга)                                                     Unofficial translation

LAW OF MONGOLIA

July 2, 2021                                                     Ulaanbaatar city

ON CULTURE

/Revised edition/

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the law 

1.1.The purpose of this Law is to define the state policy and principles on culture, and to regulate the relations concerning conducting cultural activities, its management, organization, rights and responsibilities of stakeholders, and identifying the economic basis.

Article 2.Legislation on culture

2.1.The legislation on culture shall be comprised of the Constitution of Mongolia, the Civil Code, 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 terms of this Law

3.1.The terms used in this Law shall have the following meanings:

3.1.1."cultural valuable/value" means a tangible or intangible expression with a cultural content that can represent a particular part of history or time, or originated as a result of the human mind and actions;

3.1.2."cultural organization" means a legal entity conducting cultural activities in accordance with the procedures set forth in this Law;

3.1.3."cultural worker" means a citizen, community or group of persons engaged in cultural activities;

3.1.4."cultural product" means economic value-added tangible and intangible items containing cultural valuables and related services;

3.1.5."cultural services" means services that contain cultural expressions for the purpose of satisfying cultural needs of the people, regardless of their commercial value; 

3.1.6."cultural and creative industries" means the process of creating value-added products and services based on technology, innovation and intellectual property as a result of creative thinking, talents and skills of the people;

3.1.7."art, publications, and educational programs" means feature films, television drama, television series, entertainment program, concert, documentary and animation, and any work that introduces geography, history, culture, traditions, literature, customs, and cultural heritage as well as other types of journalism works;

3.1.8."national program" means all types of works in which one of the writers, directors or producers of a program broadcast through television, radio or cable television is a Mongolian citizen, or at least one third of the members of the filming, recording and reporting team are Mongolian citizens.

Article 4.State policy on culture

4.1.The state shall implement the following policy on culture:

 4.1.1.to keep cultural heritage under special attention and patronage of the state;

4.1.2.to strengthen the unified national values by cherishing and passing on national values such as mother language, script, national history, culture, heritage, traditions and customs;

4.1.3.to respect, protect and promote diversity of cultural expressions;

4.1.4.to develop Mongolians with cultural immunity by creating conditions for studying, inheriting and transmitting cultural values;

4.1.5.to create a favorable environment for the creation of cultural values, increase the contribution of culture to economic and social development, and ensure the independence and financial stability of cultural organizations;

4.1.6.to increase the role of culture in the development of individual creative development, talents and skills, promote cultural education activities, and educate citizens;

4.1.7.to strengthen inter-sectoral cooperation and partnerships, and implement them through joint activities of the state, legal entities and citizens;

4.1.8.to support cultural activities and cultural creative producers through investment, credit, tax policy and other forms;

4.1.9.to openly promote cultural values internationally.

Article 5.Basic principles to be followed in cultural policy and activities

5.1.The following basic principles shall be followed in cultural policy and activities:

5.1.1.to be consistent with core national interests;

5.1.2.to be integrated, coherent, and based on public participation;

5.1.3.to maintain the continuity of state policy;

5.1.4.to be based on research and analysis, advanced technology and innovation;

5.1.5.to be transparent and open;

5.1.6.to be equal and accessible;

5.1.7.to freely choose the direction and form of cultural activity without interference.

CHAPTER TWO

CULTURAL ACTIVITIES AND CONDUCTING THEM

Article 6.Cultural activities

6.1.Cultural activities shall consist of all activities related to the creation, study, safeguarding, dissemination and development of cultural values.

6.2.Cultural activities shall be based on public participation.

Article 7.Participating in cultural activities and conducting cultural activities

7.1.Citizens shall freely participate in cultural services and activities and conduct cultural activities, except in cases prohibited by law.

7.2.A cultural organization may be established on the basis of any form of ownership.

7.3.Cultural organizations shall be established in accordance with the Civil Code, the Law on State and Local Property, the Law on State Registration of Legal Entities and other relevant laws.

7.4.The founder shall determine the direction and scope of activities of the cultural organization.

7.5.An international organization shall conduct cultural activities in the territory of Mongolia after establishing branches and representative offices and in accordance with the legislation of Mongolia.

7.6.A national cultural organization shall be determined considering its operational capacity and conditions. The Government shall approve the criteria and relevant procedures for considering as the national cultural organization.

7.7.A national cultural organization shall be a specialized organization that provides professional and methodological support to cultural organizations within the scope of its activities, regardless of the form of its ownership.

7.8.A national cultural organization shall carry out cultural and research activities in accordance with the Law on Science and Technology and may have a research unit and laboratory.

7.9.The establishment of a Mongolian cultural center abroad and a foreign cultural center in Mongolia shall be decided within the framework of an intergovernmental agreement.

Article 8.Directions of cultural activities with special state support

8.1.Measures to identify and protect the area and territory that preserve the characteristics of nomadic civilizations coherent with the nature and traditional way of life shall be implemented.

8.2.The Government shall approve procedures for creating favorable conditions for the protection of traditional way of life in the memorials of nomadic civilizations, establishing order other than those stipulated in the law, and providing support to traditional entrepreneurs.

8.3.The honor and image of a historical figure, who is a symbol of the spiritual unity of Mongolian people, shall be respected and protected, and the relevant procedure shall be approved by the Government.

8.4.Nationwide organization of events knowing the one's ancestry and recording genealogy that respect national heritage, traditions, family culture and upbringing customs, shall be supported.

8.5.Cultural heritage, which is an expression of the unique style of Mongolian culture, traditional knowledge and thinking, shall be protected and certified.

8.6.Talent, skills and creative activities of children and youth shall be rewarded, and cultural education activities shall be promoted.

8.7.Measures shall be taken to prevent, restore and protect cultural valuables from endangerment.

Article 9.Areas of cultural activities

9.1.Cultural activities shall be conducted in the following areas:

9.1.1.activities related to the protection of cultural heritage;

9.1.2.museum activities;

9.1.3.activities related to library services;

9.1.4.activities related to creation and distribution of books and literary works;

9.1.5.activities related to creation, production and distribution of musical artworks;

9.1.6.activities related to the creation, performance and distribution of performing artworks;

9.1.7.activities related to creation and distribution of works of fine arts, fine-art photography, handicrafts and applied arts;

9.1.8.activities related to the creation and distribution of cinematographic and audio-visual works;

9.1.9.activities related to creation and distribution of electronic artworks with cultural content and relations based on the internet and digital technology; 

9.1.10.activities related to creation of design and architectural works;

9.1.11.activities related to organizing cultural and art events, performances and festivals;

9.1.12.activities related to cultural education;

9.1.13.activities of cultural studies.

9.2.Relations concerning the protection of cultural heritage shall be regulated in detail by the Law on Protection of Cultural Heritage.

9.3.Relations concerning museum activities shall be regulated in detail by the Law on Museums.

9.4.Relations concerning library activities shall be regulated in detail by the Law on Library.

9.5.Relations concerning cinematography shall be regulated in detail by the Law on Promotion of Cinematography.

Article 10.Cultural studies activities

10.1.Cultural studies activities shall be aimed at recognizing, preserving, and creating cultural valuables with scientific basis, and applying and disseminating research results.

10.2.The state shall support and develop cultural studies activities.

10.3.The state policy and measures on culture shall be based on the results of cultural studies activities.

10.4.An organization to conduct baseline study on development strategy, planning and policy of the cultural sector and provide research information shall be established under the state central administrative body in charge of cultural affairs.

Article 11.Cultural education activities

11.1.Cultural education shall be aimed at enlightening, discovering and developing talents and skills, cultivating patriotism, and acquiring the skills and abilities to respect, honor, and protect national cultural values.

11.2.Children shall have the right to receive cultural education according to their wishes and interests, and parents, guardians and custodians shall be obliged to provide cultural education in accordance with the wishes and interests of children.

11.3.The principle of providing cultural education through formal and informal forms of education shall be adhered to.

11.4.Actions and plans to support the provision of cultural education shall be approved by the Government and shall include the following issues:

 11.4.1.to improve culture education of citizens;

11.4.2.to specialize cultural education teachers;

11.4.3.to train and develop the professional skills of cultural workers;

11.4.4.to conduct research and analysis of cultural education;

11.4.5.to define the curriculum and content of cultural education;

 11.4.6.to support the activities of cultural education institutions;

11.4.7.to renovate the buildings and facilities, of state-owned educational institutions for cultural education as well as their operation, protection, maintenance, service, machinery and equipment;

 11.4.8.other issues to promote cultural education.

11.5.The Cabinet members in charge of education and culture shall jointly approve the list of artworks to be studied by students in educational institutions and the procedures related to their study.

11.6.Cultural organization shall develop and implement cultural education programs and actions within the scope of their activities.

11.7.Measures shall be taken to provide state and local secondary schools and kindergartens with learning environment, tools, equipment, human resources, textbooks and teaching aids related to the provision of cultural education as reflected in the curriculum and content.

Article 12.Registration of cultural valuables

12.1.The state administrative body in charge of cultural affairs shall be responsible for creating, maintaining and using national registry and database of cultural values.

12.2.The Cabinet member in charge of cultural affairs shall approve the procedure for creating, maintaining and using national registry and database of cultural values.

12.3.The national registry and database of cultural values shall consist of a dedicated database for each area of cultural activities specified in Article 9 of this Law, and the activities of the dedicated database shall be regulated by the relevant law and the procedure set forth in paragraph 12.2 of this Law.

12.4.Cultural values related to Mongolian history and culture in foreign countries may be registered in the national registry and database.             

Article 13.Appraisal of cultural valuables

13.1.Cultural valuables shall be appraised in accordance with the procedures set forth in the Law on Property Appraisal.

CHAPTER THREE

RIGHTS AND RESPONSIBILITIES OF CITIZENS AND CULTURAL WORKERS AND PARTICIPATION OF BUSINESS ENTITIES, ORGANIZATIONS AND THE PUBLIC

Article 14.Citizens' rights and responsibilities on culture

14.1.Mongolian citizens, foreign citizens and stateless persons shall have the following rights regarding culture:

14.1.1.to freely choose their lifestyle and cultural activities based on their talents, skills, traditional knowledge and beliefs;

14.1.2.to get acquainted with cultural valuables, to benefit from the achievements of mankind and national civilization and cultural activities;

14.1.3.to freely choose the theme, type, method, discipline and direction of artwork, create works and to protect the secrets to their skills;

14.1.4.to create cultural valuables, conduct cultural activities and benefit from them;

14.1.5.to conduct and participate in cultural activities abroad, except those prohibited by the legislation of Mongolia and that country;

14.1.6.to inherit and develop the native language, script, national history, culture, heritage, customs and values;

14.1.7.to participate and cooperate in the activities of cultural organizations;

14.1.8.to establish and join non-governmental organizations for the purpose of conducting cultural activities and protecting their rights and legitimate interests.

14.2. Citizens of Mongolia shall have the following responsibilities regarding culture:

14.2.1.to protect the native language, script, national history, culture, heritage, customs and values and pass them on to future generations;

14.2.2.to respect the diversity of cultural expressions and to protect cultural values;

14.2.3.to respect and prosper culture and upbringing traditions of family, to know one's ancestry and to maintain genealogy;

14.2.4.to protect cultural values from illegal infringement.

14.3.Foreign citizens and stateless persons shall have obligations specified in sub-paragraphs 14.2.2 and 14.2.4 of this Law.

Article 15.Rights and responsibilities of cultural workers

15.1.Cultural workers shall have the following rights:

15.1.1.to be provided with conditions and opportunities for conducting cultural activities within the framework of legislation;

15.1.2.to provide advice, support and make demands to governmental and non-governmental organizations, their management and citizens on issues related to their cultural activities;

15.1.3.to participate in cultural and art festivals, competitions and contests;

15.1.4.to become a member of a professional non-governmental organization;

15.1.5.to have their works valuated realistically, to receive appropriate awards, prizes and discounts;

15.1.6.to improve their knowledge, education and skills independently and with the support of an organization, and to participate in retraining;

15.1.7.to receive archive and library services for free of charge when creating works of art;

15.1.8.to be provided with necessary conditions and improve their professional skills for the exercise of their official duties;

15.1.9.to protect their intellectual property and copyright, and receive support and assistance from the competent authorities.

15.2.Cultural workers shall have the following responsibilities:

 15.2.1.to comply with professional ethical standards;

15.2.2.to be active in protecting the native language, script, national history, culture, heritage, customs and values, and passing them on to future generations;

15.2.3.to fulfill the obligations under the procedures and agreements of the participating cultural events;

15.2.4.to accommodate training and promotion in providing cultural services, enlightening citizens and providing cultural education within the scope of its activities;

15.2.5.to engage in research work;

15.2.6.to provide quality cultural services at a professional level;

15.2.7.to support and cooperate with business entities and organizations in engaging in creative cultural production.

Article 16.Participation of business entities and organizations in supporting cultural activities

16.1.Business entities and organizations shall be involved in supporting cultural activities as follows:

16.1.1.to respect the diversity of cultural expressions and to preserve and protect cultural valuables;

16.1.2.to organize measures to develop artistic sense, talents and skills of employees and provide cultural education, and to reflect the required funds in the annual budget and plan;

16.1.3.to provide cultural services and establish and operate a unit for cultural activities in order to meet the intellectual and cultural needs of employees;

16.1.4.to invest and make donations for the purpose of supporting cultural activities;

16.1.5.to create and develop an environment with production, service culture, aesthetics and design.

16.2.Business entities and organizations shall follow the principle of purchasing local cultural products and services in the first place.

Article 17.Participation of non-governmental organizations in supporting cultural activities

17.1.A professional non-governmental organization may carry out the following activities to support cultural activities:

17.1.1.to conduct public monitoring on the enforcement of cultural legislation, demand to eliminate the detected violations, and address to the competent authority for resolution;

17.1.2.to organize activities to protect, preserve and disseminate diversity of cultural expressions and national cultural valuables;

17.1.3.to organize cultural education activities individually or in cooperation with other organizations.

17.2.The proposals of a non-profit collective management organization for the purpose of exercising the exclusive right to use and protect cultural valuables may be taken into account in drafting of sectoral legislation, and its activities can be supported.

Article 18.Rights, duties and management of cultural organizations

18.1.Cultural organizations shall have the following common rights and responsibilities:

18.1.1.to freely choose the direction and type of activities other than those prohibited by law and carry out its activities;

18.1.2.to participate in domestic and foreign projects and programs, and cooperate in professional fields with other organizations;

18.1.3.to conduct cultural activities within the framework of legislation at a level of professional skills and service standards;

18.1.4.to utilize funds of budget, project and donation efficiently in accordance with their dedicated purpose;

18.1.5.to improve the skills and professionalism of cultural workers and ensure their social security;

18.1.6.to ensure that the dedicated buildings, facilities, techniques and equipment meet the requirements of hygiene and standards, and create safe working conditions in conformity with to the specifics of the work of cultural workers;

18.1.7.to comply with the standards of cultural activities;

18.1.8.to prepare information on its activities and statistics and deliver them to relevant organizations.

18.2.The Cabinet member in charge of cultural affairs shall appoint and dismiss the management of cultural departments of aimags and the capital city in consultation with the governors of aimags and the capital city.

18.3.The Cabinet member in charge of cultural affairs shall appoint and dismiss the management of state-owned cultural organization, Aimag and capital city governors shall appoint and dismiss the management of aimag and capital city cultural organizations in discussion with the state central administrative body in charge of cultural affairs, and Soum and district governors shall appoint and dismiss the soum and district cultural organizations in consultation with aimag and capital city cultural departments, respectively.

18.4.The management of a cultural organization other than those specified in paragraph 18.3 of this Law shall be appointed and dismissed by the founder.

18.5.State and locally-owned cultural organization may have public council, including representatives from professional associations and citizens. The Cabinet member in charge of cultural affairs shall approve the standard procedure of the public council.

CHAPTER FOUR

POWERS OF STATE BODIES ON CULTURAL ACTIVITIES

Article 19.Management system of cultural activities

19.1.The management system for cultural activities shall consist of the Government, the state central administrative body in charge of cultural affairs, the state administrative body in charge of cultural affairs, local administrative and local self-governing bodies, and management of cultural organizations.

Article 20.Powers of the Government of Mongolia

20.1.The Government of Mongolia shall exercise the following powers on cultural activities:

20.1.1.to enforce the implementation of cultural legislation;

20.1.2.to present a report on cultural status to the State Great Khural every two years;

20.1.3.to establish and develop a cultural complex and organize its activities;

20.1.4.to establish a children's cultural and art complex and support children's artworks;

20.1.5.to approve programs, actions and plans of cultural activities;

20.1.6.to define and establish national pride;

20.1.7.other powers specified in law.

Article 21.Powers of the state central administrative body in charge of cultural affairs

21.1.State central administrative body in charge of cultural affairs shall exercise the following powers on cultural activities:

21.1.1.to organize nationwide work to ensure the implementation of the cultural legislation and Government decisions;

21.1.2.to approve and implement rules and procedures governing cultural activities within the powers granted by the Law;

21.1.3.to support commissioned research, analysis and introducing innovation in the field of cultural activities;

21.1.4.to formulate and approve requirements for cultural buildings, facilities, technique, equipment and service environment;

21.1.5.to resolve issues on financing of cultural organizations in accordance with relevant legislation;

21.1.6.to take organizational measures to establish and operate an optimal system and structure of state and locally-owned cultural organizations;

21.1.7.to develop foreign relations and international cooperation of culture, and to organize activities to promote cultural valuables;

21.1.8.to support the training of human resources in the cultural sector and the provision of professional labor force to cultural organizations;

21.1.9.to resolve issues of ensuring social security of cultural workers in cooperation with relevant organizations;

21.1.10.to promote cultural studies;

21.1.11.to organize cultural education events;

21.1.12.to plan projects to be implemented by the public and private partnership as stated in the Law on the Public and Private Partnership in the cultural sector,  to make a proposal on the projects to the relevant organizations, to monitor the implementation of the agreement on the public and private partnership;

/This sub-paragraph was added by the law as of December 9, 2022 and it shall enter into force on December 31, 2023/

21.1.13.other powers specified in law.

/The numbering of this sub-paragraph was amended by the law as of December 9, 2022 and it shall enter into force on December 31, 2023/

Article 22.Powers of the state administrative body in charge of cultural affairs

22.1.State administrative body in charge of cultural affairs shall exercise the following powers on cultural activities:

 22.1.1.to organize the implementation of cultural legislation at the national level;

22.1.2.to take measures to prohibit cultural activities that promote war, aggression, violence and pornography;

22.1.3.to compile and analyze cultural statistics;

22.1.4.to coordinate the preservation and protection of cultural valuables, and to support and develop national culture and design traditions;

22.1.5.to provide professional and methodological support in the preservation and protection of historical and cultural artifacts and in showing them in domestic and international exhibitions, and monitor them;

22.1.6.to ensure the implementation of projects, programs and activities to be implemented in the cultural sector;

22.1.7.to cooperate with professional associations, public and private organizations of culture and arts, and to provide support and assistance to them;

22.1.8.other powers specified in law.

Article 23.Powers of Citizens' Representatives Khurals of aimag, soum, capital city and district

/The title of this article was amended by the law as of April 22, 2022/

23.1.Citizens' Representatives Khurals of aimag, soum, capital city and district shall exercise the following powers on cultural activities:

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

23.1.1.to approve and ensure the implementation of programs to provide cultural education to the population of the respective territories and to support local cultural products, production and services;

23.1.2.to evaluate the implementation of cultural objectives in the territory, and to determine and monitor the development perspectives;

23.1.3.to support all aspects of creation of artworks.

Article 24.Powers of the Governors of aimag, soum, capital city and district

/The title of this article was amended by the law as of April 22, 2022/

24.1.The Governors of aimag, soum, capital city and district shall exercise the following powers on cultural activities.

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

24.1.1.to organize the creation, enrichment, development and promotion of cultural products, production and brands with local features;

24.1.2.to develop human resources of locally-owned cultural organizations and improve the utilization of buildings and facilities.

Article 25.Functions of aimag and capital city cultural departments, soum and district cultural centers and cultural palaces

25.1.Aimag and capital city cultural departments shall implement the following functions to support cultural activities:

25.1.1.to implement measures aimed at developing culture and arts, and accommodating the cultural needs of the citizens in accordance with cultural legislation;

25.1.2.to take measures to coordinate the activities of cultural organizations, to finance from the state as specified in legislation, to provide them with support and assistance, and to ensure the social security of their employees;

25.1.3.to organize the implementation of objectives regarding culture set forth in the Government Action Plan in cooperation with the state central administrative body in charge of cultural affairs;

25.1.4.to provide professional and methodological management and monitor the activities of cultural organizations in the respective jurisdiction;

25.1.5.to compile cultural statistics and reports of cultural organizations and consolidate them to deliver to relevant organizations.

25.2.Soum and district cultural centers and cultural palaces shall be a primary cultural education institutions and cultural and information centers with functions to facilitate conditions for local citizens to conduct cultural activities, create artworks, and benefit from cultural achievements as well as to promote local natural, historical and cultural values and to provide library services.

25.3.The Cabinet member in charge of cultural affairs shall approve the standard rules of operation of soum and district cultural centers and cultural palaces.

25.4.The organization specified in paragraph 25.2 of this Law shall carry out its activities solely or in cooperation with other entities, organizations, citizens and representatives of the public.

CHAPTER FIVE

PARTNERSHIP AND COOPERATION IN CULTURAL SECTOR

Article 26. Cultural sector partnership

26.1.Partnerships in cultural sector shall cover all forms aimed at supporting and developing cultural activities and increasing cultural products and services, include intellectual creative activities, finance, science, technology, and human resources, and promote effective cooperation between governmental and non-governmental organizations, the private sector, and citizens.

26.2.Within the framework of public-private partnership, the State shall encourage domestic and foreign investors to invest in cultural creative production, developments of cultural sector and projects or programs that are socially significant or cannot be implemented by the private sector solely and require state support.

26.3.The list of projects and programs specified in paragraph 26.2 of this Law shall be approved by the Government.

26.4.​Some works and services in the cultural sector may be performed by professional non-governmental and private organizations. The Cabinet member in charge of cultural affairs shall approve the general requirements, criteria and relevant procedures for such organizations.

26.5.Relations in connection with implementation of the public-private partnership projects in the cultural sector shall be regulated by the Law on the Public and Private Partnership.

/This paragraph was added by the law as of December 9, 2022 and it shall enter into force on December 31, 2023/

Article 27.International cooperation

27.1.International cooperation shall be supported and developed in the following areas:

27.1.1.to cooperate with foreign countries in tracing, analyzing, preserving and protecting cultural heritage related to Mongolian history and culture;

27.1.2.to bring copies of cultural valuables related to Mongolian history and culture;

27.1.3.to retrieve illegally exported cultural heritage;

27.1.4.to promote Mongolian history and culture abroad;

27.1.5.to restore tangible cultural heritage;

27.1.6.to co-create and exchange artworks;

27.1.7.to train and specialize cultural workers;

27.1.8.to introduce new technology, innovation and equipment in cultural activities;

27.1.9.to mutually exchange teaching methods and curriculum for cultural education.

27.2.Relevant state organization shall operate within the scope of its authority in accordance with the direction specified in paragraph 27.1 of this Law.

Article 28.Participation of Mongolian citizens living abroad in cultural activities

28.1.The Cabinet members in charge of foreign affairs, finance, budget and culture and education shall jointly approve and implement programs, projects and actions aimed at introducing native language, literacy, script, national history, culture, heritage, customs, and cultural valuables to Mongolian citizens living abroad.

28.2.Governmental and non-governmental organizations and cultural organizations shall support Mongolian citizens who are internationally recognized and engaged in cultural activities abroad to conduct cultural activities and co-create artworks in their home country.

28.3.Relevant state organizations may provide organizational, financial and other support to Mongolian citizens and legal entities to conduct cultural activities abroad.

Article 29.Participation of citizens in promoting cultural activities internationally

29.1.For the purpose of promoting Mongolian cultural valuables and cultural activities and attract international aid, a citizen internationally recognized for arts, sports, science and other fields may be appointed as a cultural envoy for a period of two years.

29.2.The Government shall approve the rules of operation of cultural envoys.

Article 30.Development of cultural environment and space

30.1.Cultural environment and space shall be established and developed to represent and express history, culture, art or cultural valuables in aimags, soums, the capital city and districts.

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

30.2.Aimag, soum, the capital city and district Citizens' Representatives Khurals, governors of all levels, business entities and organizations shall perform the functions of establishing and developing cultural environment and space specified in paragraph 30.1 of this Law. Citizens and legal entities shall initiate the establishment of cultural environment and space and present it to the respective level Governor for decision.

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

30.3.Citizens 'Representatives' Khural of aimag and capital city shall determine the cultural environment and space with local features, reflect it in the partial general plan of cities and settlements and approve them.

30.4.Separate or complex buildings and facilities with historical, art and ​​artistic value or ​​has a unique design and preserved national style, their certain components, monuments, majestic decorative sculptures, and paintings shall be preserved and protected. ​

30.5.The list of buildings, facilities, monuments and artworks specified in paragraph 30.4 of this Law shall be approved by the Cabinet member in charge of cultural affairs based on proposal of the Governor and assessment of research organization.

CHAPTER SIX

CULTURAL ECONOMY AND INDUSTRIES

Article 31.Property

31.1.Relations concerning property of cultural organizations shall be regulated by the Civil Code and the Law on State and Local Property.

31.2.State and locally-owned buildings, facilities and land used for cultural purposes shall be prohibited to be used or possessed for other purposes contrary to the main functions of the organization.

Article 32.Financing of cultural activities

32.1.The system of financing cultural activities shall be aimed at providing equal, accessible and quality cultural services to citizens.

32.2.Budget for cultural activities shall consist of state and local budget, Government special funds, donations from domestic and foreign business entities and organizations, paid services of cultural organizations, revenue from domestic and foreign cultural events, own operating income and other sources not prohibited by law.

32.3.Expenses of cultural activities shall be approved as an independent program in state and local budget.

32.4.It shall prohibited to reduce the state budget funds of state-owned cultural organizations by the amount of their operating income and donations from organizations and citizens, and to use budget funds for cultural activities for other purposes.

32.5.Non-profit cultural organizations other than state-owned cultural organizations may receive financial support from the state on the basis of specific projects, and the relevant procedure shall be approved by the Government.

32.6.Procedure for providing tax rebate and exemption for donations and investments made by citizens and legal entities for the purpose of supporting cultural activities and protecting cultural heritage shall be established according to the relevant law.

32.7.The best works of music, fine arts and literature shall be purchased to the state fund. The Government shall approve the procedure for selection, purchase, preservation and use of the best works.

32.8.The state shall provide financial support to national and classical artworks and works for children, and the relevant procedure shall be approved by the Government.

32.9.The state shall support participation of cultural workers in international cultural and art festivals and competitions, and monetary prize shall be granted to outstanding cultural workers, and the relevant procedure shall be approved by the Government.

32.10.Citizens, business entities and organizations may sponsor cultural activities, projects and events.

32.11.Special purpose technique, equipment, raw materials and reagents that are not manufactured domestically but required for conducting cultural activities for the public benefit shall receive tax rebate and exemption.

32.12.Prize income from cultural events shall be exempted from tax.

32.13.Tax rebate and exemption specified in paragraphs 32.11 and 32.12 of this Law shall be regulated in accordance with relevant legislation.

Article 33.Cultural workers remuneration and social security

33.1.The Government shall approve plans and actions to support human resource development in the cultural sector.

33.2.Cultural workers shall engage in cultural activities and receive a salary and additional remuneration set by the founder.

33.3.Cultural workers shall be awarded professional qualifications and additional remuneration for the qualification, and the relevant procedure shall be approved by the Government.

33.4.The founder shall include in the budget of the organization the financing for additional remuneration of professional qualification.

33.5.Cultural workers shall receive salary, additional remuneration, compensation, bonus and other benefits provided by law in accordance with the nature of work and professional characteristics.

33.6.Additional remuneration and social security of employees of state and locally-owned cultural organizations shall be regulated by the Law on Labor and the Law on the Civil Service.

33.7.The founder shall be responsible for the social security of employees of cultural organization other than those specified in paragraph 33.6 of this Law.

33.8.If a cultural worker loses professional work ability early due to nature of the work, the State shall cover the cost of studies at a local university, long, medium and short-term specialization training upon request of the worker.

33.9.Depending on the specifics of the territory and its remoteness from the center, a cultural worker of a locally-owned cultural organization shall be paid a cash benefit equal to six months' basic salary once every 5 years from the state budget through the organization of employment.

Article 34.Cultural and creative industries and services

34.1.The Government shall approve the priority directions of cultural and creative industries for state support.

34.2.Prioritization of cultural and creative industries shall be based on the principles of creating and exporting advanced technology and innovation-based competitive products and services that contain national heritage, customs and cultural features, optimal allocation of resources, and increasing the efficiency of state support.

34.3.The state shall provide the following support for cultural and creative industries:

34.3.1.to implement measures to support cultural and creative industries;

34.3.2.to establish a system to attract investment and support for cultural and creative industries;

34.3.3.to provide financial support for innovative products and production;

34.3.4.to support the implementation of international projects and programs for the development of cultural and creative industries;

34.3.5.to improve the method and form of production, distribution and allocation of cultural events and cultural goods and services, and facilitate conditions for their inclusive use.

34.4.The Government shall approve the actions to support cultural and creative industries.

34.5.State and locally-owned cultural organizations may conduct trade and services in accordance with the Law on Budget.

Article 35.Merchandise agreement

35.1.Pursuant to Article 3381 of the Civil Code, under a merchandising agreement an owner or, with his or her consent, a holder shall grant the right to produce and sell products by the design of cultural valuables to a producer or seller and the latter shall undertake to conduct activities and pay owners from sales revenue for the use of cultural valuables from sales revenue.

35.2.Merchandise shall be protected by copyright, trademark, and product design rights.

35.3.The Cabinet member in charge of cultural affairs shall authorize the production and sales of products in the following designs:

35.3.1.cultural valuables, artworks and tangible cultural heritage possessed by state-owned cultural organizations;

35.3.2.exhibits kept in state-owned museums;

35.3.3.immovable historical and cultural monuments.

35.4.The Governor of the respective level shall authorize the production and sales of products with the design of locally-owned cultural valuables and artworks other than those specified in paragraph 35.3 of this Law.

35.5.The Cabinet member in charge of the respective sector shall authorize the production and sales of products with the design of cultural valuables and artworks, that are possessed by state-owned organizations, other than those specified in paragraph 35.3 of this Law.

35.6.Unless otherwise specified in the law or agreement, a merchandise agreement shall be concluded in writing in accordance with the Civil Code and shall reflect the following:

35.6.1.detailed description of the size, design, color and material of the merchandising items;

35.6.2.quantity of products to be produced and sold in accordance with the merchandising agreement;

35.6.3.information on sellers and sales point of manufactured products;

35.6.4.the form and conditions of financing required for the production and sales of merchandising items;

35.6.5.production, sales and quality assurance of merchandising items in accordance with the agreement;

35.6.6.amount and terms of usage fees;

35.6.7.procedure for extending the term of the merchandising agreement, transferring the rights and obligations of the agreement, making amendments, relations between the merchandising agreement and other related agreements, contingency or force majeure, non-performance, grounds for termination and expiry of the agreement as well as dispute resolution;

35.6.8.others agreed upon by the parties.

Article36.Payments and discounts for cultural products and services

36.1.State and locally-owned cultural organizations shall set the fees for products and services in consultation with the founder.

36.2.Cultural organizations other than those specified in paragraph 36.1 of this Law shall independently set the fees for their products and services.

36.3.State and locally-owned cultural organizations shall support the interest of children, elderly, conscripts and persons with disabilities to participate in cultural activities, and the procedure for granting discounts shall be approved by the Cabinet member in charge of cultural affairs.

CHAPTER SEVEN

PERMITS, MONITORING AND RESTRICTIONS ON CULTURAL ACTIVITIES

Article 37.Conditions and requirements for cultural activities

37.1.Cultural activities shall be conducted in accordance with the conditions and requirements specified in the legislation.

37.2.Standards for services, buildings, facilities and environment of cultural organizations shall be developed, approved and enforced in accordance with the Law on Standardization, Technical Regulation and Accreditation of Conformity Assessment.

37.3.Buildings, facilities, halls and areas for cultural services shall meet the standards, hygiene, the needs of children, people with disabilities and elderly as well as technical requirements.

37.4.It shall be prohibited to change the dedicated purpose of state and locally-owned buildings, facilities and areas that provide cultural services. In case of privatization or demolition of such buildings, facilities and areas for new construction, the purpose shall be maintained.

37.5.Aimag, soum, capital city and district governors may organize activities to provide cultural services to citizens using private buildings and facilities dedicated for cultural activities.

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

37.6.The Cabinet member in charge of cultural affairs shall approve the methodology for evaluating the operation of soum and district cultural centers and cultural palace.

37.7.The activities and services of state and locally-owned cultural organizations shall be open to all and provide an opportunity to get acquainted with cultural valuables, except in cases prohibited by law.

37.8.Cultural organizations shall establish list and conditions of activities and services in a unified manner and provide citizens with full access to information.

37.9.Measures shall be taken to accommodate services of cultural organizations in transportable and mobile forms, and to provide the necessary equipment, materials, tools, software and environment for people with disabilities to receive cultural services same as others.

Article 38.Permits

38.1.Cultural worker mediation activities shall be conducted after receiving a permit specified in the sub-paragraph 6.10 of Article 8.2 of the Law on Permits.  

/This paragraph was modified by the law as of January 6, 2023/

38.2.Mediation of cultural valuables shall be carried out in accordance with the Civil Code and the Law on Intellectual Property.

/This paragraph was invalidated by the law as of January 6, 2023/

38.3.Citizens and legal entities with relevant permit shall engage in cultural workers' mediation of participation and nomination of cultural workers in international cultural activities, to connect them with entities to make deals on behalf of their interests, and to perform management functions of cultural workers.

38.4.Issuance, extension, suspension, restoration, and revocation of the permit engaging in cultural worker mediation activities shall be regulated by the Law on Permits.

/This paragraph was modified by the law as of January 6, 2023/

38.5.In addition to the documents specified in the relevant Law on Permits, the applicant for a permit to engage in cultural worker mediation activities shall attach to the application the documents proving his/her knowledge on law, economics, and management if the applicant is a citizen, if the applicant is a legal entity, such documents on the governing, decision making and directly interacting person with the cultural worker, as well as the statement from the government stating that the person has not been involved in a crime involving economic, human health or violence.

38.6.Mediator of cultural workers shall enter into a written agreement with each person.

38.7.In case of change of shareholders, executive management or manager of a legal entity engaged in mediation of cultural workers, the permit issuing authority shall be notified in advance.

38.8.Mediator of cultural workers shall not send artists to work in conditions that could adversely affect their health, life or safety, and the mediating place of employment shall be examined in advance.

38.9.Mediator of cultural workers shall be prohibited to send children to work in an environment where alcohol is sold or served.

38.10.An applicant for a permit to conduct mediation activities of cultural workers shall pay a fee in accordance with sub-paragraph 221.1.6 of the Law on State Stamp Duties.

Article 39.Monitoring and restrictions on cultural activities

39.1.Cultural activities shall be supervised by state central administrative body in charge of cultural affairs and a state supervisory inspector for culture.

/This paragraph was amended by the law as of November 11, 2022/

39.2.Aimag and district specialized inspection agencies shall have state inspectors for culture.

/This paragraph was invalidated by the law as of November 11, 2022/

39.3.It shall be prohibited for state and other organizations, political parties, coalitions, associations, and their officials to interfere or exert pressure in conducting cultural activities not prohibited by law.

39.4.Discrimination against unique expressions of ethnic cultural valuables shall be prohibited.

39.5.It shall be prohibited to conduct cultural activities that may endanger the sovereignty and national security of Mongolia or that promote war, violence and pornography.

39.6.It shall be prohibited to disclose the artists' original ideas and secrets to their skills without consent.

39.7.At least 60 percent of the total content of art, publication and educational programs and at least 70 percent of children's art, publication, and educational programs being broadcasted on public radio and television shall be national programs.

39.8.At least 50 percent of the total content of art, publication and educational programs, and at least 60 percent of the total content of children's art, publication and educational programs being broadcasted on broadcast television, radio and cable channels registered in Mongolia, except for public television, shall be national programs.

39.9.The share of national films in the monthly distribution of movies in theaters and entertainment venues, and the share of national movies and programs in the programs of art, publication and educational video library in the Internet Protocol-Based Television /IP TV/ shall not be less than 40 percent.

39.10.It shall be prohibited for a minor to participate in foreign cultural activities without the permission of parents, guardians or custodians and without obtaining relevant insurance.

39.11.The Citizens' Representatives Khural of the aimag and capital city shall take the opinion of the Cabinet member in charge of cultural affairs and professional associations in making decisions on establishing a monument complex, cultural organization, and defining and protecting cultural valuables.

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

CHAPTER EIGHT

MISCELLANEOUS

Article 40.Liabilities for violators of the Legislation on Culture

40.1.If actions of an official violating this Law is not of a criminal nature, he/she shall be subject to liability specified in the Law on Labor, the Law on Civil Service and Law on Violations.

40.2.If actions of a person or legal entity violating this Law is not of a criminal nature, liability specified in the Law on Violations shall be imposed on them.

Article 41.Entry into force of the Law

41.1.This Law shall enter into force on January 1, 2022.

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