(2023.07.27-ны өдрийн орчуулга)                                                     Unofficial translation

LAW OF MONGOLIA

May 15, 2014                                                                                         Ulaanbaatar city

ON THE PROTECTION OF CULTURAL HERITAGE

/Revised edition/

chapter one
general provisions

Article 1.Purpose of this Law

1.1.The purpose of this Law is to regulate relations concerning the search, registration, research, classification, evaluation, preservation, protection, restoration, recreation, transmission, inheritance, ownership, possession, use and promotion of cultural heritage.

Article 2.Legislation on the protection of cultural heritage

2.1.The legislation on the protection of cultural heritage shall consist of the Constitution of Mongolia, the Law on Culture, the Law on Specially Protected Areas, this Law, and other legislative acts issued in compliance with these laws.

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

Article 3.Definitions of terms of this Law

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

3.1.1."cultural heritage" shall mean the heritage of importance and value for nature, society, history, culture, art and science that represents any part of a certain historical space and time period;

3.1.2."tangible cultural heritage" shall mean the physically existing memorial that represents a certain historical space and time period;

3.1.3."immovable historical and cultural memorial" shall mean the individually or complexly existing memorial of which importance and value are expressed with the original surrounding environment;

/This sub-paragraph was amended by the law as of July 2, 2021/

3.1.4."movable historical and cultural memorial object" shall mean the memorial that is capable of being relocated within a certain space;

3.1.5."intangible cultural heritage" shall mean the customs, representations, expressions, traditional knowledge and methods, as well as the associated artifacts, instruments, art work and cultural spaces that communities, groups, and individuals recognize as part of their cultural heritage;

3.1.6."cultural heritage memorial site" shall mean the cultural space and landscape where tangible and intangible cultural heritage are interrelated with the natural environment and traditional livelihood;

3.1.7."historical and cultural memorial site" shall mean the site and its subsoil with an immovable historical and cultural memorial, as stated in Article 5 of this Law;

3.1.8."bearer of intangible cultural heritage" shall mean the communities, groups, and individuals that have inherited and possessed intangible cultural heritage with competence and skill; and are sharing it publicly and transmitting to the next generations;

3.1.9."apprenticeship training" shall mean the training method which bearers of intangible cultural heritage use to teach and transmit a certain knowledge, technique and skill to students personally.

CHAPTER TWO

СATEGORIZATION AND CLASSIFICATION OF CULTURAL HERITAGE

Article 4.Categorization of cultural heritage

4.1.Cultural heritage comprises both the tangible and intangible.

4.2.Tangible cultural heritage is comprised of immovable historical and cultural memorials and movable memorial objects.

4.3.Immovable historical and cultural memorials may exist singly or in complex.

/This paragraph was invalidated by the law as of July 2, 2021/

Article 5.Immovable historical and cultural memorials

5.1.The following tangible cultural heritage shall be considered immovable historical and cultural memorials irrespective of ownership:

5.1.1.sites of ancient fauna and flora findings;

/This sub-paragraph was amended by the law as of July 2, 2021/

5.1.2.relic-bearing strata of habitation of ancient people;

5.1.3.sites of the Stone Age;

5.1.4.petroglyphs;

5.1.5.burial grounds, barrows, graves and worshipping constructions;

5.1.6.remains of ancient cities, settlements, monasteries, temples, and historical memorial building, architectural memorials;

/This sub-paragraph was amended by the law as of July 2, 2021/

5.1.7.monuments;

5.1.8.ancient sites of processing of mineral extraction, crop farming, and associated stone memorials;

5.1.9.sacred sites;

5.1.10.memorial sites of historical events;

5.1.11.other immovable historical and cultural memorials.

Article 6.Movable historical and cultural memorial objects

6.1.The following tangible cultural heritage shall be considered movable historical and cultural memorial objects, irrespective of ownership:

6.1.1.rare minerals;

6.1.2.rare findings of gemstones;

6.1.3.meteorites;

6.1.4.collections of rare and endangered flora, and taxidermy;

6.1.5.findings of ancient fauna and flora;

6.1.6.archaeological findings;

6.1.7.ethnic clothes and accessories;

6.1.8.traditional household equipment and work tools;

6.1.9.traditional ethnic musical instruments and artifacts;

6.1.10.traditional games and toys;

6.1.11.artifacts associated with traditional religion and faith;

6.1.12.written memorial objects;

6.1.13.audiovisual documents;

6.1.14.all types of fine art and associated artifacts;

6.1.15.traditional Mongolian medical diagnostic and therapeutic tools and associated artifacts;

6.1.16.gers, dwellings and associated artifacts;

6.1.17.other movable historical and cultural memorial objects.

/This sub-paragraph was amended by the law as of July 2, 2021/

6.2.The issues concerning the protection of natural heritage, except those stated in sub-paragraphs 5.1.1, 6.1.1-6.1.3 of this Law, shall be regulated by other relevant laws.

/This paragraph was amended by the law as of July 2, 2021/

Article 7.Intangible cultural heritage

7.1.The following cultural heritage shall be considered intangible cultural heritage:

7.1.1.mother language, script, and its cultural sphere;

7.1.2.oral literature traditions, and its expressions;

7.1.3.performing arts;

7.1.4.making and playing traditional musical instruments and its methods of noting melodies;

7.1.5.traditional craftsmanship schools and methods;

7.1.6.folk customs and rituals;

7.1.7.traditional folk knowledge and techniques;

7.1.8.tradition of folk well-wishing;

7.1.9.national festivals, traditional games and associated rituals;

7.1.10.traditional folk technology;

7.1.11.tradition of recording a family tree;

7.1.12.best tradition of ger school as form of apprentice training.

7.1.13.customs, rituals of the traditional religion and faith;

7.1.14.traditional names of land and water;

7.1.15.other intangible cultural heritage.

Article 8.Classification of cultural heritage

8.1.Immovable historical and cultural memorials shall be classified by protection status as under protection of the state, aimags, the Capital city, soums and districts by taking into account their integrity of the original appearance, historical, cultural and scientific value and importance.

/This paragraph was modified by the law as of July 2, 2021/

8.2.Movable historical and cultural memorial objects shall be classified as the exceptionally valuable or the valuable by taking into account their integrity of the original appearance, historical, cultural and scientific value and importance.

/This paragraph was modified by the law as of July 2, 2021/

8.3.The classification of the exceptionally valuable and the valuable historical and cultural memorial objects shall be defined by the following criteria:

/This paragraph was invalidated by the law as of July 2, 2021/

8.3.1.importance and value for history, culture, art, aesthetics and science;

8.3.2.associated time period;

8.3.3.unique and inimitable qualities;

8.3.4.design, workmanship and school of creativity;

8.3.5.percentage of precious metal content and size of gemstone(s).

8.4.Intangible cultural heritage shall be inscribed on the National Representative List and the List of Intangible Cultural Heritage in Need of Urgent Safeguarding, for protection, by taking into account of importance and value for history, culture, art, aesthetics and science.

/This paragraph was modified by the law as of July 2, 2021/

8.5.The intangible cultural heritage to be inscribed on the Lists referred to in Article 8.4 of this Law, shall be defined by the following criteria:

 /This paragraph was invalidated by the law as of July 2, 2021/

8.5.1.forms of expressions of history, culture, custom and tradition;

8.5.2.in grave threat of destruction or endangered or at risk.

8.6.Procedure on nomination and processing of immovable historical and cultural memorials under the state protection classification, procedure on nomination and processing of movable historical and cultural memorial objects for the classification of exceptionally valuable memorial objects, and procedure on registration of intangible cultural heritage in the National Representative List and the List of Intangible Cultural Heritage in Need of Urgent Safeguarding, for protection, shall be approved by the Government.

/This paragraph was added by the law as of July 2, 2021/

8.7.The procedure on nomination and processing of immovable historical and cultural memorials under the protection classification of aimags and Capital city, and the procedure on nomination and processing of movable historical and cultural memorial objects for the classification of valuable memorial objects shall be approved by the Cabinet member in charge of cultural affairs.

/This paragraph was added by the law as of July 2, 2021/

8.8.The classifications specified in paragraphs 8.1 and 8.2 of this Law shall be determined by the principle of promotion and shall not be determined in duplicate.

/This paragraph was added by the law as of July 2, 2021/

Article 9.Evaluation of tangible cultural heritage

/This paragraph was amended by the law as of July 2, 2021/

9.1.The procedure to conduct the evaluation of publicly owned tangible cultural heritage shall be jointly approved by Cabinet members in charge of financial, budgetary and cultural affairs.

/This paragraph was modified by the law as of January 29, 2021/

9.2.The evaluation of publicly owned tangible cultural heritage shall be made by the Professional Council for classification and evaluation of historical and cultural memorial objects under the state central administrative body in charge of cultural affairs.

/This paragraph was invalidated by the law as of July 2, 2021/

9.3.The evaluation of privately owned tangible cultural heritage may be made at the request of the owner, in accordance with paragraph 9.1 of this Law.

/This paragraph was modified by the law as of January 29, 2021/

Article 10.Insurance of tangible cultural heritage

10.1.Movable historical and cultural memorial objects, which are temporarily exported from the territory of Mongolia, for purposes of exhibition, restoration and research, must be insured.

10.2.The tangible cultural heritage may be insured in other circumstances not stated in paragraph 10.1 of this Law.

CHAPTER THREE

THE POWERS OF STATE AND LOCAL SELF-GOVERNING BODIES CONCERNING CULTURAL HERITAGE

Article 11.Powers of the President of Mongolia

11.1.The President of Mongolia shall have the following powers concerning the protection of cultural heritage:

11.1.1.to issue directives for the relevant bodies to implement tasks related to research on, protection of and information on the burial grounds, tombs, surroundings of memorials and findings of the Great Chinggis Khaan as well as Mongolian Kings and Queens;

11.1.2.to appoint and empower the accredited representative of Mongolia to claim, the illegally trafficked cultural heritage, from foreign countries, citizens, business entities and organizations;

11.1.3.to announce the cultural heritage which can be protected under the auspices of the President, as well as to decide for sacred mountains and waters to be state worshipped properties.

11.1.4.other powers stated in the law.

Article 12.Powers of the State Great Khural

12.1.The State Great Khural shall have the following powers concerning the protection of cultural heritage:

12.1.1.to define state policy concerning the protection of cultural heritage;

/This sub-paragraph was modified by the law as of July 2, 2021/

12.1.2.to monitor the Government activities associated with the implementation of the legislation concerning the protection and use of cultural heritage;

12.1.3.to take cultural heritage memorial sites under the state special protection and delineate their boundaries, by the Government submission;

12.1.4.to approve the amount of investment from the state budget for protection of cultural heritage;

12.1.5.other powers stated in the law.

Article 13.Powers of the Government

13.1.The Government shall have the following powers concerning the protection of cultural heritage:

13.1.1.to organize the implementation of the state policy and legislation concerning the protection of cultural heritage;

13.1.2.to approve and implement the national programs concerning the protection of cultural heritage;

/This sub-paragraph was invalidated by the law as of December 17, 2021/

13.1.3.to approve the rules, staff, and structure of the protection administration of the World Cultural Heritage Sites and National Cultural Heritage Memorial Sites, based on proposals by the state central administrative body in charge of cultural affairs;

13.1.4.to make agreements and develop cooperation with foreign states that preserve cultural heritage, which is of importance for the history of the Mongolian nations with the same origin as well as common characteristic expressions, in order to protect such heritage;

13.1.5.to monitor the implementation, and organize campaigns for the recovery of tangible cultural heritage illegally removed from the territory of Mongolia, as well as issue directives for the relevant organizations;

13.1.6.to approve the procedures on carrying out an inventory and inspection of the cultural heritage, as well as for the temporary export of exceptionally valuable historical and cultural memorial objects respectively;

13.1.7.to approve the List of Immovable Historical and Cultural Memorials under Protection of the State;

/This sub-paragraph was modified by the law as of July 2, 2021/

13.1.8.to approve the List of Exceptionally valuable Historical and Cultural Memorial Objects;

/This sub-paragraph was modified by the law as of July 2, 2021/

13.1.9.to approve the National World Heritage Committee's structure and function procedure;

13.1.10.to approve the procedure on reproductions of cultural heritage and taking photographs and making recordings;

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

13.1.11.to approve the procedure to incentivize citizens, business entities and organizations which have been involved in the protection of cultural heritage with active enthusiasm;

13.1.12.to delineate, change, and terminate the protection zones of immovable historical and cultural memorials and memorial sites;

/This sub-paragraph was modified by the law as of July 2, 2021/

13.1.13.to allocate funds in the state annual budget for the activities to promote, transmit, preserve and protect the cultural properties inscribed on the World Heritage List and submit nomination proposals of cultural heritage for the World Heritage List;

/This sub-paragraph was invalidated by the law as of July 2, 2021/

13.1.14.based on the proposal of the state central administrative body in charge of cultural affairs, to approve the National Representative List and the List of Intangible Cultural Heritage in Need of Urgent Safeguarding, for protection, as well as the National list of bearers of intangible cultural heritage, respectively;

/This sub-paragraph was added by the law as of July 2, 2021/

13.1.15.other powers stated in the law.

/The numbering of this sub-paragraph was amended by the law as of July 2, 2021/

Article 14.Powers of the state central administrative body in charge of cultural affairs

14.1.The state central administrative body in charge of cultural affairs shall have the following powers concerning the protection of cultural heritage:

14.1.1.to approve and provide the implementation of instructions, procedures and rules concerning the implementation of the legislation to protect cultural heritage;

14.1.2.to conduct the state inspection and inventory of cultural heritage, in accordance with the date defined by the law, and report the outcome to the Government;

/This sub-paragraph was invalidated by the law as of July 21, 2016/

14.1.3.to organize activities to nominate cultural heritage to be inscribed on the World Heritage List as well as take measures to preserve and protect the inscribed properties;

/This sub-paragraph was invalidated by the law as of July 21, 2016/

14.1.4.to approve the procedure to identify and register bearers of intangible cultural  heritage, as well as the procedure to search for and research intangible cultural heritage;

14.1.5.to approve the List of immovable historical and cultural memorials under Protection of the aimags and the Capital city;

/This sub-paragraph was modified by the law as of July 2, 2021/

14.1.6.to approve the List of valuable historical and cultural memorial objects;

14.1.7.to monitor the activities of business entities and enterprises with the licenses to reproduce and make product designs for supply to the market;

/This sub-paragraph was invalidated by the law as of July 21, 2016/

14.1.8.to monitor, receive reports on and conduct registration of tangible cultural heritage to be sold at auctions;

/This sub-paragraph was invalidated by the law as of July 21, 2016/

14.1.9.to create conditions to register and preserve publicly owned cultural heritage by professional staff;

/This sub-paragraph was invalidated by the law as of July 21, 2016/

14.1.10.to develop measures to restore and emergency safeguard cultural heritage in grave threat of damage, breakage or destruction, as well as organize the implementation of tasks using finance from state and local budgets, or donations;

/This sub-paragraph was invalidated by the law as of July 21, 2016/

14.1.11.to grant permits for paleontological and archaeological prospecting, excavation and research, as well as for temporary export of tangible cultural heritage;

/This sub-paragraph was modified by the law as of July 2, 2021/

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

14.1.12.to approve the composition and operational procedure of the Professional Council for restoration of paleontological, archeological, intangible cultural heritage, movable historical and cultural memorial objects, and tangible cultural heritage working under the state central administrative body in charge of cultural affairs;

/This sub-paragraph was modified by the law as of July 2, 2021/

/This sub-paragraph was amended by the law as of January 6, 2023/

14.1.13.to approve the procedure to register cultural heritage in the registration and information databases; 

14.1.14.to approve the management plans of cultural heritage memorial sites;

14.1.15.to provide financial assistance to citizens and legal entities for activities to promote and protect cultural heritage;

14.1.16.to appoint and dismiss the authority of the protection administration of cultural heritage memorial sites;

14.1.17.to take measures to register immovable historical and cultural memorials in the preliminary list of World Heritage and the World Heritage List, and to register intangible cultural heritage in UNESCO's Representative List and the List of Intangible Cultural Heritage in Need of Urgent Safeguarding, for protection;

/This sub-paragraph was added by the law as of July 2, 2021/

14.1.18.other powers stated in the law.

/The numbering of this sub-paragraph was amended by the law as of April 29, 2021/

Article 141.Powers of the state administrative body in charge of cultural affairs

14.1.The state administrative body in charge of cultural affairs shall have the following powers concerning the protection of cultural heritage:

141.1.1.to organize the implementation of the state policy and the legislation to protect cultural heritage in the national level;

141.1.2.to conduct the state inspection and inventory of cultural heritage, in accordance with the date defined by the law, and report the outcome to the Government;

141.1.3.to organize activities to nominate cultural heritage to be inscribed on the World Heritage List as well as to take measures to preserve and protect the inscribed heritage;

141.1.4.to identify and register bearers of intangible cultural heritage, as well as to search for and research intangible cultural heritage;

/This sub-paragraph was invalidated by the law as of July 2, 2021/

141.1.5.to monitor the activities of business entities and enterprises with the licenses to reproduce and make product designs for supply to the market;

141.1.6.to monitor, receive reports on and conduct registration of tangible cultural heritage to be sold at auctions;

141.1.7.to create conditions to register and preserve publicly owned cultural heritage by professional staff;

141.1.8.to develop measures to restore and emergency safeguard cultural heritage in grave threat of damage, breakage or destruction, as well as organize the implementation of tasks using finance from state and local budgets, or donations;

141.1.9.to maintain the registration and information databases of cultural heritage;

/This sub-paragraph was invalidated by the law as of July 2, 2021/

141.1.10.to reflect in the state budget per annum the measures to protect and restore authenticity and integrity of the immovable historical and cultural memorials registered in the preliminary list of World Heritage and the World Heritage List, and to protect and strengthen the viability of intangible cultural heritage registered in UNESCO's Representative List and the List of Intangible Cultural Heritage in Need of Urgent Safeguarding, for protection, and implement them;

/This sub-paragraph was added by the law as of July 2, 2021/

141.1.11.other powers stated in the law.

/The numbering of this sub-paragraph was amended by the law as of April 29, 2021/

/This article was added by the law as of July 21, 2016/

Article 15.Powers of the Citizens' Representatives Khurals of aimags, soums, the Capital city, and districts

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

15.1.Citizens' Representatives Khurals of aimags, soums, the Capital city, and districts  shall have the following common powers concerning the protection of cultural heritage:

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

15.1.1.to approve medium term  policy and main directives to protect cultural heritage within their territory;

/This sub-paragraph was modified by the law as of April 22, 2022/

15.1.2.to approve the budget necessary for the activities of the protection of cultural heritage;

/This sub-paragraph was modified by the law as of April 22, 2022/

15.1.3.to issue directives for the Governor concerning the fields for the protection of cultural heritage and combating the crime and violations against cultural heritage, and to discuss reports for the assessment of their implementation;

/This sub-paragraph was modified by the law as of April 22, 2022/

15.1.4.to issue proposals concerning the protection of historical and cultural memorial sites within their territory; 

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

15.1.5.to make decisions concerning the use of historical and cultural memorial sites under local protection, by contract to tourist organizations, in accordance with procedures defined by the legislation;

/This sub-paragraph was invalidated by the law as of April 22, 2022/

15.1.6.to take measures to recreate, restore and emergency safeguard cultural heritage in grave threat of damage, breakage or destruction;

This sub-paragraph was invalidated by the law as of April 22, 2022/

15.1.7.other powers stated in the law.

15.2.The Citizens' Representatives Khurals of aimags and the Capital city shall approve the List of Immovable Historical and Cultural Memorials under Protection of the soums and districts.

/This paragraph was modified by the law as of July 2, 2021/

Article 16.Powers of the Governors of aimags and the Capital city

16.1.The Governors of aimags and the Capital city shall have the following powers concerning the protection of cultural heritage:

16.1.1.to organize tasks to implement the legislation concerning the protection of cultural heritage as well as decrees issued by the Government, the Citizens' Representatives Khurals;

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

16.1.2.to organize tasks to protect and rationally use the cultural heritage;

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

16.1.3.to organize tasks to search for, register, protect, and monitor cultural heritage;

16.1.4.to conduct surveys and reports of cultural heritage, in accordance with the established procedure, and deliver them to the registration and information databases of the state, aimags and the Capital city;

16.1.5.to conduct an examination and inventory of cultural heritage in accordance with the procedure stated in the law;

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

16.1.6.to take measures, in accordance with the law, to intercept any activities which might cause risk to cultural heritage;

16.1.7.to support professional organizations or teams with permits to carry out paleontological and archaeological prospecting, excavation and research;

16.1.8.to promote cultural heritage;

16.1.9.to jointly conduct tasks with professional organizations to delineate the boundaries of protection zones of cultural World Heritage Sites as well as National cultural heritage memorial sites and deliver reports to the competent authority;

16.1.10.to support and incentivize citizens, business entities and organizations, involved in protection of cultural heritage with active enthusiasm, as stated in the law;

16.1.11.to intercept illegal excavation of immovable historical and cultural memorials and take measures to organize action against violations to cultural heritage, according to received information;

16.1.12.to identify bearers of intangible cultural heritage, as well as provide publicity and assistance and organize activities of transmission;

16.1.13.to take measures to emergency safeguard, restore, recreate and transmit the cultural heritage in grave threat of damage, breakage or destruction.

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

16.1.14.other powers stated in the law.

/The numbering of this sub-paragraph was amended by the law as of April 22, 2022/

Article 17.Powers of the Governors of soums and districts

17.1.The Governors of soums and districts shall have the following powers concerning the protection of cultural heritage:

17.1.1.to provide implementation of the legislation concerning the protection of cultural heritage and decrees issued by the Government and Citizens' Representative Khurals;

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

17.1.2.to organize tasks to search for, register, protect, and monitor the cultural heritage;

17.1.3.to allow the use of designated sites for professional organizations or teams with permits to carry out paleontological and archaeological prospecting, excavation and research;

17.1.4.to receive and request the elimination of any potential hazards of the site, after paleontological and archaeological prospecting, excavation and research has been finished;

17.1.5.to support the protection administration of the World Cultural Heritage Sites and National Cultural Heritage Memorial Sites operating in the territory under its jurisdiction;

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

17.1.6.to be used historical and cultural memorial sites under the protection of soum and district to tourism organizations under contract;

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

17.1.7.to take measures to emergency safeguard, restore, recreate and transmit the cultural heritage in grave threat of damage, breakage or destruction.

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

Article 18.Powers of the Citizens' Public Khurals of baghs and khoroos

18.1.The Citizens' Public Khurals of baghs and khoroos shall have the following powers concerning the protection of cultural heritage:

18.1.1.to involve the community in the protection of cultural heritage;

18.1.2.to submit proposals to higher level khurals to support and incentivize citizens, business entities and organizations which have been involved in the protection of cultural heritage with active enthusiasm;

18.1.3.other powers stated in the law.

Article 19.Powers of the Governors of baghs and khoroos

19.1.The Governors of baghs and khoroos shall have the following powers concerning the protection of cultural heritage:

19.1.1.to organize tasks to implement the legislation concerning the protection of cultural heritage and decrees issued by the Citizens' Public Khurals, higher level khurals and the Governors;

19.1.2.to involve citizens in combating crimes and violations against cultural heritage;

/This sub-paragraph was modified by the law as of April 22, 2022/

19.1.3.to organize tasks to involve citizens in clearing up rubbish and keeping the  immovable historical and cultural memorials and their surrounding areas clean;

19.1.4.to recommend to higher level organizations to support and incentivize citizens, business entities and organizations which have been involved in the protection of cultural heritage with active enthusiasm, in accordance with the law;

19.1.5.other powers stated in the law.

CHAPTER FOUR

CULTURAL HERITAGE REGISTRATION

Article 20.Structure of cultural heritage registration and information database

20.1.The cultural heritage registration and information database shall have the following structure:

20.1.1.the registration and information database of organizations;

20.1.2.the registration and information database of soums and districts;

20.1.3.the registration and information database of aimags and the Capital city;

20.1.4.the state integrated registration and information database.

20.2.The registration and information database of soums and districts at the cultural center; the registration and information database of aimags at the local museum; the registration and information database of the Capital city at the city administrative unit in charge of cultural affairs; the state integrated registration and information database at the National Center of Cultural Heritage shall be created and maintained, respectively.

20.3.The National Center of Cultural Heritage shall be the cultural and scientific organization with the functions to register, research, preserve, restore, emergency safeguard, and promote the cultural heritage.

/This paragraph was modified by the law as of July 2, 2021/

20.4.The state and local museums shall be the cultural and scientific organizations with the functions to register, collect, preserve, protect, research, and promote the cultural heritage located within their territories.

/This paragraph was amended by the law as of January 29, 2021/

20.5.The soum and district cultural centers shall have the duty to register, document, and protect the cultural heritage within their territories.

20.6.The following business entities and organizations must create the registration and information databases:

20.6.1.Bank of Mongolia;

20.6.2.protection administration of memorial sites;

20.6.3.museums, galleries, libraries, monasteries and temples;

20.6.4.scientific organizations and research laboratories;

20.6.5.National central archives.

/This sub-paragraph was added by the law as of April 24, 2020/

20.7.Citizens or legal entities may register the cultural heritage they own and possess to the state integrated registration and information database.

20.8.The cultural heritage registration and information database shall be created both on paper and in electronic format, and the information contained in the two formats should be correct, complete and identical without differences.

20.9.The cultural heritage registration and information database shall be owned by the State.

20.10.The organization that created the cultural heritage registration and information database shall be responsible for its location, confidentiality, preservation, protection, and security.

Article 21.Registration component of cultural heritage

21.1.The cultural heritage registration and information database should contain all information required for restoration of cultural heritage in the case of damage, destruction or disappearance.

21.2.Cultural heritage registration shall consist of the following supplementary applications:

21.2.1.description of the cultural heritage;

21.2.2.reports of research and analysis;

21.2.3.reports of restoration works;

21.2.4.documentation of the inspection and inventory procedure;

21.2.5.related documents of domestic and overseas exhibitions;

21.2.6.photographs, both film and discs;

21.2.7.all types of recordings containing audio and images;

21.2.8.prints, replicas and imprints;

21.2.9.information concerning the bearers of intangible heritage;

21.2.10.blueprints, research, and measurement of restoration work;

21.2.11.other applications related to the registration.

21.3.The cultural heritage registration and its supplementary applications shall provide an integrated set of references and information.

21.4.The transfer, use, reproduction, misappropriation of the cultural heritage registration and information database on a basis other than as stated in the law and/or maintaining them in a non-standard condition shall be prohibited.

21.5.The state integrated cultural heritage registration and information database shall be kept in an archival institution.

Article 22.Registration of cultural heritage

22.1.The Cabinet member in charge of cultural affairs shall approve the procedure on registration of the cultural heritage in the registration and information database and using the information thereto. The procedure on registration of the movable historical and cultural memorial objects being stored in the Treasure fund shall be approved jointly by the President of the Bank of Mongolia and the Cabinet member in charge of cultural affairs.

/This paragraph was amended by the law as of July 2, 2021/

22.2.The information concerning the publicly owned tangible cultural heritage must be registered in the registration and information database.

22.3.The tangible cultural heritage, other than as stated in paragraph 22.2 of this Law, may be registered on the appropriate level of the registration and information database, upon request by the owner and possessor. The registered information's confidentiality and storage conditions shall be regulated by agreement.

22.4.The information of intangible cultural heritage and its bearers shall be registered in the cultural heritage registration and information database.

22.5.Cultural heritage shall be disposed from state and local property, in the case of destruction or misappropriation, by the decision of the Cabinet member in charge of cultural affairs, based on an assessment of the Professional Council.

22.6.Disposal of information from the cultural heritage registration and information database shall be prohibited.

Article 23.Registration period of cultural heritage

23.1.The citizens or organizations that find and discover cultural heritage shall inform the registration and information database of that location, within 15 days for initial registration.

23.2.The registration and information databases of organizations shall submit a report four times a year; the registration and information databases of the soums and districts shall submit a report twice a year; the registration and information database of the aimags and the capital city shall submit a report once a year, to the state integrated registration and information database, respectively.

23.3.In the case that Mongolian citizens and legal entities, or foreign citizens and organizations, or stateless persons give objects associated with the cultural heritage of Mongolia to the ownership of the State on their own initiative, the respective memorial objects shall be registered in the cultural heritage state integrated registration and information database and transferred to responsible organizations for storage.

Article 24.Information use of the cultural heritage registration and information database

24.1.The information of the cultural heritage registration and information database may be used by citizens and legal entities. The infringement of any legitimate interest of the owner and possessor while using the information shall be prohibited.

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

24.2.The information of cultural heritage registered in the cultural heritage registration and information database may be used to make comprehensive promotional materials for the public.

24.3.The responsible organization for the state integrated cultural heritage registration and information database shall urgently take measures to distribute information to the border agency, customs, and police organizations in the case of loss of cultural heritage.

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

Article 25.Registration of the ownership, possession rights and land cadaster of the immovable historical and cultural memorials

25.1.The owner and possessor of an immovable historical and cultural memorial, as well as the land on which it is located, shall register their property to the state registrations of property rights and land cadaster.

25.2.The registration stated in paragraph 25.1 of this Law shall be stored in the cultural heritage registration and information database.

Article 26.Inspection and inventory of cultural heritage

26.1.The state administrative body in charge of cultural affairs shall jointly organize with the Governors of the aimags and the Capital city, an examination of intangible cultural heritage once every 3 years, an inventory of immovable historical and cultural memorials once every 5 years, and an inventory of movable historical and cultural memorial objects once every 4 years.

/This paragraph was amended by the law as of July 21, 2016/

26.2.The possessor of cultural heritage shall take urgent measures, jointly with the state administrative body in charge of cultural affairs and the local administrative authority of appropriate level, to eliminate violations revealed during the inventory.

/This paragraph was amended by the law as of July 21, 2016/

CHAPTER FIVE

CULTURAL HERITAGE RESEARCH

Article 27.Cultural heritage research

27.1.The professional scientific organizations shall execute research on tangible cultural heritage.

27.2.Paleontological and archaeological prospecting, excavation and research as well as intangible cultural heritage research shall have scientific and emergency safeguarding directive.

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

27.3.The permits for conducing paleontological and archaeological prospecting, excavation, and research, as well as intangible cultural heritage research shall be issued by the Cabinet member in charge of cultural affairs, based on proposals and conclusions specified in the paragraph 271.1 of this Law.  

/This paragraph was modified by the law as of July 2, 2021/

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

27.4.The procedure to conduct paleontological and archaeological prospecting, excavation, and research shall be jointly approved by the Cabinet members in charge of cultural and scientific affairs.

/This paragraph was amended by the law as of July 2, 2021/

27.5.The permits for scientific and emergency safeguarding prospecting, excavation and research shall be granted to the professional scientific organizations.

27.6.The permits for emergency safeguarding prospecting, excavation and research may be granted to professional research teams.

/This paragraph was invalidated by the law as of July 2, 2021/

27.7.The research for identifying tangible cultural heritage may be conducted in scientific laboratories under all types of ownership.

27.8.Preliminary prospecting and research shall be carried out and the assessment thereto shall be issued by professional paleontological, archaeological or ethnological scientific organizations for the assessment, prior to issuing land for purposes of economic activity associated with settlement, construction, paving new roads, establishing hydro power plants, conducting crop farming, mine prospecting and exploitation,.

27.9.The client shall be liable for required expenses of preliminary prospecting and research as well as the emergency safeguarding of historical and cultural memorials which are discovered.

27.10.It shall give basis to revoke the decision on land use if preliminary prospecting and research have not been conducted and the assessment has not been issued.

27.11.The professional arts, cultural and scientific organizations, as well as citizens, legal entities, governmental and non-governmental organizations, shall conduct the search for and research of intangible cultural heritage, in accordance with related procedures.

27.12.The legal entity specified in paragraph 11.1 of the Law on Science and Technology shall submit a request to the state central administrative body in charge of cultural affairs for the permits to conduct research specified in sub-paragraphs 6.6 and 6.7 of Article 8.2 of the Law on Permits. The following documents shall be attached to the request:

27.12.1.an official letter specifying the grounds, needs, and demands for research;

27.12.2.certified guidelines for research work;

27.12.3.cooperation agreement if it will be implemented jointly with domestic or foreign organizations;

27.12.4.a copy of the order appointing the members of the research team.

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

Article 271.Permit for paleontological and archaeological prospecting, excavation and research

/This article was added by the law as of January 6, 2023/

271.1.Within 10 working days, the state central administrative body in charge of cultural affairs shall have discussed the request by the Paleontology, Archeology and Intangible Cultural Heritage Professional Council specified in sub-paragraph 14.1.12 of this Law, and issued opinions and conclusions.

271.2.The legal entity specified in paragraph 11.1 of the Law on Science and Technology shall carry out the research work within the period specified in the permit and submit the report to the state central administrative body in charge of cultural affairs within the given year.

271.3.In the event that the legal entity specified in paragraph 11.1 of the Law on Science and Technology is unable to carry out research work within the period specified in the permit due to emergency or force majeure factors, the Cabinet member in charge of cultural affairs shall be notified, and the permit period may be extended.

271.4.If it is found that the legal entity specified in paragraph 11.1 of the Law on Science and Technology has not fulfilled the obligations stipulated in this Law, or has falsified documents, the Cabinet member in charge of cultural affairs shall revoke the permit and inform the public.

271.5.The state central administrative body in charge of cultural affairs shall notify the Governor of the respective aimag or the Capital city that the legal entity specified in paragraph 11.1 of the Law on Science and Technology has been granted a permit to conduct a research.

Article 28.Prohibited aspects of paleontological and archaeological prospecting, excavation and research

28.1.The following shall be prohibited concerning paleontological and archaeological  prospecting, excavation and research:

28.1.1.to damage natural formations and vulnerable areas of water sources, springs, brooks, special mineral formations, rare geological outcrops;

28.1.2.to use explosive devices;

28.1.3.to use techniques and equipment that have the potential to cause detriment to outcomes of research;

28.1.4.to desert open holes or cavities or leave behind sand, earth and stone mounds as the outcome of excavation and research, to the detriment of the surrounding landscape.

Article 29.Report of cultural heritage research work

29.1.A detailed report of cultural heritage research work shall be delivered to the state integrated cultural heritage registration and information database.

29.2.In the case that the full report is not published, the issues of use shall be resolved in accordance with the Law on copyright and related rights.

Article 30.Findings

30.1.The land and subsoil that accommodate properties which are of importance for history, culture and science shall be under state protection and any findings shall be owned by the State.

30.2.To damage or distort the authenticity, shape and characteristic of findings, during preservation, protection and research, shall be prohibited.

/This paragraph was amended by the law as of July 2, 2021/

30.3.The storage of the findings in an inadequate setting and environment shall be prohibited.

30.4.A finding must be registered to the registration and information database of that soum and district, within 30 days of the day of discovery.

30.5.The Cabinet member in charge of cultural affairs shall decide a matter  on transferring the findings to museum, scientific organization and other relevant organizations for the purposes of temporary storage and possession by taking into account of the opinion of the scientific organization and researcher which discovered the finding.

/This paragraph was amended by the law as of July 21, 2016/

/This paragraph was modified by the law as of July 2, 2021/

30.6.The integrity of provenance shall be secured during the storage and use of the finding.

CHAPTER SIX

THE OWNERSHIP, POSSESSION AND USE OF CULTURAL HERITAGE

Article 31.Possession of tangible cultural heritage

31.1.The state, local, religious and public organizations shall possess publicly owned tangible cultural heritage, under the conditions set by the owner.

31.2.The following organizations and legal entities shall possess publicly owned tangible cultural heritage:

31.2.1.state and local museums;

/This sub-paragraph was amended by the law as of January 29, 2021/

31.2.2.galleries;

31.2.3.scientific organizations;

31.2.4.national, aimags, the capital city and district libraries;

31.2.5.national central archives, aimags and the capital city archives;

31.2.6.religious organizations;

31.2.7.other responsible organizations to preserve and protect cultural heritage according to the legislation.

Article 32.Rights and duties of the possessor of state owned tangible cultural heritage

32.1.The possessor of tangible cultural heritage shall have the following rights:

32.1.1.to organize public displays, advertisements, and participation in an exhibition, according to the agreement made with the owner, as well as take a percentage of the revenue generated;

32.1.2.to consider the categorization and classification for purchase, lease and temporary exchange, according to the related procedures;

32.1.3.to organize scientific conferences, meetings and training workshops, as well as searches and collections;

32.1.4.to be provided with the adequate standard equipment, tools, laboratory, and premises;

32.1.5.to order the manufacture of products by the design of tangible cultural heritage.

32.2.The possessor of the tangible cultural heritage shall have the following duties:

32.2.1.to maintain records of cultural heritage and create a registration and information database;

32.2.2.to be registered in a higher-level registration and information database;

32.2.3.to record the transfer of cultural heritage flows registered in the registration and information database;

32.2.4.to obtain permission for movable historical and cultural memorial objects for temporary export, in accordance with the established procedure;

32.2.5.to urgently inform the appropriate level of the registration and information database, the Governor, and police, in the case of loss or misappropriation of tangible cultural heritage;

32.2.6.not to restore tangible cultural heritage or pass for others to use, without the permission of the owner.

Article 33.Rights and duties of the owner of tangible cultural heritage

33.1.Citizens and legal entities that own tangible cultural heritage shall have the following rights:

33.1.1.to use for its primary function;

33.1.2.to organize public displays, advertisements, and participation in exhibitions, as well as take a percentage of the revenue generated;

33.1.3.to receive state financial support, in accordance with the established procedure, for restoration under the necessary circumstances;

33.1.4.to receive tax relief, in the case of selling an exceptionally valuable historical and cultural memorial object to the state by their own initiative;

33.1.5.to establish a museum or gallery.

33.2.Citizens and legal entities that own tangible cultural heritage shall adhere to the following duties:

33.2.1.to establish the provenance of cultural heritage;

33.2.2.to be registered in a cultural heritage registration and information database of under jurisdiction of the respective aimag and the Capital city;

/This sub-paragraph was amended by the law as of July 2, 2021/  

33.2.3.to inform the respective level of the cultural heritage registration and information database in the case of transfer of ownership rights to others by sale, gift or inheritance;

33.2.4.to obtain permission for movable historical and cultural memorial objects for temporary export, in accordance with the established procedure;

33.2.5.to urgently inform the respective level of the registration and information database, the Governor, and police, in the case of loss or misappropriation;

33.2.6.to offer an initial sale proposal of exceptionally valuable historical and cultural memorial objects to the State;

33.2.7.not to transfer the ownership of exceptionally valuable historical and cultural memorial objects to foreign citizens and legal entities, or stateless persons by gift, inheritance etc.

Article 34.Rights and duties of bearers of intangible cultural heritage

34.1.Bearers of intangible cultural heritage shall have the following rights:

34.1.1.to receive financial support to protect, transmit and recreate the intangible cultural heritage, under the necessary circumstances.

34.2.Bearers of intangible cultural heritage shall have the following duties:

34.2.1.to teach students and transmit intangible cultural heritage to the next generations;

34.2.2.to disseminate and promote intangible cultural heritage;

34.2.3.to provide assistance to record information and conduct registration of intangible cultural heritage.

Article 35.Purchase and sale of tangible cultural heritage

35.1.The Cabinet member in charge of cultural affairs shall approve the procedure for temporary exchange, leasing, purchasing and sale of tangible cultural heritage.

35.2.The state administrative body in charge of cultural affairs, state and local museums, and libraries shall organize the open, public, and transparent purchase of tangible cultural heritage.

/This paragraph was amended by the law as of July 21, 2016/

35.3.The organization which has purchased tangible cultural heritage shall organize an annual exhibition to promote it publicly.

35.4.The sale of exceptionally valuable historical and cultural memorial objects to foreign citizens and legal entities, or stateless persons shall be prohibited.

35.5.The sale of paleontological and archeological findings shall be prohibited.

Article 36.Use of tangible cultural heritage

36.1.Tangible cultural heritage shall be used for purposes of promotion, research, study, and training.

36.2.Causing damage or misappropriation of tangible cultural heritage, while using it for purposes of promotion, research, study, and training shall be prohibited.

36.3.Usage of the state owned tangible cultural heritage for its primary function shall be prohibited. The provision of this paragraph shall not apply to the historical and cultural memorial buildings.

CHAPTER SEVEN

SYSTEM FOR THE PROTECTION OF CULTURAL HERITAGE

Article 37.System for the protection of cultural heritage

37.1.The state central administrative and state administrative bodies in charge of cultural affairs, Citizens' Representatives Khurals and Governors of all levels, as well as the organizations and competent persons that are obligated by this Law, shall be responsible for issues regarding the protection of cultural heritage.

/This paragraph was amended by the law as of July 21, 2016/

37.2.The state central administrative and state administrative bodies in charge of cultural affairs, Governors of all levels, cultural heritage monitoring state inspectors, contracted guards, organizations and officials authorized by the law shall monitor the protection of cultural heritage. 

/This paragraph was amended by the law as of July 21, 2016/

37.3.The principle of preserving cultural heritage on its local site, without distortion to its authenticity and integrity, shall be adhered to. For purposes of improving preservation and protection conditions, cultural heritage may be transferred to the state and local museums for storage with the decision of the Cabinet member in charge of cultural affairs.

/This paragraph was amended by the law as of January 29, 2021/

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

37.4.Governors of soums and districts can perform the duties of protection of immovable historical and cultural memorials based on contracts by citizens and legal entities.

37.5.An introduction, explanation, sign and note shall be placed beside the immovable historical and cultural memorials under protection of the state, aimags, and the Capital city. The Governors of the aimags and the Capital city shall be responsible for organizing tasks to make and place the introduction, explanation, sign and note, in accordance with the standards.

37.6.Governors of aimags and the Capital city shall set height limits for new buildings and facilities to be built around the historical memorial buildings and architectural memorials located in cities and settlement areas in order to preserve the visual splendor of them. The criteria for setting the height limit shall be jointly approved by the Cabinet members in charge of urban development and cultural affairs.

/This paragraph was added by the law as of July 2, 2021/

Article 38.Prohibited activities concerning the protection of cultural heritage

38.1.The following activities that have the potential to damage cultural heritage shall be prohibited:

38.1.1.to conduct mining, crop farming and industrial activities, as well as building infrastructure, within the historical and cultural memorial site and its buffer zone;

38.1.2.to allocate land for the economic activities of building settlements, construction, paving new roads, cultivating plantations, establishing water power plants, or mineral exploration and exploitation without preliminary prospecting and research carried out by professional paleontological, archeological and ethnological organizations;

38.1.3.to move, transport, and transfer to a different environment and organization for preservation, without decision from the owner of the publicly owned movable historical and cultural memorial object, other than as stated in the law;

/This sub-paragraph was amended by the law as of January 6, 2023/

38.1.4.to change the authenticity, original shape, structure and design, to attach advertising boards and notes to the immovable historical and cultural memorials under protection of the state, aimags and the Capital city.

38.2.If paleontological, archeological or ethnological preliminary prospecting and research, specified in the sub-paragraphs 6.6 and 6.7 of Article 8.2 of the Law on the Permits made by the legal entities specified in paragraph 11.1 of the Law on Science and Technology, ascertain and conclude that there is a risk to cultural heritage, this shall give basis to halt economic activity.

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

38.3.If tangible cultural heritage is discovered during the possession and use of subsoil, the subsoil user shall stop the work, and urgently inform the Governors of the soum and district, police, and the organizations in charge of the respective issue.

Article 39.Transmission of intangible cultural heritage

39.1.The state administrative body in charge of cultural affairs and Governors of all levels shall be responsible for researching, promoting, transmitting, preserving, and protecting intangible cultural heritage and its bearers in association with ethnological history, traditions, customs, and livelihood.

/This paragraph was amended by the law as of July 21, 2016/

39.2.The state administrative body in charge of cultural affairs shall organize the state intangible cultural heritage festival once every 3 years, for the purposes of safeguarding, publicly promoting and disseminating intangible cultural heritage, as well as identifying, honoring and developing the talents of its bearers.

/This paragraph was amended by the law as of July 21, 2016/

39.3.The Governors of all levels shall safeguard intangible cultural heritage, and incentivize the bearers of intangible cultural heritage as well as organize apprenticeship training.

Article 40.Incentives for citizens, business entities and organizations

40.1.The state shall incentivize citizens, business entities and organizations which have been involved in activities to search for and discover cultural heritage, enrich safeguard the cultural heritage fund, publicly promote them, recreate, transmit, and  restore them, with active enthusiasm.

40.2.The state shall incentivize and honor citizens who have contributed to the detection of administrative violations and crimes against cultural heritage.

40.3.The Governors of the aimags, soums, the Capital city, and districts shall grant 15 percent of sales revenue to the citizens, business entities, organizations, state inspectors and contracted guards for detecting and informing about the illegal replication, manufacture and sale of cultural heritage and violations to the requirements stated in this Law.

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

40.4.The Government shall approve the procedure to purchase information about violations. Information confidentiality shall be maintained strictly in accordance with the legislation.

/This paragraph was invalidated by the law as of July 2, 2021/

40.5.The Government shall approve the procedure for a monetary reward as well as for annually identifying and granting the monetary reward to the bearer of intangible cultural heritage who has distinctively contributed to the dissemination and promotion of intangible cultural heritage at a national and global level.

Article 41.Financing cultural heritage

41.1.Activities for the protection of cultural heritage shall be financed by the following sources:

41.1.1.state budgets;

41.1.2.local budgets;

41.1.3.assistance, donations and funds provided by Mongolian and foreign citizens, as well as legal entities and international organizations;

41.1.4.other sources.

CHAPTER EIGHT

PROTECTION OF MEMORIAL SITES

Article 42.Cultural heritage memorial sites

42.1.The State Great Khural shall make the decision to take cultural heritage memorial sites under special protection with the purpose to protect the authenticity and original features of the cultural valuables, as well as to approve its boundary.

42.2.The state central administrative body in charge of cultural affairs shall submit proposals to the Government to establish cultural heritage memorial sites. The decisions of the Citizens' Representatives Khurals of the aimags and the Capital city may be considered with the proposal.

42.3.Cultural heritage memorial sites shall include World Heritage and national memorial sites.

42.4.Cultural heritage memorial sites shall be divided into the following areas:

42.4.1.protection areas;

42.4.2.buffer zones.

42.5.Several historical and cultural memorial sites may be located at a cultural heritage memorial site.

42.6.Tourist activities may be undertaken in the protection areas and buffer zones as long as they do not adversely affect the natural and cultural heritage.

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

42.7.Cultural heritage memorial sites shall be operated by the protection administration with the duty to implement protection management.

42.8.Consistent with the activities stated in Articles 43 and 44 of this Law, the protection administration of cultural heritage memorial sites may establish additional protection regimes.

42.9.The protection of several memorial sites may be subjected to the protection administration of cultural heritage memorial sites.

Article 43.Regimes of the protection areas

43.1.In addition to the activities stated in paragraph 38.1 of this Law, the following shall also be prohibited in the protection areas:

43.1.1.to land aircraft other than in an emergency situation;

43.1.2.to prospect, explore and exploit minerals;

43.1.3.to change the natural environment by exploiting timber, sand, gravel and rocks;

43.1.4.to build settlements and power plants;

43.1.5.to detonate explosions;

43.1.6.to build new constructions.

Article 44.Regimes of the buffer zones

44.1.In addition to the activities stated in paragraph 38.1 of this Law, the following shall also be prohibited in the buffer zones:

44.1.1.to prospect, explore and exploit minerals;

44.1.2.to build settlements and power plants;

44.1.3.to detonate explosions.

Article 45.Historical and cultural memorial sites

45.1.The Government shall delineate the protection zone to maintain the visual appear, security and integrity of the immovable historical and cultural memorials. The criteria for determining the borderline of the protection zone shall be jointly approved by the Cabinet members in charge of urban development and cultural affairs.

/This paragraph was amended by the law as of July 2, 2021/

45.2.At the historical and cultural memorial sites, for which protection zones have been delineated in accordance with paragraph 45.1 of this Law, the Governors of the soums and districts shall appoint contracted guards.

45.3.In addition to the activities stated in paragraph 38.1 of this Law, the following shall also be prohibited in the protection zone of historical and cultural memorial sites:

45.3.1.to excavate the land and its subsoil;

45.3.2.to plant trees, bushes and a variety of plant species without the assessment by a professional organization;

45.3.3.to build gers, dwellings, buildings and facilities with purpose of other than those specified in paragraph 45.5 of this Law;

/This sub-paragraph was amended by the law as of July 2, 2021/

45.3.4.to pasture livestock;

45.3.5.to allow vehicle entry and aircrafts to land other than in emergency situations;

45.3.6.to prospect, explore and exploit minerals;

45.3.7.to exploit timber, sand, gravel and rocks.

45.4.Promotional activities for the purposes of restoration, research and tourism may be conducted in the protection zone of historical and cultural memorial sites.

45.5. In order to improve the preservation and protection of immovable memorials in the protection zone of historical and cultural memorial sites, new buildings may be constructed in such a way as not to damage their original appearance and integrity, and may be used for research and promotion purposes.

/This paragraph was added by the law as of July 2, 2021/

45.6.In order to develop the creative production of culture and cultural tourism, the Citizens' Representatives Khurals of aimags and the Capital city may create a cultural environment and space in accordance with the Law on Culture around the protection zone specified in paragraph 45.1 of this Law.

/This paragraph was added by the law as of July 2, 2021/

CHAPTER NINE

RESTORATION OF CULTURAL HERITAGE

Article 46.Organizations for the restoration of tangible cultural heritage

46.1.In accordance with blueprints developed by research, the restoration task of tangible cultural heritage shall be conducted by contracted citizens and professional organizations authorized by the state central administrative body in charge of cultural affairs.

46.2.The Professional Council, with the duty to monitor and provide the professional and technical methodology for the restoration of tangible cultural heritage, shall be established under the state central administrative body in charge of cultural affairs. The Cabinet member in charge of cultural affairs shall approve the procedure of the Professional Council's structure and function.

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

46.3.The Cabinet member in charge of cultural affairs shall grant permits to restore tangible cultural heritage based on the conclusion specified in paragraph 46.9 of this Law.

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

46.4.Unless otherwise stated in the law, the professional organizations authorized by the state central administrative body in charge of cultural affairs may restore tangible cultural heritage.

46.5.The unauthorized restoration of tangible cultural heritage shall be prohibited.

46.6.The tangible cultural heritage restoration unit, affiliated with the state central administrative body in charge of cultural affairs, shall conduct the restoration work of tangible cultural heritage within Mongolia.

/This paragraph was invalidated by the law as of July 2, 2021/

46.7.A sub-contractor may be hired for tangible cultural heritage restoration work.

46.8.Professional organizations and citizens specified in paragraph 46.1 of this law shall submit a request for a permit for the restoration of tangible cultural heritage to the state central administrative body in charge of cultural affairs. The following documents shall be attached to the request:

46.8.1.an official letter specifying the grounds, needs, and requirements for restoration, or an application thereto for a citizen;

46.8.2.restoration work plan;

46.8.3.certified blueprints for historic memorial buildings and architectural memorials;

46.8.4.a cooperation agreement if it will be implemented jointly with domestic or foreign organizations or individuals;

46.8.5.detailed introduction of the specialist who will perform the restoration work.

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

46.9.The state central administrative body in charge of cultural affairs shall discuss the request within 10 working days at the meeting of the Professional Council for the Restoration of Tangible Cultural Heritage specified in sub-paragraph 14.1.12 of this Law and have issued a conclusion.

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

46.10.Professional organizations and citizens shall be obliged to carry out the restoration work according to the certified blueprint within the period specified in the permit, and submit the report to the state central administrative body in charge of cultural affairs within the given year.

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

46.11.In the event that a professional organization or citizen is unable to carry out the restoration work within the period specified in the permit due to emergency or force majeure circumstances, the Cabinet member in charge of cultural affairs shall be informed about this, and the permit period may be extended.

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

46.12.If it is found that a professional organization or a citizen has not fulfilled the obligations stipulated in this Law, or has falsified a document, the Cabinet member in charge of cultural affairs shall revoke the permit and inform the public.

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

Article 47.Restoration activities of tangible cultural heritage

47.1.The following principles for the restoration of tangible cultural heritage shall be adhered to:

47.1.1.to preserve its authenticity, original structure and design;

47.1.2.to provide the conditions for long-term preservation and security.

47.2.The Cabinet member in charge of cultural affairs shall approve the procedure to restore tangible cultural heritage, and the Cabinet members in charge of cultural and construction affairs shall jointly approve the procedure to restore archaeological memorials and historical memorial buildings.

47.3.A detailed report of tangible heritage restoration work shall be delivered to the state integrated cultural heritage registration and information database.

Article 48.Recreation and transmission of intangible cultural heritage

48.1.In the case of destruction, or disappearance of intangible cultural heritage, the state central administrative body in charge of cultural affairs shall organize measures to recreate and transmit it, based on related registration and information.

/This paragraph was amended by the law as of July 21, 2016/

48.2.The recreated intangible cultural heritage shall be assessed and made a conclusion by the Professional Council under the state central administrative body in charge of cultural affairs.

CHAPTER TEN

PROMOTION OF CULTURAL HERITAGE

Article 49.Cultural heritage education

49.1.The knowledge about cultural heritage and its protection and promotion shall be provided through household culture, and traditional upbringing.

/This paragraph was amended by the law as of July 7, 2023/

49.2.Cultural heritage education shall be organized in the following ways:

49.2.1.to include knowledge about cultural heritage and its protection in the educational curriculum of pre and primary schools;

/This sub-paragraph was invalidated by the law as of July 7, 2023/

49.2.2.to provide scientifically based education concerning the protection and use of cultural heritage to the students of colleges, universities and vocational training organizations;

49.2.3.to promote the legislation, customs, traditions, and protection of cultural heritage through public social media.

Article 50.Exhibition of cultural heritage

50.1.The organization authorized by the state central administrative body in charge of cultural affairs shall organize overseas exhibitions of publicly and locally owned movable historical and cultural memorial object. This provision shall not apply to overseas exhibitions by individuals and legal entities of privately owned movable historical and cultural memorial object.

/This paragraph was amended by the law as of July 21, 2016/

/This paragraph was modified by the law as of July 2, 2021/

50.2.The competent authority, as stated in paragraph 50.1 of this Law, shall make a contract with the possessor of tangible cultural heritage. The contract should include conditions of use, duration, insurance guarantee, payment of lease, liability of the user, and protection and risk guarantee conditions of the tangible heritage.

50.3.Privately owned cultural heritage may be displayed in exhibitions based on an agreement with the owner and possessor.

50.4.The state central administrative body in charge of cultural affairs shall monitor the contract of tangible cultural heritage for overseas exhibitions.

50.5.Citizens, business entities and organizations shall be prohibited from carrying out exhibitions and establishing museums of any paleontological and archaeological findings which are not registered in the registration and information database.

Article 51.Transport of tangible cultural heritage

51.1.Permits for transportation of tangible cultural heritage shall be issued by the state central administrative body in charge of cultural affairs.

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

51.2.The Government shall approve the procedures for the transportation of tangible cultural heritage.

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

51.3.The permits to transport movable historical and cultural memorial object shall be granted to the legal entity that owns the respective memorial objects.

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

51.4.The permits to transport immovable historical and cultural memorial shall be granted to the legal entities specified in paragraph 11.1 of the Law on Science and Technology in consultation with the Governor of the aimag or the Capital city.

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

51.5.The permits to transport tangible cultural heritage shall not be granted to individuals or legal entities other than those specified in paragraphs 51.3 and 51.4 of this Law.

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

51.6.The permit holder specified in paragraph 51.1 of this law shall be responsible for fully ensuring the security of tangible cultural heritage and organizing transportation activities.

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

Article 52.Temporary export of movable historical and cultural memorial objects

/The title of this article was amended by the law as of July 2, 2021/

52.1.The movable historical and cultural memorial objects shall be temporarily exported for purposes of research, promotion and restoration, after safety conditions for preservation and protection has been provided for.

/This paragraph was amended by the law as of July 2, 2021/

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

52.2.The Cabinet members in charge of financial, budgetary and cultural affairs shall jointly approve the procedure for the temporary export of movable historical and cultural memorial objects.

52.3.The state central administrative body in charge of cultural affairs shall grant permits for the temporary export of movable historical and cultural memorial objects. This paragraph shall also apply to the temporary export of the paleontological and archeological research samples.

/This paragraph was modified by the law as of July 2, 2021/

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

52.4.The permits for the temporary export of the exceptionally valuable historical and cultural memorial objects shall be granted by the Government.

/This paragraph was modified by the law as of July 2, 2021/

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

52.5.The entity who is temporarily exporting a historical and cultural memorial object, as stated in paragraphs 52.3 and 52.4 of this Law, shall provide safety conditions for preservation and protection.

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

52.6.Documentation for a movable historical and cultural memorial object shall be compiled with for temporary export, such as photographs, videos, a report of protection conditions, in accordance with the form approved by the state central administrative body in charge of cultural affairs, and registered in the state integrated cultural heritage registration and information database.

52.7.In the case in which a movable historical and cultural memorial object has been illegally removed from the territory of Mongolia to a foreign state, or a temporarily exported movable historical and cultural memorial object, in accordance with paragraphs 52.3 and 52.4 of this Law has been lost or misappropriated, it shall be declared as state ownership of Mongolia, and the state central administrative body in charge of cultural affairs and the police shall organize an operation to recover the object, in accordance with the procedure stated in the legislation.

/This paragraph was amended by the law as of July 21, 2016/

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

52.8.The movable historical and cultural memorial object which has been transferred to state ownership by court decision, shall be transferred by the state central administrative body in charge of cultural affairs to museum and professional research organizations, according to the relevant procedure.

/This paragraph was amended by the law as of July 21, 2016/

/This paragraph was modified by the law as of July 2, 2021/

52.9.The state central administrative body in charge of cultural affairs shall grant the permits for the temporary export of the movable historical and cultural memorial objects in private ownership to the owner of the respective memorial objects or the authorized representative of the owner. The temporary exporting movable historical and cultural objects shall be registered in the registration and information database specified in paragraph 20.7 and sub-paragraph 32.2.2 of this Law.

/This paragraph was added by the law as of July 2, 2021/

52.10.The temporary exporting movable historical and cultural objects shall meet the following requirements:

52.10.1.not to be considered as evidence of a crime or violation;

52.10.2.to be insured;

52:10.3.to have no ownership disputes.

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

52.11.Citizens, business entities, and organizations requesting for temporary export of the movable historical and cultural memorial objects shall submit a written request to the state central administrative body in charge of cultural affairs by preparing the following documents:

52.11.1.a presentation reflecting the matters including purpose, importance, period, transportation, storage, reservation and protection conditions, and ensuring the security of temporary exporting movable historical and cultural memorial objects;

52.11.2.reference with respect to the registration of the movable historical and cultural memorial objects in the state integrated registration and information database;

52.11.3.a list containing the necessary information such as name, description, quantity, size and weight of the historical and cultural memorial objects;

52.11.4.unless the owner uses it for its original purpose, a copy of a valid contract concluded with a foreign organization on the restoration of memorial objects, participation in exhibitions, research and analysis of research samples;

52.11.5.two copies of 10x15 color photographs of the exceptionally valuable memorial object;

52.11.6.a document of coverage under the insurance of the movable historical and cultural memorial objects.

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

52.12.If citizens, business entities, and organizations temporarily export the movable historical and cultural memorial objects owned by others, they shall enter into a contract with the legal owners upon mutual agreement with them.

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

52.13.The state central administrative body in charge of cultural affairs shall verify the request for the temporary export of exceptionally valuable historical and cultural memorial object in accordance with the Law on Permits, and within 10 working days, it shall have discussed and made a conclusion on the memorial object by the Professional Council.

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

52.14.The state central administrative body in charge of cultural affairs shall submit the proposal to the Government within two working days after the completion of the verification/due diligence process specified in paragraph 52.13 of this Law. The Government shall discuss and make a decision on whether to grant a permit within 15 working days.

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

52.15.The permit holder shall have the following duties:

54.15.1.to take measures to reliably ensure the security of movable historical and cultural memorial objects;

52.15.2.to use movable historical and cultural memorial objects under the conditions specified in the permit;

52.15.3.not to transfer the permit to others;

52.15.4.to use movable historical and cultural memorial objects according to their intended purpose;

52.15.5.to be insured the movable historical and cultural memorial objects;

52.15.6.in case of loss, theft or damage of movable historical and cultural memorial objects after they have been temporary exported, to immediately report to the state central administrative body in charge of cultural affairs;

52.15.7.to bring movable historical and cultural memorial objects back across the state border within the specified period;

52.15.8.to prepare a report and submit it to the state central administrative body in charge of cultural affairs within five days after the movable historical and cultural memorial objects are brought back across the state border.

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

52.16.In the event that the citizen who obtained the permit dies, loses legal capacity, or ceases to be a citizen of Mongolia, or the business entity or organization is dissolved, the right to hold the permit shall be transferred to the state central administrative body in charge of cultural affairs, and it shall organize the work of bringing back the exceptionally valuable memorial object. The transfer of holding right of the permit shall not apply to the ownership of the exceptionally valuable memorial object.

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

52.17.The permit for the temporary export of the movable historical and cultural memorial objects shall be a one-time permit.

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

Article 53.Reproduction of tangible cultural heritage

/The title of this article was amended by the law as of January 6, 2023/

53.1.The permit for the reproduction of publicly owned tangible cultural heritage on a 1:1 scale and/or on a different scale shall be granted by the Cabinet member in charge of cultural affairs.

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

53.2.The matter on the reproduction of privately owned exceptionally valuable historical and cultural memorial object on a 1:1 scale shall be consulted with the Cabinet member in charge of cultural affairs.

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

53.3.The state central administrative body in charge of cultural affairs shall monitor activities of the business entities and organizations which obtained a right on reproduction and product design of cultural heritage for supply into the market.

/This paragraph was amended by the law as of July 21, 2016/

53.4.The possessor of the publicly owned tangible cultural heritage shall use the permit specified in paragraph 53.1 of this Law once.

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

53.5.The original reproduction of tangible cultural heritage on a 1:1 scale shall not be duplicated.

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

Article 54.Manufacture of products using the design of cultural heritage

/This article was invalidated by the law as of July 2, 2021/

54.1.Only the state and local museums and other cultural organizations authorized by the state central administrative body in charge of cultural affairs, may make a merchandising contract with the licensed entity as stated in paragraph 53.2 of this Law.

/This paragraph was amended by the law as of January 29, 2021/

54.2.The state and local museums and other cultural organizations authorized by the state central administrative body in charge of cultural affairs may be retailers of the product.

/This paragraph was amended by the law as of January 29, 2021/

54.3.The state and local museums, the producers of the product and retailers may make a merchandising contract. The Cabinet member in charge of cultural affairs shall approve the model of the contract.

/This paragraph was amended by the law as of January 29, 2021/

CHAPTER ELEVEN

MERCHANDISING CONTRACT

Article 55.Merchandising contract

/This article was invalidated by the law as of July 2, 2021/

55.1.In accordance with Article 3381 of the Civil Code, the owner, and the possessor with the owner's permission, shall grant the rights to producers and retailers to manufacture and sell products which use designs of publicly owned cultural heritage, by the merchandising contract. Producers and retailers shall be obliged to pay a fee to the possessor from sales revenue for using the design of cultural heritage.

55.2.Merchandising is protected by the trademarks and product design rights. 

Article 56.Parties to the merchandising contract

/This article was invalidated by the law as of July 2, 2021/

56.1.The following entities may be the parties to the merchandising contract:

56.1.1.owners of public and private property;

56.1.2.state and local museums, and other cultural organizations authorized by the Cabinet member in charge of cultural affairs.

/This sub-paragraph was invalidated by the law as of January 29, 2021/

56.1.3.licensed producers and retailers.

Article 57.Terms of the merchandising contract

/This article was invalidated by the law as of July 2, 2021/

57.1.Unless otherwise stated in the law or contract, a merchandising contract shall be established, in accordance with Civil Code in written form, including the following clauses:

57.1.1.detailed description of the size, design, color and material of the merchandising object;

57.1.2.the quantity of the products to be manufactured and sold under the merchandising contract;

57.1.3.information regarding the manufactured products' retailers and places of sale;

57.1.4.financing terms and conditions for the merchandising object to be manufactured and sold;

57.1.5.manufacture, sale and quality assurance of the merchandising object in accordance with the contract;

57.1.6.the terms and amount of the fee for using the design of cultural heritage;

57.1.7.the procedure to extend the merchandising contract, transfer of contractual rights and duties, amendments, the relation between the merchandising contract and other associated contracts, force majeure, and bases for dispute resolution to terminate and close the contract in the case of failure of duty;

57.1.8.other clauses that the parties agreed on.

CHAPTER TWELVE

MONITORING OF CULTURAL HERITAGE

Article 58.Monitoring of cultural heritage

58.1.The state central administrative body in charge of cultural affairs, Governors of all levels, state inspectors and contracted guards shall implement the monitoring of cultural heritage.

/This paragraph was amended by the law as of July 21, 2016/

58.2.The organizations implementing the monitoring of cultural heritage shall monitor the implementation of the legislation, rules, and procedures concerning the protection of cultural heritage and its standards and norms.

58.3.The preservation and protection of immovable historical and cultural heritage memorials, as stated in Article 5 of this Law, shall be monitored by the cultural and environmental monitoring state inspector.

/This paragraph was amended by the law as of July 2, 2021/

58.4.The Cabinet member in charge of cultural affairs shall appoint the cultural heritage monitoring state inspector.

/This paragraph was invalidated by the law as of July 2, 2021/

58.5.The Governors of soums and districts shall appoint the contracted cultural heritage guards.

Article 59.Rights and duties of contracted cultural heritage guards

59.1.The contracted cultural heritage guards shall have the following rights and duties:

59.1.1.to receive incentives, wages, protection equipment and information concerning immovable historical and cultural memorials;

59.1.2.to provide information regarding integrity, restoration of damage and emergency safeguarding of immovable historical and cultural memorials to a competent entity;

59.1.3.to explain and introduce the legislation concerning the protection of cultural heritage to citizens who come to see and study immovable historical and cultural memorials, registering them and checking their equipment;

59.1.4.to ban the use of special tools and metal detectors in the area of immovable historical and cultural memorials;

/This sub-paragraph was amended by the law as of January 6, 2023/

59.1.5.to prohibit and intercept illegal prospecting and excavation, as well as inform and document such activities;

59.1.6.to inform the state inspector and relevant legal enforcement authorities about the entity which failed to fulfill legal requirements;

59.1.7.to reside permanently in the vicinity of the protected cultural heritage.

CHAPTER THIRTEEN

MISCELLANEOUS

Article 60.Liabilities to be imposed on the violators of the Law

60.1.If the actions of officials who violate this Law are not in criminal nature, they shall be held liable as provided in the Law on Civil Service.

60.2.Any person or legal entity who violates this Law shall be charged with the liability specified in the Criminal Code or the Law on Violations.

/This article was modified by the law as of December 4, 2015/

Article 61.Entry into force of the Law

61.1.This Law shall enter into force on July 1, 2014, and paragraphs 20.3, 20.4, 20.5, 46.6 and 58.1 of same Law on January 1, 2015.

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