(2023.09.19-ний өдрийн орчуулга)                                            Unofficial translation

LAW OF MONGOLIA

January 19, 2012              Ulaanbaatar city

ON SOCIAL WELFARE

/Revised edition/

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the Law

1.1.The purpose of this Law is to regulate relations in connection with determining the type and scope of social welfare pensions, allowances, and services, forming a social welfare fund, spending the fund's assets, providing social welfare and social development services, and determining the system and functions of social welfare organizations.

Article 2.Legislation on social welfare

2.1.Legislation on social welfare shall consist of the Constitution of Mongolia, this Law, and other legislative acts issued in compliance with these laws.

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

Article 3.Definition of terms of the Law

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

3.1.1."social welfare" shall mean the actions to provide pensions and allowances by the state and provide special services for the purpose of providing care and support to citizens with a health impairment, a lack of family care and support, unique needs, or who are unable to live independently or without the help of others, as well as to family members who need social care support and assistance to meet the minimum needs;

3.1.2."member-citizen of a family in need of social welfare support and assistance" shall mean a household member selected from households whose living standards are below the poverty line at that time, included in the general database of households according to the methodology jointly approved by the National Statistics Committee and the state central administrative organization in charge of social welfare;

3.1.3.a child who is in a risky situation shall mean as specified in paragraph 4.1 of the Law on Child Protection;

/This sub-paragraph was modified by the law as of February 5, 2016/

3.1.4."elderly" shall mean a person specified in Article 3 of the Law on Social Security of the Elderly;

3.1.5."a person with disabilities" shall mean a person specified in Article 3 of the Law on Social Security of Citizens with disabilities;

3.1.6."a citizen in need of constant care" shall mean a person who is unable to perform daily activities independently without the help of others, or has an intellectual disability or a severe mental disorder;

3.1.7."full orphan" shall mean a child whose parents have not been determined, or both parents are dead, missing, have no legal capacity, or have been restricted or deprived of parental rights by a court decision, during the validity period of that decision, as well as children up to 18 years of age whose mother died while living with their mother due to unknown father, or whose mother/father caring for them died after divorce;

3.1.8."single mother/father/" shall mean one of the husband or wife who has been determined as dead or missing by a court, has been divorced, or has been restricted or deprived of parental rights by a court decision during the period of validity of that decision, unmarried but single mothers/fathers with biological or adopted children;

3.1.9."specialized care service" shall mean care and support, food, clothing, and hospital accommodation for elderly and disabled citizens who are frail and unable to live independently, single, need permanent treatment and care, as well as children in critical conditions, providing cultural, household, psychological and nursing services, creating normal living conditions for them, and protecting their legal interests in accordance with laws and regulations;

3.1.10."welfare services based on public participation" shall mean activities of providing support and services to families and citizens with the participation of citizens, enterprises, governmental and non-governmental organizations;

3.1.11."threshold line" shall mean the limit set by the state central administrative organization in charge of social security in order to assign points to the households registered in the unified database specified in paragraph 29.1 of this Law.

/This sub-paragraph was added by the law as of November 10, 2016/

Article 4.Scope of social welfare

4.1.Citizens of Mongolia, foreign citizens legally residing in Mongolia, and stateless persons who meet the conditions, criteria and conditions specified in this Law and other relevant laws and regulations shall be entitled to participate in social welfare activities.

Article 5.Types of social welfare activities

5.1.Social welfare activities shall have the following types:

5.1.1.social welfare pension;

5.1.2.social welfare allowances;

5.1.3.social welfare services;

5.1.4.social development services.

CHAPTER TWO

SOCIAL WELFARE FUND

Article 6.Social welfare fund and its structure

6.1.Social welfare fund /hereinafter referred to as "welfare fund"/ shall be a cash fund.

6.2.The welfare fund has the following types:

6.2.1.pension and allowance fund;

6.2.2.social service fund.

Article 7.Sources of welfare fund income

7.1.Income of the welfare fund consists of the following sources:

7.1.1.State and local budget funds;

7.1.2.interest on depositing the free balance of the fund's assets in the bank;

7.1.3.donations and assistance from international organizations and foreign countries;

7.1.4.donations and assistance given by enterprises, organizations and citizens;

7.1.5.other sources.

7.2.The income of the welfare fund shall be exempted from all kinds of taxes and fees.

Article 8.Spending of welfare funds

8.1.Funds of the pension and allowances fund shall be used only for social welfare pensions and allowances.

8.2.The assets of the Social service fund shall be used to finance the following services and activities:

8.2.1.cash allowance to support living;

8.2.2.welfare services based on public participation;

8.2.3.specialized care services;

8.2.4.social development services;

8.2.5.the costs of testing new types of services and providing services to citizens excluded from social welfare due to changes in legislation;

8.2.6.incentives provided to non-full-time members of the Living support council, social worker of the sub-committee, as specified in paragraph 27.1 of this Law;

8.2.7.expenses related to social worker capacity building and qualification training, creating and updating a unified registration and information system;

8.2.8.expenses for research, analysis and evaluation of the results of social welfare activities;

8.2.9.other service costs are allowed in accordance with relevant legislation.

8.3.It shall be prohibited to spend the funds of the welfare fund for inappropriate purposes.

Article 9.Funds allocated from the state budget to the welfare fund

9.1.The amount of funds to be allocated to the welfare fund from the state budget shall be determined by the annual budget law, taking into account the proposal of the Government.

Article 10.Preparation and reporting of welfare fund balance sheet

10.1.Income and expenditure report of each welfare fund shall be submitted and reported in the following period:

10.1.1.soum and district social welfare service organizations shall prepare quarterly reports within the 10th of the month following the current quarter, and submit year-end consolidated reports within January 10 of the following year to the provincial and capital city social welfare service organizations;

10.1.2.aimag and capital city social welfare service organizations shall submit quarterly reports within the 15th of the following month, and year-end consolidated reports within January 20 of the following year, respectively, and submit them to the state administrative organization in charge of social welfare;

10.1.3.the state administrative organization in charge of social welfare shall submit the consolidated quarterly report of the welfare fund by the 25th of the month following the quarter, and the year-end consolidated report by February 10 of the following year, respectively, to the state central administrative organization.

10.2.The state central administrative organization in charge of social welfare shall review and issue a conclusion on the end-of-year balance sheet of the welfare fund.

Article 11.Approval of welfare fund news and report forms

11.1.The model of welfare fund news and report form shall be jointly approved by the Cabinet members in charge of financial, budgetary and social welfare issues.

CHAPTER THREE

SOCIAL WELFARE PENSIONS AND ALLOWANCES

Article 12.Social welfare pension

12.1.The social welfare pension /hereinafter referred to as "pension"/ shall be paid monthly to the following citizens who have not been entitled to receive a full or proportional pension in accordance with the social insurance legislation:

/This paragraph was amended by the law as of February 2, 2018/

/"About" was removed from this paragraph by the law as of July 7, 2023 and shall be enforced from January 1, 2024/

12.1.1.65 aged adult citizen;

/This sub-paragraph was amended by the law as of April 14, 2017/

/This sub-paragraph was amended by the law as of February 02, 2018/

/This sub-paragraph was modified by the law as of July 7, 2023 and shall be enforced from January 1, 2024/

12.1.2.16 aged adult dwarf citizen;

12.1.3.16 aged adults with disabilities who have lost their ability to work by 50 percent or more;

12.1.4.a child under the age of 18 whose guardian has died;

12.1.5.45 aged single adult mothers and 50 adult fathers with four or more children under the age of 18.

12.2.When granting a pension to a citizen specified in sub-paragraph 12.1.1 of this Law, the age specified in sub-paragraph 5.1.1 of the Law on Pensions to be provided by the Social insurance fund shall be followed.

/This sub-paragraph was added by the law as of July 7, 2023 and shall be enforced from January 1, 2024/

Article 13.Social welfare allowances

13.1.Social welfare allowances /hereinafter referred to as "allowances"/ shall have the following types:

13.1.1.maintenance allowance;

13.1.2.household member-citizen allowances who need social welfare support and assistance;

13.1.3.emergency and cost of living allowances;

13.1.4.allowance for mothers with pregnant, newborn and nursing children.

/This sub-paragraph was invalidated by the law of June 30, 2017/

13.1.5.child monetary allowances;

/This sub-paragraph was added by the law of November 10, 2016/

/This sub-paragraph was invalidated by the law of November 12, 2021/

13.1.6.child monetary allowance.

/This sub-paragraph was added by the law of November 11, 2022/

13.2.Care allowance shall be granted to the following citizens:

13.2.1.who takes care of and supports orphans who have been adopted and children who are at risk;

/This sub-paragraph was amended by the law as of February 5, 2016/

13.2.2.In order to ensure the safety of children who are taken into care by their families in accordance with article 74 of the Family Law who need protection due to emotional or physical harm due to violence or stated in paragraph 25.5 of the Family Law, is included in the alternative child care services as specified in Article 13 of the Child Protection Law.

/This sub-paragraph was amended by the law as of February 5, 2016/

13.2.3.taking care of a single elderly person or a single person with a disability who does not have children to support;

13.2.4.taking care of elderly and disabled children and citizens who are under medical supervision and need constant care.

13.3.Household members-citizens in need of social welfare support and assistance will be given monthly allowances to household members-citizens specified in sub-paragraph 3.1.2 of this Law.

13.4.The terms and conditions of granting allowances to household members-citizens who are in need of social welfare support and assistance shall be regulated by the procedure approved by the Government.

13.5.Cash allowances for emergency and living support shall be granted to the following households and citizens:

13.5.1.a household whose home is no longer livable or whose source of living has been lost due to sudden danger, accident, or other unforeseeable reasons;

13.5.2.citizens aged 18-24 who became orphans under the age of 18;

13.5.3.a household member-citizen who is released from prison and does not have his own home and needs social care support and assistance;

/This sub-paragraph was modified by the law as of January 23, 2015/

13.5.4.homeless or single parents with four or more children under the age of 18 who need social welfare support and assistance;

/This sub-paragraph was amended by the law as of January 23, 2015/

13.5.5.families and citizens who give birth to two or more twins and raise them safely, except for those specified in sub-paragraph 19.2.4 of this Law;

/This sub-paragraph was invalidated by the law as of June 30, 2017/

13.5.6.for children up to the age of 16 who need constant care, an amount equal to the social welfare pension set by the Government at that time.

/This sub-paragraph was amended by the law as of February 7, 2013/

13.5.7.a citizen aged 16 or older who needs constant care;

13.5.8.a single mother/father with three or more children under the age of 14;

/This sub-paragraph was invalidated by the law as of June 30, 2017/

13.5.9.monetary support of the "Mother's Glory" First Class medal or the "Mother's Glory" Second Class medal without duplication.

13.6.Cash allowances in emergency and living support shall be provided once to households and citizens specified in sub-paragraphs 13.5.1-13.5.4 of this Law, once a month to children specified in sub-paragraph 13.5.6 of this Law, and quarterly to citizens specified in sub-paragraph 13.5.7 of this Law, once a year to citizens specified in sub-paragraph 13.5.9 of this Law.

/This paragraph was amended by the law as of June 30, 2017/

13.7.Allowance for pregnant women and mothers with newborn and nursing children will be paid monthly for 12 months starting from 5 months of pregnancy.

/This paragraph was invalidated by the law as of June 30, 2017/

13.8.If the mother specified in sub-paragraph 13.7 of this Law dies after giving birth to the child, the child's father or legal guardian or adoptive mother/father has the right to continue receiving allowances.

/This paragraph was invalidated by the law as of June 30, 2017/

13.9.Citizens specified in paragraph 13.2 of this Law shall be enrolled in training for acquiring skills in care, nursing and nursing services, and the cost of such training shall be financed from the social service fund.

13.10.The procedure for organizing the training and the training program specified in paragraph 13.9 of this Law shall be approved by the head of the state administrative organization in charge of social welfare.

13.11.The list of criteria, diseases, and injuries to identify the elderly, disabled children and citizens specified in sub-paragraph 13.2.4 of this Law shall be jointly approved by the Cabinet members in charge of health and social security.

/This paragraph was added by the law as of November 10, 2016/

13.12.The Government shall approve the procedure for granting child allowances specified in sub-paragraph 13.1.5 of this Law.

/This paragraph was added by the law as of November 10, 2016/

/This paragraph was invalidated by the law as of November 12, 2021/

13.13.The Government shall approve the procedure for granting child allowances specified in sub-paragraph 13.1.6 of this Law.

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

Article 14.Deadline for filing and processing applications for determining pensions and allowances

14.1.Citizens who want to receive a pension or allowance shall prepare the relevant documents and submit them to the social worker of the soum or khoroo together with the application.

14.2.The social worker of the soum or khoroo shall process the application for determining pension and allowances within 30 days after receiving it.

14.3.The Cabinet member in charge of social welfare shall approve the model of the citizen book and form for receiving pensions and allowances.

Article 15.Provision of pensions and allowances

15.1.The social welfare service organization shall issue pensions and allowances through the bank.

15.2.If the pensioner or allowance recipient makes a request for good reason, the pension or allowance for the quarter can be paid in bulk in the first month of the quarter.

15.3.Citizens who are unable to come to receive their pensions and allowances in person due to good reasons, their pensions and allowances shall be deliver by their authorized citizen or an authorized employee of a social welfare organization to their home.

15.4.Pensions and allowances for children up to the age of 16 shall be given to their parents, guardians or supporters.

15.5.If a citizen requests, the social welfare service organization can transfer the pensions and allowances to the citizens savings account.

Article 16.The amount of pensions and allowances and the procedure for granting them

16.1.The amount of pensions and allowances shall be determined by the Government based on the minimum living standards of the population at that time.

16.2.The Government shall approve the period of pensions and allowances and the procedure for granting them.

CHAPTER FOUR

SOCIAL WELFARE SERVICES

Article 17.Types of social welfare services

17.1.Social care services shall have the following types:

17.1.1.welfare services based on public participation;

17.1.2.specialized care services.

Article 18.Welfare services based on public participation

18.1.Welfare services based on public participation shall have the following types:

18.1.1.to organize training for the purpose of imparting life beliefs, ability to live independently, work habits, and supporting talents;

18.1.2.to consult;

18.1.3.inclusion in rehabilitation services;

18.1.4.to take care of a person who has been subjected to violence by temporary placement;

18.1.5.inclusion in day services;

18.1.6.inclusion in home care and welfare services;

18.1.7.providing other social welfare services based on the needs of citizens and their families;

18.1.8.increasing the living confidence of homeless citizens and their household members, socializing them, documenting them, and placing them in temporary accommodation;

18.1.9.socialization of families and citizens in need of social welfare support and assistance specified in sub-paragraph 3.1.2 and paragraph 18.2 of this Law, implementation of projects to create community groups, provide sources of income, and training in life skills;

18.1.10.to include victims of domestic violence in temporary shelter services.

/This paragraph was added by the law as of December 22, 2016/

18.2.The following households and citizens shall be included in welfare services based on public participation:

18.2.1.the elderly;

18.2.2.disabled citizen;

18.2.3.a child in a risky situation;

/This sub-paragraph was amended by the law as of February 5, 2016/

18.2.4.a citizen affected by violence;

18.2.5.a citizen released from prison;

18.2.6.a citizen suffering from alcoholism or drug addiction;

18.2.7.a person with an incurable serious illness;

18.2.8.families and citizens who live as homeless wanderers;

18.2.9.a member-citizen of the household and a citizen specified in sub-paragraph 3.1.2 of this Law, who has migrated;

18.2.10.single mother/father/;

18.2.11.household with disabled children;

/This sub-paragraph was added by the law as of February 7, 2013/

18.2.12.children of single mothers and fathers with three or more children.

/This sub-paragraph was added by the law as of June 30, 2017/

18.3.Funds required for social welfare services based on community participation shall be calculated and delivered to the state administrative organization in charge of social welfare by social welfare service organizations of aimag, capital city, and district based on the proposal of the Living support council of soum and khoroo.

18.4.The state administrative organization in charge of social welfare issues shall aggregate the statewide amount and include it in the annual budget draft.

18.5.Aimag, capital city, and district social welfare service organizations may provide services specified in paragraph 17.1 of this Law to citizens, enterprises, and non-governmental organizations on the basis of contracts.

18.6.The selection of citizens, enterprises and non-governmental organizations specified in paragraph 18.5 of this Law shall be carried out by social welfare service organizations of aimag, capital city and district.

18.7.The model of the contract with citizens, enterprises, and non-governmental organizations that will provide welfare services based on public participation, and the methodology and instructions for determining the number of citizens to be served and the amount of funds required shall be approved by the state administrative body in charge of social welfare.

18.8.The criteria and procedures for the quality of welfare services based on public participation shall be approved by the Cabinet member in charge of social welfare.

18.9.The procedure for accrediting citizens, enterprises, and non-governmental organizations providing welfare services based on public participation in accordance with paragraph 18.8 of this Law shall be approved by the Cabinet member in charge of social welfare.

/This paragraph was added by the law as of February 7, 2013/

Article 19.Specialized care services

19.1.Specialized care services shall have the following types:

19.1.1.elderly care services;

19.1.2.care services for citizens with disabilities;

19.1.3.care services for children under the age of 18 in difficult conditions;

19.1.4.care services for triplets or more twins.

19.2.The following citizens shall be included in specialized care services:

19.2.1.an elderly, who does not have a child to care, a single person unable to live independently, or  child is elderly or unable to provide support or help due to a disability, or it is detected that the person responsible to support has committed violence against that elderly person, and unable to access dependent care services on the basis of public participation;

19.2.2.a single disabled citizen who requires professional services and special conditions, does not have dependent children, and is unable to live independently;

19.2.3.a child under 18 years of age with a disability who is in a difficult situation, or under permanent care specified in paragraph 25.5 of the Family Law;

19.2.4.triplets or more twins up to the age of four whose parents have agreed to raise them in specialized orphanages at the expense of the state.

19.3.Care services specified in sub-paragraphs 19.1.2 and 19.1.3 of this Law can be classified and diversified in detail, taking into account the unique needs, age, and gender of the client.

19.4.The governor of the aimag, capital city and district shall make the decision on the  inclusion of children and citizens in specialized care services, as specified in sub-paragraphs 19.2.1-19.2.4 of this Law, based on the proposal of the social welfare service organization of the aimag, capital city and district.

19.5.The Cabinet member in charge of social welfare shall approve and implement the following norms of expenses, duration of assets, and procedures for citizens included in specialized care services:

19.5.1.Normative cost and shelf life of food, clothing, medicine, sanitary and school supplies per person;

19.5.2.Normative cost of burial of a deceased citizen.

19.6.The standards of specialized care services shall be approved by the state administrative organization in charge of standardization and technical regulation.

/This paragraph was amended by the law as of December 21, 2017/

19.7.The Cabinet member in charge of social welfare shall approve the procedures for receiving, transferring, and releasing caregivers to specialized nursing homes, accrediting specialized nursing homes, creating, spending, and monitoring its budget.

19.8.70 percent of the determined pension of social insurance and welfare pensioners participating in specialized care services, 18 and older citizens with disabilities, and 30 percent of the established pension for the caregiving institution, approved by the Cabinet member in charge of social welfare.

19.9.Social welfare services can be provided with charge upon the requests of households and citizens, except for those specified in paragraphs 18.2 and 19.2 of this Law, and the amount of payment for the service shall be determined in consultation with the client.

19.10.Cabinet members in charge of social welfare and financial affairs shall jointly decide on the issue of providing rehabilitation services and day services for disabled children, providing child development centers and specialized care services to citizens, enterprises and non-governmental organizations organized according to the relevant standards.

/This paragraph was added by the law as of February 7, 2013/

CHAPTER FIVE

SOCIAL DEVELOPMENT SERVICES

Article 20.Education support services

20.1.Within the scope of education support services, the following assistance and support shall be provided:

20.1.1.Discounts on school supplies, textbooks, and uniforms if the child specified in paragraph 20.2 of this Law is studying in a preschool or general education school.

20.2.Education support services shall include the following citizens:

20.2.1.a member of the household specified in sub-paragraph 3.1.2 of this Law and child of a disabled citizen;

20.2.2.disabled child;

20.2.3.full and half orphans;

20.2.4.child of a citizen living a homeless life;

20.2.5.a child participating in specialized care services;

20.2.6.a child released from prison;

20.2.7.children of single mothers and fathers whose income is below the threshold specified in sub-paragraph 3.1.11 of this Law.

/This sub-paragraph was added by the law as of June 30, 2017/

20.3.If the child specified in sub-paragraphs 20.2.2, 20.2.4, and 20.2.6 of this Law is attending in informal training, he/ she shall be granted full or partial discounts specified in sub-paragraph 20.1.1 of this Law.

20.4.If a child is receiving educational expenses from the orphanage specified in sub-paragraph 20.2.5 of this Law, the assistance and support of this Law shall not be provided in duplicate.

20.5.Education support services shall be jointly approved by the state central administrative organization in charge of social welfare and education, and the costs of the respective assistance and support shall be taken from the budget portfolio of the Cabinet member.

Article 21.Health promotion services

21.1.The following assistance and support shall be provided within the scope of health promotion services:

21.1.1.full or partial payment of health insurance premiums for household-member citizens specified in sub-paragraph 3.1.2 of this Law;

21.1.2.other health services provided to social care recipients.

21.2.The assistance and support specified in sub-paragraph 21.1.1 of this Law shall be regulated by the Law on Citizen's health insurance.

21.3.The procedure for providing assistance and support specified in sub-paragraph 21.1.2 of this Law shall be approved by the Cabinet member in charge of health issues, and the expenses shall be paid from his/ her budget package.

Article 22.Food support services

22.1.The following household member-citizens and citizens shall be included in the food support services:

22.1.1.among the household member-citizens specified in sub-paragraph 3.1.2 of this Law, the household member-citizen who is in need of food supply as determined by the state central administrative organization in charge of social welfare;

22.1.2.vagrant and homeless citizen.

22.2.Nutritional support services shall be in the following form:

22.2.1.issuing vouchers for purchasing food products or food products;

22.2.2.serving hot food and tea.

22.3.The program, procedure and amount of food support services shall be approved by the state central administrative organization in charge of social welfare.

22.4.The Government shall approve the procedure for identifying household member-citizens who are in need of social welfare support and assistance for each of the allowances specified in sub-paragraph 13.1.2 and services specified in sub-paragraphs 20.2.1, 21.1.1, and 22.1.1 of this Law.

CHAPTER SIX

MANAGEMENT AND ORGANIZATION OF SOCIAL WELFARE ACTIVITIES

Article 23.Social welfare organization

23.1.Social welfare activities shall be carried out by the state central administrative organization in charge of social welfare at the national level, and by the Governor of the respective level in the local area within the scope of their respective powers.

Article 24.System and control of social welfare organizations

24.1.The system of social welfare organizations shall consist of the state central administrative organization in charge of social welfare, the state administrative organization in charge of social welfare, social welfare service organizations of aimag, capital city and district, and social workers of soum and khoroo.

24.2.The state administrative organization in charge of social welfare is an agency with the functions of the Government.

24.3.The head of the state administrative organization in charge of social welfare shall be nominated in accordance with the law, shall be appointed and released based on the proposal of the Cabinet member in charge of social welfare by the Government, the head of the social welfare service organization of aimag and capital city shall be appointed and released by the head of the state administrative organization in charge of social welfare, and the head of the district social welfare service shall be appointed and released by the head of the social welfare service of the capital city in consultation with the governor of that level.

/This paragraph was amended by the law as of September 14, 2012/

/This paragraph was amended by the law as of June 27, 2018/

24.4.Social workers of soum shall be appointed and released by the head of social welfare service organization of the aimag in consultation with the Governor of soum, and social workers of khoroo shall be appointed and released by the head of social welfare service organization of the district.

24.5.The Cabinet member in charge of social welfare shall approve the standard norms for the number of social workers of the soum and khoroo, in consideration of the population of the administrative unit, the number of households and citizens eligible for social welfare.

24.6.Provision of pensions and allowances, provision of social welfare and social development services shall be organized by social welfare service organizations of aimag, capital city and district, and social workers of soum and khoroo.

24.7.Control of social welfare shall be carried out by the state central administrative organization in charge of social welfare and the authorized body for inspection.

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

24.8.The state administrative organization in charge of social welfare shall have a control, analysis and evaluation unit with the functions of providing professional advice to primary and secondary organizations of social welfare services, providing pensions and allowances, quality of services and monitoring welfare fund expenditure.

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

24.9.Social welfare service organizations of aimag, capital city, and district shall have employees with the functions specified in paragraph 24.8 of this Law.

Article 25.Powers of the state administrative organization in charge of social welfare

25.1.The state administrative organization in charge of social welfare shall exercise the following powers:

25.1.1.to create a welfare fund, ensure and report the performance of income and expenses;

25.1.2.to organize and report on the provision of pensions and allowances, social welfare and social development services from the welfare fund;

25.1.3.to conduct research on the improvement of the social welfare organization's operating methods, formulate proposals and resolve them or submit them to the competent authorities;

25.1.4.to include government and non-government organizations engaged in social welfare and care activities in the integrated information network, to provide professional and methodological assistance and support to them, and coordinate their activities;

25.1.5.to provide lower-level organizations with professional and methodical management and coordinate their activities;

25.1.6.to cooperate with similar organizations of international and foreign countries;

25.1.7.to develop proposals for changing the amount of pensions and allowances specified in this Law related to improving social welfare and social development services, and submit them to the state central administrative organization in charge of social welfare;

25.1.8.if necessary, collect the not-spent balance of the aimag, capital city, and district welfare funds and distribute them in a unified manner;

25.1.9.to receive and resolve suggestions, requests, petitions and complaints of citizens and organizations related to the implementation of laws and regulations on social welfare;

25.1.10.to change or annul the illegal decision made by the official of the social welfare service organization of the aimag, capital city, or district;

25.1.11.to organize the implementation of approved national programs and measures in the field of supporting population, household and social development;

25.1.12.to collect information, research and other related documents from organizations and officials free of charge for the implementation of social welfare legislation.

Article 26.Organization of social welfare and care services

26.1.State, regional and local nursing homes and departments shall provide specialized care services, and social welfare services shall be organized by welfare service organizations of aimag, capital city and district and social workers of soum and khoroo.

26.2.Citizens, private enterprises and non-governmental organizations may provide social welfare and care services.

26.3.Citizens, enterprises, and organizations specified in paragraph 26.2 of this Law shall be registered by the state administrative organization in charge of social welfare and issue certificates.

26.4.If a citizen, enterprise, or organization as specified in paragraph 26.2 of this Law harms the interests of caregivers or clients, a decision shall be made to stop the activity.

26.5.The costs of social care and care services provided by citizens, enterprises, and organizations specified in paragraph 26.2 of this Law may be partially or fully financed from the local budget and welfare fund on the basis of a contract.

26.6.The procedure for entering into a contract for cooperation with a person providing social care and welfare services specified in paragraph 26.2 of this Law shall be approved and implemented by the state administrative organization in charge of social welfare.

Article 27.Living Support Council

27.1.Non-full-time living Support Council /hereinafter referred to as "Council"/ responsible for making decisions on whether citizens are  included in social welfare activities and receiving and resolving complaints related to welfare activities, other than those specified in sub-paragraphs 3.1.2, 3.1.5, and 18.2.4 of this Law shall work in the soum and khoroo.

/This paragraph was amended by the law as of December 22, 2016/

27.2.The composition of the council shall be approved by the head of the social welfare service organization of the aimag or district upon the proposal of the governor of the soum or khoroo.

/This paragraph was amended by the law as of July 7, 2023 and shall be enforced from January 1, 2024/

27.3.The Council shall consist of 7 members and shall consist of the following representatives:

27.3.1.one social worker;

27.3.2.two representatives of state organizations;

27.3.3.two citizens' representatives;

27.3.4.two representatives of non-governmental organizations.

27.4.The Governor shall not be nominated as a member of the Council.

27.5.The term of office of a member of the Council specified in sub-paragraphs 27.3.3 and 27.3.4 of this Law shall be 2 years, and the member may be re-elected once.

27.6.The activities of the council shall be supervised by the governor of the soum and khoroo, and the head of the social welfare service organization of the aimag and district.

/This sub-paragraph was modified by the law as of July 7, 2023 and shall be enforced from January 1, 2024/

27.7.The decision of the Council shall be open to the public and transparent, except as specified in the Law on Protection of personal information.

/This section was amended by the law as of December 17, 2021/

27.8.Bagh or villages with a population of more than 2000 may have a Council based on the decision of the Citizens' Representatives' Khural of soum.

27.9.Necessary expenses related to the activities of the council shall be financed from the welfare fund.

27.10.Council members and social workers of sub-committees shall be given incentive once a quarter, in consideration of their participation and active efforts, and the amount and procedure for the incentive shall be approved by the Cabinet member in charge of social welfare.

27.11.Expenditures for incentives specified in paragraph 27.10 of this Law shall be financed from the welfare fund.

27.12.The rules of the council shall be approved by the Cabinet member in charge of social welfare.

Article 28.Social worker

28.1.Citizens who have a bachelor's degree or higher in the profession of social worker, who have attended social work specialization training, and who are authorized to provide work and services shall be employed as social workers.

28.2.The social worker shall have a code of professional ethics.

28.3.The social worker shall strictly follow professional ethics and has received a certificate of the right to perform work and services and a personal badge.

28.4.The non-full-time council next to the state central administrative organization in charge of social welfare shall perform actions to issue certificates of the right to work and provide services, personal badges, and enforce the code of conduct for social workers.

28.5.The composition of the non-full-time council consists of representatives of social work professional associations, universities that train social workers, and relevant state administrative organizations.

28.6.The Cabinet members in charge of social welfare shall approve the composition of the non-full-time council, the working rules, and the amount of incentive to be paid to the council members specified in paragraph 28.4 of this Law.

28.7.Necessary costs related to the activities of the non-full-time council and incentives for non-full-time council members shall be financed from the welfare fund.

28.8.The social worker shall undertake the following duties:

28.8.1.to conduct research on the number and needs of households and citizens eligible for social welfare of the soum and khoroo, and create a database;

28.8.2.to evaluate the situation of households and citizens to be included social care, make and implement development plans in cooperation with the households and citizens;

28.8.3.to determine and decide on households and citizens eligible for pensions and allowances, social welfare and social development services;

28.8.4.to provide professional and methodological assistance to organize families and citizens into groups according to their wishes, goals and needs;

28.8.5.to provide advice and organizing training to help families and citizens to improve their livings;

28.8.6.to provide information, provide professional and methodological assistance and cooperate with local citizens, enterprises, governmental and non-governmental organizations;

28.8.7.to strictly observe the social worker's professional ethical standards;

28.8.8.to strictly maintain the confidentiality of an individual's contact with a social worker /except for reporting illegal actions/;

28.8.9.to implement laws, regulations and instructions on social welfare;

28.8.10.to organize the implementation of approved national programs and measures in the area of ​​supporting population and family development in the local area in cooperation with health, education and other social workers;

28.8.11.provide citizens with complete information about social welfare pensions, allowances, and services;

/This sub-paragraph was added by the law as of February 7, 2013/

28.8.12.to mediate with organizations that provide social development services such as health and education support in order to effectively include households and citizens in social welfare services.

/This sub-paragraph was added by the law as of February 7, 2013/

28.9.The social worker shall have the following rights:

28.9.1.to participate in the selection of organizations and citizens to perform social welfare and social development services under contract, to monitor and evaluate the quality of their services;

28.9.2.to collect necessary news, research and related documents from the organization free of charge;

28.9.3.to obtain explanations and inquiries related to welfare fund spending and other financial documents;

28.9.4.to refuse to act contrary to professional ethics, rights, and duties, and against the client;

28.9.5.to involve local organizations and citizens in providing social welfare and social development services;

28.9.6.to be provided with a special room or workplace with separation and necessary equipment and equipment due to the nature of the work.

CHAPTER SEVEN

INTEGRATED SYSTEM OF REGISTRATION AND INFORMATION OF SOCIAL WELFARE SERVICES

Article 29.Social welfare records and information

29.1.The state administrative organization in charge of social welfare shall be responsible for creating the unified database of social welfare service recipients and households specified in sub-paragraph 3.1.2 of this Law and maintaining it normally and updating regularly.

29.2.The Government shall approve the procedures for managing, using, maintaining and ensuring the security of the unified household database specified in sub-paragraph 3.1.2 of this Law.

/This sub-paragraph was modified by the law as of January 23, 2015/

29.3.The expenses related to the implementation of paragraph 29.1 of this Law shall be financed from the welfare fund.

CHAPTER EIGHT

MISCELLANEOUS

Article 30.Termination of pensions and allowances and deductions from them

30.1.If it is found that the pensioner and allowance recipient has received a pension and allowance by creating false documents, the provision of the pension and allowance shall be terminated.

30.2.Deductions may be made if a court decision or a state inspector's decision is issued to compensate the pensioner or allowance recipient for the extra pension or allowance due to the creation of false documents.

30.3.The amount of deduction specified in paragraph 30.2 of this Law shall not exceed 50 percent of the monthly pension and allowances.

30.4.A deduction from pensions and allowances shall be prohibited except as specified in paragraph 30.2 of this Law.

30.5.Pensions and allowances that have been granted in excess due to mistakes made by social welfare service organizations and employees shall not be withheld, and damages shall be compensated by the guilty official through the judicial procedure.

Article 31.Liabilities to be imposed on the violators of the Law

31.1.If an action of an official who violates this Law does not have a criminal nature, he/ she shall be responsible in accordance with the Law on Civil service.

31.2.Any person or legal entity who violates this Law, shall be responsible in accordance with the Criminal Code or the Law on Violations.

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

Article 32.Entry into force of the Law

32.1.This Law shall enter into force on July 1, 2012.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA

DEMBEREL.D