
(2023.10.20-ны өдрийн орчуулга) Unofficial translation
LAW OF MONGOLIA
July 7, 2023 Ulaanbaatar city
GENERAL LAW ON EDUCATION
/Revised edition/
Chapter one
GENERAL PROVISIONS
Article 1.Purpose of the law
1.1.The purpose of this Law shall be to regulate the relations in connection with establishing educational goals, principles, systems, legal status and social guarantees of participants in educational relations.
Article 2.Education legislation
2.1.The education legislation shall consist of the Constitution of Mongolia, the Law on Preschool and General Education, the Law on Technical and Vocational Education and Training, the Law on Higher Education, the Law on Supporting Teachers Development, this Law, and other legislative acts enacted in conformity 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.Definitions of terms in the Law
3.1.The following terms used in this Law shall be understood as follows:
3.1.1."general education" means education to be acquired during a total period of 12 years, including pre-school, basic and secondary education levels;
3.1.2."education content" means a set of knowledge, skills and behavior/maturity of the respective level of education that appropriate for students to obtain;
3.1.3."education level" means pre-school, basic, secondary education, technical and vocational education and training, and higher education;
3.1.4."credit-hour" means a unit to measure the volume of education content;
3.1.5."distance-learning" refers to educational activities that organize education content for students regardless of space and time;
3.1.6."professional guidance" means a category of programs of acquiring professions;
3.1.7."lifelong learning" means continuous development and improvement of professions, education, knowledge and/or abilities through formal and informal training and learning in the living environment, regardless of space and time, in complying with a human's needs, interests, opportunities, and conditions;
3.1.8."formal education" means the structured activity for students to acquire an education in accordance with an educational program approved by the authorized institution, and the results are confirmed by educational documents;
3.1.9."informal education" means the activities of citizens and legal entities to acquire skills and/or education according to the training program developed in accordance with human needs and interests;
3.1.10."learning in the living environment" means the activity of acquiring skills and/or education independently in a human's work, life, and/or social environment;
3.1.11."student" means a person who is officially studying at an educational institution;
3.1.12."educational environment" means material and psychological conditions, learning and training relationships that meet standards and technological regulations approved by the competent authorities for the implementation of the educational program;
3.1.13."programs of study" means a comprehensive document that reflects the knowledge, abilities, maturity, goals, objectives, evaluation, methodology, environment, and tools to be acquired by a student;
3.1.14."maturity" means education, attitudes, and values to cherish;
3.1.15."national qualifications framework" means the framework in which abilities and competencies possessed by a person are categorized and diversified and ranked by level;
3.1.16."variable costs" means the average amount of costs based on direct and indirect costs per student required for the implementation of pre-school education, general education, vocational and technical education program;
3.1.17."electronic-learning" means educational activities organized using electronic technology;
3.1.18."military and police higher education institution" means a legal entity engaged in training in the field of armed forces, intelligence, border protection, police, emergency services;
3.1.19."educational assessment" means the process of collecting, analyzing, evaluating, verifying and reporting information on progress and results of educational and training activities using electronic technology;
3.1.20."quality assurance" means the process of assessing and improving the quality of education and training, as well as verifying results, whether they meet the requirements, quality criteria, and standards specified in the law;
3.1.21."external assessment" means an assessment by an authorized professional organization;
3.1.22."accreditation" means the process of professional and independent assessment and recognition of progress within the professional framework of whether the quality of educational institutions and programs meets the criteria set by the competent authority;
3.1.23."endowment fund" means cash and other funds transferred to higher education institutions by individuals, enterprises, and organizations without a purpose of making a profit;
3.1.24."distinct needs" means the needs of a person related to education related to disabilities, special talents, language, culture, gender, social, economic and locational differences.
Article 4.Purpose of education
4.1.Purpose of education in Mongolia is to provide equal opportunities for everyone to get quality education, to learn and work throughout their lives, and to cultivate citizens with morals and good character.
Article 5.Principles of education
5.1.Education shall be the priority sector of development, and the following principles shall be followed in its policies and activities:
5.1.1.to be based on common national and human culture, values, heritage, and advanced scientific trends;
5.1.2.to be stable, coherent and flexible;
5.1.3.to be equally accessible, non-discriminatory and open;
5.1.4.to provide state and community participation and have a joint responsibility;
5.1.5.to support lifelong learning;
5.1.6.to comply with the national framework of qualifications;
5.1.7.to be free from conflicts of interest and politics;
5.1.8.to cherish human rights, freedom, statehood, history, cultural traditions and values, and to respect democratic and humanistic values.
5.2.Education financing system shall adhere to the principles of quality, performance, results-based, independent, transparent and efficient.
Article 6.Language in learning
6.1.Education in Mongolia shall be conducted in the official language of the country. The main foreign language to learn shall be English, without prejudice to the right to study in the native language and other foreign languages.
6.2.Educational institutions that meet the requirements set forth in the Law on Permits and this Law may engage in teaching activities in foreign languages.
6.3.Educational institution shall teach the content specified in paragraph 6.4 of this law in Mongolian language, and paragraph 6.1 of this law does not apply to study of foreign languages specified in a plan of the educational institution.
6.4.Students of educational institutions specified in paragraph 6.2 of this law shall learn Mongolian language, national script, literature, and Mongolian history in Mongolian language.
6.5.Courses and activities for the education of deaf students shall be conducted in the sign language specified in Article 12 of the Law on the Rights of Persons with Disabilities.
Article 7.Education system
7.1.The education system consists of formal and informal education, and learning in the living environment.
7.2.Formal education has the following levels: pre-school education, general education, vocational and technical education, and higher education.
7.3.Learning in the living environment can be accepted and its results can be guaranteed.
7.4.The content and standards of formal and informal education shall be determined in accordance with this law.
Article 8.Forms of education training
8.1.Training can be pursued in classroom or non-classroom or combination of these two.
8.2.Non-classroom training includes distance, alternative, electronic and practical training.
8.3.Students with disabilities may conduct individual training upon a request and permission of their parents, guardians, and supporters.
8.4.Vocational and technical education training can be in the form of combined or workplace training in addition to what is specified in paragraph 8.1 of this law.
Article 9.Educational and training documents
9.1.The educational document is an official confirmation of verifying the level of education content and profession acquired by a student.
9.2.Certificates shall be issued to graduates of basic and secondary education, certificates and licenses shall be issued to graduates of vocational and technical education, and diplomas shall be issued to graduates of technical and higher education.
9.3.Models of educational and training documents and the procedure for maintaining and issuing them shall be approved by the member of the Government in charge of education matters.
9.4.Training documents are student records, information, teacher's journal. Training documents can be in electronic form.
9.5.The procedure for equating education and training documents of foreign countries with education documents of Mongolia and mutual recognition of credit hours shall be approved by the member of the government in charge of education matters.
9.6.In case of transferring from a foreign or international educational institution to an educational institution in Mongolia, the procedure for evaluating and equating a student's skills and calculating credit hours shall be approved by the head of the state administrative body in charge of education matters.
9.7.Any educational document shall not be issued if the student does not fully acquire the educational content of that level.
9.8.Educational documents can be in paper-based and/or electronic-based forms.
Article 10.Rights and obligations of students
10.1.Student has the following rights:
10.1.1.to study in a healthy, safe, gender-equal environment and conditions;
10.1.2.to inherit traditional culture and customs, to communicate in the native language in the school environment;
10.1.3.to assess, recognize, compare and confirm his/her skills;
10.1.4.to obtain and monitor information on expenditure and usage of tuition fees and donations;
10.1.5.to participate in activities of an educational institution through the student's own management organization;
10.1.6.to express opinions and requests about the quality of education, curriculum and content, and participate in research and analysis;
10.1.7.to initiate and participate in humanitarian and voluntary activities;
10.1.8.to receive assistance, discounts, and social guarantees as specified in the law;
10.1.9.students with disabilities should be provided with the same opportunities and conditions for education as other students;
10.1.10.not to undergo medical examinations, tests, psychological counseling and tests without the consent of parents, guardians, supporters and students;
10.1.11.to be provided with equal opportunities for quality education regardless of different needs;
10.1.12.others prescribed by law.
10.2.Student has the following obligations:
10.2.1.to acquire the program and content of training;
10.2.2.to fulfill lawful requirements, duties and assignments of teachers and employees;
10.2.3.to cherish the relationship between teachers, employees, students, and the community, and respect others;
10.2.4.to fulfill obligations stated in a contract with the educational institution;
10.2.5.to acquire the general education;
10.2.6.to accept differences of others, respect human rights and freedoms, and refrain from discriminating, harassing, humiliating, degrading their dignity and reputation;
10.2.7.others prescribed by law.
Article 11.Social guarantees for students
11.1.The Government is responsible for variable costs per student in kindergarten, general education, vocational and technical education institutions.
11.2.Students of secondary schools can use a school bus.
11.3.Students in foreign and domestic vocational, technical and higher education institutions can receive student scholarships if they meet the criteria and requirements set by the Government.
11.4.Scholarships may be awarded to students in vocational and technical education institutions.
11.5.Tuition discounts, grants, and loans shall be granted to students studying the top and the most needed majors.
11.6.According to sub-paragraph 4.1.1 of the Law on the Rights of Persons with Disabilities, a student shall be provided with appropriate materials and support services required for education.
11.7.Other guarantees specified in the relevant legislation are provided.
Article 12.Professional development system of teachers and employees
12.1.Teachers and employees shall carry out the functions specified in educational legislations, occupational standards and job descriptions specified in paragraph 17.6 of the Labor Law.
12.2.The Government shall support elective classes of teaching in the senior classes of secondary schools, and the Government shall support a successful graduate to enroll in a higher education institution for teacher training.
12.3.The Government shall approve the procedure for providing support specified in paragraph 12.2 of this law.
12.4.The member of the Government in charge of education matters shall approve procedures for the professional development of teachers and employees, the procedures for organizing an elective class of teaching, and the requirements for training programs.
12.5.Higher education institution shall train the teacher through an accredited program. A citizen with a profession other than a teacher can work as a teacher by attending training in preparation of teachers.
12.6.The teacher preparation training shall be based on the principles set forth in sub-paragraph 5.1.4 of this Law and complies with the occupational standards set forth in paragraph 17.6 of the Labor Law.
12.7.Students who have successfully studied in the teacher training program shall receive tuition fee discounts and support from the Government.
12.8.Teachers of pre-school, general education, vocational and technical education institutions must have teaching certificates.
12.9.The right to teach specified in paragraph 8.5 of the Law on Support of Teacher Development shall be considered as having the teaching certificate specified in paragraph 12.8 of this Law.
12.10.The Government shall provide support to teachers who have signed a contract to work for at least three years at the request of the administration of province, soum, district, bagh, or village, or at their own request, for vacancies in kindergartens and secondary schools.
12.11.Teachers' professional development activities shall be organized at the national and local level in cooperation with the parties involved in educational relations, based on the educational institutions of that level and higher educational institutions for teacher training.
12.12.There is an electronic system for teacher professional development.
12.13.The center specified in sub-paragraph 3.1.3 of the Law on Support of Teacher Development shall have an independent unit to organize the professional development activities of teachers and employees, and the standard structure and staff of the unit shall be approved by the member of the Government in charge of education matters.
12.14.Teachers and administrators of state and local kindergartens, secondary schools, vocational education institutions, and polytechnic colleges can be transferred to work in other educational institutions of the same quality as the province, soum, district, bagh, or village.
12.15.The member of Government in charge of education matters shall approve the terms and procedures for the transfer of teachers and administrators specified in paragraph 12.14 of this law.
12.16.A graduate student of a higher education institution for teacher training can be employed as an apprentice teacher in accordance with Article 62 of the Labor Law in the vacant position of a kindergarten or secondary school teacher.
12.17.A teacher can earn additional income by concluding a parallel labor contract with another employer outside of the main working hours. This relationship shall be governed by Article 57 of the Labor Law.
Article 13.Rights and obligations of teachers, and social guarantees for teachers and employees
13.1.Teacher has the following rights:
13.1.1.to carry out obligations specified in the legislation in a healthy, safe, and standard-compliant environment and conditions, and to receive remuneration commensurate with the obligations performed;
13.1.2.to conduct research and analysis work;
13.1.3.annually undergo a preventive health examination in accordance with relevant legislation;
13.1.4.to develop and implement development policies, programs, plans, rules and regulations of educational institutions, budget and investment planning, and vote on decision-making;
13.1.5.to initiate and participate in humanitarian and voluntary activities;
13.1.6.to receive assistance, discounts, and social guarantees as specified in the law;
13.1.7.to be provided with the professional development environment and conditions based on the need to organize e-learning;
13.1.8.others prescribed by law.
13.2.Teacher has the following obligations:
13.2.1.to provide students with training programs and contents with high-quality and fully within the specified period;
13.2.2.effectively manage and organize training taking into account the different needs and learning levels of students;
13.2.3.to objectively evaluate the student's abilities, to support the study of their talents, development characteristics, needs, and requirements;
13.2.4.to study the maturity and personality of the student, discovering and developing interests, strengths, talents and abilities;
13.2.5.to respect students, to guide and develop them with the right attitude, recognize their independent position, opinion, and characteristics;
13.2.6.to preserve and protect personal privacy, not to discriminate against students, and to support learning methods;
13.2.7.strictly observe the teacher's professional ethics and cherish dignity;
13.2.8.to implement activities specified in paragraph 6.3 of the Law on Child Protection;
13.2.9.to learn methods of effective use of electronic technology and materials in training, e-learning, creating content, using open resource materials and other electronic systems;
13.2.10.to improve his/her profession in the workplace and in other ways, develop his/herself, cooperate with others, respect others;
13.2.11.not to plan, organize and participate in events aimed at violating the rights of students and disrupting the normal activities of education, and not to take actions that interfere with the performance of the official duties of teachers and administrators;
13.2.12.to participate in the organization's activities, cooperate with the organization's own management, other teachers, employees, students, parents, guardians, supporters, and their representative organizations;
13.2.13.to be apolitical and not to participate in any political activities other than those permitted by law;
13.2.14.strict adherence to relevant laws, rules, regulations, instructions and methods;
13.2.15.timely registration and reporting of student and training information in the electronic database;
13.2.16.to participate in work performance evaluation, determine, plan and implement professional development needs based on the results;
13.2.17.to cooperate and mentor students, parents, guardians, and considerate supporters;
13.2.18.others prescribed by law.
13.3.Teachers and employees are provided with the following social guarantees:
13.3.1.considering the nature of labor, directors, training managers, and other employees of all levels of educational institutions shall be provided with additional 15 working days of annual leave; teachers, assistant teachers, dormitory supervisors, social workers, nutritionists, psychologists, methodologist, and instructors shall be provided with additional 33 working days of annual leave;
13.3.2.to be provided with additional salary, incentives, and other support taking into the account the characteristics of the territory and remoteness from the center;
13.3.3.managers of state and local kindergartens, directors, training managers, social workers, dormitory teachers, non-formal education teachers of general education institutions and vocational and technical education institutions, kindergarten methodologist, librarians of schools, physicians, nutritionists, teachers, assistant teachers and psychologists in soums, baghs and/or villages shall be provided with monetary benefits from the state budget in the fifth year and once every third years thereafter;
13.3.4.to provide a one-time grant to teachers and employees of state and local preschool, general education, vocational and technical education institutions for old-age pensions in accordance with the Law on Civil Service;
13.3.5.when teachers and employees of higher education institutions are determined to receive old-age pensions, allowances shall be provided by the educational institution in accordance with the Labor Law;
13.3.6.one child of a teacher or employee who has worked continuously for at least 15 years in a state-owned or local kindergarten, secondary schools, vocational school, or polytechnic college shall be allowed to study at a state-owned higher education institution in the priority and in-demand profession free of charge /free tuition/ and on preferential terms. The Government shall approve the relevant regulations.
13.4.The Government shall support an improvement of the living conditions of teachers and employees and provision of housing.
13.5.Educational institutions of all levels shall provide teachers with the necessary equipment, materials, and stationery for educational activities.
13.6.The basic annual leave period of teachers and employees shall be regulated by the Labor Law.
13.7.The additional leave based on the length of service and working conditions specified in the Labor Law does not apply to officials specified in sub-paragraph 13.3.1 of this Law.
13.8.Sub-paragraph 13.3.3 of this law shall not apply in case that teachers and employees, who have received old-age pensions or received grants, continue to work in state and local kindergartens and secondary schools within the framework of labor laws.
13.9.It is prohibited to perform functions other than those specified in the educational and labor laws.
ChAPTER TWO
PROGRAM, CONTENT AND STANDARD of eDUCATION
Article 14.Program and content of official education
14.1.The content of formal education is aimed at the implementation of educational goals in accordance with a student's age, developmental characteristics, talents, interests, personal and social needs, national culture, heritage, scientific and technological development.
14.2.The content of formal education shall be classified as pre-school, general education, professional and technical education, diploma, bachelor's, master's and doctorate in accordance with the national hierarchical structure of specialization, and the content will be implemented through the curriculum.
14.3.Relations related to programs and content of pre-school education, general education, vocational and technical education, and higher education shall be regulated by relevant laws.
14.4.The following content must be included in the educational programs at all levels and implemented by the educational institution regardless of the form of ownership:
14.4.1.History of Mongolia, Mongolian language, literature, national writing, culture, national heritage, custom, patriotism, development;
14.4.2.individual and family development, life skills, common values of humanity;
14.4.3.human rights education and gender equality;
14.4.4.civil ethics and behavior education;
14.4.5.health education;
14.4.6.humane person and sustainable development education;
14.4.7.how to prevent crimes and violations, protect against disasters, and live safely;
14.4.8.career orientation;
14.4.9.on the use of narcotic substances and psychoactive substances, their harmful effects, and prevention of screen-related risks.
14.5.Educational institutions can organize training activities according to programs and contents of all levels in cooperation with science, culture, art and sports organizations.
14.6.A lifelong learning center can be established in foreign countries for the purpose of learning, inheriting, and disseminating the Mongolian language, literacy, customs, and historical and cultural traditions, organizing retraining courses, and supporting the development of Mongolian people.
14.7.After an approval of programs and contents of the secondary school, it is stable for the duration of general education.
14.8.The electronic-learning program shall be developed and implemented based on the program specified in paragraph 14.2 of this law.
14.9.The content of formal education programs at all levels shall be regulated only by this law.
Article 15.Program and content of unofficial education
15.1.The content of informal education should be open and meet the needs of citizens, and organization of training should be flexible.
15.2.The program of informal education shall be followed for reacquiring the content of general education.
15.3.The organization stated in paragraph 17.6 of this law shall register informal education trainings and support its organization.
Article 16.Education standard
16.1.Education standard shall define the basic requirements for the learning environment, hygiene, safety, professional competence of teachers, textbooks and teaching materials.
16.2.Education standards shall be approved by the competent authority in accordance with the Law on Standardization, Technical regulation and Accreditation of Conformity Assessment.
16.3.Relevant standards and technical regulations specified in the Law on Standardization, Technical regulation and Accreditation of Conformity Assessment shall be adhered to kindergartens, secondary schools, general education and vocational education schools, dormitories of polytechnic colleges, vocational education schools, polytechnic colleges in an environment with appropriate equipment required for the education of students with disabilities.
Chapter three
Educational institution, and its classifications
Article 17.Educational institutions
17.1.Educational institutions consists of educational research, methodological, evaluation, quality assurance-accreditation, educational training institutions, and a lifelong learning center.
17.2.Educational scientific research and methodological organization shall carry out the functions of educational policy framework, supplementary research, analysis, innovation, methodological and training.
17.3.Educational research and methodological institutions shall be established in accordance with the Law on Science and Technology.
17.4.The institution specified in paragraph 17.2 of this law may have a kindergarten or a secondary school that checks the compatibility and conformity of pre-school and general education programs, plans, teaching methods, evaluations and textbooks.
17.5.Educational scientific research and methodological organizations may organize experiments by selecting kindergartens and secondary schools specified in paragraph 17.4 of this law.
17.6.Center for lifelong learning shall provide information, advise, and organize the functions of obtaining education through civil service and informal training, as well as self-study. The center for lifelong learning is under the jurisdiction of the state administrative body in charge of education matters.
17.7.Center for lifelong learning shall organize literacy and reacquiring general education free of charge.
17.8.The center referred to in paragraph 17.6 of this law may implement comprehensive education, health and social care services for children with disabilities who cannot participate in classroom training through a partnership agreement stipulated in the Law on Public-Private Partnerships.
17.9.The state central administrative bodies in charge of education, health, labor, and social security matters may jointly operate a support center with the function of supporting the education of disabled people.
17.10.The operational costs of the support center specified in paragraph 17.9 of this law shall be jointly financed by the state central administrative bodies in charge of education, health, labor, and social security matters.
17.11.Educational assessment and methodological organization shall carry out the functions of assessment of all levels of education, organization of admission exams, assessment, recognition and verification of human knowledge, skills and abilities, and development of assessment.
17.12.The procedure for assessment and admission examination specified in paragraph 17.11 of this law shall be approved by the member of the Government in charge of education matters.
17.13.The educational quality assurance-accreditation organization shall carry out the functions of accrediting the quality of educational institutions and educational programs in accordance with the standards and requirements approved by the competent authority, providing management and methodology for quality assurance, and taking charge of the national qualifications' framework.
17.14.The educational quality assurance-accreditation organization shall grant the right to carry out accreditation to domestic institutions, grant a permission to foreign legal entities in accordance with sub-paragraph 7.9 of paragraph 8.1 of the Law on Permits, conduct accreditation in cooperation with foreign and international authorities, and accreditation and registration of accredited programs shall be implemented.
17.15.The educational quality assurance-accreditation organization shall have a fund for research, evaluation and verification of mutual recognition of educational degrees and documents within the framework of international treaties and agreements.
Article 18.Educational institutions
18.1.Educational institutions are kindergartens, secondary schools, vocational education schools, polytechnic colleges, colleges, institutes of higher education, and universities.
18.2.An educational institution may be non-profit or for-profit.
18.3.For-profit and not-for-profit educational institutions shall be determined by the founding documents specified in sub-paragraph 4.1.5 of the Law on State Registration of Legal Entities.
18.4.Educational institutions can be state, local, private or mixed ownership.
18.5.Educational institution has a structure that creates the environment for learning, research, testing, and production in accordance with its main functions.
18.6.Educational institutions are prohibited from organizing religious training, religious rituals, and other related activities.
18.7.Paragraph 18.6 of this law does not apply to religious schools specified in the Law on the Relationship between the State and Religious Institutions.
18.8.An educational electronic learning institution may be established in accordance with the requirements set forth in this law.
18.9.Secondary schools implementing foreign and international programs shall provide information on the progress and results of program implementation to the state central administrative body in charge of education matters, organizations officially representing non-state educational institutions, professional associations, parents, guardians, and supporters.
Article 19.Granting, suspending and/or terminating a permit
19.1.An educational institution can be established by a person who meets the requirements of this law, the Law on Permits, and relevant standards and technical regulations.
19.2.Permits related to educational training activities shall be issued by authorized persons in accordance with the Law on Permits.
19.3.Establishment, modification, and liquidation of locally owned kindergartens, secondary schools, vocational education schools, and polytechnic colleges shall be decided in accordance with the Law on Administrative, Territorial Units and their Governance.
19.4.The authorized person who granted the permit shall suspend or revoke the permit on the grounds specified in the Law on Permits.
19.5.An issue of conducting educational activities based on the national program of Mongolia in foreign countries shall be resolved on basis of a decision of the competent authority of the country in cooperation with the diplomatic missions of Mongolia working abroad and the state central administrative body in charge of foreign matters in accordance with relevant legislation.
Article 20.Documents for obtaining a permit, its requirements
20.1.When obtaining a permit, the person referred to in paragraph 19.1 of this law shall electronically submit the following documents as specified in the Law on Permits to the person authorized to grant the permit at least six months before the commencement of training activities:
20.1.1.requests, decisions, rules, founders' and shareholders' agreements and introductions to establish an educational institution;
20.1.2.training programs, plans, human resources for teaching, education level, degrees and titles, copies of documents, labor market demand research;
20.1.3.classrooms, libraries, laboratories, practice areas, equipment, gymnasiums, fields, food production facilities, books, textbooks, teaching materials, their guarantees, pictures, practice areas that meet the requirements specified in the standards and technical regulations, list of learning environment, hardware, equipment and tools;
20.1.4.financial resources, capacity, calculation, its guarantee, cost per student, calculation of professional cost;
20.1.5.a list, amount, guarantee, permission of ownership of monetary and other assets to finance the activities of the educational institution;
20.1.6.assurances about not organizing religious training, rituals, and related activities;
20.1.7.a document confirming the implementation of an international program of general education, a document proving that at least 90 percent of teachers in pre-school and general education institutions are professional teachers, and a document proving that at least 80 percent of teachers in vocational, technical, and higher education institutions are professional main teachers;
20.1.8.a proposal of the relevant state central administrative body in case of conducting training activities in majors in the military, police, and railway, or conducting training in new majors;
20.1.9.in case of a foreign teacher or administrator working in an educational institution, a copy of the teacher's professional ID card and a statement from the competent authority about whether he/she has been convicted of a crime;
20.1.10.a certificate of tax and social insurance debt-free status, a state registration certificate of legal entity, a copy of permit to conduct training /if any/.
20.2.Person authorized to issue a permit may transfer the right to grant, extend, suspend, restore, or cancel the permit to the governor of the province or capital city, professional associations, or non-governmental organizations in accordance with paragraph 3.3 of the Law on Permits.
20.3.Beneficiary specified in paragraph 20.2 of this law shall report to the authority to which the authority has been transferred by making a decision to grant, extend, suspend, restore or cancel the permit in accordance with the Law on Permits.
20.4.Based on the proposal of the state central administrative body in charge of education matters, the Council of National Education Accreditation shall make a decision to grant, extend, suspend, restore, or cancel the license specified in sub-paragraph 7.9 of paragraph 8.1 of the Law on Permits.
20.5.When applying for a permit to conduct a new vocational, master's, or doctoral degree course in vocational, technical, or higher education, documents specified in the Law on Permits and documents specified in sub-paragraphs 20.1.3, 20.1.4, 20.1.5, 20.1.6, 20.1.7, 20.1.8 and 20.1.9 of this law, and introductions and estimates of new activities shall be submitted electronically to the person authorized to grant the permit at least five months before the commencement of the training activities.
20.6.The person stated in paragraph 19.1 of this law shall accurately prepare and submit documents, proving that conditions and requirements specified in the law have been met, together with a request for training activities to the competent authority.
20.7.The period specified in paragraph 20.5 of this law does not apply to a decision of a request for training in a new major related to training of professional staff in the priority/leading fields, an introduction of new techniques and technologies, and an implementation of obligations under international agreements.
Article 21.Period of permit, its extension
21.1.The period of permit to engage in pre-school, vocational, technical and higher education training activities shall not be less than the period specified in the Law on Permits. The term of permit to establish a secondary school is 12 years.
21.2.The permit period shall be extended in accordance with the Law on Permits.
21.3.In case of tax and social insurance liabilities specified in sub-paragraph 20.1.10 of this law, the extension of period of permit shall be refused.
Article 22.Liquidation of educational institution
22.1.An educational institution shall be dissolved in the following cases:
22.1.1.by the founder's decision;
22.1.2.a permit is revoked;
22.1.3.there was a court decision on liquidation;
22.1.4.all students were transferred to another educational institution;
22.1.5.others prescribed by law.
22.2.Property relations related to abolishing education and training institution shall be regulated by the Civil Code.
22.3.A dissolved educational institution shall hand over documents related to educational activities to the local and national central archives.
22.4.A decision to liquidate an educational institution shall be made by an authorized person in line with the academic year without affecting students' right to study.
Chapter four
Management of education
Article 23.Management system of education
23.1.Management system of education consists of the Government of Mongolia, the state central administrative body in charge of education matters, the National Council of Education, the state administrative body in charge of education matters, local self-government and local administrative bodies, educational institutions, local organizations in charge of education and management organization of educational institutions.
23.2.Management of the educational institution is the executive management of the institution and its own management.
23.3.The National Council of Education shall be part-time and shall have a Professional Council, a Research Ethics Subcommittee, and an office. The functions of the head of the office shall be performed by the State Secretary of the state central administrative body in charge of education matters.
23.4.The National Council of Education, specified in paragraph 23.3 of this law, is responsible for
issuing professional opinions and recommendations on educational policy, its implementation, training programs, plans, textbooks,
preventing plagiarism of training activities of educational institutions, reproducibility and works, and strengthening cooperation and partnership of teachers, researchers, non-governmental organizations, professional associations.
23.5.Composition and working procedures of the Professional Council specified in paragraph 23.3 of this Law shall be approved by the member of the Government in charge of education matters. The function of providing professional and methodological assistance to the Professional Council shall be carried out by the office specified in paragraph 23.3 of this law.
Article 24.Power of Government of Mongolia
24.1.In addition to Article 9 of the Law on the Government of Mongolia, the Government of Mongolia (hereinafter referred to as "Government") shall exercise the following powers:
24.1.1.to approve and determine the amount of grants, loans, repayment, and support procedures specified in paragraphs 11.3, 11.4, and 11.5 of this law;
24.1.2.to approve procedures for providing additional wages, bonuses, other support and cash benefits specified in sub-paragraphs 13.3.2, 13.3.3, and 13.3.4 of this law;
24.1.3.to establish, change or liquidate the organizations specified in paragraphs 17.11 and 17.13 of this law;
24.1.4.to make decisions to establish, modify, and liquidate joint schools in accordance with an agreement between the Governments, state-owned secondary schools authorized to implement international programs, vocational and technical education institutions, higher education institutions, and schools affiliated to them;
24.1.5.to approve the procedure of variable costs per student of pre-schools, secondary schools, vocational and technical education, and procedures of calculation methods and financing based on the growth coefficient, variable costs, and evaluation of results depending on the number of children and the level of consumer prices for education in kindergartens, secondary schools, international programs, special needs kindergartens and secondary schools in soums, villages and baghs other than provincial centers;
24.1.6.to set the amount of variable costs of education per student of state and non-state-owned kindergartens and secondary schools every two years;
24.1.7.to determine the rate and amount of expenses for children's food in state and local kindergartens, children lunches in secondary schools, and children meals in dormitories;
24.1.8.to approve general requirements of an educational electronic database system, technology, and software, as well as procedures for exchanging information with an organization in charge of the state electronic database, based on a proposal of the state central administrative body in charge of education matters;
24.1.9.to establish the National Council of Education, and approve its composition and rules;
24.1.10.to approve the national qualifications framework;
24.1.11.to approve procedures for providing support and grants provided for in paragraph 38.8 of this law;
24.1.12.to approve the list specified in sub-paragraphs 25.1.3 of this law;
24.1.13.to approve procedures for registration, information exchange, storage, protection, enrichment, and use of educational electronic databases;
24.1.14.to approve the procedures for providing discounts and support specified in paragraphs 12.7 and 12.10 of this law;
24.1.15.other powers stipulated by law.
Article 25.Power of the state central administrative body in charge of education matters
25.1.In addition to the provisions of the Law on the Legal Status of the Ministry of Mongolia, the state central administrative body in charge of education matters shall exercise the following powers:
25.1.1.to evaluate and make conclusions on the implementation of educational programs, norms and standards, the activities of educational institutions, the quality of educational programs, support and ensure the progress of children's development;
25.1.2.to provide support and assistance in teaching Mongolian language, history, culture, and customs to Mongolian children living abroad;
25.1.3.to update and approve the methodology and list of priority and in-demand professions every five years;
25.1.4.to provide with administration and management, and regulate activities organized by other organizations regarding acquiring education and professions, and specializing;
25.1.5.other powers stipulated by law.
Article 26.Power of the member of Government in charge of education matters
26.1.The member of the Government in charge of education matters shall exercise the following powers:
26.1.1.to approve norms and standards for the work of kindergarten and secondary school teachers and employees in accordance with paragraph 106.3 of the Law on Labor;
26.1.2.to approve procedures for evaluating the work performance, professional development, to grant and revoke qualifications of teachers and administrators of kindergartens, secondary schools, vocational education schools, polytechnic colleges, and lifelong learning centers;
26.1.3.to jointly approve with the member of the Government in charge of labor matters the procedure for recognizing and confirming the knowledge and skills acquired in the informal education and life environment of the citizen in the formal education system;
26.1.4.to approve regulations for providing of food, food supply, and services for children in state-owned kindergartens, secondary schools, vocational education schools, and polytechnic college dormitories;
26.1.5.to approve the procedures for creating textbooks, obtaining opinions, and drawing conclusions, as well as the requirements for teaching materials and games;
26.1.6.to approve general requirements for positions of training managers, methodologists, and teachers in state and local kindergartens, secondary schools, vocational education schools, and polytechnic colleges;
26.1.7.to approve vocational, technical, and higher education courses and indexes;
26.1.8.unless otherwise provided by law, to approve an accreditation of vocational, technical and higher education institutions and programs, accreditation procedures and requirements for experts;
26.1.9.to approve the organizational structure and rules specified in paragraphs 17.2, 17.11, and 17.13 of this law;
26.1.10.to appoint a director of organizations specified in paragraphs 17.2, 17.11, and 17.13 of this law based on results of selection processes and dismiss him/her in accordance with the law;
26.1.11.to organize distance and electronic training, to approve procedures for evaluating and equating acquired education;
26.1.12.to ensure a preparedness of the education sector during disaster preparedness, and to make decisions regarding the start, duration, and end of the school year taking into account the disaster situation;
26.1.13.to approve operational procedures of education departments of provinces and capital city, district education departments, and lifelong learning centers;
26.1.14.to approve the procedure for issuing a teaching right certificate and other activities related to it;
26.1.15.to approve the model rules of educational institutions;
26.1.16.to determine the number of admission control of vocational and technical educational institutions based on the proposal of the Professional Council specified in paragraph 23.3 of this law;
26.1.17.to solve the issue of raising the minimum salary for public service positions as specified in paragraph 57.14 of the Law on Civil Service, taking into account the characteristics of the sector, performance and results, within the approved budget;
26.1.18.to appoint a head of the education department of the province and capital city based on results of selection processes specified in the Law on Civil Service, and dismiss him/her in accordance with the law;
26.1.19.to approve the structure and job positions of the local organization in charge of education matters based on the number of students in the area and distance from the center;
26.1.20.to approve the code of ethics for teachers and administrators of educational institutions;
26.1.21.to approve of the model of permit certificate for educational institutions;
26.1.22.to approve the methodology for determining the number of admission and graduation procedures and admission control of vocational and technical education and higher education institutions;
26.1.23.to approve procedures and methods for quality assurance of education;
26.1.24.to develop proposals related to the determination of priorities for the development of the education sector, to develop, approve, implement and monitor plans for implementation of relevant projects and measures in the sector, necessary rules, regulations, instructions and methods, and to monitor and evaluate results;
26.1.25.to approve the center's structure, job positions, and operation rules specified in paragraph 17.9 of this law in cooperation with the state central administrative bodies in charge of health, labor, and social security matters;
26.1.26.other powers stipulated by the law.
Article 27.Duties of state administrative body in charge of education matters
27.1.In addition to the Law on the Legal status of Government agencies, the state administrative body in charge of education matters shall perform the following functions:
27.1.1.to organize a creation, printing, and supply of textbooks, and provide with teaching materials, techniques, equipment, tools, and reagents, and implement plans;
27.1.2.to organize specializing trainings for teachers and employees and provide support for continuous professional development;
27.1.3.to provide professional, methodical management and coordination to education departments of provinces and the capital city and district education departments;
27.1.4.to organize works of publishing, distributing and providing educational and training documents;
27.1.5.to approve and enforce the procedures for organizing national Olympiads, vocational and technical education skills competitions, and establishing and using cabinets and laboratories in secondary schools;
27.1.6.to summarize news, reports and statistics about activities of the education sector at the national level and report them in accordance with the relevant laws;
27.1.7.to make a unified arrangement for measures to ensure the continuity of education in case of temporary suspension or change of form of lessons and training activities due to a disaster;
27.1.8.to approve the procedure for providing support to the center specified in paragraph 14.6 of this law;
27.1.9.to approve the list of school supplies, training and hygiene equipment for children enrolled in pre-school education;
27.1.10.to appoint a director of the lifelong learning center of the province and the capital city based on results of selection processes, and dismiss him/her on the grounds stipulated by law;
27.1.11.to approve the requirements for books, manuals, educational materials, and toys/games to be used by students with disabilities for their education;
27.1.12.other powers stipulated by law.
Article 28.Local organization in charge of education matters
28.1.The local organization in charge of education is the department of education in the province and capital, and the department of education in the district of the capital.
28.2.Education departments of provinces and capital city and district education departments shall perform the following functions in their territories:
28.2.1.to organize the implementation of legislation on education;
28.2.2.to develop content, methodology, assessment, technology and distance and electronic learning, to provide with professional management for activities to improve the quality and results of courses, and to organize works to increase the supply of textbooks and learning materials;
28.2.3.to issue opinions and conclusions on whether to issue a permit as specified in sub-paragraphs 7.6 and 7.7 of paragraph 8.1 of the Law on Permits;
28.2.4.to monitor and analyze the activities of educational institutions;
28.2.5.to provide professional and methodological support to educational institutions of all levels regardless of the form of ownership, to provide professional development of teachers and employees, and to provide mentoring;
28.2.6.to provide with professional and methodological support to citizens for equal access to education services and lifelong learning;
28.2.7.regardless of the form of ownership, to provide professional and methodological support in providing food supply, safety of the learning environment, and to create a suitable environment for students with disabilities in educational institutions of all levels;
28.2.8.to organize the work specified in Article 6 of the Law on Child Protection in the school environment in cooperation with professional organizations, and provide educational institutions with methods and regulations;
Note: The definition of "school environment" specified in sub-paragraph 3.1.4 of the Law on Food, Production and Services of Secondary Schools includes the environment of educational institutions at all levels.
28.2.9.to assess the disaster risk of local educational and training institutions, to take measures in the event of a disaster, to cooperate and support in stabilizing the situation;
28.2.10.to provide educational institutions with professional, methodological management and coordination in case of suspension of classes and training activities due to a disaster;
28.2.11.to prevent and educate teachers, employees, and employees of local educational institutions from violating ethical standards, corruption, and conflicts of interest, and organize activities in collaboration with professional organizations;
28.2.12.to cooperate and support with the local lifelong learning center;
28.2.13.to monitor activities of the educational institution and the fulfillment of legislation, the conditions and requirements of approval;
28.2.14.to provide professional and methodical management of activities to improve the quality and results of distance and e-learning;
28.2.15.others prescribed by law.
28.3.The department of education of the capital city shall provide with professional and methodological management and support to the district education department in the implementation of its functions.
28.4.In addition to the general requirements specified in the Law on Civil Service, a head of the education department of the province and the capital city shall meet the following special requirements:
28.4.1.at least 10 years of experience in an educational institution, of which at least five years as a teacher, administrator, or social worker, and having a master's degree;
28.4.2.graduated from a university in the field of education, teaching, public or educational management, planning, training content, methodology, evaluation, social work, and psychology.
28.5.The head of the district education department must meet the following special requirements in addition to the general requirements specified in the Civil Service Law:
28.5.1.have worked at an educational institution for at least 10 years, of which at least five years as a teacher, administrator, or social worker of an educational institution;
28.5.2.meet the requirements specified in sub-paragraph 28.4.2 of this law.
28.6.Based on results of the selection processes, the head of the education department of the province or the capital city shall appoint the head of the state and local kindergartens and principals of secondary schools in the territory under his/her jurisdiction, and dismiss him/her on the grounds stipulated by law.
28.7.The head of education department of the capital city appoints the head of the district education department based on results of the selection process and dismisses him/her on the grounds stipulated by law.
28.8.According to the methodology approved by the state administrative organization in charge of education matters, the local organization in charge of education matters shall determine the district of inclusion.
Article 29.Powers of Citizens Representatives Khurals of provinces, capital city and/or districts
29.1.The Khural of Citizens' Representatives of Provinces, Capital city, Soums and Districts shall exercise the following powers in matters of education in their territories:
29.1.1.to make a decision to establish, reorganize, or liquidate a local educational institution;
29.1.2.to approve a plan for development of local educational institutions and supervise its implementation;
29.1.3.to annually approve the budget required to improve the environment and quality of education in local kindergartens and secondary schools;
29.1.4.to support and approve funding for lifelong learning center activities;
29.1.5.to reflect the long-term planning of buildings and structures in the education sector in the land management plan of the province, capital city, soum, and district, and the partial master plan of the city, and to take the land owned and used by schools and kindergartens as a land reserve according to the size of the area that meets the standards of the educational environment;
29.1.6.others prescribed by law.
Article 30.Powers of Governors of provinces and/or capital city
30.1.Governors of provinces and capital city shall exercise the following powers in education matters in addition to the provisions of the Law on Administrative, Territorial Units and their Governance:
30.1.1.to solve problems of establishing, changing and liquidating local educational institutions;
30.1.2.to support and organize the provision of academic and dormitory facilities, teaching equipment, books, and textbooks of educational institutions, as well as to provide with support and assistance provided by law;
30.1.3.to support the implementation of lifelong learning activities;
30.1.4.to organize the work of creating conditions for national minorities to acquire education in the Mongolian language and their native languages, and to inherit their culture and customs;
30.1.5.to be responsible for the quality and results of services of local kindergartens and secondary schools to the Government, citizens and the public;
30.1.6.to take measures to subject all employees of an educational institution to preventive health examinations and tests once a year;
30.1.7.to take measures to provide incentives to teachers and employees of educational institutions and to improve social security from local administrative and local self-governing organizations, enterprises, and organizations;
30.1.8.to provide local educational institutions, educational institutions of provinces and the capital city with designated buildings;
30.1.9.to approve the procedure for serving students of secondary schools by school bus, and organize activities;
30.1.10.to finance and cooperate with the operational and fixed costs of the lifelong learning center in the locality;
30.1.11.other powers stipulated by law.
Article 31.Powers of Governors of soums and/or districts
31.1.Governors of soums and districts shall exercise the following powers in matters of education in their territories:
31.1.1.to support and cooperate in providing pre-school and general education to children and retraining general education to citizens;
31.1.2.to provide citizens with information about lifelong learning, cooperate and take measures;
31.1.3.regardless of the form of ownership, to provide support and assistance to educational institutions provided by laws;
31.1.4.to ensure the health and safety of buildings and environments of all types of private educational institutions, and to organize the prevention of potential risks in cooperation with relevant professional organizations;
31.1.5.to approve and finance the budget in accordance with a structure and job positions of the lifelong learning center, cooperate and implement related measures;
31.1.6.to improve the quality, performance and availability of educational institutions in the area and provide necessary support;
31.1.7.other powers stipulated by law.
Article 32.Powers of Governors of bagh and/or khoroo
32.1.Governors of baghs and khoroo shall exercise the following powers in matters of education:
32.1.1.to support the organization of educational activities for children of kindergarten and general education age in the territory;
32.1.2.to prevent school dropouts of citizens in the territory, to support students who dropped out a school;
32.1.3.to improve the quality, performance and availability of educational institutions in the territory and provide necessary support;
32.1.4.other powers stipulated by law.
Article 33.Management of education training institutions, its duties
33.1.Educational institutions of all forms of ownership shall be managed by a founder or the executive management authorized by him/her. The executive management is a director of kindergartens, secondary schools and vocational education schools, polytechnic colleges, a principal in colleges and universities, vice-rectors and rectors in universities.
33.2.Directors and heads of educational institutions other than state-owned and local vocational and technical educational institutions must meet the following special requirements:
33.2.1.graduated from a university as a teacher, having attended and completed the qualification training in the fields of educational management, teaching content, methodology, and evaluation as specified in sub-paragraph 27.1.2 of this law;
33.2.2.at least 10 years of continuous work in an educational institution, of which at least six years as a teacher, at least four years as a department head, a head of department, training manager, social worker, and methodologist, and having a leading professional degree or higher.
33.3.The director and head of the educational institution shall perform the following functions:
33.3.1.to ensure the normal operation of the educational institution;
33.3.2.to appoint and dismiss teachers and employees of the relevant educational institution in accordance with the law;
33.3.3.to guide, provide continuous development, evaluate, and support teachers, employees, and students of the educational institution;
33.3.4.to support development and maturity of students and to provide necessary professional and methodological support to teachers in order to improve the quality of academic achievement;
33.3.5.to take measures to create the necessary conditions for students to receive education in distance, electronic and other forms;
33.3.6.to develop an electronic training system, to ensure continuity and availability of training in case classroom lessons and training activities are stopped due to a disaster;
33.3.7.others prescribed by law.
33.4.It is prohibited to appoint a citizen who does not meet the special requirements for the position specified in paragraphs 28.4 and 28.5 of this Law and the special requirements for the position specified in paragraph 33.2 of this Law.
33.5.The requirements specified in paragraph 33.2 of this Law may be conform to the years of service in the organization specified in paragraph 17.1, Articles 25 and 28 of this Law, and the procedure for conformity calculation shall be approved by the member of the Government in charge of education matters.
Article 34.Self-management of education institution
34.1.Vocational education schools, polytechnic colleges, colleges, institutes, universities, secondary schools authorized to implement international programs and educational institutions established in accordance with an agreement between the Governments shall have their own management board.
34.2.Except as specified in paragraph 34.1 of this law, the management of secondary schools and kindergartens is the school and kindergarten council.
34.3.Paragraph 34.1 of this law does not apply to military and police professional and higher education institutions, and they have administrative councils that are appropriate for their functions.
34.4.The administrative council specified in paragraph 34.3 of this law shall be established by the member of the Government in charge of the matters.
34.5.The general procedure of the council's activities specified in paragraph 34.2 of this law shall be approved by the member of the Government in charge of education matters.
34.6.Functions, representation, and term of office of the self-governing organization of the educational institution specified in paragraphs 34.1 and 34.2 of this law shall be regulated by the relevant law.
Article 35.Inspection and quality evaluation in education
35.1.Educational inspection shall be carried out by the state central administrative body in charge of education matters, the state administrative organization, and a state inspector in accordance with the relevant laws.
35.2.State inspector of the organization authorized to carry out inspections shall supervise the implementation of legislations, administrative norms, technical regulations and standards.
35.3.Evaluation of the quality and performance of education shall be organized in accordance with the relevant regulations with the participation of representatives of institutions, students, parents, citizens, the public, non-governmental organizations, professional associations, and employers specified in paragraph 17.11 of this law.
35.4.The performance of educational institutions and teachers shall be externally evaluated.
35.5.Educational assessment can be organized electronically, and there is an electronic system for analyzing student's progress and reporting results.
35.6.The quality of education shall be assessed every three years by an international authority.
35.7.Educational institution shall implement internal quality assurance.
35.8.Based on the results of the quality assurance specified in paragraph 35.7 of this law, the educational institution shall approve and implement a quality improvement plan.
35.9.The plan specified in paragraph 35.8 of this law is a part of the contract with the executive management of the educational institution, and the criterion for measuring the results of its work is quality progress.
35.10.Foreign programs of non-state-owned kindergartens and secondary schools shall be accredited.
35.11.Vocational and technical education and accreditation of higher education shall be regulated by relevant laws.
35.12.The training program can be accredited jointly with foreign and international authorities.
CHAPTER FIVE
financing of education, environment of study
Article 36.Planning and reporting of education
36.1.The state central administrative body in charge of education matters shall develop and implement educational development policy and planning in accordance with relevant legislation.
36.2.Provinces and capital city have a plan for the development of education based on the policies and planning specified in paragraph 36.1 of this law.
36.3.The educational institution shall have an action plan that complies with the norms and standards specified in sub-paragraph 26.1.1 of this law.
36.4.The persons referred to in paragraphs 36.1, 36.2, and 36.3 of this law shall implement a planning based on a geographic information system in conformity with the population density, settlement, infrastructure, and socio-economic conditions of the territory in order to increase the quality and availability of education, to allocate budget investments and resources, to establish educational institutions, and to determine the structure and scope of education.
Article 37.Financing of education
37.1.Financing of education consists of common sources such as state and local budgets, tuition fees, donations, aid, loans from domestic and foreign enterprises and organizations for the activities specified in rules, and income from the educational institution's own activities.
37.2.Depending on specifics of the activity, an educational institution has the following sources of additional funding:
37.2.1.payments, donations and assistance permitted by relevant law to state and local kindergartens and secondary schools;
37.2.2.state budget, tuition fees, endowment funds, research and innovation project funding for state-owned higher education institutions;
37.2.3.expenses financed from the budget in military, police higher education and professional educational institutions, funding for research projects;
37.2.4.source of financing of non-state-owned educational institutions is a founder's capital, variable costs, tuition fees, and other sources not prohibited by law;
37.2.5.the Government shall determine the amount of funding for the direct cost of education provided to one student of a non-state-owned educational institution in accordance with the location and the amount of tuition fees, and shall be allocated according to the number of students receiving funding.
37.3.Educational research and methodological organizations shall be financed by the state budget, research projects, and income from their own activities.
37.4.In order to increase its financial resources and improve the social security of teachers, employees and students, an educational institution may have an auxiliary enterprise that supports the learning environment and activities in accordance with the law, and the right to dispose of the income earned from it in accordance with the intended purpose shall be exercised by a director and head of the educational institution.
37.5.The fact that an educational institution has generated its own income specified in paragraphs 37.1 and 37.4 of this law shall not be a reason to reduce the amount of funds to be financed from the budget.
37.6.An educational institution may have a school development fund, and the model procedure of the fund shall be jointly approved by the members of the Government in charge of education matters and financial and budget matters.
Article 38.Financing of educational institution
38.1.State and local kindergartens, secondary schools, vocational education schools, and polytechnic colleges shall be financed from the state and local budgets, taking into account the following cost components:
38.1.1.expenses for school activities depending on the capacity of the school, expenses of storage and protection of immovable property and fixed assets, expenses of building use and fixed expenses;
38.1.2.variable costs of educational activities depending on the number of children, group size, capacity utilization, programs, plannings, additional programs, teacher professional development, electronic use of education, children's rights and protection in the school environment, education standards, and average salary of teachers;
38.1.3.financing of additional incentives based on the performance, quality, and evaluation results of the educational institution's operation and teacher's work;
38.1.4.the cost of lunches and other measures implemented in accordance with relevant legislation;
38.1.5.the cost of supporting the professional development of teachers.
38.2.The amount and composition of variable costs shall be determined by the Government at each level of educational institution in order to provide equal opportunities for learning, taking into account the location of the school, professional field, programs, and different needs of students.
38.3.In order to provide with additional incentive fundings specified in sub-paragraph 38.1.3 of this law, evaluation of the performance, quality, and results of an educational institution shall be based on the quality of education, the progress made in the learning outcomes of each student, the governance, transparency, and user satisfaction of the institution, and the financing procedure shall be approved by the Government.
38.4.The performance-based funding specified in sub-paragraphs 38.1.2 and 38.1.3 of this law can be spent by the educational institution through the next fiscal year.
38.5.The following expenses shall be financed from the state budget:
38.5.1.variable costs provided to one student of a kindergarten, secondary school, vocational education school, or polytechnic college, regardless of the form of ownership, according to the relevant legislation;
38.5.2.funding based on the performance evaluation of teachers and employees of state and local kindergartens, secondary schools, vocational education schools, polytechnic colleges, dormitories;
38.5.3.the total costs of dormitories of vocational education schools and polytechnic colleges, variable costs of dormitories of state and local secondary schools, food costs, fixed costs of dormitories of state-owned secondary schools;
38.5.4.meals for children with disabilities attending kindergarten and meals of dormitories for school students;
38.5.5.a certain part of the cost of meals for children in state-owned and local kindergartens, the cost of meals for dormitories in secondary schools;
38.5.6.lunch expenses of state and local-owned secondary schools;
38.5.7.the cost of maintenance and use of the equipment to be financed by the average normative cost calculated as the depreciation cost per child per year, taking into account the useful life and initial cost of equipment for the purpose of state and local ownership of secondary schools;
38.5.8.regardless of the form of ownership, grants, tuition fee discounts and loans provided by the state to students of higher education institutions under the conditions stipulated by law;
38.5.9.performance-based variable costs to be provided if a two-year-old child who has not completed basic education chooses an alternative form of pre-school education due to the kindergarten's capacity and group size;
38.5.10.state and local kindergarten educational materials, games, toys, educational materials of secondary schools, vocational education schools, polytechnic colleges, enrichment of libraries;
38.5.11.the cost of introducing, developing, using, and ensuring the security of an electronic system that represents the academic progress and results of each student to be introduced at the national level;
38.5.12.a certain part of the costs of services and informal training specified in paragraphs 17.7, 17.8, and 17.9 of this law;
38.5.13.a certain part of training, research, and academic expenses based on performance and results as specified in the legislation within the framework of the customized program specifically defined in accordance with the long-term and medium-term development programs.
38.6.The Government shall determine the percentage and amount of expenses specified in sub-paragraphs 38.5.5, 38.5.6, and 38.5.7 of this law, and shall include the required expenses in the annual budget.
38.7.A certain percentage of the costs of organizing state Olympiads of various subjects, participation of secondary school students in international science Olympiads, and clubs for the development of talents and abilities of children in state and local kindergartens and secondary schools shall be financed from the state budget.
38.8.Based on social and economic priorities, regional and local development trends and needs, tuition loans and grants to students of higher education institutions in order to train specialists, support student talents and abilities, and support the education of target groups and students with disabilities shall be granted.
38.9.The Government may provide support to educational institutions and lifelong education institutions that are implementing projects and programs to acquire basic skills in the fields of Mongolian language, history, customs, and culture for Mongolian children living abroad and it shall be governed by the approved procedure.
38.10.The costs specified in sub-paragraphs 38.5.1 of this law shall be paid to non-state-owned secondary schools implementing national programs based on the performance of the contract, and the criteria for the contract results shall be approved by the member of the Government in charge of education matters.
Article 39.Environment of education institution
39.1.Buildings, libraries, kitchens, gymnasiums, fields, dormitories, water supply, sanitary facilities, equipment and facilities of the educational institution should be suitable for the characteristics of teachers, employees, students, and meet standards, hygiene and safety requirements and the special needs of students with disabilities.
39.2.The environmental norms and normative specified in paragraph 39.1 of this law shall be jointly approved by the members of the Government in charge of education, health and financial and budget matters based on the relevant laws and educational standards.
39.3.A founder shall be responsible for providing the educational institution with designated buildings, educational equipment, textbooks, and dormitory.
39.4.An educational institution may have a production and service unit, such as repairing, manufacturing, and providing training equipment, and training materials.
39.5.Educational and training institution shall have a land dedicated to training, determined in accordance with the norms and standards of building and urban planning.
39.6.Property and buildings of an educational institution specified in paragraph 39.5 of this law shall be used in accordance with their intended purpose.
39.7.In accordance with sub-paragraphs 29.1.5 of this law, it is prohibited to acquire, use or sell the land of a new school or kindergarten for other purposes.
39.8.Educational and training institution has created an environment that provides security against potential risks and disasters and prevents students from committing crimes and violations.
39.9.Educational institution has created a favorable environment that provides equal opportunities, is accessible, and meets the needs of personal development and education in accordance with the Law on the Rights of Persons with Disabilities and other laws.
39.10.In order to reduce the burden on the state and local budgets, and to create equal conditions for education and learning, the state may fund the investment depreciation cost per child annually under the following conditions:
39.10.1.the cost of ownership, use, and purchase of teaching equipment and furniture of state and local kindergartens and secondary schools under commercial preferential terms under leasing or rental contracts for a period of two or more years;
39.10.2.the cost of using, owning, and purchasing equipment for creating the electronic learning environment of educational institutions at all levels, the use of hard and soft infrastructure networks, and related maintenance services on the basis of rental and leasing contracts with enterprises and organizations;
39.10.3.expenses related to the possession and use of buildings and facilities built by enterprises and organizations with their own funds for educational purposes that meet standard requirements in locations that are not accessible to state or local kindergartens and secondary schools and where additional admissions are not possible.
Chapter six
common rights and obligations of participants in education
Article 40.Rights and obligations of parents, guardians and supporters
40.1.Parents, guardians and supporters have the following rights:
40.1.1.to seek advice from teachers and educational institutions about their child's knowledge, abilities, talents, and development, and cooperate;
40.1.2.to get familiar with the process and results of learning, development and talent development of children;
40.1.3.to participate in activities of kindergartens and secondary schools and councils of school and kindergarten specified in paragraph 34.2 of this law;
40.1.4.to make suggestions and requests about the activities of educational institutions and teachers;
40.1.5.to get familiar with educational and training documents specified in Article 9 of this law, the license to engage in educational activities, the implementation of the educational program, the educational environment;
40.1.6.others prescribed by law.
40.2.Parents, guardians and supporters have the following duties:
40.2.1.to create a favorable environment for learning and development in the family environment, to cooperate with a teacher;
40.2.2.compulsory inclusion of children in pre-school education at the age of five and in general education thereafter;
40.2.3.to be responsible for expenses related to school supplies, educational and hygiene equipment for children participating in pre-school education;
40.2.4.to recognize a child's age, developmental features, and behavior, understand and respect the child, help him/her, and not leave him/her unattended;
40.2.5.to fulfill the requirements of the relevant laws, rules and regulations set by the school in connection with ensuring the normal operation of education;
40.2.6.not to denigrate the reputation of teachers, to treat him/her with respect and civility;
40.2.7.constant attention to the development, growth, health and safety of children, providing them with learning materials, textbooks, and uniforms;
40.2.8.to participate in activities organized by kindergartens and secondary schools, to cooperate with and support representatives of the organization's own management, teachers, students, parents, guardians, and supporters;
40.2.9.to be responsible for a certain part of the costs specified in sub-paragraphs 38.5.5 of this Law;
40.2.10.others prescribed by law.
40.3.Parents, guardians, and supporters shall sign a contract and cooperate with an educational institution, and a template of the contract shall be approved by the state administrative body in charge of education matters.
Article 41.Rights and obligations of legal entity
41.1.A legal entity has the following rights:
41.1.1.to give orders for specialist training and professional development of employees to the relevant educational institutions, and train by signing a contract;
41.1.2.to provide support and assistance in creating a learning environment for educational institutions, and to make donations in accordance with the law;
41.1.3.others prescribed by law.
41.2.The legal entity has the following obligations:
41.2.1.according to the contract, to provide the student with the conditions and opportunities for industrial practice, to employ him/her as an apprentice;
41.2.2.to support the professional development of employees of the organization and organize training;
41.2.3.to be responsible for the costs of organizing the training specified in sub-paragraph 41.2.2 of this Law;
41.2.4.others prescribed by law.
Article 42.Rights and obligations of non-governmental organizations and professional associations
42.1.Non-governmental organizations and professional associations participating in educational relations have the following rights:
42.1.1.to participate in developing, discussing and disseminating industry development policies and administrative norms, and give suggestions and recommendations;
42.1.2.to conduct joint research, and organize trainings;
42.1.3.to cooperate in the introduction of best practices and achievements in the fields of education, human resources, technical and technological development, quality, accessibility;
42.1.4.to implement some functions in accordance with the law with the state central administrative body in charge of education matters, state administrative organizations, and local administrative organizations;
42.1.5.to participate in educational quality assessment and certification and teacher development activities;
42.1.6.others prescribed by law.
42.2.Non-governmental organizations and professional associations participating in educational relations have the following duties:
42.2.1.to participate in educational activities at the professional level;
42.2.2.to use research-based information and documents in their activities;
42.2.3.to carry out and report the contractual work specified in sub-paragraphs 42.1.4 of this Law in a professional manner and in a timely manner;
42.2.4.to respect intellectual property rights;
42.2.5.not to express political or personal interests while participating in educational activities;
42.2.6.in case of ethical violations by a teacher, make a conclusion and submit recommendations on taking relevant measures;
42.2.7.to make conclusions about the progress and results of the implementation of programs of non-state-owned educational institutions that implement foreign and international programs, and to provide the state central administrative body in charge of education matters with the necessary information;
42.2.8.others prescribed by law.
Chapter seven
ELECTRONIC data SYSTEM and database of education
Article 43.Electronic database and infrastructure of education
43.1.In the field of education, there will be an electronic database of education, and the database will be owned by the state.
43.2.Have a learning management system to support lifelong learning of citizens.
43.3.The electronic database of education consists of educational institutions of all levels of education, learning environments, materials, learning processes, results, human resources of the sector, student and budget information.
43.4.The organization in charge of the educational electronic database shall be responsible for ensuring the confidentiality, storage, and security of the educational electronic database.
43.5.There is a database of educational electronic information.
43.6.Operational costs related to the use, storage, protection, and security of educational electronic databases shall be financed from the state budget.
43.7.The member of the Government in charge of education matters shall approve the procedure for creating and operating an electronic database of education.
CHapter eight
miscellaneous
Article 44.Liabilities to be imposed on the violators of the Law
44.1.If an act by a person in breach of this law does not constitute a criminal nature, liabilities specified in the Law on Civil Service and Law on Labor shall be imposed.
44.2.A person or legal entity that violates this Law shall be subject to liabilities under the Criminal Code or the Law on Violations.
Article 45.Entry into force of the Law
45.1.Paragraphs 28.4, 28.5, and 33.2 of this Law shall enter into force on January 1, 2024.
THE CHAIRMAN OF STATE GREAT KHURAL OF MONGOLIA
ZANDANSHATAR.G