(2023-09-11-ний өдрийн орчуулга)                                                  Unofficial translation

LAW OF MONGOLIA

October 5, 2000                                                                                   Ulaanbaatar city

ON DIPLOMATIC SERVICE

CHAPTER ONE

General provisions

Article 1.Purpose of the Law

1.1.This Law shall regulate relations in connection with the diplomatic service of the state of Mongolia (hereinafter referred to as "diplomatic service"), its system, organization, domestic and abroad activities, and the legal status of diplomatic service employees.

Article 2.Legislation on Diplomatic Service

2.1.The legislation on diplomatic service shall consist of the Constitution of Mongolia, the Law on Civil Service, this Law, and other legislative acts enacted in conformity with these laws.

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

CHAPTER TWO

Diplomatic service, its system and functions

Article 3.Diplomatic service

3.1.Diplomatic service shall mean the specialized professional activity of implementing the purpose and functions of the state foreign policy of the Mongolia upon maintaining unity and continuity within the framework of Mongolian legislation and international legal norms.

3.2.Diplomatic service shall be state special service.

Article 4.System and institution of diplomatic service

4.1.The diplomatic service of Mongolia shall be managed by the state central administrative body in charge of foreign affairs.

/This paragraph was modified by the law as of December 21, 2006/

4.2.The diplomatic mission operating activities of the diplomatic service abroad shall be carried out by diplomatic missions of Mongolia working abroad under the management of the state central administrative body in charge of foreign affairs.

4.3.Certain duties of the consular service may be fulfilled by the honorary consul of Mongolia in accordance with international law.

4.4.The procedure defining the range of activities of the honorary consul, their rights and duties shall be approved by the state central administrative body in charge of foreign affairs.

4.5.Honorary consuls shall be appointed and dismissed by the Cabinet member in charge of foreign affairs.

4.6.It shall be prohibited to establish other state and local administrative bodies, their units, branches, representative offices in foreign countries, or to appoint agent to work, except as otherwise provided by law and international treaties of Mongolia, or with the approval of the state central administrative body in charge of foreign affairs.

/This paragraph was added by the law as of January 26, 2017/

Article 5.Functions of the state central administrative body in charge of foreign affairs

5.1.The state central administrative body in charge of foreign affairs, in addition to the functions stated in the legislation of Mongolia, shall fulfill the following functions depending on the nature of its activities:

5.1.1.to ensure Mongolia's independence, sovereignty of the state, and territorial integrity in accordance with universal principles of international relations and legal basis;

5.1.2.to constitute a favorable external environment to ensure the country's security and national development;

5.1.3.to strengthen and protect Mongolia's national interests, status, and reputation through diplomacy at the international level;

5.1.4.to implement the diplomatic and consular relations established by Mongolia with foreign countries;

5.1.5.to provide active representation of the country in the international organizations that Mongolia has accessed and protect its interests;

5.1.6.to develop, approve and implement proposals in regards with the foreign policy of the state of Mongolia, its concepts and priorities, summarize and present the progress and results;

5.1.7.to organize the implementation of the unified and continuity foreign policy of Mongolia and express the official status of the state and government of Mongolia;

5.1.8.to regulate and coordinate the foreign political policies and activities with economic, scientific, technical, commercial and humanitarian cooperation;

5.1.9.to provide information-research and methodological recommendations for international relations activities implemented through the state and governmental body, regulate and coordinate them at the national level;

5.1.10.to manage and direct the activities of Diplomatic missions working abroad, and develop proposals for improving their location and organization in accordance with expedience;

5.1.11.to provide with unified methodology and professional recommendations for activities related to conclusion of international treaty of Mongolia, preservation of the original text, and compliance with them, summarize and conclude the state of fulfillment of the obligations assumed by the Mongolian party in accordance with them, and present to the Government about the progress of implementation;

/This sub-paragraph was amended by the law as of December 21, 2006/

5.1.12.to conduct the foreign affairs archive of Mongolia;

/This sub-paragraph was amended by the law as of December 21, 2006/

5.1.13.to advertise of the Mongolia abroad, disseminate official information, to provide the seasonable information on diplomatic activities and international affairs to the Mongolian public;

5.1.14.to organize and implement state diplomatic ceremonies;

5.1.15.to provide the President, State Great Khural, and Government of Mongolia with relevant information on the international situation, relations between countries, policies and activities of specific countries and international organizations, trade, economic and investment policies, and market;

/This sub-paragraph was added by the law as of December 21, 2006/

5.1.16.other functions specified in the legislation of Mongolia.

/The numbering of this sub-paragraph was amended by the law as of December 21, 2006/

5.2.The state diplomatic ceremony specified in sub-paragraph 5.1.14 of this Law shall be regulated by the procedure of State Ceremony approved by the President of Mongolia.

/This paragraph was added by the law as of June 26, 2014/

Article 6.Diplomatic mission

6.1.Diplomatic missions working abroad shall include Mongolian embassies in foreign countries, Permanent Missions of Mongolia to an international organizations, Consul- General of Mongolia, Consulates, and Consular Missions, respectively.

6.2.The consular service shall be a component of the diplomatic service, and the Consul-General of Mongolia, the Consulate and the Consular Mission shall operate in the circle determined by the state central administrative body in charge of foreign affairs.

6.3.A diplomatic mission shall be managed by a head appointed in accordance with relevant legislation.

6.4.The level and location of the diplomatic mission shall be determined by the State Great Khural upon the submission of the Government of Mongolia.

Article 7.Functions of diplomatic missions

/The title of this article 7 was amended by the law as of December 21, 2006/

7.1.The diplomatic mission shall perform the following functions:

7.1.1.the head of the diplomatic mission-the ambassador, the permanent representative shall work to represent Mongolia in the receiving country or simultaneously accredited country, and in the international organization;

7.1.2.to develop, to be discussed and decided proposals in regards with the development of relations and cooperation with the receiving country or simultaneously accredited country and in the international organization;

7.1.3.to provide support and assistance in negotiating bilateral and multilateral relations, concluding agreements and transactions, and implementing agreed measures;

7.1.4.to conduct research required to resolve development goals of Mongolia and present them to relevant organizations;

7.1.5.to protect diplomatically the rights and legitimate interests of Mongolian citizens and legal entities abroad in accordance with international law;

7.1.6.to provide consular and notary services and recording specified in paragraph 5.5 of the Law on Civil State Registration;

/This sub-paragraph was amended by the law as of December 21, 2006/

/This sub-paragraph was amended by the law as of June 21, 2018/

7.1.7.to protect the rights and legitimate interests of citizens of Mongolia living in their receiving country and simultaneously accredited country, and to provide material, financial support and assistance to them.

/This sub-paragraph was added by the law as of June 29, 2006/

7.2.The diplomatic mission shall formulate a proposal on how to resolve the expenses required for the implementation of sub-paragraph 7.1.7 of this Law and submit it to the state central administrative body in charge of foreign affairs.

/This paragraph was added by the law as of June 29, 2006/

7.3.In order to implement sub-paragraph 7.1.7 of this Law, the donations and assistance from foreign and domestic citizens and organizations can be used.

/This paragraph was added by the law as of June 29, 2006/

Article 8.Rights of the diplomatic service organization

8.1.The diplomatic service organization shall have the following rights:

8.1.1.to be provided by the state budget with funds required for the implementation of the activities of the diplomatic service;

8.1.2.to use of premises, technical equipment, communications, and diplomatic courier required to carry out the duties specified in the law;

8.1.3.to obtain free of charge news and information necessary for the implementation of diplomatic service from other state bodies;

8.1.4.to use the addresses with the national flag, symbol, seal, printed letterhead, and state emblem;

8.1.5.to enjoy the immunities and privileges stipulated in the international treaties of Mongolia, including the Vienna Conventions on Consular Relations and Diplomatic Relations;

8.1.6.other rights specified in the legislation of Mongolia.

CHAPTER THREE

Legal Status of Diplomatic Service employees

Article 9.Employees of the diplomatic service

9.1.Employees in the diplomatic service shall be classified diplomatic employee and service and technical employee.

9.1.1.a citizen of Mongolia who appointed to a diplomatic post of Mongolia and taken an oath of a diplomatic employee shall be called a diplomatic employee /diplomat/.

9.1.2.a diplomatic post shall be a special state post.

/This sub-paragraph was modified by the law as of January 2, 2003/

/This sub-paragraph was modified by the law as of May 6, 2008/

9.1.3.the service and technical employee of the diplomatic service of Mongolia shall be a state service official.

9.2.A citizen appointed to a diplomatic post shall take an oath before starting their duties as follows, "I am a citizen of Mongolia, swear constantly respect the freedom, independence, sovereignty, and national interests of Mongolia, and serve sincere royally to implement Mongolia's foreign policy and honor the dignity and ethical norms of a diplomatic employee and strictly maintain state and official secrets. If I recant my oath, shall be held accountable before the law of the state."

/This paragraph was modified by the law as of December 1, 2016/

9.3.The President of Mongolia shall approve the procedure for taking the oath of diplomatic employee.

9.4.Foreign citizens can be employed in diplomatic missions at the posts other than  diplomatic posts, and in this case, their contracts and transaction to be made in regards with issues such as labor, social and health insurance shall be regulated in accordance with the legislation of Mongolia and the host country.

Article 10.Powers of the head of the diplomatic mission

10.1.The head of the diplomatic mission shall exercise the following powers:

10.1.1.to provide unified management of diplomatic missions;

10.1.2.to dispose of the approved budget;

10.1.3.to issue diplomatic mission compliance procedures /instructions and rules/ in accordance with the law;

10.1.4.to provide information on foreign policy issues to the state central administrative body in charge of foreign affairs and make relevant proposals in this regard;

10.1.5.to issue orders on internal affairs of diplomatic missions;

10.1.6.to provide incentives to employees of diplomatic missions;

10.1.7.to impose disciplinary punishment on employees of diplomatic missions;

10.1.8.the head of the diplomatic mission shall submit his/her proposals regarding the appointment, recall, and dismissal of the employees of that diplomatic mission to the state central administrative body in charge of foreign affairs for decision;

10.1.9.other rights specified by law.

Article 11.Duties of diplomatic employee

11.1.In addition to the common duties of state administrative civil servant, a diplomatic employee shall undertake the following duties depending on the specifics of their work:

11.1.1.to be present to work in any appointed diplomatic post and fulfill the official duties of mission fairly;

11.1.2.to suspend from being a member of any political party or movement, or participating in its activities in any manner during period of the diplomatic service;

11.1.3.to express only official conclusions and status on issues related to the state and government policy of Mongolia through the mass media;

11.1.4.to respect the legislation and national customs of the receiving and simultaneously accredited countries and not to participate in their internal affairs.

Article 12.Rights of diplomatic employee

12.1.In addition to the common rights of state administrative civil servant, a diplomatic employee shall exercise the following rights depending on the specifics of their work:

12.1.1.rights specified in sub-paragraph 8.1.5 of this Law;

12.1.2.to be provided with normal working conditions and guarantees by taking into account of the standard of living of the receiving country.

CHAPTER FOUR

Structure, job position and diplomatic rank of the diplomatic service

Article 13.Structure and job position of the diplomatic service

13.1.The structure and job position limits of the state central administrative body in charge of foreign affairs and diplomatic missions shall be determined by the Government based on the opinion of the Cabinet member in charge of foreign affairs.

/This paragraph was amended by the law as of January 2, 2003/

13.2.The Cabinet member in charge of foreign affairs may appoint ambassador at large to perform certain duties.

13.3.The standard  for matching the additional pay of the diplomatic post and diplomatic rank with the rank of the state administrative post and its additional pay, as well as procedures on the terms and conditions of promoting to and demoting from diplomatic posts shall be approved by the state central administrative body in charge of foreign affairs in consultation with the Civil Service Council.

Article 131.Diplomatic post

131.1.The following job posts of the state central administrative body in charge of foreign affairs shall belong to the diplomatic post:

131.1.1.state secretary;

131.1.2.ambassador at large;

131.1.3.department director;

131.1.4.deputy director of the department;

131.1.5.division head;

131.1.6.unit head;

131.1.7.consultant;

131.1.8.first secretary;

131.1.9.second secretary;

131.1.10.third secretary;

131.1.11.attaché.

131.2.The following job posts of Embassies and Permanent missions of Mongolia to be resided in foreign countries shall belong to diplomatic post:

131.2.1.ambassador;

131.2.2.permanent representative;

131.2.3.missionary;

131.2.4.charge d'affaires en pied;

131.2.5.deputy permanent representative;

131.2.6.counsellor;

131.2.7.consultant;

131.2.8.military attaché;

131.2.9.first secretary;

131.2.10.second secretary;

131.2.11.third secretary;

131.2.12.attaché.

131.3.The following job posts of the Consul General and Consulate of Mongolia shall belong to diplomatic post:

131.3.1.consul general;

131.3.2.consul;

131.3.3.vice consul;

131.3.4.consular representative.

/The Article 131 above was added by the law as of December 21, 2006/

Article 14.Diplomatic ranks

14.1.Diplomatic employee shall be given the following diplomatic ranks.

14.1.1.ambassador Extraordinary and Plenipotentiary;

14.1.2.missionary Extraordinary and Plenipotentiary;

14.1.3.chief counsellor;

14.1.4.counsellor;

14.1.5.chief trustee;

14.1.6.trustee;

14.1.7.attaché.

14.2.The ranks of Ambassador Extraordinary and Plenipotentiary and Missionary Extraordinary and Plenipotentiary shall be granted by the President of Mongolia, and other diplomatic ranks shall be granted by the Cabinet member in charge of foreign affairs.

14.3.A certificate shall be given to a person who has been awarded the rank of diplomat, and a badge of distinction shall be granted to a person who has been honored the rank of Ambassador Extraordinary and Plenipotentiary and Missionary Extraordinary and Plenipotentiary, respectively.

/This paragraph was modified by the as law of May 29, 2008/

14.4.The President of Mongolia shall approve the definition and design of the distinction of badges of Ambassador Extraordinary and Plenipotentiary and Missionary Extraordinary and Plenipotentiary.

/This paragraph was added by the law as of May 29, 2008/

14.5.A rank additional pay shall be granted to an employee with a diplomatic rank specified in paragraph 14.1 of this Law.

/The numbering of this paragraph was amended by the law as of May 29, 2008/

14.6.The procedure on terms and conditions of granting, reducing, revoking or restoring the diplomatic ranks shall be approved by the official specified in paragraph 14.2 of this Law.

/The numbering of this paragraph was amended by the law as of May 29, 2008/

CHAPTER FIVE

Conditions and procedures for performing diplomatic posts

/The title of this Fifth Chapter was amended by the law as of December 21, 2006/

Article 15.Conditions for performing diplomatic posts

/The title of this article 15 was amended by the law as of December 21, 2006/

15.1.A citizen of Mongolia who meets the conditions specified in paragraphs 15.2 and 15.3 of this Law shall have the right to work upon being appointed at the diplomatic posts.

15.2.A citizen to be appointed at a diplomatic post shall have proper training and practical experience in the theory of international law, economic, and political relations, have a higher education, and possess two or more foreign languages ​​at the required level and one of them to be a universal foreign language.

/This paragraph was amended by the law as of December 21, 2006/

15.3.By taking into account of the essential need of work, special qualifications and practical experience, a person who possess one universal foreign language can be appointed to diplomatic work.

15.4.The conditions for the selection of citizens to take into the diplomatic service shall be approved by the state central administrative body in charge of foreign affairs.

15.5.The state central administrative body in charge of foreign affairs may employ civil servants of certain professions in the diplomatic service by providing special training to them upon negotiating with other state and governmental bodies.

15.6.The procedure for employment in the diplomatic service according to paragraph 15.5 of this Law shall be approved by the Cabinet member in charge of foreign affairs.

/This paragraph was added by the law as of January 26, 2017/

Article 16.Appointing, recalling and dismissing employees in diplomatic missions

/The title of this article 16 was amended by the law as of December 21, 2006/

16.1.The Ambassador Extraordinary and Plenipotentiary of Mongolia to be resided in foreign country, Permanent Mission to the United Nations, or in the event that Permanent representatives to other international organizations simultaneously performs the duties of the Ambassador Extraordinary and Plenipotentiary to be resided in foreign country, shall be appointed and recalled by the President in accordance with Sub-paragraph 5,  Paragraph 1, Article Thirty-three of the Constitution of Mongolia.

/This paragraph was amended by the law as of November 1, 2013/

/This paragraph was modified by the law as of January 26, 2017/

16.2.Except as specified in paragraph 16.1 of this Law, the Government shall appoint and recall the head of the Government's Plenipotentiary mission to the international organization and the Consul General of Mongolia to be resided in foreign countries.

16.3.The counsellor and deputy permanent representatives to work in diplomatic missions shall be appointed and recalled by the Cabinet member in charge of foreign affairs.

16.4.The Cabinet member in charge of foreign affairs shall appoint and recall the military attaché according to the proposal of the relevant organization.

/This paragraph was amended by the law as of December 21, 2006/

16.5.Except as specified in Articles 16.1-16.4 of this Law, diplomatic employees, service and technical employees shall be appointed and recalled by the State secretary of the state central administrative body in charge of foreign affairs.

16.6.The principle of rotating of a diplomatic employee in the state central administrative body in charge of foreign affairs and in the diplomatic mission shall be adhered to.

16.7.The period of a diplomatic employee to be appointed and worked at diplomatic mission shall be 4 years.

/The interpretation which was amended by the law as of January 26, 2017: The amendment made into this paragraph shall not apply to diplomatic employees who are appointed to work at diplomatic missions before June 1, 2017"/

16.8.By taking into account of work needs and results of work performed during the appointment period the competent officials to be appointed a diplomatic employee can extend the appointment period specified in paragraph 16.7 of this Law.

/This paragraph was modified by the law as of December 21, 2006/

16.9.When appointing and employing diplomatic employee, service and technical employee at diplomatic missions, their professional training, qualification, education and duration of service shall be taken into account.

CHAPTER SIX

Working conditions and guarantees of employees working in diplomatic missions

Article 17.Appointment expenses

17.1.The state shall be responsible for the expenses related to the diplomatic employee, service and technical employee working in diplomatic missions, their legitimate spouses and children under the age of 18 to the destination and returning home after the completion of their appointment.

17.2.The state shall be responsible for the expenses related to the permanent return of a child who has reached the age of 18 at the period of his/her stay in abroad with their parents.

Article 18.Guarantees of employees working in diplomatic missions

18.1.The state shall be responsible for the following supplies and guarantees for diplomatic employee, service and technical employee working in diplomatic missions:

18.1.1.to provide workplaces, housing, equipment, and means of communications and transportation necessary for the proper conduct of diplomatic activities;

18.1.2.in the event of a war or state of emergency, emergence of disaster and hazard, or an outbreak of public spread epidemics in the receiving country, to take into protection of diplomatic employee, service and technical employee, and their family members, and to take measures to eliminate property and health damage caused due to the respective situation;

/This sub-paragraph was amended by the law as of February 2, 2017/

18.1.3.to cover the health insurance in the receiving country;

/This sub-paragraph was amended by the law as of December 21, 2006/

18.1.4.if the secondary education in the receiving country has a tuition fee, the child's tuition fee shall be granted according to the average standard of the educational expense of the respective country;

18.1.5.if the pre-school education in the receiving country has a tuition fee, the child's tuition fee shall be estimated and granted at 70 percent of the average educational expense of the respective country.

/This sub-paragraph was added by the law as of January 26, 2017/

18.2.The Cabinet member in charge of foreign affairs and financial-economic affairs shall jointly determine the procedure for granting and providing housing, furniture, fixtures, transportation, and other supplies to diplomatic employee and service and technical employee working in diplomatic missions.

Article 19.Salary

19.1.The salary of diplomatic employee, service and technical employee working in diplomatic missions shall be determined by the Government every 3 years by taking into account of the cost of living and living conditions of the receiving country.

/In this paragraph the word "every 3 years" was added after the word "Government" by the law as of January 26, 2017/

Article 20.Pensions and benefits of diplomatic employee

20.1.If employees of the diplomatic service lost their lives while performing their official duties, or murdered in connection with their official duties, the state shall provide to their family one-time monetary benefits equal to 4 years' salary of the equivalent post estimating under the Mongolian tugrug.

20.2.If it is found that the conditions of previous employment in the diplomatic service were the main reason for the loss their lives, the pension of loss of family members to his/her family, and if the pension does not reach the amount of salary, the difference in the victim's earned basic salary shall be provided by the State for the period of 3 years.

Article 21.Expenses in case of death

21.1.In case of the death of employees of the diplomatic mission, their family members /legal spouses or children/, the state shall be responsible for the cost of transportation of the remains and the person who will bring it back to the home country.

Article 22.Annual leave and holidays, term of employment

22.1.The length of working hours employees working in diplomatic missions shall be the same as specified in the Law on Labor of Mongolia, however, they can work according to the conditions of the receiving country.

22.2.Employees of diplomatic missions shall be entitled to have the basic and additional vacations specified in the Law on Civil Service, Law on Labor and other related laws of Mongolia. Serving in a country with severe climatic conditions or a state of war, they shall be entitled to have additional vacation for the period of 5 working days in the first 1-4 years, and 2 working days in every 3 years for further work. The list of foreign countries considered to have severe climatic conditions shall be jointly approved by the Cabinet members in charge of foreign affairs and health and social protection.

22.3.The state shall be responsible for the expenses related to the return of employees, their spouses and children up to the age of 18 years who are working in the country with severe climatic conditions every year, and the expenses thereto of employees, their spouses and children up to the age of 18 years who are working in other country every two years.

22.4.The term of service in a diplomatic mission shall be included in the total period of civil service of the employee, and in the case of a military serviceman, in the period of active military service shall be counted. Served one year in a country with severe climatic conditions shall be counted as 1 year and 6 months.

/This paragraph was amended by the law as of December 21, 2006/

/This paragraph was amended by the law as of September 1, 2016/

Article 23.Employment of a family member

23.1.Spouse of the employee of the diplomatic mission may be employed on a contractual basis for service and technical work based on the needs and requirements of that mission.

23.2.In the event that the spouse of the employee of the diplomatic mission shall not conduct any specific job, the social insurance premium shall be responsible and paid by the employer of the employee according to the General Law on Social Insurance.

/In this paragraph, the term "shall be responsible by the State upon estimating based on the average basic salary of the civil servant" was amended into the term "shall be responsible and paid by the employer of the husband or wife according to the General Law on Social Insurance" by the law as of July 7, 2023 and shall enter into force on January 1, 2024/

Article 231.Guarantee of providing with workplace of a family member

231.1.If the spouse of the employee working at the diplomatic mission is a civil servant, his/her employer shall grant a leave for the period of the appointment.

231.2.The completion of the appointment period at the diplomatic mission and the return to the home country, the employer specified in paragraph 231.1 of this Law shall be obliged to provide the spouse with workplace.

231.3.In the event that the employer specified in paragraph 231.1 of this Law is liquidated, restructured, or the number of posts is reduced or cut due to reasons regardless of themselves, it shall be regulated as specified in sub-paragraphs 27.2.3 and 27.2.4 of the Law on Civil Service and paragraph 82.1 of the Law on Labor.

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

/This article was added by the law as of January 26, 2017/

CHAPTER SEVEN

Miscellaneous

Article 24.Disciplinary punishment to be imposed on diplomatic employee

24.1.The punishment shall be imposed according to special disciplinary rules on the diplomatic employee who violates legislation on diplomatic service, sworn oath, and ethics.

/This paragraph was amended by the law as of January 26, 2017/

24.2.The special disciplinary rules shall be approved by the Government.

Article 25.Citizen Assistance Fund

25.1.In order to protect the rights and legitimate interests of Mongolian citizens, organizations and legal entities abroad, and to provide material and financial support to them, if necessary, the Citizen Assistance Fund may be operated at the Diplomatic Mission.

25.2.The Government shall approve the procedures for establishment of the fund, disposal of fund assets, reporting and monitoring.

/This article was invalidated by the law as of June 29, 2006/

Article 26.Tax discount

26.1.The issue of tax discount on the personal items of diplomatic employee, service and technical employee working in diplomatic missions when they visit to the receiving country and return to their home country permanently shall be regulated by the relevant legislation of Mongolia.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA L.ENEBISH