(2023.07.04-ний өдрийн орчуулга)              Unofficial translation

LAW OF MONGOLIA

December 24, 1993              Ulaanbaatar city

ON TRAVELLING AND IMMIGRATING ABROAD BY CITIZENS OF MONGOLIA FOR personal pURPOSES/aFfairs

Article 1.Purpose of the Law

The purpose of this Law is to regulate relations in connection with travelling and immigrating abroad for personal affairs and returning to home country by the citizens of Mongolia.

Article 2.Legislation on travelling and immigrating abroad by citizens of Mongolia for personal affairs, and international treaties 

1.Legislation on travelling and immigrating abroad by citizens of Mongolia for personal affairs shall consist of the Constitution of Mongolia, this Law and other legislative acts enacted in conformity with them. 

2.If an international treaty to which Mongolia is party stipulates otherwise than this Law, the provisions of international treaties shall prevail.

Article 3.Travelling and immigrating abroad for personal affairs

1.Travelling abroad for personal affairs shall mean a travelling abroad except the travelling for the work of organizations being conducted the special functions or the certain functions of sub-sector of the self-governing organizations of state and administrative units, cities and villages, political parties with seats in the State Great Khural, and the state executive bodies based on the decision of the Government as well as the contract. 

2.Immigrating abroad shall mean leaving Mongolia by the Citizen of Mongolia with purposes of residing permanently abroad for personal affairs.   

Article 4.A right to travel and immigrate abroad for personal affairs

1.Citizens of Mongolia shall have a right to travel and immigrate abroad for personal affairs.

2.A citizen of Mongolia who immigrated abroad shall have a right to return to their home country at any time.

Article 5.Suspending a right to travel and immigrate abroad for personal affairs

1.A right of a citizen of Mongolia to travel or immigrate abroad for personal affairs shall be suspended for the period mentioned below on the following grounds:

1/if he/she is accused or suspected of a crime, until the case is resolved;

2/if he/she convicted of a criminal sentence, until the end of the sentence or release from the sentence;

3/if an official who knows the state secret established by law and/or is directly responsible for it, applies for immigration, within 3 years from the date of dismissal or release from that position;

4/if there is a decision of a court, prosecutor, or court decision enforcement agency suspending the right to travel or immigrate abroad for personal affairs in accordance with the Law on Criminal Procedure, Law on the Violation Resolving Procedure, and the Law on the Enforcement of Court Decisions, for the period specified in the respective decision;

/This sub-paragraph was modified by the law as of May 18, 2017/

5/if a person used a fake or another person's passport and documents, or damaged and/or lost his/her foreign passport in 2 or more times due to his/her own fault, for a period of up to 2 years by the decision of the competent authority.

/This sub-paragraph was added by the law as of December 7, 2000/

2.It shall be prohibited to restrict the right of a citizen of Mongolia to travel or immigrate abroad on grounds other than those specified in paragraph 1 of this Article.

3.The state administrative body in charge of state registration in the Capital city and the police office in the local area shall monitor whether there are grounds for suspending the right to travel or immigrate abroad by a Mongolian citizen as stated in the paragraph 1 of this Article.

/This paragraph was amended by the law as of October 23, 1997/

/This paragraph was amended by the law as of December 19, 2008/

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

4.If there is a danger to human life, health, or property due to a disaster, dangerous phenomenon, danger, state of emergency or war in a foreign country, the Government shall be obliged to take measures to inform citizens traveling or immigrating to that country in advance.

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

Article 6.Granting permit in travelling and immigrating abroad for personal affairs

1.A citizen travelling or immigrating abroad for personal affairs shall be responsible for obtaining a visa for that country.

2.A citizen of Mongolia may freely travel to countries with conditions and contracts on visa-free travel at his/her request.

3.An ordinary foreign passport shall be issued based on a written request of a citizen of Mongolia to travel abroad and a valid citizen's identity card.

/This paragraph was modified by the law as of October 23, 1997/

4. /This paragraph was invalidated by the law as of October 23, 1997/

5.A citizen immigrating abroad shall submit the following documents to the state administrative body in charge of foreign nationals and citizenship matters:

/This paragraph was amended by the laws as of December 7, 2000, December 19, 2008 and July 21, 2016/

1/an immigration request;

/This sub-paragraph was amended by the law as of December 7, 2000/

2/a reference proving that the employment contract with the business entities or organization where he/she worked has been terminated and that he/she has no property debts;

3/if not employed, a reference by the local administrative authority of his/her residence;

/This sub-paragraph was amended by the laws as of October 23, 1997, October 14, 1999/

4/a permission by the immigration authority of the respective country.

/This sub-paragraph was added by the law as of December 7, 2000/ 

6.If it is required, a citizen immigrating abroad shall submit one of the following documents in addition to the documents specified in the paragraph 5 of this Article to the state administrative body in charge of foreign nationals and citizenship matters:

/This paragraph was amended by the laws as of December 7, 2000, December 19, 2008 and July 21, 2016/

1/a contract concluded with a foreign organization on employment issues;

2/if a spouse is a foreign citizen, a copy of the document on this matter /the authorized person receiving the document shall compare the copy of the document with the original one and make a mark on the accuracy of the copy at free of charge/, if it is submitted by post office, a copy certified by a notary public;

/This sub-paragraph was modified by the law as of February 10, 2011/

3/a certified invitation from a relative residing abroad permanently.

/This sub-paragraph was amended by the laws as of October 23, 1997 and October 14, 1999/

7.In accordance with Article 17 of the Law on Civil Registration, the state registration authority shall decide a request for an ordinary foreign passport, and the state administrative body in charge of foreign nationals and citizenship matters shall decide a request on immigration within 30 days respectively.

/This paragraph was amended by the law as of October 23, 1997/

/This paragraph was amended by the law as of October 14, 1999/

/This paragraph was amended by the law as of December 7, 2000/

/This paragraph was modified by the law as of December 19, 2008/

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

/This paragraph was modified by the law as of June 21, 2018/

8.In the case of suspension of a citizen's right to travel abroad for personal affairs on the grounds specified in paragraph 1 of Article 5 of this law, the state registration authority, and in the case of suspension of the right to immigrate, the state administrative body in charge of foreign nationals and citizenship matters, shall provide a reasonable response in writing respectively.

/This paragraph was amended by the law as of October 14, 1999/

/This paragraph was amended by the law as of December 7, 2000/

/This paragraph was modified by the law as of December 19, 2008/

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

/This paragraph was modified by the law as of June 21, 2018/

9.Citizens shall submit complaints related to travelling and/or immigrating abroad for personal affairs to the court.

10.The state administrative body in charge of foreign nationals and citizenship matters shall keep a consolidated record of the number of Mongolian citizens who have immigrated abroad.

/This paragraph was amended by the laws as of December 7, 2000, December 19, 2008 and July 21, 2016/

Article 7.Travelling or immigrating abroad for personal affairs by the minors or person without legal capacity

1.When a minor or a person without legal capacity travels or immigrates abroad for personal affairs, he/she shall only be accompanied by a parent or legal guardian or custodian.

2.In the event that a citizen of Mongolia between the ages of 16 and 18 immigrates with his parents or guardians, his/her written consent shall be obtained.

3.If a child who has no a parent or legal guardian or custodian is travelling across the border of Mongolia, the law enforcement agency shall monitor and notify the child protection agency.

/This paragraph was added by the law as of February 5, 2016/

4.The Cabinet member in charge of legal affairs shall approve a procedure on monitoring the travel of children across the border of Mongolia.

/This paragraph was added by the law as of December 28, 2016/

Article 8.Document and/or national foreign passport to be issued to citizen of Mongolian when travelling or immigrating abroad for personal affairs

1.If a citizen of Mongolia travels or immigrates abroad for personal affairs, a national foreign passport shall be issued to him/her.

2.If a minor travels or immigrates abroad for personal affairs, one of the following documents shall be to him/her:

1/a national foreign passport;

2/to affix the photo to the national foreign passport of the parent, legal guardian;

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

3/an identity card to be attached to the national foreign passport for children traveling abroad temporarily with their parents or legal guardians;

4/a national foreign passport for children adopted by foreign citizens for travelling abroad;

5/if a child was born on the territory of a foreign country from the registered marriage between a citizen of Mongolia and a foreign citizen travels abroad after coming to Mongolia, one of the documents specified in this paragraph based on the child's birth certificate and registration number issued by the civil registration authority to him/her.

/This sub-paragraph was modified by the law as of December 7, 2000/

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

3.The national foreign passport of Mongolia shall be a stated property of Mongolia.

4.In the event that a citizen of Mongolia loses or damages his/her national foreign passport while abroad, the diplomatic mission or consulate of Mongolia shall issue a national foreign passport or a card to return to Mongolia to him/her.

5.The national foreign passport of Mongolia shall be issued by the state registration authority, diplomatic missions and consulates abroad.

/This paragraph was amended by the law as of October 23, 1997/

/This paragraph was amended by the law as of October 14, 1999/

/This paragraph was modified by the law as of December 19, 2008/

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

6.When issuing a national foreign passport by a diplomatic mission or consulate abroad, it shall receive relevant inquiries from the state administrative body in charge of civil registration matters and submit information about the issued foreign passport.

/This paragraph was added by the law as of December 7, 2000/

/This paragraph was amended by the law as of December 19, 2008/

7.The Government shall determine a procedure on issuing, possessing and keeping national foreign passports of Mongolia.

/The numbering of this paragraph was changed from 6 to 7 by the law as of December 7, 2000/

/This paragraph was invalidated by the law as of June 21, 2018/

8.The model of the national foreign passport of Mongolia and the card to return to Mongolia shall be approved by the Cabinet member in charge of foreign affairs.

/The numbering of this paragraph was changed from 6 to 7 by the law as of December 7, 2000/

/This paragraph was invalidated by the law as of June 21, 2018/

Article 9.Rights and duties of the citizen of Mongolia travelling and/or immigrating abroad for personal affairs

1.When being abroad, a citizen of Mongolia shall have a right to be under the protection of the state and to have his/her violated legal rights and interests protected according to the law.

2.When immigrating abroad, a citizen of Mongolia shall have a right to take property and foreign currency belonging to him/her and his/her family members who are immigrating with him/her in accordance with the law.

3.Matters related to ownership and inheritance rights of citizens who have stayed abroad for a long time (more than 6 months) and are being immigrated shall be resolved in accordance with the legislation of Mongolia.

4.A citizen of Mongolia shall be responsible for any expenses related to travelling or immigrating abroad for personal affairs.

5.A citizen of Mongolia who has been living abroad for a long time or as an immigrant shall be obliged to register his/her address at the country's diplomatic mission or consulate.

A citizen of Mongolia who is temporarily traveling abroad for personal affairs can register at a diplomatic mission or consulate at his/her request.

Article 10.Liabilities to be imposed on violators of the law

1.Unless an official who has breached this Law is subject to criminal liability, he or she shall be held liable as provided by the Law on Public Service. 

2.An individual or a legal entity who has breached this Law is subject to the liability in accordance with Criminal code or Law on Violations. 

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

Article 11.Entry into force of the Law

This Law shall enter into force on February 1, 1994.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA BAGABANDI.N