/2022.12.05-ны өдрийн орчуулгын хяналт/                                             Unofficial translation

LAW OF MONGOLIA

July 5, 2007                                                                                                Ulaanbaatar city

ON RAILWAY TRANSPORT

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the Law

1.1.The purpose of this Law is to determine principles of railway transport and regulate relations in connection with ensuring traffic safety.

Article 2.Legislation on railway transport

2.1.The legislation on railway transport consists of the Constitution of Mongolia, this Law, and other legislative acts enacted in conformity therewith.

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

Article 3.Definitions of terms of the Law

3.1.The following terms used in this Law shall be interpreted as follows:

3.1.1."Railway unit" means railway strip area, basic structure, and specialized road and area for use only, vehicles and other equipment and items related to railway transport safety.

3.1.2."Railway basic structure" means (hereinafter referred to as "basic structure") engineering facilities including upper and lower railway structure, bridge and pipes; station, junction, and a set of technical and technological construction and facilities including electricity, water supply, alarm communication and information, level crossing, and restrictive fence and others which ensure normal operations of railway transportation;

3.1.3."Railway line" means the line between railway stations and its continuation at a station.

3.1.4."Railway vehicle" (hereinafter referred to as "vehicle") means locomotive, coach, and other vehicles that operate on railway;

3.1.5."Branch Road" means road that is laid from the common or specialized road for use with the purpose of rotation, loading and unloading.

3.1.6."Railway for public use" means (hereafter "public use road") road on the territory of a station open to receive, dispatch and sort railway lines and trains, rotate, receive and issue baggage and freight and to serve passengers, as well as other branch roads with the purpose of serving the public.

3.1.7."Public use area" means a warehouse or area specially dedicated to serve to the public for the purpose of loading, unloading, sorting, and storing baggage and freight of the clients, as well as the passenger's desk;

3.1.8."Specialized use railway" means (hereinafter referred to as "specialized road for use") a branch road intended to meet the owner's own needs or to provide services to certain clients on the basis of a contract;

3.1.9."Specialized use area" means a warehouse or area provided specifically to load, unload, sort and keep baggage and freight of certain clients;

3.1.10."Railway level crossing" means the intersection of an auto road, pavement, and other roads with railway at one level;

3.1.11."Railway strip area" means (hereinafter referred to as "strip") area for the purpose of operating specific technical operations along the railway line and ensuring traffic safety.

3.1.12."Railway danger/unsafe zone" means an area where train and rotation movement take place and loading and unloading are carried out;

3.1.13."Railway safe zone" means an area for the purpose of minimizing damages to legal entities and citizens from accidents and catastrophe, and ensuring safety.

3.1.14."Dimension" means size determining the distance limits of railway units, vehicle, buildings, facilities and freight's locations near the railway in accordance with traffic safety and safety technical requirements;

3.1.15."Railway organization" means owner of the basic structure, and the transporter; .

3.1.16."Owner of basic structure" means a legal entity having a right to own or possess a basic structure and holding a license to utilize the basic structure;

3.1.17."Transporter" means a legal entity with a license to engage in railway transportation;

3.1.18."Owner of public use road" means a legal entity with a public use road in its possession;

3.1.19."Owner of public use area" means a legal entity with a public area in its possession;

3.1.20."Owner of specialized use road" means a legal entity with a specialized use road in its possession;

3.1.21."Owner of specialized use area" means a legal entity with a specialized use area in its possession;

3.1.22."By-client" means an individual or legal entity having its own warehouse or area in the public and specialized use roads possessed by others, or hawing its own public or specialized use road which is connected via another branch road at a station and junction road;

3.1.23."Railway transportation operation" means a complex set of works and services interrelated in terms of management and technology during preparation for transportation, receipt, loading, unloading, transportation, and delivery of baggage, loads, freight, and containers, passenger transportation, as well as performing rotation work;

3.1.24."Basic structure schedule" means a planning document to regulate train traffic under the basic structure;

3.1.25."General schedule of train traffic" means a planning document to regulate train traffic under the total railway basic structure of Mongolia;

3.1.26."Appliance with stringent calculations" means railway service maintenance tools with special procedures to use and receive and unauthorized use of which may negatively affect railway safety.

Article 4.Scope of the application of the Law

4.1.This Law shall be applied to all railway transportation operations taking place in the territory of Mongolia irrespective of type and form of ownership.

Article 5.Principles of railway transportation operations

5.1.The following principles shall be complied with in railway transportation operations:

5.1.1.to have an integrated regulation on the schedule;

5.1.2.to be constantly monitored;

5.1.3.to ensure service access, quality and safety;

5.1.4.to ensure continuous operation;

5.1.5.to ensure market competitiveness;

5.1.6.to ensure coordination with other sectors of transport.

5.2.The state shall regulate the railway transport operation and participate in its development.

Article 6.Ownership of railway unit

6.1.The railway strip area shall be the property of the state.

6.2.The basic structures having special importance on socio-economy of the state may be set up newly to be the property of a state owned or predominantly state-owned legal entity or on the condition that it will be transferred to their ownership after a certain period of use and the Government shall determine the direction of these basic structures and the railway lines.

6.3.The railway unit, branch road, and specialized use road other than railway strip area and basic structure having special importance on the socio-economy of the state may be of any type and form of ownership.

6.4.A period of transfer of a certain share of the basic structure after a certain period of use to a state-owned or predominantly state-owned legal entity and its conditions shall be negotiated with the owner of the basic structure and stated in the license on the construction and use of the basic structure.

Article 7.Tariff and rate of railway transportation

7.1.The railway organization shall set the tariff and rate of the railway transportation service related to natural monopoly and services predominant in the market in line with this Law and the Law on prohibition of unfair competition.

7.2.International railway transportation tariffs shall be established in accordance with international agreements with Mongolia.

7.3.Changes in the tariff shall be announced to the public no less than 10 days before it comes into effect.

CHAPTER TWO

REGULATION OF THE STATE IN RESPECT TOTHE RAILWAY TRANSPORT

Article 8.Powers of the State Great Khural

8.1.The State Great Khural shall exercise the following powers:

8.1.1.to define a state policy on railway transport;

8.1.2.to monitor the enforcement of legislation on railway transport;

8.1.3.to decide on the issue of joining and leaving international agreements on railway transport by Mongolia.

Article 9.Powers of the Government

9.1.The Government shall exercise the following powers:

9.1.1.to enforce legislation and state policy on railway transport;

9.1.2. to issue or cancel license on construction of basic structure;

9.1.3. to determine the size, period, and conditions of strip land to be used by the railway organization;

9.1.4.to resolve the issue of exemption from land fees for the railway strip owner as stated in the legislation;

9.1.5.other powers stated in the legislation.

Article 10.Powers of the State Central Administrative Body in charge of railway transport issues

10.1.The State Central Administrative Body in charge of railway transport issues shall exercise the following powers:

10.1.1.to organize and ensure enforcement of the legislation on railway transport;

10.1.2.to represent the state in activities related to use of state property and transportation at order of the state in the railway transport sector pursuant to laws and international treaties;

10.1.3.to approve a package of rules on railway transport;

10.1.4.to monitor and provide recommendations and opinions on change of the tariff, product and service volume, and contract with the purpose of preventing from unfair competition in the railway transport sector;

10.1.5.to issue licenses on use of basic structure, engaging in railway transport business, production, assembly and repair of basic structure and railway vehicle, to extend, suspend and revoke the licenses;

10.1.6.to issue certificate for some unit and operations related to railway transport safety, and to extend, suspend, or revoke the certificate;

10.1.7.to expand railway unit and branch road, and monitor its new construction;

10.1.8.to take measures on ensuring railway transport safety;

10.1.9.to appoint the chief expert of the inspection and analysis on technical accidents and catastrophe of railways;

10.1.10.to develop national standard to be complied in railway transport sector, and approve them jointly with competent authority;

10.1.11.to approve list of positions for professional railway employees and list of jobs and positions directly related to train and rotation;

10.1.12.to develop and maintain integrated statistics and database of the railway transport sector;

10.1.13.to approve procedures on the transporting, loading, unloading, and storing of dangerous goods on railways jointly with the General Agency of Intelligence;

10.1.14.to approve procedure on trips by special train by such high-profile people as the President of Mongolia, the Chairman of the State Great Khural, the Prime Minister, and heads of foreign countries jointly with the General Agency of Intelligence;

10.1.15.to represent Mongolia in international cooperation on railways;

10.1.16.to give preference to some types of transportation /such as passenger, postal, and freight of having special importance on socio-economy of the state/;

10.1.17.to approve procedures on special and military transportation upon consultation with the authorized bodies;

10.1.18.other powers stated in the legislation

/The above paragraph 10.1 was modified by the law as of August 17, 2012/

10.2. /This paragraph was invalidated by the law as of August 17, 2012/

10.3.Under the jurisdiction of the state central administrative body, a railway transport control office and a unified train traffic regulation center shall work.

/This paragraph was added by the law as of August 17, 2012/

10.4.The state central administrative body may have a training, research, and development organization next to it.

/This paragraph was added by the law as of August 17, 2012/

Article 11.Powers of aimags, soums, capital city and districts governors

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

11.1.Governors of aimags, soums, capital city, and districts shall exercise the following powers:

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

11.1.1.to organize work to maintain public order at the railway strip area, units, and stations jointly with the railway organization;

11.1.2.unless otherwise stated in legislation, to ensure that a shift employee holding position directly related to railway traffic is not involved in mobilization other than conscription;

11.1.3.to issue timber, gravel, stone, sand and water required to relieve consequences of natural disasters and to ensure stable and normal operation of railway organization;

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

11.1.4.if necessary, to organize the works on mobilizing equipment and tools from business entities, organizations, and citizens on the territory with compensation, and arranging manpower to assist in order to eliminate the effects of disasters, accidents, and infractions, and to ensure safety.

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

Article 12.

/This article was invalidated by the law as of August 17, 2012/

Article 13.Railway Transport Control Office and its powers

13.1.The Railway Transport Control Office (hereinafter referred to as "the control office") shall exercise administrative control over railway transport safety, service quality, and labor protection and safety operations.

13.2.The control office consists of a senior state inspector and a state inspector.

13.3.The rights of the chief state inspector and state inspector shall be granted by the state inspector general of specialized inspection authority upon the recommendation of the state central administrative body.

/This paragraph was amended by the law as of August 17, 2012/

13.4.The Chief State Inspector of Railway Transport shall be the head of the control office.

13.5.The control office shall exercise the following powers:

13.5.1.to monitor the enforcement of legislation related to ensuring railway transport safety, transportation operation, and other decisions made to enforce them;

13.5.2.to inspect businesses irrespective of type of ownership and location whether their machinery, equipment, and facilities used in railway transport, and works, services and technological procedures related to railway transport meet railway transport safety and technology standard requirements;

13.5.3.to monitor trains and rotation traffic safety and to limit or temporarily suspend the use of railway units when there are conditions for catastrophe, accidents, or infractions;

13.5.4.to investigate the causes of catastrophe, accidents, and infractions in railway transport, make professional opinions, and take measures;

13.5.5.to submit a proposal to the competent authority on the suspension or cancellation of the special permit;

/This paragraph was amended by the law as of June 17, 2022/

13.5.6.to inspect the weight of the load, container, freight, luggage, and other information stated in transport documents.

13.5.7.an authorized official of the control office has access to and is entitled to travel in vehicles and facilities used in railway transport freely while performing his/her duty.

13.5.8.other powers stated in legislation.

13.6.The control office staff shall use special uniforms.

Article 14.A unified train traffic regulation center, its functions and powers

14.1.The unified train traffic regulation center (hereafter "traffic regulation center") has functions to regulate and coordinate the train traffic of railway organizations.

14.2.Procedure on operation of the traffic regulation center shall be governed by the common package rule on railway transport.

14.3.The traffic regulation center shall exercise the following powers:

14.3.1.to approve the integrated traffic schedule;

14.3.2.to manage and coordinate train traffic among basic structures in order to ensure traffic safety;

14.3.3.to ensure coordination for traffic control and arrangement among basic structure owners;

14.3.4.to provide comments and suggestions regarding train traffic control for implementation;

14.3.5.to provide basic structure owners with professional and methodological guidance to implement railway traffic control;

14.3.6.to develop common technological practice for railway organizations participating in transportation;

14.3.7.other powers stated in legislation.

Article 15.Common package rule of railway transport

15.1.The common package rule of railway transport shall establish the following procedures:

15.1.1.Railway equipment use procedure;

15.1.2.Procedure on railway signal and communication;

15.1.3.Procedure on railway traffic control;

15.1.4.Procedure on the study and registration of accidents and infractions in railway transport;

15.1.5.Procedure on transportation of goods on the railway;

15.1.6.Procedures on the transportation of passengers, freight, and luggage on the railway;

15.1.7.Procedure on the railway freight forwarding;

15.1.8.Procedure on train schedule coordination;

15.1.9.Procedure on use of basic structure and determination of tariffs;

15.1.10.Procedure on the issue of certificates for some units and operations related to railway transport safety;

15.1.11.Procedure on placing railway and other units, providing service and production, and accessing at the unsafe railway zone, strip area, and safety zone; 15.1.12.Procedure on the maintenance record of vehicles crossing through the border of Mongolia and acknowledgment of dispatch and receipt of vehicles;

15.1.13.Special procedure on discipline for employees who are directly involved in railway traffic, their roster and working conditions;

15.1.14.Procedures for training employees with railway professions, conducting training, and conducting professional examinations, approved jointly with the relevant state central administrative body;

15.1.15.Pro forma of contract on use of basic railway structure, common and specialized use roads, transportation, and agreement on cooperation and service provision between basic structure owner and transporter;

15.1.16.Procedures for the mutual exchange of information for railway organizations.

Article 16.Railway transport service license

16.1.The Railway transport service license shall be of the following types:

16.1.1.Construction and use of the basic railway structure;

16.1.2.Manufacture, assembly and repair of basic railway structure and vehicles;

16.1.3.Engage in railway transportation.

16.2.When applying for a license, in addition to the documents stated in paragraph 3 of Article 5.1 of the Law on Permits, the following documents must be prepared and submitted to the state central administrative body:

/This paragraph was amended by the law as of June 17, 2022/

/This paragraph was amended by the law as of August 17, 2012/

16.2.1.Feasibility study;

16.2.2.Notarized copy of license and certificate related to railway unit in possession and business owned.

16.3.The following documents shall be submitted apart from those stated in Article 16.2 of this Law when applying for a license on basic structure construction and use.

16.3.1.Environmental impact assessment;

16.3.2.Volume of investment and funding source;

16.3.3.Period of commencement of operations and bounds of area in possession.

16.4.The state central administrative body receives the application and checks the following conditions:

/This paragraph was amended by the law as of August 17, 2012/

16.4.1.Whether it ensures the enforcement of railway legislation, standards, the common package rule of railway transport, and railway transport safety;

16.4.2.Whether it ensures compliance with all rules and guidelines on technology and equipment to provide service domestically;

16.4.3.Whether it is capable of engaging in business under the license.

16.5.Relevant state central body shall verify the following and conclude when deciding on the license for basic structure construction and use.

16.5.1.whether there are circumstances that affect the state defense and security and encroach on public interests and legal rights;

16.5.2.whether the land to be allocated overlaps with state land designated for special needs or land owned by others; 

16.5.3.whether it will take measures to prevent the loss of environmental balance;

16.5.4.other relevant issues assigned by the Government.

16.6.After applying, the applicant may request to postpone the application review for a certain period in order to ensure compliance with license conditions and requirements, the completion of documents entirety, and other matters. In this case the period stated in the Article 16.9 of this Law shall be counted once the completion of entirety of the documents is submitted.

16.7.The state central administrative body shall make a conclusion after reviewing the application for a special license for the construction of basic structure, and it make a decision either to issue the license or refuse to issue after reviewing application for a special license for the use of basic structure, engagement in railway transport service, production, assembly and repair of basic structure and vehicle. .

/This paragraph was amended by the law as of August 17, 2012/

16.8.The central state administrative body shall review the application for a special permit for the construction of basic structures and related documents within 14 days and submit them to the competent authority along with the conclusion.

/This paragraph was amended by the law as of August 17, 2012/

/This paragraph was amended by the law as of August 17, 2012/

16.9.The state administrative agency shall scrutinize the application for construction and use of basic structure, engagement in railway transport service, production, assembly and repair of basic structure and vehicle and make decision either to issue the license or refuse to issue. A competent organization shall decide on issue of license for construction of basic structure within 45 days, issue of license for production, assembly and repair of basic structure and vehicle, and issue of license for engagement in transportation business within 21 days. If required this period may be extended up to 14 days.

16.10.Application to extend the license period shall be submitted in advance of 21 days of expiry of the license and the authority shall resolve the issue whether to extend period of the license or not within 14 days.

16.11.The decision to issue or refuse to issue a license shall be answered in writing within the time specified by law.

Article 17.Standardization in the railway transport sector

17.1.The standards to be followed in the railway transport sector shall be developed and implemented in accordance with this Law and the legislation on standardization, technical regulation, and accreditation of conformity assessment.

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

17.2.If it does not conflict with legislation, producer or client interests, national security, public interest, human health, or the environment, the state central administrative body may use international and/or foreign advanced standards by registering them with competent authorities.

/This paragraph was added by the law as of August 17, 2012/

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

CHAPTER THREE

ORGANIZATIONS AND CITIZENS PARTICIPATING IN TRANSPORTATION ACTIVITIES AND THEIR RIGHTS AND DUTIES

Article 18.The organizations and citizens participating in transportation and their rights and obligations

18.1.Participants in transportation shall include basic structure owner, transporter, business entities, organizations and citizens owning public and specialized use road and area obligated to provide transportation pursuant to railway transport legislation and common package rule of railway transport ensuring railway transport security.

18.2.Participants in transportation shall enter into agreement with other organizations that engage in transportation according to the template stated in Article 15.2.15 of this Law and take measures to develop terms of reference pursuant to the common package rule of railway transport

18.3.Participants in transportation shall have the below-mentioned common rights:

18.3.1.to engage in transportation pursuant to a decision made based on railway transport legislation and its enforcement;

18.3.2.to approve technical and technological rules, procedures, and instructions to be applied domestically within the framework of purpose of enforcing legislation, the common package rule of railway transport, and other rules and standards for compliance;

18.3.3.to set railway transport service price and tariffs pursuant to this Law and relevant legislation considering the sustainable economic development and customers' interests;

18.3.4.other rights stated in the legislation.

18.4.A participant in transportation shall have the following obligations:

18.4.1.to hold the license and certificate;

18.4.2.to have professional staff required to engage in railway transportation;

18.4.3.to comply with railway legislation, common package rule of railway transport and other relevant rules and standards;

18.4.4.to comply with directives regarding train traffic control issued by the unified traffic regulation center for ensuring railway traffic safety;

18.4.5.to ensure sustainable and constant operations of the railway unit in possession and provide service and maintenance according to set procedures and technology maintaining its inventory;

18.4.6.to spend a certain share of operating income on ensuring railway transport safety;

18.4.7.to provide relevant state administrative agencies with reports on activities relevant to railway transport pursuant to the common package rule of railway transport;

18.4.8 other obligations stated in legislation.

18.5.Relations relevant to transportation by participants in transportation shall be regulated by the Civil Code, the common package rule of railway transport, and other relevant legal acts.

Article 19.Rights and obligations of basic structure owner

19.1.The basic structure owner shall have the following rights:

19.1.1.to use basic structures himself/herself or have it used by transporter based on contract;

19.1.2.to receive payment for use of the basic structure and fees for other services and maintenance stated in the contract;

19.1.3.to approve the basic structure schedule according to the set procedure and make a proposition for the general schedule;

19.1.4.other rights stated in the legislation.

19.2.The basic structure owner shall have the following obligations:

19.2.1.to ensure equipment safety for its own basic structure and create normal working conditions;

19.2.2.to organize train traffic within its basic structure service according to the general schedule of train of basic structure holders and basic structure schedule and manage traffic;

19.2.3.to enter into agreement with transporters, among them those with their own investment or under them, on the basic structure's use with the same conditions, and create conducive transporting conditions;

19.2.4.to enter into agreements with owners of specialized roads under the basic structure of the transport service and take measures to arrange train traffic.

19.2.5.other obligations stated in the legislation.

19.3.In case a basic structure holder engages in transportation, financial matters for the basic structure and transportation shall be separate.

19.4.The basic structure holder shall have a security department with responsibility to protect railway units, baggage, luggage, and freight transported from criminal attacks and an internal audit office with responsibility to ensure enforcement of legislation, the common package rule of railway transport and traffic safety.

Article 20.Rights and obligations of transporter

20.1.The transporter shall have the following rights:

20.1.1.to use basic structure, specialized use road, and vehicle according contract;

20.1.2.to carry out transportation on its own or through other transporter according to orders and contract;

20.1.3.to receive service fee agreed in contract;

20.1.4.other rights stated in the legislation.

20.2.The transporter shall have the following obligations:

20.2.1.in order to avoid unfair competition, not to grant more discounted terms of transportation to shippers among which organizations under its direct affiliation;

20.2.2.tonsure operating safety for vehicles in possession;

20.2.3.other obligations stated in the legislation.

20.3.The transporter shall be prohibited from refusing to provide service on other grounds unless stated in legislation and the common package rule of railway transport.

Article 21.Owner of public and specialized use roads and areas

21.1.Owner of public and specialized use road and area shall enter into contract with basic structure holder, transporter and by-client and provide services of preparing rot transportation, loading, unloading and storing baggage, freight, coach, and container on its own road and area.

21.2.Relations of use of public and specialized use road and area shall be regulated by the common package rule of railway transport.

CHAPTER FOUR

RAILWAY UNIT

Article 22.Basic requirements for railway units

22.1.Railway basic structure, specialized use railway, specialized use area, vehicle, and other equipment and items related to railway transport safety shall comply with railway traffic and equipment safety, technological procedures and standards

Article 23.Construction and renovation of railway units

23.2.The construction and renovation of railway unit and its improvements shall be financed with funds of basic structure holder and national or local budget funds and from other sources allowed by legislation.

23.2.Investment may be made from the state or local budget to construct a new railway line connecting state or aimag level towns in Mongolia.

23.3.The government, the local self-governing and administrative authorities, and other relevant bodies shall provide all types of support for the construction of railway lines stated in Article 23.2 of this Law.

23.4.The legislation on prohibition of unfair competition shall be complied with when obtaining support from investment or an authorized body as stated in Articles 23.2 and 23.3 of this Law.

CHAPTER FIVE

BASIC REQUIREMENTS FOR RAILWAY SAFETY

Article 24.Activities to ensure the safety of railway transport

24.1.The railway transport safety shall be ensured by the following activities of the railway and other organizations and citizens:

24.1.1.to create safe travel conditions for passengers;

24.1.2.to ensure traffic safety;

24.1.3.to transport baggage, luggage and freight in order and without fail;

24.1.4.to meet the occupational safety requirements for employees of the railway organization;

24.1.5.not to have a negative impact on the environment.

Article 25.Organization of activities to ensure railway transport safety

25.1.Train and rotation traffic for railway organization, its subsidiary units, public and specialized use road holders shall be regulated by the general schedule and basic structure schedule that ensure technological conformance and safety. The schedules shall be approved by the Head of the competent authority in accordance with the procedure determined in compliance with this Law.

25.2.Energy supplier is responsible not to restrict energy supply for basic structure directly related to railway transportation in order to ensure railway traffic safety.

25.3.With the purpose of ensuring the safety of passenger and freight transportation, passenger trains shall be received and dispatched at stations and junctions only on special roads. The special road to receive and dispatch the passenger train shall have appropriate lighting, a stand, and an area.

25.4.The railway organization and the owner of public or specialized use roads and areas shall have "strict measure" tools with number and sign. The state central administrative body shall approve list of strict measure tools and procedure on its use and receive. The list of tools shall be registered with the General Agency of Intelligence.

/This paragraph was amended by the law as of August 17, 2012/

25.5.The basic structure holder shall have fire extinguisher and restoration train with special appliances to relieve consequences of natural disaster, accident and infractions and shall be responsible for keeping them in constant readiness.

/This paragraph was amended by the law as of February 02, 2017/

25.6.The railway organization and the owner of public or specialized use roads and areas shall be obliged to take prompt measures to eliminate the damage caused by natural disasters, accidents, and infractions that interfere with the operation of railway transportation.

/This paragraph was amended by the law as of February 02, 2017/

25.7.Relevant state administrative bodies, local competent authorities, business entities, and citizens shall be responsible for providing assistance to relieve the consequences of circumstances that endanger human life, health, luggage, cargo, freight and traffic safety.

25.8.Other organizations and citizens apart from the railway organization, the owner of public or specialized use roads and areas, and relevant state administrative body responsible to relieve consequences of natural disasters, accidents, and infractions shall have the right for reimbursement of expenses and losses incurred in implementing the obligations stated in Article 25.7 of this Law from railway organization pursuant to respective legislation.

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

Article 26.Unsafe freight transportation and unsafe facility use and protection

26.1.The area of buildings where unsafe freight production, storing, loading, unloading, and transferring take place (hereinafter referred to as "unsafe facilities") shall be located at a distance from basic structure which ensure safety. The state central administrative body in charge of railway transport issues shall approve the procedure to determine distance to place unsafe facility and conditions of coordinates and location. .

26.2.Unsafe facility owner shall be responsible to ensure its safety. If accidents related to an unsafe facility take place, it is responsible to inform the basic structure holder immediately.

26.3.Consignor and consignee shall ensure safety during the preparation of unsafe freight for transportation, its loading and unloading.

26.4.The basic structure holder and transporter shall be responsible for taking part in relieving the consequences of accidents, catastrophe, and infractions that taken place during unsafe freight transportation using its fire and restoring means.

Article 27.Railway strip, unsafe zone, and safe zone and their regimes

27.1.The size of the railway strip shall be determined pursuant to this Law and the legislation on land by considering license applications and project documents..

27.2.The government shall approve the regimes and size at strip and unsafe zone areas by considering urban development, requirements and conditions of railway transport safety.

27.3.The owner of basic structure shall use railway strip on certain conditions and duration and for payment.

27.4.In case plants and shrubs on the railway strip impede transport safety, the railway organization shall ensure safe conditions by replanting, cutting, mowing and burning without causing fire.

27.5.Basic structure holder, specialized use road and specialized use area holders and by-client shall provide fences on railway strip and unsafe zone.

27.6.It shall be prohibited to engage in production and service or carry out other activities apart from those stated in the regime set pursuant to this Law.

27.7.The railway organization may lease free land under the railway strip for engaging in agriculture, passenger service, storing other freight than combustible and unsafe ones and other purposes in strict compliance with railway transport safety requirements to individuals and legal entities.

27.8.The regime for the unsafe zone shall be established by the state central administrative body.

/This paragraph was amended by the law as of August 17, 2012/

27.9.If the strip, unsafe zone and safe zone overlap with areas of special rule, the strictest rule set regarding it shall apply to the area.

27.10.Governor of the particular territory shall issue permit to own and use land and do any business in safe zone outside the strip by considering recommendations and opinions made on safety in consultation with the state central administrative body.

/This paragraph was amended by the law as of August 17, 2012/

Article 28.Regime to use railway level crossing

28.1.The state central administrative body in charge of railway transport issues shall approve procedure on opening, closing and using railway level crossing, equipping with protective signal, sign and appliance and grading railway level crossing in consultation with the Police Organization.

28.2.When determining location of the railway level crossing, suggestions of the local self-governing body and railway organization shall be considered.

28.3.The basic structure holder shall be responsible for the smooth operation of the railway level crossing, its use, service and safety.

28.4.Crossings by heavy machinery and overloaded vehicles over the railway level crossing shall be undertaken with a permit from the relevant officer of the basic structure holder in charge and under the supervision of an employee appointed by him

28.5.If it is required to cross a railway with another railway line and an auto road at a different level, the entity that is laying a new road or laying last shall be responsible for such a crossing.

CHAPTER SIX

EMPLOYMENT REGULATION AND SOCIAL WELFARE OF EMPLOYEES OF RAILWAY ORGANIZATION

Article 29.Employment conditions for a railway organization's employee

29.1.Employment coordination, employment conditions, and social welfare for railway organization's employee shall be regulated by this Law, labor law, and other legislation enacted in line therewith, including collective agreements, negotiations and employment contract.

29.2.An employee who is directly involved in public use railway train and rotation traffic control and transport service shall use a uniform to perform his/her duty.

29.3.An individual who is of 18 years of age meeting employment criteria in terms of health, holding right to perform the job, involved in appropriate training shall be employed for jobs and positions directly related to train and rotation traffic.

29.4.The state central administrative body in charge of health issues shall approve duration procedure on medical examination.

29.5.Employees directly involved in train and rotation traffic, working in unsafe zone or conducting inspection in train or being involved in railway equipment experimentation shall be insured against sudden accidents by all means at the expense of their employer.

29.6.Loss caused for reason of failure to get insured against sudden accidents shall be born by the employer.  

Article 30.Employment discipline for employees of railway organization

30.1.Employment discipline for railway organization's employees shall be regulated with Law on Labor, this Law and other legislation enacted in line therewith.

30.2.The management of railway organization shall impose the following disciplinary action for an employee who has breached employment discipline:

30.2.1.to warn;

30.2.2.to reduce the basic salary by up to 20% for a period of up to three months;

30.2.3.to demote to a non-railway traffic position for up to one year;

30.2.4.to terminate employment.

Article 31.Social welfare of railway employee

31.1.An employee of a railway organization shall be provided with the following social guarantees:

31.1.1.men who have continuously worked at the railway organization for at least 25 years, and women who have worked for at least 20 years, will receive a one-time grant equal to the average salary of six months if a pension is established by the railway organization;

31.1.2.in the case of traveling by railway within the territory of Mongolia, free train travel is available on the arrival and departure routes for one trip per year.

31.2.The employee of the railway organization shall enjoy other social guarantees stipulated by law.

31.3.The family of an employee who died due to an illness caused by an industrial accident or acute poisoning, shall be compensated in accordance with Article 125.1.2 of the Labor Law.

/This paragraph was amended by the law as of July 02, 2021/

31.4.The railway organization shall bear costs incurred in regard to social welfare and benefits stated in Articles 31.1 and 31.3 of this Law

CHAPTER SEVEN

MISCELLANEOUS ISSUES OF RAILWAY TRANSPORT ARRANGEMENT

Article 32.Insurance in Railway Transport

32.1.The passenger is obliged to take out accident insurance when traveling by train.

32.2.Railway units, luggage, baggage, and freight transported by railway and railway units may be insured in accordance with the procedure prescribed by law.

Article 33.Language to be used in railway transport

33.1.Railway organizations operating in the territory of Mongolia, irrespective of type and form of ownership, shall use the official state language of Mongolia in engaging in transportation service and official correspondence.

33.2.Information for passengers, cosigners, and consignees at railway stations and other places can be disseminated in another language other than the official language of the state.

CHAPTER EIGHT

LIABILITIES TO BE IMPOSED ON VIOLATORS OF LEGISLATION ON RAILWAY

Article 34.Liabilities for violators of the law

34.1.If the act of an official who violates this Law is not criminal nature, he/she shall be held liable as provided in the Law on Civil Service.

34.2.Any person or legal entity who violates this Law shall be held liable as provided for in the Criminal Code or the Law on Violations.

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

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA LUNDEEJANTSAN.D