(2022.12.19-ны өдрийн орчуулга)                                       Unofficial translation

LAW OF MONGOLIA

June 5, 1995                                                                                                Ulaanbaatar city                                                                                                                           

ON CITIZENSHIP

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the Law

The purpose of this law shall be to regulate relations on Mongolian citizenship, acquisition, restoration and cessation of citizenship.

Article 2.Legislation on Citizenship

1.Legislation on citizenship 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 a party stipulates otherwise than this law, then the provisions of the international treaty shall prevail.

Article 3.Mongolian Citizenship

1.The following person shall be considered as citizen of Mongolia:

1/the person who was citizen of Mongolia on the day of coming into force of this law;

2/the persons who were citizens of Mongolia from and after the date of July 11, 1921 and have not lost Mongolian citizenship since then.

3/a person who became a citizen of Mongolia pursuant to this Law.

2.Residing abroad of a Mongolian citizen shall not serve as a ground for loss of Mongolian citizenship.

3.Acquisition or loss of Mongolian citizenship by any of the spouse shall not lead to change of citizenship by the other spouse.

4.Irrespective of place of residence a citizen of Mongolia shall be under state protection and enjoy protection of his/her rights and legitimate interests according to the law.

5 Deprivation, exile and extradition of Mongolian citizenship shall be prohibited.

Article 4.Non recognition of Dual Citizenship

1.Mongolian citizen shall not be allowed to hold citizenship of more than one foreign nation at the same time.

2.If a foreigner wants to acquire a Mongolian citizenship, he or she shall be required to have renounced their citizenship of the relevant nation. If legislation of relevant nation provides for loss of its citizenship on acquisition of citizenship of another nation, then cessation of citizenship may not be required.

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

Article 5.Evidence proving a Citizenship

1.An identification card and a birth certificate until obtaining the former document shall be evidences of Mongolian citizenship.

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

2.A birth certificate issued to a child born to a foreign citizen or stateless parent in the territory of Mongolia shall be considered only as proof of his/her birth.

CHAPTER TWO

MONGOLIAN CITIZENSHIP, ACQUISITION AND

CESSATION OF MONGOLIAN CITIZENSHIP

Article 6.Grounds for Acquisition of Mongolian Citizen

Mongolian citizenship shall be acquired on the following grounds:

1/by birth;

2/on acquiring Mongolian citizenship;

3/on restituting citizenship;

4/on the grounds provided for in international treaties of Mongolia.     

Article 7.A child as Mongolian Citizenship 

1.A child who was born when both parents were Mongolian citizens shall be Mongolian national irrespective of the birth within the territory of Mongolia or outside it.

2.A child born on the territory of Mongolia from parents either one of whom is a Mongolian citizen and another is a foreign citizen, shall be considered as a Mongolian citizen. In case, when a child was born on the territory of a foreign country, his or her citizenship shall be determined on the basis of a written agreement between the parents.

3.A child born when one of parents was a Mongolian citizen and the other was a stateless person shall be Mongolian citizen irrespective of place of birth.

4.A child who is within the territory of Mongolia whose parents are not identified shall be Mongolian citizen.

5.A child born in Mongolia to stateless parents whom are permanently residing in the territory of Mongolia may become a citizen of Mongolian if he/she wishes to after reaching the age of 16.

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

6.A Mongolian citizen who is adopted by a stateless person and who has not reached the age of 16 shall remain to be a Mongolian citizen.

Article 8.Acquisition of Mongolian Citizenship

A foreign citizen or a stateless person may acquire Mongolian citizenship pursuant to legislation.

Article 9.Conditions for Acquiring Mongolian Citizenship

1.The following conditions shall be met in order to acquire Mongolian citizenship:

1/ have the adequate livelihood capabilities/skills and resources;

2/have the proper knowledge of Mongolian customs, official State language and Constitution of Mongolia and being permanently resided in Mongolia for the term of up to 5 years prior to the date of application for citizenship;

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

3/other specific criteria as defined by the State Administrative body in charge of foreign nationals and citizenship on the basis of the state policy within the scope of provisions 1 and 2 of this section.

/The sub-paragraph was amended by the law as of  December 7, 2000, December 19, 2008 and July 21, 2016/

4/not to have committed a crime intentionally within the period of time specified in paragraph 2 of this section;

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

5/The citizen's relationship with foreign countries, after acquiring a Mongolian citizenship, shall not harm to reputation and interests of Mongolia.

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

2.The conditions provided for in paragraph 1 of this Article shall not be applicable to a case when a decision on acquisition of Mongolian citizenship is to be granted with respect to a minor person applying for a restitution of Mongolian citizenship on the grounds specified  in Article 14 of this Law.

3.The President of Mongolia may grant Mongolian citizenship to foreigner who has made a great contribution to Mongolia,  or acquired a profession or qualification that is in high demand in Mongolia, and have made remarkable achievements or can achieve exceptional success in any field of science Regardless of the conditions specified in subparagraph 1, 2 of the paragraph 1 of this Article.

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

4. The Government shall approve Regulations for determination of the criteria specified in paragraph 1 of this Article.

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

Article 10.Grounds for Refusal or Restraint of Granting Mongolian Citizenship

/The title of Article was amended by the law of December 7, 2000/

1.A foreigner or a stateless person shall be refused to grant a Mongolian citizenship on the following grounds:

1/a person has been convicted of a crime against humanity specified in international laws, legislations;

2/If he/she has been or carrying out activities against national security or vital/fundamental interests of Mongolia;

3/ a person  declared  a member of international terrorist organization;

4/a person has been determined by court as an extremely dangerous/violent criminal;

5/The sub-paragraph was invalidated by the law of December 7, 2000/

5/a person has previously been deported from the territory of Mongolia;

6/it has not been passed 10 years since deportation from the territory of Mongolia;

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

7/ when a person advertised a religion that inconsistent with the Mongolian national customs and laws.

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

2.A request of foreign citizens for Mongolian citizenship shall be restrained to receive on the following grounds:

1/when it does not meet the conditions provided in article 9 of this Law;

2/when it does not meet the regulations provided in article 22 of this Law;

3/if a person who is serving a sentence of imprisonment;

4/if a person who is determined by appropriate procedure that he or she has a mental or highly infectious disease, or drug addicted or chronic alcoholic;

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

3.The State Administrative body in charge of foreign national and citizenship shall submit its proposal on refusal of granting Mongolian citizenship to the President upon presentation to the Prime Minister of Mongolia if the grounds provided for in paragraph 1 of this Article are proved in accordance with appropriate procedure.

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

4.If the grounds mentioned in paragraph 2 of this article have been proved by appropriate procedure, The State Administrative body in charge of foreign national and citizenship shall formally notify that the application of a foreign citizen or stateless person to become a citizen of Mongolia is suspension from acceptance.

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

/The paragraph was amended by the law of December 19, 2008 and the law of July 21, 2016/

Article 11.Cessation of Mongolian Citizenship

A Mongolian citizen may upon his or her own request to withdraw his or her citizenship in accordance with procedure established by this Law.

Article 12.Denial of Cessation of Mongolian Citizenship

Cessation of Mongolian citizenship may be refused on the following grounds:

1/a person who applied for cessation of Mongolian citizenship failed to fulfil his or her duties or property obligations to the Mongolia related to interests of citizens and organizations;

2/a person who applied for cessation of Mongolian citizenship has been considered a suspect or accused in crime or is serving a sentence by a valid court decision;

3/cessation of Mongolian citizenship will harm to national and state security of Mongolia.

Article 13.Resolving the citizenship of an adopted child

1.A child under age of 16 who is adopted by spouses of foreign citizens shall remain as a Mongolian citizen.

2.If a foreign citizen or spouses requested to change the citizenship of a child who is a citizen of Mongolia at the time of adoption, the child's citizenship can be decided  taking into account the opinion of the adopting parents.

3.Children adopted by spouses of foreign citizens, a Mongolian citizenship and who reached the age of 16 may be allowed to leave Mongolia at their request.

CHAPTER THREE

RESTORATION AND LOSS OF MONGOLIAN CITIZENSHIP

Article 14.Restoration of Mongolian Citizenship

1. Mongolian citizenship shall be restored on the following grounds:

1/a Mongolian citizen who has lost his or her citizenship in connection with adoption on the grounds specified in paragraph 2 of Article 13 of this Law;

2/if a citizenship of Mongolia loses his or her citizenship due to the change of nationality of his or her parents within five years after reaching the age of 18;

3/people who were Mongolian citizens on or after July 11, 1921 and acquired citizenship of any foreign country.

2.In the cases mentioned in paragraph 1 of this Article, a person who wants to restore his or her citizenship shall submit his or her application to the State administrative body in charge of foreign nationals and citizenship matters.

/The paragraph was amended by the law of  December 7, 2000, December 19, 2008 and July 21, 2016/

3.An application for restoration of citizenship shall be submitted to the President of Mongolia through the State administrative Body in charge of foreign national and citizenship.

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

4.If a person who renounced the Mongolian citizenship in order to acquire a citizen of a foreign country failed to become a citizen of a foreign country, Mongolian citizenship shall be restored at his or her request.

Article 15.Grounds for Loss of Mongolian Citizenship

1.The following shall be grounds for loss of Mongolian citizenship:

1/on the ground specified in paragraph 2, Article 13 of this law;

2/by changing nationality of parents;

3/when it was determined that a person has acquired a Mongolian citizenship by creating false  documents or information concerning himself or herself;     

4/on other grounds specified in international treaties of Mongolia and this law;

5/cessation of Mongolian citizenship.

2.In case of loss of Mongolian citizenship on the ground specified in (3) of paragraph 1 of this Article the President of Mongolia shall revoke his decision on granting Mongolian citizenship to the person concerned.

CHAPTER FOUR

CHANGE OF A CHILD'S CITIZENSHIP

Article 16.Child on Acquisition of Mongolian Citizenship when both parents or any of them become a citizen of Mongolia

1.When both parents acquire Mongolian citizenship, their children under the age of 16 shall acquire Mongolian citizenship.

2.A child under the age of 16 may acquire Mongolian citizenship on request by his or her parents in case of acquisition of Mongolian citizenship by any of the parents become a citizen of Mongolia. In this case, there is a reasonable mutual written agreement by parents.

Article 17.Allowing of cessation of Mongolian Citizenship by a Child on cessation of Mongolian citizenship by both parents or any of them

In case of that both parents or any of the parents renounces the Mongolian citizenship, it may be allowed to renounce the Mongolian citizenship for a child under age of 16 upon their request made on basis of mutual written agreement of parents.

Article 18.Obtaining the consent of the child to change his or her citizenship

In case of changing the citizenship of a child aged 16 to 18,  his or her written consent shall be obtained.

CHAPTER FIVE

POWERS OF THE STATE ADMINISTRATIVE BODY IN CHARGE OF CITIZENSHIP MATTERS

Article 19.Powers of the President of Mongolia

The President of Mongolia shall make decisions on the following matters within the framework of his powers:             

1/ to grant Mongolian citizenship to foreign citizens and stateless persons;

2/ to allow to cease Mongolian citizenship;

3/ to restore Mongolian citizenship.

Article 20.Powers of State Administrative organizations

1.In matters related with to the Mongolian citizenship, the State Administrative organization in charge of foreign nationals and citizenship issues shall receive requests from persons residing on the territory of Mongolia or a foreign country, and shall presented to the Prime Minister of Mongolia along with the relevant documents and proposals for resolution and submitted to the President of Mongolia.

/The paragraph was amended by the law of December 7, 2000, December 19, 2008 and July 21, 2016/

2.According to the decision on Mongolian citizenship, the State Administrative organization in charge of foreign nationals and citizenship matters shall maintain a unified registration of persons in respect to acquisition, withdrawal, restoration and loss of Mongolian citizenship.

/The paragraph was amended by the law of December 7, 2000, December 19, 2008 and July 21, 2016/

3.The Intelligence central organization, the Central Police organization, The State Administrative organization in charge of registration and Governors of local administrative units, local police organization, Diplomatic or Consular missions of Mongolia in foreign countries shall participate in the decision of the application filed on issue of Mongolian citizenship in accordance with procedures specified in this Law and according to their respective functions.

/The paragraph was amended by the law of November 22, 2002, December 19, 2008 and June 21, 2018/

4.The Central Intelligence Agency shall make a conclusion about the person who has made a request related to matters of citizenship from the point of view of the Mongolia's national security and shall submit a specific proposal on the consideration of the matter.

5.The Central Police Organization and The State Administrative organization in charge of registration in charge of state registration, through its relevant departments, shall provide inquiries about the civil registration of the person who has applied for matters of citizenship, amendment and changes to the registration, and shall submit proposals and conclusions on other related matters.

/The paragraph was amended by the law of November 22, 2002, December 19, 2008, June 21, 2018/

6.Governors of local administrative, territorial units, local police organizations and the State registration authority shall determine and make conclusion on the personal status of a person who has made a request for citizenship and is permanent resident on the territory of Mongolia, and Diplomatic and Consulate mission of Mongolia in foreign countries shall determine and make conclusion on the personal status of a person who is permanently residing on the territory of foreign countries and who has made the same request.

/The paragraph was amended by the law of November 22, 2002, December 19, 2008, June 21, 2018/

CHAPTER SIX

PROCEDURE FOR ISSUING AND RESOLVING REQUESTS ON CITIZENSHIP ISSUES OF MONGOLIA

Article 21.Request for Matters of Citizenship of Mongolia

1.Requests for citizenship of Mongolia shall be made under name of the President of Mongolia.

2.Applicants for acquisition, restitution or withdrawal of Mongolian citizenship shall provide relevant documents in accordance with the list determined by procedure specified for in paragraph 6 of Article 22 of this Law.

3.If the applicant who wants to acquire or withdraw Mongolian citizenship together with his or her other family members shall submit the application together.

4.Either parent changing citizenship shall, in respect to his or her child who has not reached the age of 16, mention in the request whether citizenship of the child is to be changed.

5.A request related to matters of citizenship of Mongolia of a child who under age of 16 and 18 shall be submitted by his or her parents, guardians or sponsors in accordance with child's consent and signature.

Article 22.Procedure for applying for Mongolian Citizenship

1.The requests for acquisition or withdrawal of Mongolian citizenship shall be submitted to the President through Governors of province or Capital City, or if the Mongolian citizen resides in a foreign country, Diplomatic or Consular missions of Mongolia in foreign countries, and the State Administrative organization in charge of foreign national and citizenship matters.

/The paragraph was amended by the law of  December 7, 2000, December 19, 2008 and  July 21, 2016/

2.Governors of province or Capital City, upon the receipt of a request, shall obtain a reference and opinion in respect to the particular person from the Governors of soums, districts, bags or khoroos.

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

3.Governors of province or Capital City; Diplomatic or Consular missions of Mongolia in foreign countries shall, upon the receipt of a request, verify the compilation of relevant documents, with their official translation if the documents are in foreign language shall submit them to the State Administrative organization in charge of foreign nationals and citizenship together with their concrete proposals.

/The paragraph was amended by the law of December 7, 2000, December 19, 2008 and July 21, 2016/

4.The State Administrative organization in charge of foreign nationals and citizenship shall request the Intelligence and The Central Police Organization to submit their proposal and opinion in respect to a person applying for acquisition, withdrawal or restitution of Mongolian citizenship.

/The paragraph was amended by the law of  December 7, 2000, December 19, 2008 and  July 21, 2016/

5.A time limit for receiving, examining and deciding on matters related to Mongolian citizenship shall not exceed 6 months.

6.A list of documents necessary for consideration of matters related to Mongolian citizenship shall be determined by the State Administrative organization in charge of foreign nationals and citizenship.

/The paragraph was amended by the law of December 7, 2000, December 19, 2008 and  July 21, 2016/

Article 23.Opinion on Matters Related to Mongolian Citizenship

1.The State Administrative organization in charge of foreign nationals and citizenship shall pass opinion related to consideration of matters prescribed in Article 19 of this Law.

/The paragraph was amended by the law of  December 7, 2000, December 19, 2008 and  July 21, 2016/

2.The State Administrative organization in charge of foreign nationals and citizenship while formulating its opinion in respect to a request related to matters of citizenship shall thoroughly consider applicant's interests, interests of national security, content of application, references and opinions on matters of citizenship submitted from other organizations, and other relevant documents important to consideration of this matter. The opinion shall explicitly state justifications and conditions for acquisition, withdrawal, restitution and refusal of Mongolian citizenship.

/The paragraph was amended by the law of  December 7, 2000, December 19, 2008 and  July 21, 2016/

3.The State Administrative organization in charge of foreign nationals and citizenship while formulating its opinion in respect to a request related to matters of citizenship shall request any state, social, business organizations or officials to submit relevant documents. The given organizations and officials shall be obliged to submit to the State Administrative organization in charge of foreign nationals and citizenship the relevant documents within the requested period.

/The paragraph was amended by the law of December 7, 2000, December 19, 2008 and  July 21, 2016/

Article 24.Decisions on Matters related to Citizenship

1.The President of Mongolia shall issue decrees in case of granting the request on acquisition, withdrawal or restitution of Mongolian citizenship, and orders in case of refusal.

2.In accordance with paragraph 1 of this Article, resubmitted applications on the issue of citizenship shall not be accepted within a period of 6 months after such decision has been passed.

Article 25.Determination of Date of Acquisition and Withdrawal of Citizenship

1.An applicant shall be considered as a Mongolian citizen from the date of issuance of Presidential Decree on granting or restituting Mongolian citizenship.

2.An applicant shall be considered as withdrawn of Mongolian citizenship from the date of issuance of Presidential Decree on withdrawal of Mongolian citizenship.

CHAPTER SEVEN

MISCELLANEOUS

Article 26.Organizations Implementing Decisions on Matters Related to Mongolian Citizenship

1.Decisions on matters related to citizenship of a person permanently residing on the territory of Mongolia shall be implemented by Governors of province or Capital City, in respect to persons residing on the territory of a foreign country by the State Administrative Central Organization in charge of foreign affairs and by relevant Diplomatic or Consular missions of Mongolia in foreign countries.

2.A person who has acquired or restituted his or her Mongolian citizenship shall be granted a citizen's identity card of Mongolia by The State Administrative organization in charge of registration and Diplomatic or Consular missions.

/The paragraph was amended by the law of  December 7, 2000 and  June 21, 2018/

2.The Mongolian diplomatic or consular mission to foreign countries shall confiscate a citizen's identity card from a person, who renounced his or her Mongolian citizenship, and deliver to the State Administrative organization in charge of registration through The State Administrative organization in charge of foreign national and citizenship matters. The State Administrative organization in charge of registration shall enter relevant information in the database of civil state registration specified in Article 6.1 of the General law on State registration.

/The paragraph was amended by the law of December 7, 2000, November 22, 2002, December 19, 2008, December 26, 2013, July 21, 2016, and June 21, 2018/

3.A person who has lost his or her citizenship of Mongolia and resides on the territory of Mongolia shall be resolved his or her residence in Mongolia in accordance with the relevant legislation.

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

Article 27.Monitoring the implementation of the decisions on citizenship issues

Implementation of the decision on citizenship issue shall be monitored by the State Administrative organization in charge of foreign nationals and citizenship matters and other relevant organizations in accordance with their respective functions.

/The paragraph was amended by the law of  December 7, 2000, December 19, 2008, December 26, 2013 and  July21, 2016/

Article 28.Complaint against Decision on Matters Related to Citizenship

A complaint against unjustified refusal to accept an application on the issue of citizenship, violation of procedures of review of the issue of citizenship and the execution of the decision on issue of citizenship has been overstayed, extended or delayed without any clear reason, could be submitted to the relevant higher-level official of the organization and court.

Article 29.Liability for Violation of Law on Citizenship

1.The officer who violates this Law shall be amenable to the Law on Public Service in case of the infringement is not inclined criminally.

2.The citizen and legal entity that violates this Law shall be subject to liability specified in the Criminal Code of Mongolia or the Law on Infringement.

/The paragraph was amended by the law of December 4, 2015/

Article 30.Entry into force of this law

This law shall be entry into forced from July 15, 1995.

CHAIRMAN OF THE STATE GREAT KHURAL/PARLIAMENT OF MONGOLIA               J.GOMBOJAV