(2022.08.19-ний өдрийн орчуулга) Unofficial translation

LAW OF MONGOLIA

December 20, 1993                                             Ulaanbaatar city

ON LEGAL STATUS OF TOWNS AND VILLAGES

CHAPTER ONE

GENERAL PROVISIONS

Article 1. Purpose of the Law

The purpose of this law is to define towns and villages within administrative and territorial units, their social and economic basis, and principles of governance activities, their system and power discretion, and coordinate relations between management of towns and villages with the administrative and territorial units management, and business entities, organizations and residents.

Article 2. Legislation of legal status of towns and villages

Legislation on legal status of towns and villages is comprised of the Constitution of Mongolia, this Law, and other legislative acts enacted in conformity with them.

Article 3. Towns and villages

1. A town is a self-governed centralized settlement that has not less than 15000 of inhabitants, majority of whom are employed primarily in industry and service sectors, and has developed adequate infrastructure for establishment of a town.

2. A village is a self-governed settlement that has 500-15000 inhabitants and has developed sectors that specializes either one of following sectors as agriculture, industry, tourism, recreation, sanatoriums, transportation, trade and commerce.

3. If deemed necessary, taking into account its role and significance of a village in the economic and social development of the state and respective administrative and territorial units, a matter to regard village as a town shall be decided by the State Great Khural upon considering a request submitted by the Government.

Article 4. Classification of towns

1. Towns shall be determined a State and an Aimag classification levels by taking into account of number of inhabitants, level of its urban infrastructure development, role that it plays in the economic and social development of the state and particular administrative and territorial units.

2. Towns with more than 50000 inhabitants /if it is deemed necessary up to 50000 inhabitants/ may be determined a State classification level on the basis of due consideration of town's role that it plays in economic and social development of the country, levels of urbanization, and development of its urban infrastructure.

3. A town classification level issue shall be decided by the State Great Khural upon request submitted by the Government, and an aimag level classification shall be decided by the Government upon request submitted by Citizens Representatives' Khural of the aimag.

Article 5. Jurisdiction of a town and village administrations

1. In relation to its administrative status, Towns and Villages shall belong to a particular aimag, soum, capital city, and district where it is located.

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

/This paragraph was revised by the law as of January 16, 1995/

2. Area of land used by towns and villages can be located on the territory that stretches across the territories of several soums, and if it is deemed necessary an issue related with changing boundary of that particular administrative and territorial unit shall be resolved in accordance with provisions stipulated in legislation.

Article 6. Area of land used by towns and villages

1. Towns and villages shall be entitled to possess an area of land tenure.

2. Issues in relation to allocation of land for towns' and villages' use, its size and changing of boundaries shall be resolved in accordance with provisions stipulated in legislation.

Article 7. Inventory of towns and villages

Inventory of towns and villages shall comprise of production and service facilities, housing units, roads, transport, telecommunication, heating and water supply, sewage facilities and urban utility services that are established for meeting social, economic, utility services and cultural needs of residents of a particular town and village.

Article 8. Capital funds of towns and villages

1. Towns and villages shall have capital funds established that will serve as a basis for its financial needs to ensure management and development of a town and village.

2.Capital fund of towns with state classification level shall comprise of state and local budget, and capital fund of a town and village with aimag classification level shall comprise of budget resources allocated for their needs as well as income generated from activities of economic activities of town and village ownership, donations, grants provided from domestic, foreign organizations, individuals and other income.

/This paragraph was amended by the law as of January 02, 2003/

CHAPTER TWO

TOWNS AND VILLAGES GOVERNANCE

Article 9. Basic principles of towns and villages governance

The governance of towns and villages shall adhere to the basic principles of democracy, justice, rule of law and liberation the interests of residents.

Article 10. Governance system of towns and villages

1. Governance of towns and villages shall comprise of a Mayor and Council.

2. A mayor shall be entitled to perform duties of governing and managing organization of daily operations of towns and villages.

3. The town and village council shall be established by the Mayor with a composition of 5-11 members including business entities and/or organizations that have an impact on society and economy of that particular towns and villages, and office of a Mayor.

4. The administrative authority of towns and villages that serve as center of aimag, soum, bag shall be exercised by a Governor of administrative unit where towns and villages are located.

5. Issues related with social and utility services of residents in settlements with up to 500 inhabitants shall be decided by the management of business entity that is dominant in that particular settlement, and also by Citizens General and Citizens Representatives Khurals, a Governor of bag and soum where it belongs to.

6. A mayor of towns and villages shall be entitled to have office staff. Structure, staffing limits of Mayor office shall be determined by the Government of Mongolia individually or in a uniform manner.

7. In a situation stipulated in paragraph 4 of this Article, Mayor's office of towns with the level of state classification shall be established separately from Governor's office and for other towns and villages may be within one office.

Article 11. In regards with election of Mayors of towns and villages

In circumstances other than stipulated in paragraph 4, Article 10 of this Law hereto, the mayor of a town and village shall be elected for the period of 4 years on the basis of free, direct election exercised among whole residents who are entitled to vote through casting their votes discretely.

Article 12. Nomination for Mayors of towns and village

1. The mayor of a town and village shall be nominated by the Residents' Khural/meeting of particular towns and villages, and Citizens General and Citizens Representatives Khurals of the administrative units where it belongs.

2. A citizen who has obtained support of not less than 100 residents in a village and 500 residents in a town can be entitled to nominate and run him/herself for a mayor of a town and village.

Article 13. Conducting Election

Unified election committee which is established from Citizens Representatives' Khurals of administrative and territorial units where particular town and village belong to shall organize an election for a mayor of a town and village.

Article 14. Confirmation of a mayor's election and recognition of mayor's terms of office

1. A nominee who receives majority of votes from voters who participated in the mayor's election of a town and village shall be elected as a mayor of a town and village.

2. If none of single candidates received a majority of votes, the two nominees who have received the most votes from all the voters who participated in the election shall be entitled for re-election. And two nominees who received the majority of votes from all voters shall be participated in the re-election. A nominee who received the majority of votes from all voters who participating in the re-election shall be considered elected as the mayor of a town and village.

3. Terms of office of a mayors who were elected in accordance with provisions stipulated in paragraph 1, 2 of this Article, namely, a mayor of town with state classification level shall be recognized by Prime Minister, and terms of office of mayor of a town with aimag level of classification shall be recognized by aimag Governor, and terms of office for a village mayor shall be recognized by soum Governor respectively.

4. State Great Khural shall be determine the procedures for conducting elections and dismissing or resigning mayors of a town and village.

Article 15. Dismissing and resignation of mayors of a town and village

1. A mayor of a town and village shall be dismissed on the basis of personal request and other acceptable excuses.

2. If at least 30 percent of residents with voting rights shall have submitted a proposal to dismiss the mayor in written form, and as well as the Prime Minister, the Governors of aimag or soum has made reasonable proposal, a vote of residents will be held of whether to dismiss the Mayor.

3. A mayor shall be dismissed, if court decision is enforced that proves committing of a criminal offence, and also if majority of residents participating in a vote on dismissing a mayor of a town and village supports the dismissal.

4. Decisions on releasing and dismissing of a mayor of a town and village shall be issued by the Prime Minister and related Governor of respective aimag and soum.

Article 16. Reporting of activities by a mayor of a town and village

The mayor of a town and village is entitled to report his/her work performance twice a year to residents of particular town and village, and shall inform his/her performance activities to Prime Minister and related aimag and soum Governor respectively.

ARTICLE THREE

POWERS OF A MAYOR OF A TOWN AND VILLAGE

Article 17. The powers of a mayor of a town and village regarding planning, budget, finance, and bookkeeping

1. A mayor is entitled to prepare main guideline and program of social and economic development of a town, village and have it approved by Citizens Representatives Khural of related aimag, soum, and organize subsequently their implementation activities.

2. A mayor shall be entitled to have general plans of a town, village approved in accordance with procedures stated in the legislation, and organize subsequently its implementation activities.

3. A mayor shall be entitled to spend budget resources allocated from state and local budgets for a town, village.

/This paragraph was amended by the law as of January 02, 2003/

4. A mayor shall be entitled to have received from related organization and official of a particular town, village, the information, reports and etc. on finance and economics, employment, resources, and land utilization that are required for the social and economic development of a town and village.

Article 18.  Powers of a mayor in exercising expenditure of properties owned by a town and village, and interact with business entities and organizations

1. A mayor shall be entitled to resolve issues in relation to exercising powers in expenditure of properties owned by a town and village within his/her scope of the powers granted by law, and newly creation of those properties and leasing them.

2. A mayor shall be entitled to be developed the issues of privatization of properties owned by the town and village in accordance with interests of the residents of a town and village, and to be resolved it in accordance with legislation.

3. A mayor shall be entitled to provide support and assistance for creation of production and services that are oriented towards satisfying needs of residents of a town and village.

4. A mayor shall be entitled to guide and direct functioning of business entities, organizations owned by a town and village, and appoint and dismiss their management.

5. A mayor shall be entitled to collaborate with business entities and organizations in resolving of issues related to social and economic development of a town and village, and conclude contracts for production of food and other products of consumption and provision of services to residents.

Article 19. Powers of a mayor for a town and village related to land utilization and environmental protection

1. A mayor is entitled to develop a plan for utilization of land owned by a town and village.

2. A mayor is entitled to develop proposals related to development of land organization plans being implemented in a town and village.

3. A mayor is entitled to monitor that utilization of water reserves of a town and village is carried out in accordance with regulations established.

4. A mayor is entitled to organize activities for implementation of sanitation, hygiene-disinfection measures of a town and village.

5. A mayor is entitled to inform residents of a town and village on the state of ecological situation of a town and village.

6. A mayor is entitled to develop measures for ensuring protection, rehabilitation of surrounding environment and green belt of a town and village, and organize and implement those measures.

7. A mayor is entitled to submit an issue to relevant authority for ceasing off construction and utilization of buildings and facilities that breach ecology, hygiene norms and standards of a town and village.

Article 20. Powers of a mayor of a town and village in relation to housing, utility services, trade and services

1. A mayor is entitled to allocate housing units owned by a town and village in accordance with regulations set.

2. A mayor is entitled to draw involvement in area landscape development of a town and village of business entities, organizations on contractual basis and also organize participation of residents in such measures and activities.

3. A mayor is entitled to determine working hours for utility services, trade and industry organizations which are owned by a town and village.

4. A mayor is entitled to ensure that hygiene standards are met at trade and service facilities.

5. A mayor is entitled to organize trade, fairs and other service measures.

Article 21. Powers of a mayor of a town and village related to satisfaction of residents' social protection and needs of hygiene and cultural services

1. A mayor is entitled to develop and implement a program aimed at increasing labor employment level  of residents and inhabitants.

2. A mayor is entitled to provide support and assistance to education, culture, health protection, social utility services, sport and physical training institutions in carrying out their activities and measures.

3. A mayor is entitled to organize measures aimed at protection of health, prevention from deceases for residents and ensure provision of sound conditions for organization of those activities.

4. A mayor is entitled to establish a fund from some income generated from works and services provided as well as financial and material support provided from residents in improving social protection of those residents who have living standards below than guaranteed level of livelihood.

5. A mayor is entitled to protect historical and cultural heritage sites and monuments, and organize measures for maintenance of those items in accordance with legislation.

Article 22. Powers of a mayor of a town and village in relation to construction, transportation and telecommunication

1. A mayor is entitled to organize measures for implementation of detailed plans and projects in accordance with general plans of a town and village.

2. A mayor is entitled to perform duties and responsibilities of a client in construction, rehabilitation of facilities for economy and industrial infrastructure from 'towns' and villages' own or shared capitals.

3. A mayor is entitled to issue proposal in relation to allocating permission for construction of buildings, facilities on the territory of a town and village, and commission buildings and facilities built for the purpose of housing and civil use.

4. A mayor is entitled to manage transportation organization owned by a town and village, and approve routes and schedules of public transportation means, and also exercise monitoring duties over the organization of services from other transportation organizations which provide services to residents including provision of passenger services at railway and airport terminals.

5. A mayor is entitled to give directions and guidance for functioning of radio and TV organizations owned by a town and village.

Article 23. Other  powers of a mayor of a town and village

1. A mayor is entitled to organize collaboration with law enforcement organizations in protection of social order and fighting against crimes, and provide assistance for organization of those activities.

2. A mayor is entitled to process and make decisions related with proposals, requests and claims of residents and issues related to protection of their interests if such cases are not stipulated differently in legislation.

3. A mayor is entitled to establish awards of a town and village.

4. A mayor is entitled to approve a symbol for a town and village.

5. A mayor is entitled to establish communication with towns and villages of other countries.

6. A mayor is entitled to appoint and dismiss officials for a mayor's office.

7. A mayor can be entitled to establish a fund for own discretion which is generated from incentives, grants, goodwill, humanitarian donations and other sources that are not prohibited by legislation.

Article 24. Powers of a town's and village's council

Council of a town and village shall exercise following powers:

1/ to discuss issues stipulated in paragraphs 1, 2 of the Article 17, and in paragraphs 1, 2, 4 of the Article 18, paragraphs 1, 2, 7 of the Article 19, paragraph 1 of the Article 20, paragraphs  1, 3 of the Article  21,  paragraph 3 of the Article 22, and paragraphs  1, 3, 4 and 5 of the Articles 23;

2/ to review and discuss activities of mayor's office;

3/ to discuss contributions provided and to be provided for the development of a town and village from business entities and organizations.

CHAPTER FOUR

GUARANTEE OF  POWER OF A TOWN AND VILLAGE MAYOR

Article 25. Guarantee of rights of a town and village mayor

1. A mayor of a town and village shall issue ordinance within scope of his/her authority in accordance with legislation.

2. If ordinance of a mayor of a town and village is not in compliance with legislation, a mayor her/himself is entitled to cancel related decision or Prime Minister and Governors of related aimag, soum are entitled to cancel such decisions respectively.

Article 26. Implementing of decisions of a mayor of a town and village

Decisions made by a mayor of a town and village in compliance with legislation shall be followed and implemented by business entities, organizations located in the territory of related towns and villages, and their residents.

Article 27. Expenditure of a town and village mayor

Expenditure of a mayor of a town and village shall be financed from budget allocated to a particular town and village.

Article 28. Seals and badge of a town and village Mayor

A mayor of a town and village shall have a seal, badge and printed letter head issued in accordance with the established procedure.

CHAPTER FIVE

RESIDENT OF A TOWN AND VILLAGE

Article 29. A resident

A citizen who is registered at permanent address in settlements stipulated in this Law shall be considered as a resident of a town and village.

Article 30. Rights and responsibilities of a resident

1. Residents of towns and villages shall have the following rights:

1/ a resident who is registered at labor market shall be provided in priority in  allocating jobs in the economy of the city and village;

2/ a resident entitled to vote shall have rights to vote for management of a town and village and be elected;

3/ to meet requirements of a title 'Honored citizen of a town';

4/ to submit proposals, requests on any issues for a mayor directly or through a Governor of related administrative unit.

2. A resident of a town and village shall have following responsibilities:

1/ to participate in landscape development, provision of services and clean up measures being organized at a town and village level;

2/ to decorate own house in accordance with general plan of a town and village, and maintain clean and properly cared environment and surrounding;

3/ to utilize effectively land plot possessed within land area utilized by a town and village in compliance with hygiene requirements.

CHAPTER SIX

INTERCOMMUNICATION WITH STATE CENTRAL AND LOCAL ADMINISTRATIVE AUTHORITIES FROM MANAGEMENT OF A TOWN AND VILLAGE

Article 31. Intercommunication with state central administrative body

1. A mayor of a town with state level of classification shall interact with state central administrative body, and integrate and coordinate his/her own activities in exercising his/her powers. If it is deemed necessary an issue shall be taken up to the Government for relevant decision to be made.

2. A mayor of a town with state level of classification can issue joint decision with the state central administrative body with the aim to implement sectoral and intersectoral policies.

3. A state central administrative body shall be prohibited to cause constraints in implementing of decisions made by a mayor of a town and village in accordance with legislation within the scope of terms of power allocated.

Article 32. Intercommunication with local administrative authorities

1. A mayor of a town and village may present his/her decisions to the Citizens General and Citizens Representatives Khurals of related administrative units.

2. A mayor of a town and village shall be responsible to implement the decisions by the Citizens General and Citizens Representatives Khurals of related administrative units.

3. If the decision of the mayor, includes the obligation of a Governor of administrative unit under his/her jurisdiction, and the he/she shall finds it impossible to implement and the Governor may dismiss the decision.

4. A mayor of a town and village is entitled to work in collaboration with the Governor on economical and management issues, unless otherwise provided by legislation, a dispute between a mayor of a town with state classification level and a aimag Governor shall be resolved by the Prime Minister, and a dispute between a mayor of a town with aimag level of classification and soum, bag Governors shall be resolved by a Governor of related upper hierarchy administrative unit respectively.

CHAPTER FIVE

MISCELLANEOUS

Article 33. Symbols of the town, honorary titles and other rewards

1. A town may have a symbol that represents its history, traditions and natural uniqueness and the design of symbol shall be approved by town mayor on the basis of consideration given to views and opinions of residents of a particular town.

2. A governor shall decide on a matter of awarding the title of Honorary Citizen, awarding organizations, communities or people with honorary badges, titles and other awards to whose have met requirements set for honored citizen and who have made a special contribution to the development of town and to be gloried written in the honor book.

Article 34. Media and information of towns

A town may have newspaper, journal, radio and television.

Article 35. Entry into force of the law

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

SPEAKER OF THE STATE GREAT KHURAL OF MONGOLIA

N.BAGABANDI