(2022.12.15-ны өдрийн орчуулгын хяналт)                                    Unofficial translation

LAW OF MONGOLIA

February 2, 2017                                                                                       Ulaanbaatar city

ON Disaster Protection

/Revised version/

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the Law

1.1.The purpose of this law is to organize disaster protection activities promptly and effectively, and to regulate relations related to the emergency organization and disaster management system, organizational structure and activities.

Article 2.Legislation on Disaster Protection

2.1.Legislation on disaster protection shall consist of the Constitution of Mongolia, this law and other legislative acts enacted in conformity with these laws.

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

Article 3.Framework on the Law

3.1.This law shall regulate and organize the participation of emergency organizations, disaster risk reduction councils, emergency commissions, disaster protection services, government organizations, local self-governing and local administrative organizations, legal entities and citizens in disaster protection activities, and applies relations of the implementation of the state disaster protection control.

/This paragraph was amended by the law as of May 14, 2020/

Article 4.Definitions of the terms of the Law

4.1.Terms used in this Law shall be understood as following:

4.1.1."disaster" shall mean loss of life or damage to health of many people due to natural disasters and accidents, mass loss of livestock and animals, damage to property, historical and cultural monuments, and the environment beyond the internal and economic resources of the state and local communities.

/This sub-paragraph was added by the law as of January 29, 2021/

4.1.2."catastrophe" shall mean severe snow and dust storms, droughts, zuds, floods, lightning, earthquakes, landslides, fires, outbreaks of highly contagious human, livestock and animal diseases, epidemics, and spread of pests and rodents;

/This sub-paragraph was amended by the law as of May 14, 2020/

4.1.3."accident" shall mean serious breakdown, collapse of equipment and buildings, vehicle accidents, damage, loss of radioactive and toxic chemicals and explosions due to violation of mining, industrial and technological procedures;

/This sub-paragraph was added by the law as of May 14, 2020/

4.1.4."Disaster risk" shall mean the probability of possible damage to the population, livestock, animals, property and the environment as a result of a disaster;

4.1.5."Danger" shall mean a dangerous phenomenon, accident, or human error that may cause damage to human life, health, livestock, property, historical and cultural monuments, and the environment;

/This sub-paragraph was added by the law as of January 29, 2021/

4.1.6."Vulnerability" shall mean exposure of people, animals, property and the environment to disasters and accidents;

/This sub-paragraph was amended by the law as of May 14, 2020/

4.1.7."Disaster protection activities" shall mean the implementation of disaster prevention, search, rescue, mitigation, humanitarian assistance and immediate reconstruction measures;

/This sub-paragraph was modified by the law as of May 14, 2020/

4.1.8."Disaster risk reduction activities" shall mean a set of measures aimed at assessing disaster risks, reducing the amount of potential damage, and strengthening the capacity to cope with disasters with minimal damage;

4.1.9."Disaster warning" shall mean the dissemination of signals and warning information regarding the danger of a disaster to the population;

4.1.10."Search and rescue operations" shall mean the search and rescue of population, livestock, animals, property, historical and cultural monuments and first aid help to victims;

/This sub-paragraph was added by the law as of January 29, 2021/

4.1.11."Disaster zone" shall mean an object or territory where a quarantine or restriction regime has been established due to a disaster, danger, catastrophic event or accident, or where direct search, rescue, evacuation and mitigation activities are being carried out;

/This sub-paragraph was modified by the law as of May 14, 2020/

4.1.12."Victims" shall mean citizens whose lives, health and property have been damaged or lost due to disasters and dangers;

/This sub-paragraph was modified by the law as of May 14, 2020/

4.1.13."Disaster mobilization" shall mean the involvement of additional forces and equipment, the use of necessary facilities and land for the purpose of search, rescue, disaster mitigation, humanitarian assistance and immediate reconstruction;

4.1.14."Disaster damage" shall mean negative consequences such as loss of human life and damage to health, loss of livestock, loss of property, damage to infrastructure, and impact on the environment due to a disaster or some sort of danger;

/This sub-paragraph was modified by the law as of May 14, 2020/

4.1.15."Disaster mitigation" shall mean urgent measures aimed at stopping, reducing and overcoming the consequences with minimal damage specified in Article 4.1.14 of this Law;

/This sub-paragraph was modified by the law as of May 14, 2020/

4.1.16."Immediate reconstruction" shall mean new reconstruction and rehabilitation measures aimed at normalizing the situation caused by a disaster or danger;

/This sub-paragraph was modified by the law as of May 14, 2020/

4.1.17."Professional unit" shall mean a non-staff assigned unit established under a soum, district or legal entity, provided with rescue equipment and tools, who were trained to perform disaster protection activities;

4.1.18."Voluntary group" shall mean citizens who have received appropriate training to participate in disaster protection activities on a voluntary basis;

4.1.19."Disaster emergency situation" shall mean a catastrophic event that causes serious damage to human life, health, livestock, environment and infrastructure, and loss of human-socio-economic stability and normal functioning;

/This sub-paragraph was added by the law as of May 14, 2020/

4.1.20."Disaster prevention" shall mean a set of measures taken to avoid and reduce the negative consequences of disasters and accidents;

/This sub-paragraph was added by the law as of May 14, 2020/

4.1.21."Humanitarian assistance" shall mean money, equipment, materials, works and services provided voluntarily by citizens, organizations and legal entities for disaster protection activities;

/This sub-paragraph was added by the law as of May 14, 2020/

4.1.22."Quarantine regime" shall mean to prevent, eliminate or suppress radiochemical, biological accidents, highly contagious human and animal diseases and pandemics, to isolate, treat, nurse and monitor people, livestock, animals and materials and their contacts who might be carrying infection for a specified period of time under special conditions;

/This sub-paragraph was added by the law as of May 14, 2020/

4.1.23."Restriction regime" shall mean to stop the movement of people, livestock, animals and vehicles for the purpose of implementing disaster protection activities in the administrative, territorial and disaster zones, and to restrict the activities and rights of citizens, legal entities and organizations;

/This sub-paragraph was added by the law as of May 14, 2020/

4.1.24."Readiness" shall mean comprehensive measures including integrated management, planning and organization of integrated management, planning and organization of anticipating the negative consequences of disasters and hazards and ensuring human life, health, livestock, environment, infrastructure, and socio-economic security and stability.

/This sub-paragraph was added by the law as of May 14, 2020/

Article 5.Principles of Disaster Protection Activities

5.1.The following principles shall be followed in disaster protection activities:

5.1.1.be humane, prompt, transparent and accountable;

5.1.2.to have unified professional management;

5.1.3.be based on science, advanced techniques, technologies and innovations;

5.1.4.to not regard form of ownership;

5.1.5.based on citizen participation.

CHAPTER TWO

PRE-DISTASTER ACTIVITIES

Article 6.Pre-Disaster Activities

6.1.Pre-disaster activities are based on preventive measures and have the following types:

/This paragraph was added by the law as of May 14, 2020/

6.1.1.to assess disaster risk;

6.1.2.to plan disaster protection activities;

6.1.3.to reduce disaster risk;

6.1.4.to ensure disaster protection readiness;

6.1.5.to implement disaster protection control;

6.1.6.to organize disaster protection training, marketing and provide information;

/This paragraph was added by the law as of May 14, 2020/

6.1.7.create a disaster database.

Article 7.Disaster Risk Assessment

7.1.Administrative and territorial units, state and local administrative organizations and legal entities shall conduct general and detailed disaster risk assessments regardless of the form of ownership.

/This paragraph was modified by the law as of May 14, 2020/

7.2.Detailed disaster risk assessment shall be performed by a licensed legal entity.

/This paragraph was modified by the law as of May 14, 2020/

7.3.The state administrative organization in charge of disaster protection shall issue a license to conduct a disaster risk assessment to a legal entity that meets the following requirements:

7.3.1.the risk assessment expert team shall be specialized in the field;

7.3.2.to have necessary research tools and equipment;

7.3.3.to have a database with information, facts and data required for disaster risk assessment;

7.3.4.to have established methods and techniques for disaster risk assessment;

7.3.5.to have paid the state stamp duty specified in the law.

/This paragraph was added by the law as of May 14, 2020/

7.4.The Government shall approve the procedure for conducting disaster risk assessment.

7.5.The state administrative organization in charge of disaster protection shall monitor the performance and report of the disaster risk assessment.

/This paragraph was amended by the law as of May 14, 2020/

7.6.Expenses required for disaster risk assessment shall be borne by the organization specified in 7.1 of this law.

Article 8.Planning Disaster Prevention Activities

8.1.Administrative and territorial units, state and local administrative organizations, disaster protection units and legal entities shall have disaster protection plans.

/This paragraph was amended by the law as of May 14, 2020/

8.2.A disaster protection plan is a document for organization of disaster prevention, readiness, search and rescue, mitigation, immediate reconstruction and humanitarian assistance.

8.3.The member of the Government in charge of disaster protection shall approve the instructions and methodology for developing the disaster protection plan.

Article 9.Disaster mitigation

9.1.For disaster mitigation, the administrative, territorial units, organizations and legal entities specified in 8.1 of this law shall take the following measures:

/This paragraph was amended by the law as of May 14, 2020/

9.1.1.to eliminate the causes and conditions of potential disasters;

9.1.2.to meet safety requirements and standards of state and local budgeted organizations, industrial and service organizations such as buildings, structures, schools, kindergartens and hospitals;

9.1.3.to implement structural and non-structural measure to reduce disaster risk;

9.1.4.to increase disaster management capacity;

9.1.5.to calculate disaster risk in development policy planning.

9.2."Structural measures" means measures to ensure the safety and disaster resilience of buildings, object, roads, bridges, dams and other infrastructure.

/This paragraph was modified by the law as of May 14, 2020/

9.3."Non-structural measures" means include measures such as to comply with laws, rules, regulations, instructions and standards and to plan and implement disaster risk reduction activities, to organize trainings and advertisements and other measures.

Article 10.Ensuring Readiness of Disaster Protection

10.1.Disaster protection readiness has the following degrees:

/This paragraph was modified by the law as of May 14, 2020/

10.1.1.everyday readiness;

10.1.2.high-level readiness;

10.1.3.all-out readiness.

10.2.The head of the state administrative organization in charge of disaster protection shall approve the procedure for conducting tests and inspections to ensure disaster preparedness.

10.3.During daily readiness, the following measures should be taken:

10.3.1.to conduct disaster risk assessment based on territorial and industrial principles, to plan, implement and monitor disaster protection activities;

/This sub-paragraph was amended by the law as of May 14, 2020/

10.3.2.to ensure the readiness of communication and warning means, to train the population in methods and operations to work with established signals;

10.3.3.to ensure the readiness of disaster protection equipment;

10.3.4.to disseminate disaster protection research and analysis information

10.3.5.to create disaster and local resources;

10.3.6.to record and calculate disaster mobilization equipment;

10.3.7.intersectoral plans, news and information exchange and cooperation.

/This sub-paragraph was added by the law as of May 14, 2020/

10.4.In addition to those specified in Article 10.3 of this Law, the following measures shall be taken in case of transfer to the high level of disaster protection preparedness.

/This paragraph was added by the law as of December 31, 2020/

/This paragraph was modified by the law as of May 14, 2020/

10.4.1.to deliver disaster warning signals to the population, to amend and implement disaster protection plans;

10.4.2.to transfer administrative and territorial units, state and local administrative organizations and legal entities to a special working regime;

10.4.3.to provide disaster warning to the population promptly and in an accessible manner;

10.4.4.establishing quarantine and restrictive regimes, mobilizing force, disaster and local resources;

/This sub-paragraph was amended by the law as of May 14, 2020/

10.4.5.to increase disaster resources at the national level by the decision of the Government and at the local level by the decision of the respective level Governor.

10.4.6.to restrict, cancel or prohibit the organization of cultural and public events;

/This sub-paragraph was amended by the law as of May 14, 2020/

10.4.7.to suspend in full or in part the activities of trade, production, public entertainment and service centers and educational institutions other than telecommunication, energy, food supply, gas stations and strategic purposes, to temporarily close border crossings or to restrict access to them;

/This sub-paragraph was added by the law as of May 14, 2020/

10.4.8.to organize measures to temporarily evacuate people, livestock, animals and property from the disaster zone, to provide assistance to victims, and to provide temporary shelter and food;

/This sub-paragraph was added by the law as of May 14, 2020/

10.4.9.to establish and enforce a special regime for legal entities that play an important role in ensuring social and economic stability and normal service conditions for the population;

/This sub-paragraph was added by the law as of May 14, 2020/

10.4.10.to change the duties, purposes, working conditions and working hours of state and state-owned organizations for a specified period of time;

/This sub-paragraph was added by the law as of May 14, 2020/

10.4.11.to take necessary measures to ensure the normal operation and security of objects and organizations that are especially crucial to the state, are subject to special state protection, and have strategic significance;

/This sub-paragraph was added by the law as of May 14, 2020/

/This sub-paragraph was amended by the law as of December 31, 2020/

10.4.12.to guide and monitor the relevant organization to implement measures to prevent a shortage, price inflation, and public disorder on strategic food, goods and products;

/This sub-paragraph was added by the law as of May 14, 2020/

10.4.13.to take measures to reduce or stop the dissemination of information on disasters in the mass media and social networks within a certain period and time, if the obvious misinformation about the disaster seriously hampers the disaster protection activities;

/This sub-paragraph was added by the law as of May 14, 2020/

10.4.14.to make decisions and to ensure implementation of measures to ensure economic stability;

/This sub-paragraph was added by the law as of May 14, 2020/

10.4.15.to establish and enforce special regimes at border points in cooperation with the state border protection organization and relevant organizations in the event of a disaster or emergency situation;

/This sub-paragraph was added by the law as of May 14, 2020/

10.4.16.to restrict the transportation of toxic and hazardous chemicals and cargo, and to suspend, if necessary.

/This sub-paragraph was added by the law as of May 14, 2020/

10.4.17.to obtain relevant information from citizens, organizations and legal entities if absolutely necessary, and the information must be confidential and shall not be abused for purposes other than disaster protection.

/This sub-paragraph was added by the law as of May 14, 2020/

10.5.Communication and media organizations will receive and transmit disaster related news and information regardless of order during high-level and all-out readiness.

10.6.In order to carry out search, rescue, mitigation and immediate reconstruction operations in disaster zones in several administrative and territorial units, the following measures shall be taken:

10.6.1.to restrict the activities of telecommunications, energy, gas stations and other industrial and service organizations for a certain period of time;

10.6.2.to take measures specified in the disaster protection plan.

/This paragraph was invalidated by the law as of May 14, 2020/

10.7.When transferred to the all-out readiness level, the measures specified in Articles 10.3 and 10.4 of this Law shall be implemented in their entirety.

/This paragraph was modified by the law of May 14, 2020/

10.8.The head of the state administrative body in charge of disaster protection shall approve the procedure for working under the special work regime specified in 10.4.2 of this Law.

10.9.Any decision or measure taken in accordance with Article 10.4 of this Law shall meet the following requirements in case of restricting the fundamental rights and freedoms of citizens protected by the Constitution of Mongolia:

10.9.1.to be issued in accordance with the grounds and procedures specified in the law;

10.9.2.to have a goal to protect national security, social order, public morals, public health or other fundamental human rights and freedoms;

10.9.3.to have a definite scope and timeframe that is necessary to achieve the goals set forth in Article 10.9.2 of this Law;

10.9.4.not to violate the provisions of the Constitution of Mongolia such as the right to life, belief, freedom of religion, and the prohibition of torture or inhuman acts and or degrading treatment or punishment.

/This sub-paragraph was added by the law as of May 14, 2020/

10.10.Decisions and measures taken for the purpose of disaster protection shall limit the basic rights and freedom of citizens as low as possible in accordance with the circumstances.

/This paragraph was added by the law as of May 14, 2020/

10.11.The State Great Khural of Mongolia shall regularly monitor the compliance of decisions made by the Government in accordance with Article 10.4 of this Law and with the Constitution of Mongolia and other laws.

/This paragraph was added by the law as of May 14, 2020/

Article 11.Transfer to readiness level and emergency situations of international quarantine

/This article title was amended by the law as of April 09, 2020/

11.1.In order to organize and implement disaster prevention, search, rescue, disaster mitigation and immediate reconstructions step by step, the official specified in Article 11.3 of this Law shall be transferred to a high level of readiness and all-out readiness in accordance with the relevant decision.

/This paragraph was invalidated by the law as of May 14, 2020/

11.2.Disaster readiness shall be transferred in complete or in partial, step by step or directly.

/This paragraph was modified by the law as of May 14, 2020/

11.2.1.as mentioned in 11.2 of this Law "Complete" means administrative, territorial unit, state and local administrative organization, citizen legal entity as a whole, "partial" means only some parts of administrative and territorial unit, state and local administrative organization, citizens and legal entities to transfer to a level of readiness.

/This sub-paragraph was added by the law as of May 14, 2020/

11.3.The decision to transfer to a high level or all-out readiness level, eviction and evacuation shall be made by the following officials:

/This paragraph was added by the law as of December 30, 2021/

11.3.1.head of the Emergency Commission of the respective soum or district based on the proposal of the relevant professional organization in the territory of the soum or district;

/This sub-paragraph was modified by the law as of May 14, 2020/

11.3.2.head of the Emergency commission, based on the proposal of the respective soum, district's emergency commission head or professional organization of relevant two or more soums or districts, aimags;

/This sub-paragraph was modified by the law as of May 14, 2020/

11.3.3.the Government at the national level or in the capital city and several aimags based on the proposal of the Head of the State Emergency Commission;

/This sub-paragraph was amended by the law as of May 14, 2020/

11.3.4.if necessary, the head of the state disaster protection unit of the branch or organization in charge.

/This sub-paragraph was amended by the law as of May 14, 2020/

11.3.5.the government shall establish special conditions for emergency situations of international quarantine.

/This sub-paragraph was added by the law as of April 09, 2020/

11.4.The proposal to transfer the official to the level of preparedness specified in Article 11.3 of this Law shall include a draft decision reflecting the grounds for transferring to the state of readiness, high-level and all-out readiness of disaster spread across the territory.

/This paragraph was invalidated by the law as of May 14, 2020/

11.5.During the training specified in 13.3.1 of this Law, by the decision of the respective level Governor, he/she may be temporarily allowed for transfer to the high level of readiness.

/This paragraph was modified by the law as of May 14, 2020/

11.6.The official or his / her higher-level organization, official who made the decision to transfer to the state of readiness shall also make the decision to reduce or cancel the degree of readiness.

/This paragraph was amended by the law as of December 31, 2020/

/This paragraph was amended by the law as of May 14, 2020/

Article 12.Implement disaster protection monitoring

12.1.A State Disaster Protection Inspector shall monitor the implementation of disaster protection legislation, rules, regulations, standards, disaster risk assessment and disaster protection plans.

12.2.The Government shall approve the rules and regulations related to the implementation of disaster protection control.

12.3.The General Inspector of State Disaster Protection and Fire unit shall be the head of the state administrative body in charge of disaster protection.

/This paragraph was amended by the law as of May 14, 2020/

Article 13.Organize disaster protection training

13.1.Disaster protection training will be aimed at training officials, employees of state and local administrative organizations, legal entities, and citizens.

13.2.Disaster protection training will be organized into the following categories:

13.2.1.senior management;

13.2.2.emergency management organization personnel;

13.2.3.students, pupils and preschool children;

13.2.4.officials and employees of state and local administrative organizations and legal entities;

13.2.5.disaster protection & specialized unit personnel;

13.2.6.citizens.

13.3.Disaster protection training will be organized by the following organizations and officials:

13.3.1.the state administrative organization in charge of disaster protection shall provide training for senior officials of the disaster protection organization, state disaster protection unit, and senior officials of aimags and the capital city;

13.3.2.training for local disaster protection organizations, legal entities, senior officers of professional units and civilian training of military service shall be organized by the local emergency organization;

13.3.3.training for soum, district professional units and disaster protection volunteer groups shall be organized by the respective level Governor;

13.3.4.training for citizens shall be organized by bag, khoroo governors;

13.3.5.training for emergency organization personnel shall be organized by chief of the unit;

13.3.6.training for colleges student, high school students, preschool students shall be organized by the educational institute in accordance with the approved curriculum;

13.3.7.training for employees of a legal entity shall be conducted by an authorized official of the legal entity.

13.4.The training specified in 13.3.1 of this Article shall be organized once in 2 years, and the training specified in 13.3.2, 13.3.3, 13.3.4, 13.3.5 and 13.3.7 shall be organized annually.

13.5.The Mongolian Red Cross Society shall support and cooperate in organizing the training specified in Article 13.2 of this Law within the scope of its responsibilities.

Article 14.Create a disaster database

14.1.The state organization in charge of the national emergency is responsible for compiling data on disasters, catastrophes and accidents, processing statistical information, conducting disaster protection research and analysis, using the results, suggestions and recommendations in its activities, informing and disseminating them to the public.

14.2.The disaster database shall consist of the following information:

14.2.1.geographical information on disaster risk areas;

14.2.2.registration and information on population and infrastructure prone to disaster;

14.2.3.reports on disaster, emergency, accident and damage;

14.2.4.other information.

CHAPTER THREE

DISASTER ACTIVITIES

Article 15.Disaster activities

15.1.Activities during a disaster, emergency situations, danger, and accidents consist of the following measures:

/This paragraph was modified by the law as of May 14, 2020/

15.1.1.to organize disaster communication and warning information;

15.1.2.to determine the outbreak zone;

15.1.3.to search and rescue;

15.1.4.to mobilize and evacuate;

15.1.5.to conduct disaster mitigation.

15.2.Disaster operations shall be organized in accordance with relevant rules, regulations, instructions and standards.

15.3.The head of the state administrative organization in charge of disaster protection shall approve the general procedure for organizing search and rescue operations.

Article 16.Organize disaster communication and warnings

16.1.Disaster signal and warmings shall be organized promptly on disaster and danger signals, warnings, disaster situations and measures being taken.

16.2.All types of communication networks shall be used to collect information on disasters and hazards, communicate relevant decisions to state and local administrations, and exchange information between countries.

16.3.Communication and media organizations shall be obliged to transmit disaster and danger signals and warnings promptly and free of charge, regardless of the form of ownership.

16.4.The organization of communication and information exchange with the emergency group operating in the outbreak zone shall be carried out by the emergency and special government agencies.

/This paragraph was amended by the law as of May 14, 2020/

16.5.The Government shall approve disaster warnings and procedures for their transmission.

Article 17.Determine the Disaster Zone

17.1.The disaster zone will be determined by the following officials:

17.1.1.The Governer shall be based on either the management of the organization, which directly manages disaster mitigation in aimags, soums, the capital city, districts, territories, and objects, or on the suggestion of the professional organization;

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

/This sub-paragraph was modified by the law as of May 14, 2020/

17.1.2.The Government shall be based on the proposal of the member of the Government in charge of emergency situations in the territory of several aimags and critical state objects.

17.2.The Government shall approve the procedure for establishing and operating quarantine and restriction regimes.

/This paragraph was added by the law as of May 14, 2020/

17.3.Measures implemented in the disaster zone shall be managed, organized and monitored by the local emergency management organization.

/This paragraph was added by the law as of May 14, 2020/

Article 18.Search and Rescue

18.1.Search and rescue operations shall be carried out by designated task forces.

18.2.The task force leader shall be an emergency management agency officer and will be responsible for conducting and leading search and rescue operations.

18.3.Volunteers and citizens involved in search and rescue operations shall act in accordance with the instructions of the task force leader.

18.4.Medical institutions are obliged to provide medical care and services to victims promptly, regardless of the form of ownership.

18.5.The procedure and instructions for the operation of the task force specified in Article 18.1 of this Law shall be approved by the head of the state administrative body in charge of disaster protection.

Article 19.Mobilization and evacuation

19.1.In case of disasters, catastrophes and accidents, if necessary, mobilize resources and evacuate people, livestock, animals, property, museum exhibits, collections, historical and cultural monuments to safe areas.

/This paragraph was amended by the law as of January 29, 2021/

19.2.The Government shall approve the procedure for mobilization and evacuation specified in Article 24.1 of this Law.

19.3.Administrative and territorial units shall have resettlement areas, accommodation facilities, organizations and legal entities shall have temporary gathering areas.

/This paragraph was added by the law as of May 14, 2020/

Article 20.Disaster mitigation

20.1.Disaster mitigation activities shall be carried out by the state and local administrative organizations and legal entities themselves, or by the emergency management organization in cooperation with professional organizations, depending on the circumstances.

20.2.State and local administrative organizations and legal entities specified in Article 20.1 of this Law shall, if necessary, carry out disaster mitigation activities based on the damage and needs.

20.3.The Government shall approve the procedure for disaster damage and needs assessment.

20.4.The Government shall approve the procedure for reimbursement of expenses incurred by disaster mitigation activities to legal entities and support to victims.

CHAPTER FOUR

IMMEDIATE RECONSTRUCTION ACTIVITIES

Article 21.Immediate reconstruction activities

21.1.Immediate reconstruction activities has the following directions:

21.1.1.to bring normality back to society;

21.1.2.rebuild infrastructure.

21.2.Expenditures required for immediate reconstruction shall be decided by the Government at the national level and by the Governor of the respective level the local level.

21.3.Humanitarian assistance provided by domestic and foreign or international organizations, legal entities and citizens for immediate reconstruction can be accepted.

/This paragraph was modified by the law as of May 14, 2020/

CHAPTER FIVE

STRUCTURE AND MANAGEMENT OF DISASTER

PROTECTION ORGANIZATIONS

Article 22.Organization of disaster protection activities

22.1.Disaster protection activities shall be organized by administrative and territorial units, state and local administrative organizations, and legal entities regardless of the form of ownership.

22.2.At the national level, the National Council for Disaster Risk Reduction and local councils (hereinafter referred to as "National and local councils") shall be established at the aimag, capital city and district levels.

22.3.The State Emergency Commission shall be established by the Government, aimags, soums, the capital city, and districts by the Governor of the respective level to provide unified management and coordination of disaster protection activities, to make decisions, to promptly organize, and monitor during disaster and emergency situations.

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

/This paragraph was modified by the law as of May 14, 2020/

22.4.The Emergency service organization shall coordinate the activities of state organizations, local self-government, local administrative organizations and legal entities, and the participation of citizens in the planning, organization and implementation of disaster protection activities at the national and local levels.

22.5.The National and Local Councils are part-time and responsible for incorporating comprehensive disaster risk reduction measures based on public-private and inter-sectoral cooperation and citizen participation in development policy planning, and for providing policy recommendations and guidelines.

/This paragraph was modified by the law as of May 14, 2020/

22.6.In order to promptly organize and coordinate inter-sectoral disaster protection activities, exchange information, and rationally allocate resources and resources, to rely on other organizations of the state administrative center and relevant local administrative organizations, the Governor of the respective level will decide on establishing State unit of disaster protection unit in aimag, soum, capital city, and districts alongside the member of Government in chafe of disaster protection.

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

/This paragraph was modified by the law as of May 14, 2020/

22.7.Soums, bags and khoroos may establish volunteer disaster protection units based on local people.

22.8.Aimags, Soums, the capital city, districts and legal entities shall have specialized units to support disaster protection activities.

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

22.9.The rules of procedure of the composition of the National Council and the State Emergency Commission shall be approved by the Government, the rules of procedure of the State Disaster Protection Organization shall be approved by the Government member in charge of disaster protection, and the rules of operation of the specialized unit shall be approved by the head of the state administrative organization.

/This paragraph was modified by the law as of May 14, 2020/

22.10.A special state commission including of members of the government and heads of relevant state administrative organizations shall be established.

/This paragraph was added by the law as of December 31, 2020/

Article 23.Disaster protection activities management

23.1.Disaster protection activities shall be directed at the national level by the member of the Government in charge of disaster protection, at a local level by the respective level Governor, and for state and local administrative organizations and legal entities it shall be organized and implemented by their management.

23.2.The National Council shall be chaired by the Prime Minister, and the local council shall be chaired by the Chairman of the respective level Citizens 'Representatives' Meeting.

/This paragraph was modified by the law as of May 14, 2020/

23.3.The state emergency commission shall be chaired by the member of the Government in charge of disaster protection, and the local emergency commission shall be chaired by the respective level governor.

23.4.The deputy head of the state emergency commission shall be the head of the state administrative organization in charge of disaster protection, the deputy head of the local emergency commission shall be the head of the local emergency organization, and the deputy head of the soum emergency commission shall be the head of the soum governor's office.

Article 24.Disaster protection equipment

24.1.Employees of organizations in charge of emergency situations, citizens completing their military service equivalently and those who have served in the military, disaster prevention voluntary groups, legal entities, search dogs, disaster prevention units, professional units, their objects, buildings, machinery, equipment, and inventory are all examples of disaster prevention forces.

/This paragraph was modified by the law as of May 14, 2020/

24.2.The professional unit shall be composed of Mongolian citizens, men aged 18-60 and women aged 18-55 with full working capabilities, and shall not include military servicemen, persons with disabilities, who have pre-school children or pregnant women, or single mothers /fathers/.

24.3.The Mongolian Red Cross Society will act as an additional force in the organization and implementation of disaster protection activities in accordance with the law.

CHAPTER SIX

THE POWERS OF DISASTER PROTECTION ADMINISTRATION

Article 25.Powers of the State Great Khural of Mongolia

25.1.In the event of a disaster or emergency situation that may cause serious damage to national security, the State Great Khural of Mongolia shall consider the issue as a matter of urgency and make laws and other decisions of the State Great Khural, regardless of the order.

/This paragraph was modified by the law as of May 14, 2020/

25.2.The State Great Khural of Mongolia shall determine the basis of the state policy on disaster protection.

Article 251.Powers of the National Security Council

/The title of this article was added by the law as of May 14, 2020/

251.1.To promptly discuss issues related to disasters and emergency situations at the meetings of the National Security Council, and to provide directions and recommendations to the State Great Khural and the Government.

Article 26.Powers of the Government of Mongolia

26.1.The Government of Mongolia shall exercise the following powers in the field of disaster protection:

26.1.1.to approve, rules and regulations on disaster protection in Mongolia;

/This paragraph was amended by the law as of December 17, 2021/

/This paragraph was modified by the law as of May 14, 2020/

26.1.2.to approve the disaster protection plan of Mongolia, to determine the criteria for determining the disaster and the level of disaster;

/This paragraph was modified by the law as of May 14, 2020/

26.1.3.to make decisions on the participation of certain units and branches of the state military organization in disaster protection activities with the consent of the Commander-in-Chief of the Armed Forces;

26.1.4.to make decisions to involve the rescue team in international search and rescue operations;

26.1.5.to announce disasters, emergency situations and measures to be taken against them, and to inform the public through the media on a regular, prompt, accessible and detailed basis;

/This paragraph was modified by the law as of May 14, 2020/

26.1.6.to make decisions on mobilization of disaster protection forces and evacuation;

/This paragraph was added by the law as of May 14, 2020/

26.1.7.to determine the direction of measures to be taken in case of transfer to the level of disaster protection readiness in accordance with the proposal of the State Emergency Commission and to decide on the relevant funds;

/This paragraph was added by the law as of May 14, 2020/

26.1.8.public holidays and celebrations specified in the law shall be temporarily prohibited when it is transferred to the state of readiness based on the proposal of the State Special Commission.

/This paragraph was added by the law as of May 14, 2020/

Article 27.Powers of national and local councils

27.1.The National Council shall exercise the following powers:

27.1.1.provide policy recommendations on the inclusion of strategic objectives and sources of funding for disaster risk reduction in Mongolia's economic and social development guidelines, sustainable development policies and programs;

/This paragraph was amended by the law as of December 17, 2021/

27.1.2.to effectively implement post-disaster recovery measures and make policy recommendations to align with the country's sustainable development policies and objectives;

27.1.3.to ensure public-private partnerships, cooperation and citizen participation in disaster risk reduction activities;

27.1.4.to provide guidance on the introduction of new scientific, technical and technological achievements and innovations in disaster risk reduction activities;

27.1.5.to provide local councils with policies and recommendations.

27.2.The local council shall exercise the powers specified in 27.1 of this law within the scope of its authority.

Article 271.Power of Emergency Commission

/The title of this article was added by the law as of May 14, 2020/

271.1.The State Emergency Commission shall exercise the following powers in matters of disaster protection:

271.1.1.to provide integrated management of disaster protection activities, to provide regulation, to make decisions, to promptly organize implementation, reduce disaster risk, disaster mitigation and to monitor;

271.1.2.to implement and monitor the measures specified in Articles 10.4 and 10.7 of this Law within the direction set by the Government when transferred to the level of disaster protection readiness;

271.1.3.to monitor and to hold disaster protection units, local emergency commission, governmental and non-governmental organizations and legal entities accountable for the implementation of the rights and duties regarding disaster protection and to compute responsibility;

271.1.4.to issue resolutions, orders and official tasks regarding the implementation of disaster protection measures;

/This paragraph was amended by the law as of December 31, 2020/

271.1.5.to present the implemented measures taken for disasters and emergencies to the Government;

271.1.6.to establish and operate an emergency headquarters to manage at the national level and an emergency group at the local level, if necessary.

271.1.7.to listen to information from government organizations and legal entities, if necessary.

271.1.8.to mobilizing property and buildings owned by citizens, legal entities, and organizations for catastrophe prevention, search and rescue, damage removal, and immediate reconstruction efforts with recompense.

/This paragraph was added by the law as of December 31, 2020/

271.1.9.to approve general rules, regulations, and instructions for the implementation of disaster preventive activities.

/This paragraph was added by the law as of December 31, 2020/

271.2.The local emergency commission shall exercise the powers specified in Articles 27 1.1.1, 271.1.2, 271.1.3, 271.1.4, 271.1.5, 271.1.6, 27 .1.7,271.1.8 of this Law within the scope of its authority.

/This paragraph was amended by the law as of December 30, 2021/

271.3.Organizations, legal entities, officials and citizens operating in the territories of which the Emergency commission decided to implement an establish quarantine and restrictive regime, they are required to comply with organizational measures being taken for its implementation.

271.4.The operational costs of the emergency headquarters and emergency groups shall be financed from the Government reserve fund and from the local governor's reserve fund.

271.5.The state administrative organization in charge of disaster protection shall carry out the daily activities of the state emergency commission.

271.6.The State Emergency Commission shall have a stamp, mark, symbol and letterhead issued in accordance with established procedures.

Article 28.Powers of the member of the Government in charge of disaster protection

28.1.The member of the Government in charge of disaster protection shall exercise the following powers in the field of disaster protection:

28.1.1.to develop the state policy on disaster protection and to manage and lead disaster protection activities at the national level;

28.1.2.to introduce and to resolve the proposal to transfer to a high level or all-out level of readiness in the event of a disaster that has or will likely occur nationwide or in the territory of aimags, the capital city and multiple aimags to the Government;

/This paragraph was invalidated by the law as of May 14, 2020/

28.1.3.to use disaster resources in accordance with relevant procedures and monitor their restock;

28.1.4.to introduce and to resolve the issue of allocating additional expenses required for disaster protection activities from the Government reserve fund and goods, materials and equipment from the state reserve;

28.1.5.to approve rules, procedures, instructions and guidelines, inter-sectoral collaboration plans and guidelines related to disaster protection activities;

/This paragraph was amended by the law as of December 31, 2020/

28.1.6.to promptly inform the President of Mongolia, the Speaker of the State Great Khural and the Prime Minister about the disaster situation;

28.1.7.to introduce and to resolve a proposal to involve the rescue team in international search and rescue operations;

28.1.8.to submit to the Government a proposal and make decision to mobilize forces in the event of a disaster and to involve some units and branches of the state military organization in disaster protection activities;

28.1.9.to submit to the Government a proposal and make decision on measures to be taken to improve the policy and activities of the emergency organization;

28.1.10.to submit to the Government a proposal and make decision on renovation and update of buildings, special purpose clothing, machinery, equipment and tools.

28.1.11.to submit the draft budget for disaster protection activities to the Government for approval.

/This paragraph was added by the law as of May 14, 2020/

Article 29.Functions of the state administrative organization in charge of disaster protection

29.1.The state administrative organization in charge of disaster protection shall have the following functions:

29.1.1.to organize the implementation of disaster protection legislation, state policy, decisions of the Government and the Government member in charge of disaster protection, to ensure their implementation and to monitor their implementation;

29.1.2.to develop and approve Mongolia's disaster protection plan, organize and monitor its implementation;

29.1.3.to develop, have approved and implement guidelines for transferring to high level and all-out readiness;

29.1.4.to direct and monitor the activities of local emergency organizations;

29.1.5.to inform the population about disasters, catastrophes, accidents and dangerous situations through the mass media or directly, and to provide instructions and recommendations;

29.1.6.to prepare necessary information and research, summarize the disaster situation and present it to the member of the Government in charge of disaster protection;

29.1.7.to mobilize the necessary forces and equipment for disaster protection activities;

29.1.8.to develop proposals on mobilization and evacuation costs and compensation for disasters and resolve them in accordance with the legislation;

29.1.9.to organize and monitor the delivery, transportation and distribution of goods and materials provided by the Government, domestic and international humanitarian aid to the required places;

29.1.10.to organize disaster protection activities of the disaster protection unit, state and local administrative organizations, legal entities and professional units, as well as to provide professional and methodological guidance and to support;

29.1.11.to manage and organize the stocking and restocking of the disaster reserve;

29.1.12.to establish and use a database for disaster research and analysis;

/This sub-paragraph was amended by the law as of May 14, 2020/

29.1.13.to develop rules, procedures, instructions and standards related to disaster protection activities;

29.1.14.to issue and revoke licenses to legal entities conducting disaster risk assessment and to monitor their activities;

29.1.15.to monitor the implementation of measures taken by state and local administrative organizations on disaster protection;

29.1.16.to study and consolidate the implementation of the legislation on disaster protection and submit proposals to the competent authority for improvement;

29.1.17.to work with foreign countries, international and domestic organizations, develop cooperation and provide professional support on disaster protection issues;

/This sub-paragraph was amended by the law as of May 14, 2020/

29.1.18.to form a team for international search and rescue operations and to organize any activities to strengthen their capacity;

29.1.19.to implement training and preparation for disaster protection activities.

Article 30.Powers of the head of the state administrative organization in charge of disaster protection

30.1.The head of the state administrative organization in charge of disaster protection shall exercise the following powers in addition to the powers specified in Article 8.3 of the Law on the Legal Status of Government Agencies:

/This paragraph was modified by the law as of May 14, 2020/

30.1.1.to define the role of the disaster protection service and provide professional management;

30.1.2.to mobilize, distribute and involve disaster protection forces;

/This sub-paragraph was modified by the law as of May 14, 2020/

30.1.3.to direct the training and preparation of the population for disaster protection activities;

30.1.4.to approve and enforce rules, regulations, instructions and standards to be followed by disaster protection activities and emergency organizations;

30.1.5.monitor the implementation of disaster readiness guidelines;

30.1.6.to promptly inform the member of the Government in charge of disaster protection about disasters and dangerous situations;

30.1.7.to approve disaster protection cooperation plans in partnership with relevant professional organizations;

30.1.8.to unitedly organize activities of the emergency organization at the national level and provide professional management;

30.1.9.to develop a policy on buildings, special purpose clothing, machinery, equipment, tools and supplies and present it to the member of the Government in charge of disaster protection;

30.1.10.to define human resource development policy and ensure its implementation;

30.1.11.to communicate with domestic and foreign organizations on behalf of the emergency organization;

30.1.12.to make a decision to transfer the emergency organization to a high level of disaster protection readiness and cancel it;

30.1.13.to protect the safety, rights and legitimate interests of emergency personnel and employees;

30.1.14.to determine the structural unit, affiliated branch, unit structure, staffing and salary fund of the state administrative organization in charge of disaster protection, to appoint and dismiss personnel and other employees;

/This sub-paragraph was modified by the law as of May 14, 2020/

30.1.15.to award, reduce, confiscate, reinstate, and impose disciplinary and ethical sanctions of military ranks in accordance with the grounds and procedures specified in the legislation;

30.1.16.to use budget and resources in accordance with legislation;

30.1.17.to directly present to the Commander-in-Chief of the Armed Forces a proposal to involve some units and branches of the state military organization in disaster protection activities, if necessary, in connection with the current situation;

30.1.18.to create, store, distribute, monitor and ensure the security of state resources and humanitarian assistance;

/This sub-paragraph was added by the law as of May 14, 2020/

30.1.19.to make decisions in accordance with this law and other legislation.

/This sub-paragraph was added by the law as of December 31, 2020/

30.2.The head of a local emergency organization shall exercise the powers specified in Article 30.1 of this Law within the scope of his / her authority.

30.3.The head of a local emergency organization shall issue an order in accordance with the law within the scope of his / her duties.

30.4.The right to represent the disaster management organization and to make decisions on disposing of the budget and resources may be transferred to the head of the financial unit or official specified in Article 42.6 of this Law, and such transfer shall not serve as a ground for releasing him / her from liability.

/This paragraph was amended by the law as of May 14, 2020/

Article 31.Powers of local self-governing bodies

31.1.Local self-governing bodies shall exercise the following powers:

31.1.1.to approve the funds required for the implementation of aimag, soum, capital city, and district disaster risk reduction programs and disaster protection plans and monitor their implementation;

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

31.1.2.to hear the information of the Governor on the implementation of the legislation on disaster protection, to discuss the report and to give directions;

31.1.3.to approve the budget for disaster risk reduction and mitigation measures in accordance with the law.

/This paragraph was modified by the law as of May 14, 2020/

Article 32.Powers of the governor

32.1.Governors of aimagaimag, soums, the capital city, and districts shall exercise the following powers in the field of disaster protection:

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

32.1.1.to plan, finance, manage and implement disaster protection measures at the territorial level;

32.1.2.to establish disaster protection departments, specialized units and volunteer units in accordance with the specifics of the territory, and to provide them with skills and abilities to perform their duties during disasters;

32.1.3.to create and spend the sources of funds, disaster protection and local resources required for disaster protection activities;

/This sub-paragraph was modified by the law as of May 14, 2020/

32.1.4.to inform higher level and emergency organizations about the disaster situation and measures taken, to receive professional advice, instructions and support;

32.1.5.to organize and report on the distribution of humanitarian aid throughout the territory in accordance with the legislation and decisions of higher-level organizations and officials;

32.1.6.to organize financial, material and psychological assistance and support to victims;

32.1.7.to ensure citizen participation in disaster risk reduction activities;

32.1.8.to ensure the implementation of disaster protection legislation and decisions of higher-level organizations;

32.1.9.to involve forces in the area in case of disasters and dangers;

32.1.10.to provide working conditions and opportunities and to provide support to local emergency organizations, disaster protection services and specialized units;

32.1.11.to ensure constant readiness of communication and warning systems;

32.1.12.to conduct disaster risk and disaster damage and needs assessment, and to plan and implement necessary measures;

32.1.13.The Governor of the respective level shall provide housing and support to senior officials of the emergency organization appointed at the central and local levels.

32.1.14.to assign an official at the Governor's office for disaster protection in soums and areas without emergency organization units or branches;

/This sub-paragraph was added by the law as of May 14, 2020/

32.2.Bag and khoroo governors shall exercise the powers specified in Article 32.1 of this Law within the scope of their authority.

Article 33.Functions of the disaster protection department

33.1.The State Disaster Protection department has the following functions:

33.1.1.to approve the budget required for planning and implementing disaster protection activities at the sector level and organize its implementation;

33.1.2.to incorporate and implement disaster risk reduction and mitigation measures in sector development policy and strategic planning;

33.1.3.to implement and report on legislation and decisions of higher-level organizations;

33.1.4.to determine the composition of the disaster protection service in accordance with the specifics of the sector, to establish professional units, to ensure their training, preparation and readiness;

33.1.5.to ensure the sustainable operation of the sector in case of disasters and emergencies;

33.1.6.to ensure constant readiness of the sector's warning system;

33.1.7.to create forces and disaster resources to be involved in disaster protection activities;

33.1.8.to provide professional management to local disaster protection services;

33.1.9.to promptly inform the state administrative organization in charge of disaster protection and cooperate in disasters;

33.1.10.to involve professional personnel working in the disaster zone with the necessary equipment and materials;

33.1.11.to spend the allocated funds in accordance with the purpose;

33.1.12.to conduct disaster damage and needs assessment and develop proposals for measures to be taken;

33.1.13.to issue information and reports on disaster risk reduction activities;

33.1.14.to develop and have approved relevant rules, regulations, guidelines, instructions and standards within the area of responsibility.

/This sub-paragraph was added by the law as of May 14, 2020/

33.2.The State Disaster Protection Unit shall have a full-time officer in charge of disaster protection.

33.3.The local disaster protection unit shall perform the functions specified in Article 33.1 of this Law within the scope of its authority.

CHAPTER SEVEN

RIGHTS AND DUTIES OF A LEGAL ENTITY AND CITIZEN

Article 34.Rights and duties of a legal entity

34.1.A legal entity, regardless of the type and form of ownership, shall have the following rights for disaster protection:

34.1.1.to receive accurate and objective information on disaster protection measures;

34.1.2.to implement disaster risk reduction activities, cooperate with professional organizations and receive advice.

34.2.A legal entity, regardless of the type and form of ownership, shall have the following duties for disaster protection:

34.2.1.to approve and implement disaster protection plans;

34.2.2.to implement disaster protection legislation, decisions made by authorized organizations and officials;

34.2.3.to establish a professional unit in accordance with the specifics of the operation, to provide the necessary equipment, materials and personal protective equipment, and to create conditions for the transmission of warning signals;

/This sub-paragraph was amended by the law as of May 14, 2020/

34.2.4.to train and prepare professional units and personnel for disaster protection activities;

34.2.5.to conduct disaster risk assessment, implement risk reduction measures at its own expense, and to be covered by relevant insurance;

34.2.6.to create local disaster protection resources and use them in accordance with their purpose;

34.2.7.to provide timely information on disaster protection activities, disasters and dangerous situations to higher level organizations and emergency organizations, and to provide necessary documents and factual information;

34.2.8.to equip buildings and shelters to be used for the needs of its organization in the event of a disaster, emergency situation or danger, and to have the population use it if necessary;

/This sub-paragraph was amended by the law as of May 14, 2020/

34.2.9.not to inflate the prices of goods and services and create artificial scarcity during disasters;

34.2.10.to be responsible for expenses incurred in violation of the decisions made by the authorized authorities and officials, and in repairing the damage caused by the failure to comply with the requirements of the state disaster protection and fire control inspector.

/This sub-paragraph was modified by the law as of May 14, 2020/

Article 35.Rights and duties of non-governmental organizations

35.1.Non-governmental organizations shall have the following rights and duties in disaster protection activities:

35.1.1.to provide civilian monitoring for compliance in disaster protections legislations;

35.1.2.to participate in the implementation of disaster risk reduction projects and programs, and in the development of legislation, recommendations, and methodologies;

35.1.3.to organize disaster protection research, training and advocacy in cooperation with relevant organizations;

35.1.4.to provide support and assistance to encourage the participation of citizens, volunteer groups, other groups and partnerships in disaster protection activities;

35.1.5.to cooperate with emergency organizations.

Article 36.Rights and duties of volunteer disaster protection groups

36.1.Volunteer disaster protection groups have the following rights and duties:

36.1.1.to participate in disaster protection training;

36.1.2.to be provided with tools, equipment and food required to participate in disaster activities;

36.1.3.to receive expenses and incentives for disaster protection activities in accordance with the procedures approved by the Government member in charge of disaster protection;

36.1.4.to comply with the decisions made by the authorized organization or official;

36.1.5.to provide accurate, objective and prompt information on disasters and dangerous situations to relevant organizations;

36.1.6.to participate in disaster protection activities while ensuring own safety.

36.2.If a volunteer lost his/her complete ability to work, or became disabled while participating in a disaster protection activity, he/she shall be entitled to a first level basic salary of a chief of emergency management organization for two years and in the case he/she lost his life during a disaster protection activity, his/her family is entitled to a one-time grant equaled to five years of salary.

36.3.The volunteer group will report to the local governor on its disaster protection activities.

36.4.The member of the Government in charge of disaster protection shall approve the rules of operation of the volunteer disaster protection group.

Article 37.Rights and duties of citizens

37.1.Citizens have the following rights for disaster protection:

37.1.1.to receive accurate information from relevant organizations and officials on measures necessary to ensure security and safety;

37.1.2.to establish a volunteer disaster protection group, to join as a member, and to establish a mutual disaster protection fund;

37.1.3.to receive necessary assistance and support if they fall victim in a disaster;

37.1.4.to receive assistance specified in Article 36.2 of this Law in case of complete loss of ability to work, gained disability or died during participation in disaster protection activities;

37.1.5.if he/she is mobilized and released from his/her main job in the outbreak area, he/she will receive his/her salary from the employer, and an unemployed citizen will receive the expenses of the assignment in the same way as an employee of an emergency organization, according to the decision of the Governor of that level.

37.2.Citizens have the following duties for disaster protection:

37.2.1.to comply with disaster protection legislation, decisions made by authorized organizations and officials;

37.2.2.to participate in disaster protection training;

37.2.3.to ensure safety in daily activities;

37.2.4.to possess disaster prevention and rescue methods, techniques and tools, and to follow the procedures for working with warning signals;

37.2.5.to participate in disaster protection activities;

37.2.6.promptly and accurately deliver disaster and danger information to relevant organizations;

37.2.7.to reimburse expenses incurred for damage caused by violation of decisions made by the competent authority or official, failure to comply with the requirements set by the state disaster protection and fire unit, and also making false calls;

/This sub-paragraph was modified by the law as of May 14, 2020/

37.2.8.to travel with a license, ID card or similar document issued by the authorized authority during the quarantine and restriction regime.

/This sub-paragraph was added by the law as of May 14, 2020/

CHAPTER EIGHT

HUMANITARIAN ASSISTANCE FOR DISASTER PROTECTION

Article 38.Domestic humanitarian assistance

38.1.Domestic humanitarian assistance shall be regulated in accordance with procedures approved by the Government.

Article 39.International humanitarian assistance

39.1Based on the disaster damage and needs assessment, the State Emergency Commission shall present to the Government a proposal for international humanitarian assistance and have it resolved.

39.2.If a party providing international humanitarian assistance (hereinafter referred to as "the donor party") requests the provision of humanitarian assistance to the state central administrative body in charge of foreign affairs through its diplomatic ambassador organization, the Government shall decide whether to receive such assistance.

39.3.The donor must be registered to a national or international organization.

39.4.The Mongolian Red Cross Society shall request, receive, register, place, store, transport and distribute humanitarian aid from the International Committee of the Red Cross and Red Crescent in accordance with the law.

Article 40.Coordination of international humanitarian assistance

40.1.The State Emergency Commission shall regulate and monitor the registration, placement, storage, transportation and distribution of international humanitarian aid in accordance with legislation, instructions and guidelines.

40.2.The entering of international humanitarian aid across the border of Mongolia shall be regulated in accordance with relevant legislation.

40.3.The member of the Government in charge of disaster protection shall approve the composition of the humanitarian team consisting of representatives of state and local administrative organizations and international organizations in order to coordinate the activities of the donor party.

40.4.Donors are prohibited from:

40.4.1.to discriminate against citizens on the basis of their ethnicity, age, sex, origin, social status, religion and opinions;

40.4.2.to disclose personal information;

/This sub-paragraph was amended by the law as of December 17, 2021/

40.4.3.to participate in matters not related to disaster protection activities and to express political and religious views;

40.4.4.to seek financial gain;

40.4.5.to collect information on issues not related to humanitarian assistance;

40.4.6.to push policies of international organizations and foreign governments.

40.5.The goods and services provided by the donor shall be in accordance with the legislations of Mongolia and the needs and requirements of the victims.

40.6.If donors shall not use goods, services or equipment for disaster protection activities, or recycle or reuse again, or dispose of hazardous waste, they should in an environmentally friendly manner at their own expense under the supervision of the relevant authority.

40.7.The Government shall decide whether to accept financial assistance from the donor.

40.8.The State Emergency Commission shall report to the Government on the results of activities carried out within the framework of international humanitarian assistance.

Article 41.Termination of international humanitarian assistance

41.1.Based on the proposal of the State Emergency Commission, the Government shall make a decision to suspend the activities of the donor.

41.2.If the government suspends an international humanitarian operation, it shall notify the donor through diplomatic channels 30 days in advance.

41.3.If it is determined that the donor has carried out the activities specified in Article 40.4 of this Law, the assistance shall be terminated immediately by a decision of the Government.

CHAPTER NINE

LEGAL STATUS OF THE EMERGENCY ORGANIZATION AND ITS PERSONNEL

Article 42.Emergency organization and its structure

42.1.The Emergency Management Agency is a state military organization with a special function to implement disaster protection legislation and state policies, organize disaster protection activities at the national and local levels, and provide professional management.

42.2.Emergency management organizations shall have professional, integrated and centralized management.

42.3.The Emergency Management organization shall have administrative unit for emergency situations, headquarters, regional centers, aimag, capital city, and local emergency management agencies, divisions, units, branches, groups, international and air search teams, rescue teams, search dog unit, emergency management-announcement information center, transport-logistics, construction-structures, maintenance, service, uniform, special equipment factory, hospital-resort, research, training, experimental production, archive, sports, culture, art and other units.

/This paragraph was modified by the law as of May 14, 2020/

42.4.The unit of the state administrative organization in charge of disaster protection shall be divided into administrative and territorial units, taking into account the geographical features, population density, disasters, frequency and scope of accidents, and the state-owned enterprises and service organizations of strategic importance and service in accordance with the characteristics of their operations and shall be established by the decision of the Government.

/This paragraph was modified by the law as of May 14, 2020/

42.4.1.the organization shall be fully responsible for all operational expenses of the unit of the emergency organization established under the state-owned critical and strategic purpose industrial and service organization specified in Article 42.4 of this Law.

/This sub-paragraph was added by the law as of May 14, 2020/

42.5.The budget of the emergency organization shall be reflected in the state budget.

42.6.The Emergency Management Agency shall have a First Deputy Chief and a Chief of Staff and two Deputy Chiefs of Staff.

/This paragraph was added by the law as of May 14, 2020/

42.7.Disaster management and organization of the Emergency Management Agency shall be organized in a regional manner, taking into account the social, economic, environmental, geographical and climatic features of the territory.

/This paragraph was added by the law as of May 14, 2020/

42.8.The member of the Government in charge of disaster protection shall approve the rules of operation of the disaster management organization's territory.

 /This paragraph was added by the law as of May 14, 2020/

42.9.The number of personnel, types and equipment of branches and units responsible for disaster management and disaster mitigation shall be determined by standards.

/This paragraph was added by the law as of May 14, 2020/

Article 43.Flag and emblem of the emergency organization

43.1.The emergency organization shall have a flag and emblem.

43.2.The design of the flag and emblem of the emergency organization shall be approved by the member of the Government in charge of disaster protection.

43.3.It shall be prohibited to use the flag and emblem of the emergency organization by state and local administrative organizations, legal entities and citizens other than the organization.

Article 44.Main functions of the emergency organization

44.1.The Emergency service organization has the following main functions:

44.1.1.disaster prevention;

44.1.2.fighting disaster search, and rescue;

44.1.3.disaster mitigation;

44.1.4.immediate reconstruction;

44.1.5.to organize state resources and humanitarian assistance.

/This sub-paragraph was added by the law as of May 14, 2020/

Article 45.Personnel of the emergency organization

45.1.A citizen who meets the requirements set forth in the Law on Civil Service and the Law on Military Service, the procedures set by the state administrative organization and meets health, physical, professional, educational and ethical requirements and criteria shall be employed as an employee of the emergency organization.

45.2.The legal status of an emergency organization employee in other situations not mentioned in this Law, then they shall be regulated by the Law on military service, the Law on the Legal Status of Military Servicemen, and general military rules.

45.3.The restrictions set forth in Article 8 of the Law on the Legal Status of Military Servicemen shall also apply to emergency service personnel.

45.4.An employee who has worked in the emergency service for at least 15 years and in a managerial position for at least 10 years shall be appointed to the position of the head of the state administrative organization in charge of disaster protection.

/This paragraph was amended by the law as of May 14, 2020/

45.5.An employee in charge of registration, storage and protection of goods and materials related to state and official secrets shall have the same rights and obligations as employees specified in this law and shall be provided with legal guarantees.

 /This paragraph was added by the law as of May 14, 2020/

Article 46.Uniforms, ranks and insignia of emergency organization personnel

46.1.An emergency service officer shall wear a uniform and a military rank approved by a decree of the President of Mongolia.

46.2.The highest military rank may be awarded to the head, first deputy head and deputy head of the state administrative body in charge of disaster protection.

/This paragraph was amended by the law as of May 14, 2020/

46.3.The President of Mongolia shall approve the procedure for awarding military ranks and uniform designs to the employees of the Emergency Management Agency, the Government shall approve the service life of the uniforms, and the head of the state administrative organization in charge of Disaster Management shall approve the supply instructions.

/This paragraph was modified by the law as of May 14, 2020/

46.4.The member of the Government in charge of disaster protection shall approve the procedure for service in the emergency organization, the design of the badge of the personalized numbered officer and captain, and the procedure for its use.

46.5.The use, issuance, reduction, confiscation and reinstatement of military ranks in the emergency organization shall be regulated in accordance with the procedures set forth in Chapter 6 of the Law on Military Service.

46.6.It is prohibited for citizens, legal entities and organizations to use the uniform of the emergency organization.

/This paragraph was added by the law as of May 14, 2020/

Article 47.Rights of emergency organization personnel

47.1.In addition to the general rights set forth in Article 5 of the Law on the Legal Status of Military Servicemen, a serviceman of an emergency organization shall have the following rights in the performance of his / her duties under this law:

47.1.1.to be provided with food, special purpose clothing, machinery, equipment and tools while performing duties and participating in trainings and exercises and disasters;

47.1.2.to be provided with unimpeded access to necessary facilities for the purpose of prevention of disasters, catastrophes, accidents, search, rescue and disaster mitigation.

Article 48.Duties of emergency organization personnel

48.1.In addition to the general duties set forth in Article 6 of the Law on the Legal Status of Military Servicemen, an employee of an emergency organization shall have the following duties:

48.1.1.to carry out disaster prevention, search and rescue, emergency mitigation, to implement immediate reconstruction and ensure readiness;

48.1.2.to strictly follow safety rules and regulations, to provide professional instructions and assistance to organizations, officials and citizens;

48.1.3.to ensure and prepare the machinery, equipment, special purpose clothing and tools;

48.2.It shall be prohibited for an employee to perform duties not related to the functions specified in Article 44.1 of this Law without the decision of the senior official of the emergency service organization.

/This paragraph was added by the law as of May 14, 2020/

48.3.Officials specified in Article 48.2 of this Law shall be liable for his / her decision.

/This paragraph was added by the law as of May 14, 2020/

Article 49.Pensions and benefits for emergency organization personnel

49.1.Emergency service personnel shall receive pensions and benefits in accordance with the Law on Pensions and Benefits for Military Servicemen.

49.2.When on official duty, a state disaster protection inspector shall travel free of charge by public transport within cities and towns.

49.3.In the event of the death of an emergency worker in the line of duty, an allowance equal to 10 years' basic salary shall be calculated on the basis of the average monthly basic salary of the employee and paid to his / her family in a lump sum.

Article 50.Guarantee of Emergency service personnel to perform his duties

50.1.When calculating the length of service of an emergency organization employee, every six months of service shall be reimbursed as eight months (the reimbursement period shall be calculated from July 1, 1999).

/This paragraph was amended by the law as of May 14, 2020/

50.2.Per diem for emergency service personnel and other government military personnel working in the outbreak zone will be three times more than normal period.

50.3.The state shall be liable for damages caused to personnel and property of others during their official duties within proper regulations.

50.4.Emergency workers shall be provided with detoxification, psychological and physical rehabilitation and nursing services in case of working with radioactive, toxic and hazardous substances, underground mines, forest and steppe fires, infectious diseases, epidemics and water accidents.

/This paragraph was amended by the law as of May 14, 2020/

50.5.Emergency workers may be paid a cash bonus equal to 100 times the minimum wage in the event of special merit.

50.6.A member of the Government in charge of finance, budget and Member of the Government in charge of emergency shall work together to approve the procedure for awarding cash bonuses to emergency service personnel who perform their duties in high-risk situations.

50.7.Emergency workers must be insured against accidents and occupational diseases, and the state will cover the costs.

50.8.Disaster management personnel shall have a qualification degree, and the procedure for awarding qualification degrees and degree increments hall be approved by the Government.

50.9.The amount of the additional conditional bonus for an emergency organization employee shall not be less than 30 percent of the basic salary of the position.

/This paragraph was amended by the law as of May 14, 2020/

50.10.If an officer not from that aimag is assigned to a unit of the emergency organization located in a remote aimag or soum, he/she shall be paid a quarterly bonus equal to 50 percent of the basic salary of the position.

50.11.Employees of emergency organizations who have worked continuously in aimags outside than the provincial capital for five years or more will get a cash bonus equal to 30 months of basic salary every five years.

/This paragraph was added to the law as of October 22, 2021, and it will go into effect on January 1, 2023/

/This paragraph was added by the law as of May 14, 2020/

50.12.If an employee loses his/her ability to work while performing his/her official duties, he/she shall be paid a lump sum compensation equal to 30, 60, 90 times the minimum wage, depending on the rate of disability.

/The word "50.11" in this section was changed to "50.12" by law as of October 22, 2021, and it will go into effect on January 1, 2023/

/This paragraph was added by the law as of May 14, 2020/

50.13.The Government shall approve the procedure for granting the increment and compensation specified in Articles 50.10 and 50.11, 50.12 of this Law.

/In this section, the words "increment," "money bonus," and "50.11" were changed to "50.11, 50.12" by the law as of October 22, 2021, and it will go into effect on January 1, 2023/

/The word "50.12" in this section was changed to "50.13" by law dated October 22, 2021, and it will go into effect on January 1, 2023/

50.14.It will be counted in the total period of service in an emergency organization if the employee studied with the order from the emergency management organization, if they worked with a military rank in a higher educational institution to prepare emergency personnel, enrolled in military service, studies as a cadet in an emergency management organization school and worked in a mine rescue unit.

/This paragraph was amended by the law as of December 31, 2020/

/The word "50.13" in this section was changed to "50.14" by law dated October 22, 2021, and it will go into effect on January 1, 2023/

/This paragraph was added by the law as of May 14, 2020/

CHAPTER TEN

FINANCING OF DISASTER PROTECTION ACTIVITIES

Article 51.Financing of disaster protection activities

51.1.The Main Budget Executive shall plan disaster risk reduction measures and include them in the annual budget package.

51.2.Aimags, soums, capital citiy, districts and government organizations shall include in the budget at least 1.0 percent of the annual budget for disaster protection and risk reduction measures, and legal entities shall plan and spend at least 1.5 percent of the annual production and service costs.

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

/This paragraph was modified by the law as of May 14, 2020/

51.3.Aimags, the capital city, soums and districts shall allocate 1.0 percent of the annual budget to the local disaster risk reduction fund and spend it on disaster protection measures.

/This paragraph was invalidated by the law as of May 14, 2020/

51.4.Expenditures of centralized disaster protection measures at the national level shall be financed from the state budget, expenditures of disaster protection measures of aimags, soums, the capital city, and districts shall be financed from local budgets, and state and local administrative organizations and legal entities shall bear their own expenses.

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

CHAPTER ELEVEN

MISCELLANEOUS

Article 52.Liability for violators of the law

52.1.A person or a legal entity who has breached this Law is not subject to the liability in accordance with Criminal Code, he/she shall be subject to liability specified in the Civil Service Law and the Law on Violations.

/This paragraph was amended by the law as of May 14, 2020/

CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA M.ENKHBOLD