(2023.08.28-ны өдрийн орчуулга)                                                  Unofficial translation

LAW OF MONGOLIA

June 06, 2017                                                                                       Ulaanbaatar city

on physical culture and sports

/Revised edition/

chapter one

GENERAL PROVISIONS

Article 1.Purpose of the Law

1.1.The purpose of this Law is to determine the management, organization, operation, and legal framework of the field of physical culture and sports, and to regulate relations in connection with the development of physical culture and sports.

Article 2.Legislation on Physical culture and Sports

2.1.The legislation on physical culture and sports shall be comprised of the Constitution of Mongolia, this Law, and other legislative acts enacted in compliance with these laws.

2.2.In case that any international treaty, to which Mongolia is a party, provides otherwise than this Law, the provisions of international treaty shall prevail.

Article 3.Scope of the application of this Law

3.1.Other relations in connection with the national sports, which are not regulated by the Law on National Festival Naadam, shall be regulated by this Law.

3.2.Other relations in connection with the sports activities of sports associations, which are not regulated by the Law on Non-Governmental Organizations, shall be regulated by this Law.

Article 4.Definitions of terms of the Law

4.1.The following terms used in this Law shall have the following meanings:

4.1.1."active movement" shall mean a movement performed regularly with constant force for 10 minutes or more with the help of human muscle activity;

4.1.2."physical culture" shall mean activities aimed at promoting the active movement of the population and supporting the health;

4.1.3."sport" shall mean active actions that contribute to the intellectual and physical development of a person;

4.1.4."physical education" shall mean activities to acquire knowledge and skills of active movement and sports in formal and non-formal forms of education;

4.1.5."national sport" shall mean national traditional sports such as national wrestling, archery, knucklebone shooting, and horse racing, having national characteristics, developed on the basis of the traditions and customs of the people;

/This sub-paragraph was amended by the law as of June 28, 2022/

4.1.6."sports competition" shall mean a competitive process according to established rules;

4.1.7."sports festival" shall mean a combination of sports competitions and cultural events organized in a unified manner;

4.1.8."athlete" shall mean a person who has undergone sports training and participates in sports competitions;

4.1.9."coach" shall mean a person who is in charge of participation in training and sports competitions;

4.1.10."sport methodologist" shall mean a person who provides methodological assistance in organizing physical and sports events for the general public and to citizens in engaging in active movement and sports;

4.1.11."sport association" shall mean non-governmental organization acting for the purpose of developing one or more sports;

4.1.12."sport club" shall mean a legal entity with the function of providing services in the field of active movement, sports and training;

4.1.13."sport building and facility" shall mean facilities with purpose of doing sports and organizing sports competitions, and their infrastructure;

4.1.14."doping" shall mean prohibited substances and prohibited methods for use in sports activities;

4.1.15."World Anti-Doping Agency" shall mean an international organization with functions to manage and control anti-doping activities.

Article 5.Basic principles of physical culture and sports

5.1.The following basic principles shall be adhered to in physical culture and sports:

5.1.1.active movement and sports should be accessible and sustainable for all public;

5.1.2.to be able to make a choice with many options that are suitable for individual's characteristics and physical development;

5.1.3.to ensure the status based on multiple forms of ownership and to be implemented by joint activities of the state, legal entities, and citizens;

5.1.4.to keep sports free from discrimination and unfair competition.

CHAPTER TWO

POWERS OF STATE BODIES IN REGARDS WITH PHYSICAL CULTURE AND SPORTS

Article 6.Powers of the Government

6.1.The Government shall exercise the following powers in regards with the development of physical culture and sports:

6.1.1.to ensure the implementation of legislation on physical culture and sports;

6.1.2.to develop and implement the policies to be followed by the State in regards with the development of physical culture and sports;

/This sub-paragraph was amended by the law as of December 16, 2021/

6.1.3.to adopt a target program aimed at developing physical culture and sports types that meet the age, gender, and needs of citizens;

6.1.4.to approve a program for the development of national sports and team sports;

/This sub-paragraph was invalidated by the law as of December 16, 2021/

6.1.5.to decide on the organization of a national sports festival and to approve organizational procedures;

6.1.6. to approve the list of international, continental and world championships to be organized in Mongolia in the given year;

/This sub-paragraph was added by the law as of July 7, 2020/

6.1.7.to approve procedures on providing financial support in order to organize competitions and festivals specified in sub-paragraphs 6.1.4, 6.1.5, and 10.1.4 of this Law;

/This sub-paragraph was added by the law as of July 7, 2020/

6.1.8.to approve procedures for awarding medals to athletes and their coaches who successfully participated in continental, world festivals and world championships, national level competitions and festivals being organized under the auspices of the International Olympic Committee, and awarding cash prizes.

/The numbering of this sub-paragraph was amended by the law as of July 7, 2020/

Article 7.Powers of the Citizens' Representatives Khurals of All Levels

7.1.The Citizens' Representatives Khurals shall exercise the following powers in the development of physical culture and sports:

7.1.1.to ensure the implementation of legislation on physical culture and sports, to approve plans for the development of physical culture and sports, to approve the necessary budget funds, and supervise them;

/This sub-paragraph was amended by the law as of December 16, 2021/

7.1.2.based on economic calculations, material base, and human resources research, to discuss and decide whether to get the right to be a candidate for organizing a state-level sports festival in their respective territory;

7.1.3.to support the participation of business entities, organizations and citizens in the development of physical culture and sports.

Article 8.Powers of Governors of aimags and the Capital city

8.1.Governors of aimags and the Capital city shall exercise the following powers in regards with the development of physical culture and sports:

8.1.1.to implement legislation on physical culture and sports in their respective territories;

8.1.2.to create conditions for citizens to engage in active movement and do sports in their respective territories;

8.1.3.to provide incentives and support to citizens, business entities, and organizations being worked actively and initiatively in the development and support of physical culture and sports;

8.1.4.to employ a full-time physical culture methodologist in soum;

8.1.5.to approve plans for the development of physical culture and sports programs and ensure their implementation;

8.1.6.to create opportunities for active movement and sports to the citizens in accordance with population density and needs, to increase and strengthen the availability and supply of sports buildings and facilities, halls, and fields;

8.1.7.to cooperate with sports associations and other organizations in the field of physical culture and sports development;

8.1.8.to appoint and release the head of the department of physical culture and sports of the aimag and the Capital city in consultation with the state administrative body in charge of physical culture and sports matters.

Article 9.Powers of the State Central Administrative Body

9.1.The state central administrative body in charge of physical culture and sports matters shall exercise the following powers:

9.1.1.to organize the tasks on implementing the physical culture and sports legislation, and ensure their implementation;

9.1.2.to provide professional and methodical management to state bodies operating in the field of physical culture and sports and other related organizations and coordinate their cooperation;

9.1.3.to cooperate with citizens, business entities and organizations in the field of physical culture and sports development;

9.1.4.to be performed some of the functions related to its powers stipulated in this Law by non-governmental organizations based on the contract, and finance related expenses;

9.1.5.to approve the list of international, continental and world championships to be organized in Mongolia in that year;

9.1.6.to approve the procedure on providing financial support for organizing the competitions and festivals specified in sub-paragraphs 6.1.4, 6.1.5, and 10.1.3 of this Law jointly with the Cabinet member in charge of financial and budget matters;

9.1.7.to approve procedures for granting professional degrees to physical culture methodologists;

9.1.8.to approve the procedures for the formation of the national team, the selection of sports, and the financing to be supported by the state budget.

/This paragraph was invalidated by the law as of July 7, 2020/

9.2.The state central administrative body in charge of education matters shall exercise the following powers:

9.2.1.to support physical education, to reflect the suggestions of the state administrative organization in charge of physical culture and sports when establishing the content and standards of physical education courses at all levels of educational institutions, as well as the exemplary program of extracurricular activities;

/This sub-paragraph was amended by the law as of July 7, 2020/

9.2.2.to prohibit for the educational institutions of all levels to be used the physical culture and sports halls, fields, materials, and equipment by students by charging the fees upon violating the curriculum, standards, and extracurricular work programs;

9.2.3.to provide support in solving the problem to have the physical culture, sports halls, fields, tools and equipment that meet the national standards for active movement and doing sports in the school environment of educational institutions and students.

9.3.The state central administrative body in charge of health matters shall exercise the following powers:

9.3.1.to organize rehabilitation care and service, and health promotion measures aimed at eliminating the consequences caused by the loss of human body structure and function through active movement and sports;

9.4.The state central administrative body in charge of health insurance matters shall exercise the following powers:

9.4.1.to submit the names of accredited sports clubs to be included in the list of care and services included in the package of health care and services in accordance with Article 9 of the Law on Health Insurance.

Article 10.Powers of the state administrative body in charge of physical culture and sports matters

/This article was modified by the law as of July 7, 2020/

10.1.The state administrative body in charge of physical culture and sports shall exercise the following powers:

10.1.1.to organize the tasks on implementing the physical culture and sports legislation, and ensure their enforcement;

10.1.2. to provide professional and methodological management to state bodies and other relevant organizations operating in the field of physical culture and sports, to cooperate with citizens, business entities, and organizations;

10.1.3.to develop standards for determining physical fitness levels, to be approved them in accordance with paragraph 9.1 of the Law on Standardization, Technical Regulation, and Conformity Assessment Credentials, and to be registered them in the state register;

10.1.4.to select sports associations to organize the national championships to be financed from the state budget;

10.1.5.to determine the types of sports to be included in the program of the national sports festival, to provide methodical management and supervision of the organization of the competition;

10.1.6.to ensure the implementation of the procedure for granting professional degrees to physical culture methodologists which was approved by the minister in charge of;

10.1.7.to ensure the implementation of the procedure on creating the national best team, selecting the types of the sports, and financing to be provided support from the state budget which was approved by the minister in charge of;

10.1.8.to create an integrated electronic database of physical culture and sports;

10.1.9.to organize the tasks on exercising active movements and sports in order to accustom the population to healthy living habits and to prevent diseases;

10.1.10.to provide professional and methodical management on the organizing physical fitness tests in state-level;

10.1.11.to support anti-doping activities;

10.1.12.to be performed some of the functions related to its powers stipulated in this Law by non-governmental organizations under the contract, and finance related expenses;

10.1.13.other powers stipulated by legislation.

CHAPTER THREE

PHYSICAL CULTURE AND SPORTS ACTIVITIES IN ORGANIZATIONS AND BUSINESS ENTITIES

Article 11.Functions of sports association

11.1.The sports association shall carry out activities aimed at spreading the respective type of sport, and create conditions for practicing active movement and sports for citizens through representative offices, branches, and sports clubs.

11.2.The sports association shall operate in accordance with the legislation of Mongolia in compliance with the rules of the international association of the respective type of sport.

11.3.The sports association shall have the following rights and obligations:

11.3.1.to approve the rules and instructions of sports competitions and the schedule of sports competitions for the given year;

11.3.2.to submit proposals for competitions to be included in the integrated schedule of national sports competitions;

11.3.3.to organize international, national and regional competitions in the respective type of sports;

11.3.4.to monitor the activities of coaches and sports referees, to restrict or exclude the right to work as coaches and sports referees in the respective type of sports in accordance with international rules;

11.3.5.to restrict or exclude the right of an athlete, coach, or sports referee to participate in the activities of that type of sports competition or festival who commits actions or in actions that affect the outcome of a game during the sports competition or festival in accordance with international rules.

11.3.6.to enforce the competition and judging rules issued by the international federation, to approve and enforce the athlete's code of conduct in accordance with the international rules;

11.3.7.to scientifically organize the training and coaching of athletes, form a national team and participate in sports competitions and festivals;

11.3.8.to have an electronic database on the structure and activities of the association, organized sports competitions, festivals, sports achievements, sports titles, and degrees of the athletes, and membership;

11.3.9.to solve the social problems of athletes, coaches and sports referees.

Article 12.Activities of sports clubs

12.1.The sports club can operate in one or several types of sports.

12.2.The sports club shall follow the national standards of the sports type in the training and coaching activities of that specialized type of sports, and in the absence of national standards, the training and coaching programs issued by the international sports federations.

12.3.In order to manage and control training and coaching activities, coaches and physical culture methodologists shall be employed, and the activities to monitor the health status of trainees shall be organized.

Article 13.Physical culture and sports activities in business entities and organizations

13.1.Business entities and organizations of all forms of ownership shall implement the following measures in the field of physical culture and sports:

13.1.1.to create an environment for practicing active movement and sports for employees in accordance with the specific conditions of the workplace;

13.1.2.to work out by developing a plan for active movement and sports activities of employees, and organize sports competitions;

13.1.3.to spend from the total budget of the organization for the active movement and sports of the employees;

13.1.4.to regularly implement measures to establish the physical level of employees, not reduce it from the existing level, and improve it;

13.1.5.to employ a physical culture methodologist on a voluntary basis.

13.2.Resorts and children's camps shall create an environment to practice the active movement and physical culture and sports activities by the vacationers.

Article 14.Physical culture and sports activities in the armed forces, emergency and law enforcement agencies

14.1.The armed forces, emergency and law enforcement agencies shall implement the following measures in addition to the provisions specified in paragraph 13.1 of this Law:

14.1.1.sports should be an integral part of the activity of providing special professional training, to create the conditions for practicing sports related to the professional activities of personnel;

14.1.2.to organize sports competitions and festivals in the field of their activities, and provide professional and methodological management;

14.1.3.to establish special norms and standards for the physical development of the personnel, and approve and enforce special training programs;

14.1.4.to operate a specialized sports unit in the field of ensuring the physical development of personnel, practicing sports, and providing special professional training.

Article 15.Accreditation activities

15.1.Accreditation shall be an independent assessment of the activity of a sports club and the quality of training and coaching and giving a professional opinion.

15.2.The sports club shall be accredited on a voluntary basis.

15.3.Sports club accreditation procedures, criteria, and service fees shall be jointly approved by the state administrative body in charge of physical culture and sports matters and the state central administrative body in charge of health matters.

/This paragraph was amended by the law as of July 7, 2020/

CHAPTER FOUR

SPORTS ACTIVITIES

Article 16.Management and organization of training and coaching

/This article was modified by the law as of January 6, 2023/

16.1.The procedure for awarding professional degrees to sports coaches shall be approved by the Cabinet member in charge of physical culture and sports matters.

16.2.The coach in charge of training and coaching of the teenagers, youth, and adult national teams shall have received a professional degree in accordance with the procedure specified in paragraph 16.1 of this Law.

16.3.A citizen who has not graduated from a university of physical culture and sports education with the profession of a coach may engage in sports training and coaching on the basis of obtaining a professional degree in accordance with the procedure specified in paragraph 16.1 of this Law.

Article 17.Organization of sports competitions and festivals

17.1.Depending on the type of sport, national level sports competitions and festivals can be organized in the following stages: soum, district, aimag, the Capital city, region, and state.

17.2.The national sports festivals shall be organized in accordance with the cycle of continental and world festivals being organized under the auspices of the International Olympic Committee.

17.3.The state administrative body in charge of physical culture and sports matters shall officially announce the integrated schedule of the state-level sports competition to be held next year before September 30, and when approving the integrated schedule of the state level sports competition, the proposal of the sport association shall be obtained.

17.4.In case of organizing a local sports competition, the organizer shall notify the physical culture methodologist and the district physical culture and sports department 10 working days in advance, and the physical culture methodologist and district physical culture and sports department shall notify it to the physical culture and sport department of the Aimag and the Capital city, and the association of the respective sport type.

17.5.In accordance with paragraph 17.4 of this Law, the respective sports association shall be acquainted with the rules and standards of organizing sports competitions through the local branch or physical culture methodologist, and impose control on them.

17.6.It shall be prohibited to organize national sports competitions that are not included in the schedule specified in paragraph 17.3 of this Law, and local sports competitions that are not announced in advance according to paragraph 17.4 of this Law.

Article 18.National team

18.1.The national team shall have categories including teenagers, youth and adults.

18.2.The National Committee to organize the preparations of the national team to represent Mongolia at the Olympic and Paralympic Games shall be established and operated under the Prime Minister.

18.3.The national team that will participate in international, continental and world sports competitions and festivals on behalf of Mongolia, shall be formed by the sports association and the activities shall be organized by it.

18.4.Financial support from the state budget shall be provided to sports associations of the types of sports chosen in accordance with the procedure specified in sub-paragraph 9.1.8 of this Law, and the state administrative body in charge of physical culture and sports shall conclude the contract with the sports association in accordance with the General administrative law and relevant procedures, and finance according to the contract.

18.5.Governors of aimags and districts shall provide financial support to the national teenagers' teams of aimags and districts from the local budget, and the Department of Physical culture and sports of aimags and districts shall select them in cooperation with the local branch of sports associations in at least 8 types of sports, and organize their activities.

18.6.The national team representing Mongolia at the Student World Championship and the Universiade shall be made up of the youth national team.

Article 19.Physical culture and sports activities of persons with disabilities

19.1.State bodies and sports associations shall work to support the persons with disabilities in exercising the active movement and sports, and participating in sports competitions and festivals.

19.2.Sports competitions and festivals shall adhere to the principle of allowing disabled athletes to compete at the same level as their physical and developmental characteristics.

19.3.In order to meet the principles stipulated in paragraph 19.2 of this Law, the Cabinet members in charge of physical culture, sports, health, and social protection matters shall jointly approve the composition and working procedures of the commission to determine the classification of disabled athletes participating in national sports competitions in accordance with international rules.

Article 20.Rights and obligations of athletes

20.1.The athlete shall have the following rights:

20.1.1.to choose the type of the sports and practicing sports;

20.1.2.to participate in competitions and festivals;

20.1.3.to get sports titles and degrees;

20.1.4.to transfer from a sports club to another sports club according to the contract;

20.1.5.to exempted from main work and school during the period of preparation and participation in sports competitions;

20.1.6.other rights stipulated by legislation.

20.2.The athlete shall undertake the following obligations:

20.2.1.to fulfill the athlete's code of conduct, the rules of the participating competition and contractual obligations;

20.2.2.to value fair competition and not to use doping;

20.2.3.other obligations stipulated by legislation.

20.3.The athlete shall be provided with the following social guarantees:

20.3.1.if an athlete successfully participates in continental festivals, world championships being organized under the auspices of the International Olympic Committee, and in national-level competitions and festivals, and wins a medal, he/she shall receive the monetary prize specified in sub-paragraph 6.1.6 of this Law;

20.3.2.to receive wages and bonuses from the relevant organization.

Article 21.Anti-doping activities

21.1.It shall be prohibited to the athlete from using substances and methods included in the prohibited list of doping approved by the International Anti-Doping Agency.

21.2.It shall be prohibited to the coaches and team doctors from doping athletes.

21.3.The Government shall approve and enforce the national anti-doping rules.

21.4.Unless otherwise provided by law, the implementation of the national anti-doping rules shall be organized by the state administrative body in charge of physical culture and sports matters.

/This paragraph was amended by the law as of July 7, 2020/

/This paragraph was amended by the law as of June 28, 2022/

21.5.State organizations in charge of physical culture and sports matters, sports associations and other governmental and non-governmental organizations shall regularly organize advertising on the dangers of substances, methods and doping included in the prohibited list.

Article 22.Sports titles and degrees

22.1.The state administrative body in charge of sports matters shall establish the criteria for the title of international master, master of sports, vice master, and the title of state judge for sports referees, and grant them.

22.2.Athletes and sports referees who have received a sports title may be granted monetary incentives and title increments.

22.3.Sports titles shall be awarded to athletes and judges registered in the integrated database.

22.4.Sports degrees to be awarded to athletes and sports referees shall be determined and awarded by the respective sports association.

/This paragraph was modified by the law as of January 6, 2023/

Article 23.Professional sports

23.1.Professional sports competitions with the participation of professionally trained athletes may be organized to earn the profit.

CHAPTER FIVE

FINANCING OF PHYSICAL CULTURE AND SPORTS

Article 24.Financing of physical culture and sports

24.1.Activities specified in sub-paragraphs 6.1.4, 6.1.6, paragraphs 17.2, 18.4, 22.1, and 26.2 of this Law shall be financed from the state budget.

24.2.Activities specified in sub-paragraphs 7.1.1, 8.1.3, 8.1.4, and paragraphs 18.5 and 26.6 of this Law shall be financed from the local budget.

Article 25.Support for physical culture and sports activities

25.1.Business entities, organizations, and citizens may sponsor sports associations, sports clubs, sports events, sports competitions, and festivals.

25.2.The State shall provide tax support for the construction of sports halls and fields of business entities and organizations and for the entering of sports tools and equipment across the state border.

25.3.The issue of tax support specified in paragraph 25.2 of this Law shall be regulated in accordance with relevant tax legislation.

Article 26.Physical culture and sports buildings and facilities

26.1.Sports buildings, facilities, halls, and fields shall meet standards and hygiene requirements.

26.2.The tasks on development of standards for sports buildings, facilities, halls, and fields, approval in accordance with paragraph 6.5 of the Law on Standardization and Conformity Assessment, and registration in the state registry shall be organized by the state administrative body in charge of physical culture and sports matters.

/This paragraph was amended by the law as of July 7, 2020/

26.3.Physical culture and sports buildings, facilities, halls and fields shall meet the needs and technical requirements of citizens with disabilities.

26.4.It shall be prohibited to change the purpose of state or locally owned sports buildings, facilities, halls and fields. In the case of privatization or demolition of the respective buildings, facilities, halls, and fields and the construction of new ones, the purpose of physical culture and sports shall be preserved.

26.5.Pre-school, secondary, higher, and professional education institutions shall create conditions for having buildings, facilities, halls, and fields that meet the standards for active movement and doing sports by the students.

26.6.The Governor of the relevant level may provide support to sports buildings, facilities, and sports halls those built with private property investment and meeting standard requirements with the purpose of doing active movement and sports by the citizens.

Article 27.Monitoring the implementation of legislation on physical culture and sports

27.1.Governors at all levels shall supervise the implementation of legislation on physical culture and sports.

/This paragraph was amended by the law as of November 11, 2022/

27.2.Disputes related to other sports activities outside the jurisdiction of the court, where the parties have mutually agreed to settle the dispute by arbitration, shall be settled by arbitration.

Article 28.Liabilities to be imposed on violators of legislation

28.1.If a criminal liability is not imposed on the official who violates this Law, the liability provided for in the Law on Civil Service shall be imposed.

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

Article 29.Entry into force of the Law

29.1.This Law shall enter into force on January 1, 2018.

29.2.Sub-paragraph 8.1.4 of this Law shall enter into force on January 1, 2019.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA ENHKBOLD.M