1993 оны 12 дугаар сарын 20-ны өдөр
Энэ хуулийн зорилт нь Монгол Улсын засаг захиргаа, нутаг дэвсгэрийн нэгж дэх хот, тосгон, тэдгээрийн нийгэм, эдийн засгийн үндэс, удирдлагын үйл ажиллагааны зарчим, тогтолцоо, бүрэн эрхийг тодорхойлж, хот, тосгоны удирдлагаас засаг захиргаа, нутаг дэвсгэрийн нэгжийн удирдлага болон аж ахуйн нэгж, байгууллага, оршин суугчидтай харилцах харилцааг зохицуулахад оршино.
Хот, тосгоны эрх зүйн байдлын тухай хууль тогтоомж нь Монгол Улсын Үндсэн хууль, энэ хууль болон тэдгээртэй нийцүүлэн гаргасан хууль тогтоомжийн бусад актаас бүрдэнэ.
Хот, тосгоны аж ахуй нь оршин суугчдын нийгэм, эдийн засаг, ахуй, соёлын хэрэгцээг хангахтай холбогдсон үйлдвэр, үйлчилгээний газар, орон сууц, зам, тээвэр, холбоо, дулаан, усан хангамж, цэвэрлэх байгууламж болон хот нийтийн аж ахуй зэргээс тус тус бүрдэнэ.
Хот, тосгоны удирдлага
Хот, тосгоны удирдлага нь үйл ажиллагаандаа ардчилсан ёс, шударга ёс, хууль дээдлэх болон оршин суугчдын ашиг сонирхлыг чөлөөлөх үндсэн зарчим баримтална.
Энэ хуулийн 10 дугаар зүйлийн 4 дэх хэсэгт зааснаас бусад тохиолдолд хот, тосгоны захирагчийг тухайн хот, тосгоны сонгуулийн эрх бүхий оршин суугчид нийтээрээ, чөлөөтэй, шууд сонгох эрхийн үндсэн дээр саналаа нууцаар гаргаж, 4 жилийн хугацаагаар сонгоно.
Хот, тосгоны захирагчийн сонгуулийг тухайн хот, тосгоныг харьяалах засаг захиргаа, нутаг дэвсгэрийн нэгжийн иргэдийн Төлөөлөгчдийн Хурлаас байгуулсан сонгуулийн нэгдсэн хороо эрхлэн явуулна.
Хот, тосгоны захирагч нь ажлаа тухайн хот, тосгоны оршин суугчдад жилд 2 удаа тайлагнаж, үйл ажиллагааныхаа талаар Ерөнхий сайд болон харьяалах аймаг, сумын Засаг даргад тус тус мэдээлж байна.
Хот, тосгоны захирагчийн бүрэн эрх
Хот, тосгоны зөвлөл дараахь эрх хэмжээтэй байна:
Хот, тосгоны захирагчийн бүрэн эрхийн баталгаа
Хууль тогтоомжид нийцүүлэн гаргасан хот, тосгоны захирагчийн шийдвэрийг тухайн хот, тосгоны дэвсгэр нутаг дахь аж ахуйн нэгж, байгууллага, оршин суугч биелүүлэх үүрэгтэй.
Хот, тосгоны захирагчийн зардлыг тухайн хот, тосгонд хуваарилсан төсвөөс санхүүжүүлнэ.
Хот, тосгоны захирагч нь тогтоосон журмаар үйлдсэн тамга, тэмдэг, хэвлэмэл хуудастай байна.
Хот, тосгоны оршин суугч
Энэ хуульд заасан суурин газарт байнгын хаягийн бүртгэлтэй иргэнийг хот, тосгоны оршин суугч гэнэ.
Хот, тосгоны удирдлагаас төрийн захиргааны төв болон нутгийн захиргааны байгууллагатай харилцах
Хот сонин, сэтгүүл, радио, телевизтэй байж болно.
Энэ хуулийг 1994 оны 4 дүгээр сарын 01-ний өдрөөс эхлэн дагаж мөрдөнө.
Монгол Улсын хуулиудын албан бус англи орчуулгыг зөвхөн судалгаа шинжилгээ болон мэдээллийн зорилгоор ашиглах боломжтой. Үүнээс үүдэх хууль зүйн аливаа үр дагаврыг ХЗДХЯ, ХЗҮХ хариуцахгүй болно.
www.Legalinfo.mn - Хуулийн нэгдсэн портал
LAW OF MONGOLIA
20 December, 1993 Ulaanbaatar city
LAW ON LEGAL STATUS OF TOWNS AND VILLAGES
Article 1.Purpose of the Law
The purpose of this law is to define towns and villages within administrative and territorial units, their social and economical basses, and principles of governance activities, their system and power discretion and coordinate relations between management of town's and village's with the administrative and territorial management units and economic entities, organizations and residents.
Article 2.Legislature on legal status of towns and villages
Legislature on legal status of towns and villages shall comprise of other legislative documents and regulations that have been established in compliance with the Constitution of Mongolia and the law hereto.
Article 3.Towns and villages
1.A town is a self-governed centralized settlement that has not less than 15000 of inhabitants, majority of whom are employed primarily in industry and service sectors, and has developed adequate infrastructure for establishment of a town.
2.A village is a self-governed settlement that has 500-15000 inhabitants and has developed sectors that specializes either one of following sectors as agriculture, industry, tourism, sanatoriums, transportation, trade and commerce.
3.Because of a role and significance of a village in economical and social development of the state and particular administrative and territorial units if it is deemed necessary a village can be regarded as a town by a decision made by Parliament upon considering a request submitted by the Government.
Article 4.Classification of towns
1.Towns shall have state and aimag classification levels in accordance with number of inhabitants, level of its urban infrastructure development, role that it plays in the economical and social development of particular administrative and territorial units.
2.For towns with more than 50000 inhabitants /if it is deemed necessary up to 50000 inhabitants/ a state classification can be applied on the basis of due consideration of town's role that it plays in economical and social development of the country, levels of urbanization and development of its urban infrastructure.
3.A state town classification issue shall be decided by State Ikh Khural upon request submitted by the Government whereas aimag level classification shall be decided by the Government upon request submitted by People's Representative Khural of the aimag.
Article 5.Administrative belonging of a town, village
1.In relation to its administrative status a town, village shall belong to a particular aimag, capital city, soum, district where it is located.
/This paragraph was amended by the law of 16 January, 1995/
2.Area of land used by a town, village can be located on the territory that stretches across the territories of several soums and if it is deemed necessary an issue related with changing boundary of that particular administrative and territorial unit shall be resolved in accordance with provisions stipulated in laws and regulations.
Article 6.Area of land used by a town, village
1.A town, village shall be entitled to posses an area of land for use.
2.Issues in relation to allocation of land for a town, village use, its size and changing of boundaries shall be resolved in accordance with provisions stipulated in laws and regulations.
Article 7.Inventory of a town, village
Inventory of a town, village shall comprise of production and service facilities, housing units, roads, transport, telecommunication, heating and water supply, sewage facilities and urban utility services that are established for meeting social, economical, utility services and cultural needs of residents of a particular town, village.
Article 8.Capital funds of a town, village
1.A town, village shall have capital funds established that will serve as a basis for its financial needs to ensure management and development of a town, village.
2.Capital fund of a town with state classification level shall comprise of state and local budget, and capital fund of a town, village with aimag classification level shall comprise of budget resources allocated for their needs as well as income generated from activities of economic entities of a town, village ownership, donations, grants provided from domestic and international inpiduals and organizations and other income.
/word 'central' was removed by the law of 02 January, 2003/
Article 9.Basic principles of governance of towns and villages
The governance of a town, village shall pursue in its operations basic principles of democracy, justice, respect to legislation and representation of interests of residents.
Article 10.Governance system of a town, village
1.Governance of a town, village shall comprise of a Governor and council.
2.A governor shall be entitled to perform duties and liabilities of governing and managing organization of daily operations of a town, village.
3.A governor shall be entitled to form a council that will comprise of 5-11 members who will represent influential persons in social and economical life of that particular town, village from economic entities, organizations and office of a Governor.
4.Governance discretion of towns and villages that serve as center of aimag, soum, bagh shall be exercised by a Governor of administrative unit where town, village is located.
5.Issues related with social and utility services of residents in settlements with up to 500 inhabitants shall be decided by the management of economic entity that is dominant in that particular settlement, and also by Communal and Representative Khurals of citizens of bagh and soum it belongs to and Governor.
6.A mayor of a town, village shall be entitled to have office staff. Structure, staffing limits of Governor office shall be established by the Government of Mongolia for each inpidual case or in unified manner.
7.In a situation stipulated in part 4 of this provision, Mayor's office of a town with the level of state classification shall be established separately from Governor's office and for other towns, villages it can be established within one office.
Article 11.Principles of selection of a town, village
In circumstances other than stipulated in part 4, Article 10 of this law hereto, a mayor of a town, village shall be elected for the period of 4 years on the basis of free, direct election exercised among whole residents who are entitled to vote through casting their votes discretely.
Article 12.Nominating for Mayor of a town, village
1.Nominations for mayor of a town, village shall be exercised from Khurals of particular towns, villages, and citizens' Communal and Representative Khurals of administrative units where towns, villages belong to.
2.A citizen who has obtained support of not less than 100 citizens in a village and 500 citizens in a town can be entitled to nominate and run themselves for a post of a mayor of a town, village.
Article 13.Election organization
Unified election committee which is established from citizens' Representative Khurals of administrative, territorial units where particular town, village belong to shall organize an election for a mayor of a town, village.
Article 14.Confirmation of a mayor's election and recognition of mayor's terms of power
1.A nominee who receives majority of votes from voters who participated in the election of a town, village mayor shall be regarded as a nominee who is elected as a mayor of a town, village.
2.If no single candidate from nominees in the election casts majority of votes, two nominees who have cast the most number of votes shall be entitled for re-election. And a nominee who casts majority of votes from all voters who participate in the re-election shall be considered as a mayor elected for a town, village.
3.Terms of Power of a mayors who were elected in accordance with provisions stipulated in part 1, 2 of this Article, namely, a mayor of town with state classification level shall be recognized by Prime Minister, and terms of power of a town with aimag level of classification shall be recognized by aimag Governor, and terms of power for a village head shall be recognized by soum Governor respectively.
4.State Ikh Khural shall be entitled to establish regulations in relation of calling election for and dismissing, resigning mayors of a town, village.
Article 15.Dismissing and resignation of mayors of a town, village
1.Governor of a town, village can be freed from a post of a mayor on the basis of personal request and other acceptable excuses.
2.Opinion poll among residents for dismissing of a mayor shall be ruled out if not less than 30 per cent of residents with voting rights have submitted their proposal for dismissing a mayor in written form, and also if Prime Minister, Governors of aimag, soum makes reasonable proposals.
3.A mayor shall be dismissed if court decision is enforced that proves committing of a criminal offence, and also if majority of votes cast in opinion poll for dismissing a mayor of a town, village have voted in support of dismissing.
4.Decisions on freeing and dismissing of a mayor of a town, village shall be entitled to be issued by Prime Minister and related Governor of aimag, soum where town, village belongs to.
Article 16.Reporting of activities by a Mayor of a town, village
A mayor of a town, village is entitled to report work performance twice a year to residents of particular town, village and shall inform his/her performance activities to Prime Minister and related aimag and soum Governor respectively.
TERMS OF POWER OF A MAYOR OF A TOWN, VILLAGE
Article 17.Terms of power of a mayor of a town, village in relation ot planning, budget and financial bookkeeping
1.A mayor is entitled to develop major strategic plan and program of social and economical development of a town, village and have it approved by citizen Representative Khural of related aimag, soum and organize subsequently their implementation activities.
2.A mayor shall be entitled to have general plans of development of a town, village approved in accordance with legal provisions stipulated and organize subsequently implementation activities.
3.A mayor shall be entitled to spend budget resources allocated from state and local budgets for a town, village.
/word 'central' was removed by the law of 02 January, 2003/
4.To have related organization and official from a particular town, village to develop, compile information, reports and etc. on economics and finance, employment, resources and stat of land utilization that are required for the social and economical development of a town, village.
Article 18.Terms of power of a mayor in exercising expenditure of properties owned by a town, village and interact with economic entities and organizations
1.A mayor shall be entitled to resolve issues in relation to exercising powers in expenditure of properties owned by a town, village within allocated discretion, and newly creation of those properties and leasing them.
2.To develop and propose privatization of own properties of a town, village in compliance with interests of residents of a town, village and have issues resolved in accordance with provisions stipulated in legislation.
3.To provide support and assistance for creation of production and services that are oriented towards satisfying needs of residents of a town, village.
4.To guide and direct functioning of economic entities, organizations owned by a town, village and appoint and dismiss their management.
5.To collaborate with economic entities and organizations in resolving of issues related to social and economical development of a town, village, and conclude contracts for production of food and other products of consumption and provision of services to residents.
Article 19.Terms of power of a mayor for a town, village related to land utilization and environmental protection
1.A mayor is entitled to develop a plan for utilization of land owned by a town, village.
2.A mayor is entitled to develop proposals related to development of land organization plans being implemented in a town, village.
3.A mayor is entitled to monitor that utilization of water resources of a town, village is carried out in accordance with regulations established.
4.A mayor is entitled to organize activities for implementation of sanitation, hygiene-disinfection measures of a town, village.
5.A mayor is entitled to inform residents of a town, village on the state of ecological situation of a town, village.
6.A mayor is entitled to develop measures for ensuring protection, rehabilitation of surrounding environment and green belt of a town, village and organize and implement those measures.
7.A mayor is entitled to submit an issue to relevant authority for ceasing off construction and utilization of constructions and facilities that breach ecology, hygiene norms and standards of a town, village.
Article 20.Terms of Power of a mayor of a town, village in relation to housing, utility services, trade and services
1.A mayor is entitled to allocate housing units owned by a town, village in accordance with regulations set.
2.A mayor is entitled to draw involvement in area landscape development of a town, village of economic entities, organizations on contractual basis and also organize participation of residents in such measures and activities.
3.A mayor is entitled to establish working hours for utility services, trade and industry organizations which are owned by a town, village.
4.A mayor is entitled to ensure that hygiene standards are met at trade and service facilities.
5.A mayor is entitled to organize trade fairs, shows and other service measures.
Article 21.Terms of power of a mayor of a town, village related to satisfaction of needs of residents social protection and community and culture services
1.To develop and implement a program aimed at increasing level of labor employability of residents and inhabitants.
2.A mayor is entitled to provide support and assistance to education, culture, health, social utility services, sporting and physical training institutions in carrying out activities and measures.
3.A mayor is entitled to organize measures aimed at protection of health, prevention from deceases for residents and ensure provision of sound conditions for organization of those activities.
4.A mayor is entitled to establish a fund from some income generated from works and services provided as well as financial and material support provided from residents in improving social protection of those residents who have living standards below than guaranteed level of livelihood.
5.A mayor is entitled to protect historical and cultural heritage cites and monuments and organize measures for maintenance of those items in accordance with regulations and rules established.
Article 22.Power of discretion of a mayor of a town, village in relation to construction, transportation and telecommunication
1.A mayor is entitled to organize measures for implementation of comprehensive plans and projects in accordance with general plans of development of a town, village.
2.A mayor is entitled to perform duties and responsibilities of a client in construction, rehabilitation of facilities for economy and industrial infrastructure from town's, village's own or shared capital.
3.A mayor is entitled to issue proposal in relation to allocating permission for construction of buildings, facilities on the territory of a town, village and commission constructions and facilities built for the purpose of housing and civil use.
4.A mayor is entitled to manage transportation organization owned by a town, village, and approve routes and time table of public transport means and also exercise monitoring duties over the organization of services from other transportation organizations which provide services to residents including provision of passenger services at railway, airport terminals.
5.A mayor is entitled to give directions and guidance for functioning of radio and TV organizations owned by a town, village.
Article 23.Other terms of power of a mayor of a town, village
1.A mayor is entitled to organize collaboration with law enforcement organizations in protection of social order and fighting against crimes and provide assistance for organization of those activities.
2.A mayor is entitled to process and make decisions related with proposals, requests and claims of residents and issues related to protection of their interests if such cases are not stipulated differently in legislation.
3.A mayor is entitled to establish awards of a town, village.
4.A mayor is entitled to approve a symbol for a town, village.
5.A mayor is entitled establish collaboration links with towns and villages of other countries.
6.A mayor is entitled to appoint and dismiss officials for a mayor's office.
7.A mayor can be entitled to establish a fund for own discretion which is generated from incentives, grants, goodwill, humanitarian donations and other sources that are not prohibited by laws and regulations.
Article 24.Liabilities of a town's, village's council
Council of a town, village shall exercise following liabilities:
1/to discuss issues stipulated in parts 1, 2 of the article no 17, and in parts no 1, 2, 4 of the article no 18, parts 1, 2, 7 of the article no 19, parts no 1 of the article no 20, parts no 1, 3 of the article no 21, part 3 of the article no 22, and parts 1, 3, 4 and 5 of the article no 23;
2/to review and discuss activities of mayor's office;
3/to discuss contributions provided and to be provided for the development of a town, village from economic entities, organizations.
WARRANTY OF TERMS OF POWER OF A MAYOR OF A TOWN, VILLAGE
Article 25.decision made by a mayor of a town, village
1.A mayor of a town, village shall issue order/s within scope of terms of power and in accordance with provisions of law and regulations.
2.If order/s of a mayor of a town, village is/are not in compliance with law and regulations, a mayor her/himself is entitled to cancel related decision or Prime Minister and Governors of related aimag, soum are entitled to cancel decisions respectively.
Article 26.Implementing of decisions made by a mayor of a town, village
Decisions made by a mayor of a town, village in compliance with laws and regulations shall be followed, implemented by economic entities, organizations located in the territory of related towns, villages and their residents.
Article 27.Expenditure of a mayor of a town, village
Expenditure of a mayor of a town, village shall be financed from budget resources allocated for a particular town, village.
Article 28.Seal and badge of a mayor of a town, village
A mayor of a town, village shall have a seal, badge and printed letter head carried out in accordance with rules set.
RESIDENT OF A TOWN, VILLAGE
Article 29.A resident
A citizen who is registered at permanent address in settlements stipulated in this Law shall be considered as a resident of a town, village.
Article 30.Rights and responsibilities of a resident
1.Residents of cities and villages shall have the following rights:
1/a resident who is registered at labor market shall be provided with job place in a first instance when job places are allocated;
2/a resident entitled to vote shall have rights to vote for management of a town, village and be elected;
3/to meet requirements of a title 'Honored citizen of a town';
4/to submit proposals, requests on any issues for a mayor directly or through a Governor of related administrative unit.
2.A resident of a town, village shall have following liabilities:
1/to participate in landscape development, provision of services and clean up measures being organized at a town, village level;
2/to decorate own house in accordance with general plan of development of a town, village, and maintain clean and properly cared environment and surrounging;
3/to utilize effectively land plot owned within land area utilized by a town, village in compliance with hygiene requirements.
INTERACTION WITH CENTRAL AND LOCAL PUBLIC ADMINISTRATIVE ORGANIZATIONS FROM MANAGEMENT OF A TOWN, VILLAGE
Article 31.Interacting with central public administration organization
1.A mayor of a town with state level of classification shall interact with central public administration organization and integrate and coordinate his/her own activities in exercising terms of power. If it is deemed necessary an issue shall be taken up to the Government for relevant decision to be made.
2.A mayor of a town with state level of classification can issue joint decision with the central public administration organization with the aim to implement sector and intersectoral policies.
3.A central public administration institution shall be prohibited to cause constraints in implementing of decisions made by a mayor of a town, village in accordance with laws and regulation within the scope of terms of power allocated.
Article 32.Interacting with local public administration organization
1.A mayor of a town, village can present explanations of decisions made by a mayor of a town, village to khurals of community and representatives of related administrative units.
2.A mayor of a town, village is entitled to fulfill decisions made by khurals of community and citizen representatives of related administrative units where a town, village belong to.
3.If in a decision made by a mayor, a Governor is entitled to bear responsibilities and if such a decision is considered as being not viable for implementation, then a Governor can be entitled to dismiss a decision made.
4.A mayor of a town, village is entitled to work in collaboration with the Governor on economical and management issues and if it is not stipulated differently in laws and regulations, a dispute originated between a mayor of a town with state classification level and a aimag Governor shall be resolved by Prime Minister, and a dispute born between a mayor of a town with aimag level of classification and soum, bagh Governors shall be resolved by a Governor of related upper hierarchy administrative unit respectively.
Article 33.Town symbol, award entitlement and other rewards
1.A town can have its own symbol that depicts its specific history, legacy and natural uniqueness and that symbol of a town shall be approved by town governor on the basis of consideration given to views and opinions of residents of a particular town.
2.A governor shall decide allocation of fames accordingly by awarding with 'Honored Citizen Title' persons who have met requirements set for honored citizen title holders and who have contributed significantly to the development of a town, and also award other organizations, collectives (groups) and people with Medal of Honor, awards and prizes, including allocation of other entitlements as entry of person and organization names in the town's Book of Fame.
Article 34.Media and information of towns
A town can have newspaper, journal, radio and TV.
Article 35.Law to come into effect
The Law hereto shall be enforced from 1 April, 1994.
CHAIRMAN OF THE STATE GREAT IKH KHURAL/PARLIAMENT OF MONGOLIA N.BAGABANDI