on museum

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the Law

1.1.The purpose of this Law is to regulate relations in connection with establishing the legal basis for museum activities, creating the museum treasury, and ensuring its security.

Article 2.Museum legislation

2.1.Museum legislation shall consist of the Constitution of Mongolia, the Civil Code, the Law on Culture, the Law on the Protection of Cultural Heritage, the Law on State and Local Property, this Law, and other legislative acts issued in conformity with them.

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

Article 3.Scope of the application of the Law

3.1.This Law shall apply in regulating relations in connection with the museum activities in the territory of Mongolia regardless of the type and form of ownership.

3.2.Unless otherwise provided by law, the activities of state and local galleries shall be regulated by this Law.

Article 4.Definition of the terms of the Law

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

4.1.1."museum" means a non-profit cultural and academic organization with the functions of registering, collecting, preserving, researching, promoting, and disseminating cultural valuables;

4.1.2."museum concept" means a document defining the museum's type, activity direction, scope, collection, and display policy;

4.1.3."general record/register" means the record and information document with the personal number, name, number, size, and description of the exhibit;

4.1.4."exhibit" means the cultural valuables owned by the museum registered in the general register;

4.1.5."collection" means a component of exhibits of scientific, artistic or cognitive importance that are related to each other in one or more characteristics and represent a certain period of time;

4.1.6."museum treasury" means the space created conditions for exhibits, collections, and their storage and preservation;

4.1.7."display/layout" means a space where exhibits and collections are displayed scientifically and artistically.

CHAPTER TWO

MUSEUM ACTIVITIES

Article 5.Establishment of a museum

5.1.The museum shall be established by citizens and legal entities of Mongolia in the form of state, local, and private ownership.

5.2.The museum concept shall be approved by the founder, and the concept of the locally and privately owned museum shall be consulted with the Cabinet member in charge of cultural affairs.

5.3.The museum activities shall be carried out by citizens and legal entities who have received a special permit specified in sub-paragraph 7.5 of Article 8.1 of the Law on Permits.

/This paragraph was amended by the law as of June 17, 2022/

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

5.4.A special permit for engaging in museum activities shall be issued by the state central administrative body in charge of cultural affairs.

5.5.A special permit for engaging in museum activities shall be granted for a period of eight years.

5.6.The extension, suspension, or revocation of the special permit shall be decided in accordance with the procedures specified in the Law on Permits.

/This paragraph was amended by the law as of June 17, 2022/

5.7.If stipulated in the charter of the museum, a public council with the function of supporting the activities of the museum may operate. The model charter of the council's activities shall be approved by the Cabinet member in charge of cultural affairs.

5.8.Citizens and legal entities shall submit their request for a special permit to establish a museum to the state central administrative body in charge of cultural affairs. The following documents shall be attached to the request:

5.8.1.an official letter defining the needs and demands for establishing a museum;

5.8.2.information on buildings and structures to be used for museum purposes;

5.8.3.list of cultural valuables to be used for museum purposes;

5.8.4.description of the Governor of the aimag and the Capital city supporting the establishment of the museum.

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

5.9.The state central administrative body in charge of cultural affairs shall resolve the requests of citizens and legal entities within the period specified in the Law on Permits.

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

5.10.Citizens and legal entities shall register a tangible cultural heritage to be used for museum purposes in the state-integrated database on register and information of cultural heritage.

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

5.11.The state central administrative body in charge of cultural affairs shall refuse to fulfill the request of a citizen or legal entity in the following cases and shall return the relevant documents:

5.11.1.the origin of tangible cultural heritage is unknown;

5.11.2.it was determined that the cultural valuables have a copyright infringement;

5.11.3.cultural valuables are considered to be evidence of crimes and violations;

5.11.4.the competent authority issued a conclusion prohibiting the use of buildings and structures.

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

Article 6.Ranking of museums

6.1.The Government shall establish national, state, and regional rankings for state-owned museums.

6.2.The National Museum shall provide professional and methodological guidance to other museums in the field of its type and activity.

6.3.National and state-level museums shall be under state protection.

6.4.Aimag, soum, and the Capital city museums shall have the functions to register, collect, preserve, research, promote, and disseminate local natural, historical, and cultural valuables.

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

Article 7.Direction of the museum activities

7.1.The museum shall carry out the following activities within the scope of the concept:

7.1.1.to search for, discover, and acquire cultural valuables;

7.1.2.to register and document the exhibits, to create museum records and databases;

7.1.3.to create records and databases in accordance with the Law on the Protection of Cultural Heritage;

7.1.4.to arrange and serve with the displays;

7.1.5.to organize domestic and foreign exhibitions;

7.1.6.to organize educational and cognitive work;

7.1.7.to organize training;

7.1.8.to conduct academic and research works, to publish and distribute their results;

7.1.9.to develop the foreign cooperation;

7.1.10.to participate the exhibits in foreign and domestic exhibitions;

7.1.11.to temporarily arrange and use cultural valuables owned by citizens and legal entities in exhibitions and displays;

7.1.12.to develop cooperation between museums;

7.1.13.other activities not prohibited by law.

7.2.The museum may engage in trade and services in accordance with the Law on Budget.

7.3.Governors of aimags and the Capital city shall assesshe museum by an independent legal entity every four years in order to improve the quality and safety of museum services operating in their respective territories.

7.4.The assessment methodology and the criteria for the person conducting the assessment specified in paragraph 7.3 of this Law shall be approved by the Cabinet member in charge of cultural affairs.

7.5.Governors of aimags and the Capital city shall submit the assessment report specified in paragraph 7.3 of this Law to the Cabinet member in charge of cultural affairs.

7.6.The founder of the museum shall be responsible for financing the expenses required for the museum activities.

7.7.In order to finance its activities, the museum may receive donations and aid within the framework of the law from citizens and legal entities, and their expenditure and reporting shall be transparent and accessible.

7.8.The sources of museum financing, donation, and aid shall be in accordance with the law.

7.9.Temporary exchanges between museums for the purpose of researching and promoting cultural heritage exhibits shall be regulated in accordance with paragraph 35.1 of the Law on Protection of Cultural Heritage.

Article 8.Museum display and arrangement

8.1.The museum shall adhere to the principle of constantly updating the display and arrangement in order to put exhibits and collections into circulation, spread knowledge and information, and introduce technical and technological advances.

8.2.The museum shall develop a draft plan for updating its displays and arrangements every six years within the framework of the concept.

8.3.The plan for updating the display and arrangement of state-owned museums shall be approved by the Cabinet member in charge of cultural affairs, and the plan for updating the display and arrangement of locally owned museums shall be approved by the Governor of aimag and the Capital city in consultation with the Cabinet member in charge of cultural affairs. The plan for updating the display and arrangement of the privately owned museum shall be approved by the founder.

8.4.Paragraph 8.2 of this Law shall not apply to museums built based on historic memorial buildings, architectural memorials, archeological and paleontological memorials.

Article 9.Museum service fee

9.1.Children of Mongolia under the age of 16 can visit the display hall of the museum for free.

9.2.Services other than those specified in paragraph 9.1 of this Law may have service charges, and the amount of the payment shall be determined by the director of the museum based on the consultation with the founder.

9.3.The director of the museum shall grant a service fee discount to the following citizens for using the display hall:

9.3.1.a citizen specified in paragraph 3.1 of the Law on Elderly;

9.3.2.a citizen specified in sub-paragraph 4.1.1 of the Law on the Human Rights of Persons with Disabilities.

9.4.The Government shall compensate private museums for the expenses related to the providing services specified in paragraph 9.1 of this Law, and the relevant procedures shall be approved by the Government.

CHAPTER THREE

MUSEUM TREASURY

Article 10.Types of museum treasury

10.1.The museum shall have a main and auxiliary treasury.

10.2.The main treasury shall include exhibits with historical, cultural, artistic, scientific, cognitive, and aesthetic valuables collected within the framework of the museum concept.

10.3.Exhibits other than those specified in paragraph 10.2 of this Law shall belong to the auxiliary treasury.

10.4.The museum treasury shall be diversified and organized by taking into account of the characteristics such as the material and size of the exhibits.

10.5.The movement of exhibits into and out of the museum treasury shall be regulated by rules, and the respective rules shall be approved by the Cabinet member in charge of cultural affairs.

10.6.Museum exhibits and collections that do not belong to cultural heritage can be insured except as specified in Article 10 of the Law on the Protection of Cultural Heritage.

10.7.The evaluation of the exhibits related to the historical and cultural memorials in the museum treasury shall be evaluated in accordance with the procedure specified in paragraph 9.1 of the Law on the Protection of Cultural Heritage.

10.8.Matters of evaluation of exhibits not covered by paragraph 10.7 of this Law shall be regulated by the Law on State and Local Property and the Law on Property Appraisal.

Article 11.Registration of the museum treasury

11.1The main document of the museum treasury register and information shall be the general register.

11.2.All museum exhibits shall have a personal number with the year of taken into the treasury, the number of the museum director's decision, and the serial number specified in that decision.

11.3.Based on the general register of the museum, the registration of the main and auxiliary treasury shall be carried out.

11.4.Records specified in paragraphs 11.1 and 11.3 of this Law shall be kept by hand by the museum records and data keeper.

11.5.Records specified in paragraph 11.4 of this Law shall be kept by the museum records and data keeper, and it shall be prohibited to store them in a place other than the museum, to transmit them to others without the permission of the museum director, to duplicate them in whole or in part, or to edit them.

Article 12.Collection of cultural valuables in the museum treasury

12.1.Collection of cultural valuables in the museum treasury shall be organized by the treasury council, and the composition and working procedures of the respective council shall be approved and implemented by the museum director based on the model procedure approved by the Cabinet member in charge of cultural affairs.

12.2.The museum shall collect cultural valuables in the treasury in the following form:

12.2.1.to acquire them as a result of museum exploration, excavation, and research work;

12.2.2.to purchase;

12.2.3.to receive by way of inheritance or gift;

12.2.4.to take-over by the decision of the competent authority;

12.2.5.to be created with their own assets;

12.2.6.to receive them as donations and aids;

12.2.7.others not prohibited by law.

12.3.When taking the works to be protected under the copyright as stated in the Law on Copyright and related rights into the museum treasury, the issue on intellectual property rights and copyright shall be resolved fully.

12.4.The Government shall approve the procedures for the purchase of cultural valuables for the treasury of state and local museums.

12.5.It shall be prohibited to pledge exhibits and collections of state and local museums.

Article 13.Removal of exhibits from the museum treasury

13.1.In case of removal of cultural heritage exhibits from state and local museum treasury, it shall be regulated by the Law on the Protection of Cultural Heritage.

13.2.In case of removal of exhibits not covered by paragraph 13.1 of this Law, they shall be regulated by the Civil Code and the Law on State and Local Property respectively.

13.3.Privately owned museums shall notify in advance the Cabinet member in charge of cultural affairs in case of removal of exhibits from the treasury.

CHAPTER FOUR

MUSEUM SECURITY

Article 14.Providing the museum security

14.1.The museum shall provide the following security:

14.1.1.of museum environment;

14.1.2.of buildings and structures;

14.1.3.of the treasury.

14.2.The safety standards specified in paragraph 14.1 of this Law shall be approved and implemented in accordance with the Law on Standardization, Technical Regulation, and Conformity Assessment Accreditation.

14.3.The founder shall take the following measures in order to ensure the safety of the museum in cooperation with emergency, police, intelligence organizations, and the competent authorities authorized to conduct inspection in the museum activities of the territory under their jurisdiction:

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

14.3.1.to save treasuries during the disaster, train customers and museum employees for disaster protection and disaster occurrence operations, and to be obtained practice and ability to act in disaster areas, and to be provided readiness;

14.3.2.to be performed the tasks to calculate the risks that may be affected by the disaster, to carry out a risk assessment (geological, geographical, meteorological, construction, operation and service, etc.), and to prioritize the risks by the organization specified in Article 7 of the Law on Disaster Prevention;

14.3.3.to research and introduce advanced techniques and technologies that are being newly introduced internationally.

14.4.The Government shall approve the procedures for the evacuation of museum treasuries during the period of disaster and danger.

14.5.The museum shall have a detailed contingency plan for working during the period of disaster and danger.

14.6.It shall be prohibited to issue permits on engaging in business activities for the purpose of storing and distributing fuel, storing explosives and volatile substances, and establishing a centralized point of waste, within 500 meters of the museum buildings and structures.

CHAPTER FIVE

MUSEUM EMPLOYEE

Article 15.Museum employee

15.1.The list of officials who will work in direct contact with museum exhibits shall be approved by the Cabinet member in charge of cultural affairs.

15.2.It shall be prohibited for the director of a state or a local museum to appoint a person from the relatives to the position specified in paragraph 15.1 of this Law.

15.3.Officials who work in direct contact with the exhibits specified in paragraph 15.1 of this Law shall be given a monetary incentive equal to annual basic salary every eight years, and the Government shall approve the relevant procedures.

Article 16.The Museum Treasurer

16.1.The museum shall have a treasurer.

16.2.A citizen of Mongolia who meets the following requirements shall be appointed as the treasurer of state and local museums:

16.2.1.has a higher education and is specialized in the field of museum and cultural heritage protection;

16.2.2.has not been convicted of a crime;

16.2.3.did not take liability for violating the common ethical norms of museum employees;

16.2.4.at the time of candidacy for the treasurer, candidate was not involved in a crime or was not charged as a suspect or accused, and did not have overdue loans to others;

16.2.5.not to engage in double work.

Article 17.Common ethical norms of museum employees

17.1.The museum employee shall follow the following common ethical norms:

17.1.1.not to disclose to others information about cultural valuables obtained through official channels;

17.1.2.not to interfere in the purchase of exhibits into the museum treasury, or not to give preference to others;

17.1.3.not to personally collect cultural valuables related to the type and activity of the museum;

17.1.4.not to participate in any illegal trade of cultural valuables;

17.1.5.not to transmit or resell the information obtained through the official channelsto others for profit;

17.1.6.not to receive remuneration from others for the performance of official duties, or to offer or requestremuneration.

CHAPTER SIX

MONITORING ON THE MUSEUM ACTIVITIES

Article 18.Monitoring the museum activities

18.1.The state central administrative body and state administrative body in charge of culture affairs, Governors of aimags and the Capital city, and state inspector shall monitor the museum activities.  

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

18.2.The public council may monitor the museum activities.

Article 19.Liabilities to be imposed on the violators of the Legislation

19.1.Any official who violates this Law shall be held liable as provided for in the Law on Civil Service, while any person or legal entity who violates this Law shall be held liable as provided for in the Law on Violations.

Article 20.Entry into force of the Law

20.1.Paragraph 9.4 of Article 9 and paragraph 15.3 of Article 15 of this Law shall enter into force on January 1, 2022.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA ZANDANSHATAR.G