(2022.12.18-ны өдрийн орчуулгын хяналт)                                  Unofficial translation

LAW OF MONGOLIA

December 7, 2017                                                                                   Ulaanbaatar city

ON THE CIVIL SERVICE

/Revised edition/

PART I

THE CIVIL SERVICE

CHAPTER ONE

GENERAL PROVISION

Article 1.Purpose of the Law

1.1.The purpose of this law is to establish the legal basis for ensuring a professional, sustainable, transparent and responsible civil service, and to regulate relations concerning the civil service central authority and defining the legal status of civil servants and their social security entitlements.

Article 2.Legislation on the Civil Service

2.1.Legislation on the civil service shall consist of the Constitution of Mongolia, this law and other legislative acts passed in conformity therewith.

Article З.Definitions of terms

3.1.The following terms used in this law shall have the following meanings:

3.1.1.'civil service' shall mean activities, structures and arrangements to implement state goals and functions within the scope of the Constitution of Mongolia and other legislations, to develop state policies and provide to the public necessary services to be provided by the state;

3.1.2.'civil servant' shall mean a person holding a position in the civil service, paid a salary from the state for performing duties, and provided with relevant work conditions and social benefits;

3.1.3.'merit' shall mean a set of qualifications, including knowledge, education, profession, specialization, skills, experiences and performance outcomes, used as the basis for making decisions on selection, appointment, and resignation of candidates for positions in the civil service, and for performance appraisal, promotion and reward of civil servants;

3.1.4.'vacant position' shall mean a position vacated due to the core civil servant's demotion or dismissal from the civil service, or being transferred or appointed to another position, or being deceased;

3.1.5.'job position description' shall mean a document confirming the functions of the given position, and qualifications, education, profession and specialization, experiences and skills required from the civil servant in order to implement related tasks.

Article 4.Scope of this law

4.1.The legal status of civil servants holding politically-appointed positions shall be defined by laws, and related provisions of this law applied accordingly, unless otherwise provided differently in other laws.

4.2.The legal status of core civil servants shall be established by this law and other legislative acts.

4.3.The legal status of state support service employees shall be established by the Labor Law, this law and other legislative acts.

4.4.Other issues related to labor relations of civil servants which are not regulated by this law, shall be regulated by the Labor Law and other laws.

4.5.Relations related to pensions and benefits of civil servants, shall be regulated by this law, the Law on Pensions and Benefits to be provided from the Social Insurance Fund and the Law on Pensions and Benefits of Military Personnel respectively.

4.6.Issues related to appointment and dismissal of judges of the Constitutional Court and of judges of all levels of courts shall be regulated by relevant laws.

CHAPTER TWO

MISSION STATEMENT, CLASSIFICATION, PRINCIPLES, STANDARDS AND FINANCING OF THE CIVIL SERVICE

Article 5.Mission of the civil service

5.1.The mission of the civil service shall be to enforce the Constitution of Mongolia and other laws, while upholding fundamental national interests, and serving the public and the state with the utmost loyalty.

Article 6.Classification of the civil service

6.1.The civil service shall be classified in the following way:

6.1.1.political service;

6.1.2.state administration;

6.1.3.state special service;

6.1.4.state support service.

6.2.Positions specified in sub-paragraphs 6.1.2 and 6.1.3 of this law shall be considered as core public administration positions.

Article 7.Principles of the civil service

7.1.In addition to the principles of democracy, justice, freedom, equality, national unity and rule of law as stipulated in paragraph 1.2 of the Constitution of Mongolia, the following principles shall be followed within the civil service:

7.1.1.serve the public;

7.1.2.maintain professionalism and sustainability;

7.1.3.civil servants other than politically-appointed civil servants, shall refrain from activities of political parties and coalitions;

7.1.4.provide Mongolian citizens with equal opportunities to work in the civil service;

7.1.5.recruit/appoint core civil servants based on merit only;

7.1.6.be transparent;

7.1.7.avoid conflict of interests;

7.1.8.adhere to hierarchical superiority.

Article 8.Standards of the civil service

8.1.Standards of the civil service shall aim to manage the civil service effectively, and to organize activities of public institutions and the civil service optimally.

8.2.Standards of the civil service shall establish the management requirements aimed to ensure public institutions perform their functions and civil servants perform to the full power of their assigned positions, and improve efficiency and impact of the civil service.

8.3.Standards of the civil service shall be developed, approved and complied with, in accordance with the Law on Standardization, technical regulations and conformity assessments.

Article 9.Financing of the civil service

9.1.Costs of the civil service shall be funded from the state budget.

9.2.State actions aimed to reduce costs of the civil service shall not become the basis to cut and suspend salary and wages, compensations and allowances, pensions and benefits, and other payments temporarily or permanently.

9.3.Monitoring of the financing of the civil service and utilization of budget of state organizations shall be implemented in accordance with legislation on the state budget and state auditing.

CHAPTER THREE

CLASSIFICATION AND CATEGORIES OF POSITIONS IN THE CIVIL SERVICE, PERSONAL PROFILE OF CIVIL SERVANTS, AND REGISTRATION DATABASE

Article 10.Classification and categories of positions in the civil service

10.1.Civil service shall be classified in the following way:

10.1.1.politically-appointed positions;

10.1.2.state administration positions;

10.1.3.state special service positions;

10.1.4.state support service positions.

10.2.Positions in the civil service shall have types, including administrative, executive and assistant positions.

10.3.Positions specified in sub-paragraphs 10.1.2 and 10.1.3 of this law shall be considered as core public administration positions.

10.4.The Government shall approve the list of types of management, executive and assistant positions specified in sub-paragraphs 10.1.2 and 10.1.4 of this law, based on proposals by the civil service central authority.

Article 11.Politically-appointed positions in the civil service

11.1.Politically-appointed positions in the civil service include positions subject to selection in accordance with criteria established under the Constitution of Mongolia and other laws, positions subject to appointment as a result of such elections; and on-staff support positions to help political appointees during his/her term of office:

11.1.1.President of Mongolia;

11.1.2.Chairman of the State Great Khural of Mongolia;

11.1.3.Prime Minister of Mongolia;

11.1.4.Deputy Chairman and member of the State Great Khural of Mongolia;

11.1.5.Members of the Government of Mongolia;

11.1.6.Head of the Office of the President of Mongolia;

11.1.7.Head and deputy-minister of the Secretariat Office of the Government/Cabinet;

11.1.8.Advisor to the President of Mongolia, advisor to the Chairman of the State Great Khural of Mongolia, and advisor to the Prime Minister;

11.1.9.Governors and of all levels and deputy governors of provinces, soums, capitals and districts;

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

11.1.10.full-time advisors, assistants and spokespersons supporting politically-appointed public officials during his/her term of office;

11.1.11.job positions of the secretariats serving the party and coalition caucuses in the State Great Khural;

11.1.12.other job positions provided in relevant laws.

11.2.The job positions of the Chairman of the Citizens Representative Council of the provinces, soums, the capital city and districts, and the mayor of a town or village can be considered similar to the political position of the state.

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

11.3.Full-time advisors, assistants and spokespersons recruited to help a politically-appointed civil servant during his/her office term, shall be directly supervised by him/her, and affiliated to the respective institutions as civil servants.

Article 12.Job positions in the state administration service

12.1.The job positions in the state administration service shall include the following job positions performing functions to provide professional advice for developing state policies, to manage and implement such policies:

12.1.1.Chairman, members, and management and executive positions of the Civil service council;

12.1.2.Management and executive positions in the office of the State Great Khural, the President, the Government, the Constitutional Court, the office of the General Council of the Court and the Court Disciplinary Committee, the Office of the Court at all levels, other judicial administrative organizations, and the prosecutor's office;

/This sub-paragraph was amended by the law dated January 15, 2021/

12.1.3.management and executive positions of secretariats of the Financial Regulatory Commission, the National Statistics Committee, the General Election Commission and the National Human Rights Commission;

12.1.4.management and executive positions of office of the National Security Council;

12.1.5.state secretaries of ministries, management and executive positions of ministries;

12.1.6.management and executive positions of government agencies, if not otherwise provided in laws;

12.1.7.secretaries of the Citizens Representative Council of the provinces, soums, the capital city and districts, management and executive positions of Citizens Representative Council and Governors' offices of the provinces, soums, the capital city and districts;

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

12.1.8.management and executive positions of local municipality agencies under provinces or capital city Governors, financed from the state budget, if not otherwise provided in laws;

12.1.9.management and executive positions in the office of town and village mayors;

12.1.10.other positions provided in laws.

Article 13.Job positions in the state special service

13.1.The positions in the state special service includes the following positions, to perform state special functions related to ensuring national and public security, and keeping social order and the rule of law:

13.1.1.members of the Constitutional Court, judges of all levels of courts and prosecutors;

13.1.2.Secretary of the National Security Council;

13.1.3.the President, First Vice-President and Deputy President of the Mongolbank, Chairman and full-time member of the Financial Regulatory Commission, Chairman and Deputy Chairman of the National Statistics Commission, Chairman and Secretary of the General Election Commission, Chairman and member of the National Human Rights Commission, Member in charge of the prevention of torture, Chairman and member of the General Judicial Council and Judicial Disciplinary Committee, management and executive positions of National and Local Audit Offices and Anti-Corruption Agency;

/Addendum was made to this sub-paragraph by the law dated January 23, 2020/

/Addendum was made to this sub-paragraph by the law dated January 15, 2021/

13.1.4.management of the armed forces, border and internal forces, emergency services, intelligence, state special protection, immigration, police, court decision enforcement, and forensic investigation organizations;

/Addendum was made to this sub-paragraph by the law dated December 23, 2023/

/In this sub-paragraph, after the term "state special protection," "immigration" addendum was made by the law dated January 6, 2023 and shall be enforced from March 1, 2023/

/Addendum was made to this sub-paragraph by the law dated May 14, 2020/

13.1.5.diplomatic service positions;

13.1.6.officers, sergeants and bailiffs, customs inspectors and forensic experts, specialists and civil servant of the immigration agency of the armed forces, border and army troops, emergency, intelligence, police, case-filing, investigation, court decision enforcement and forensic investigation organizations;

/Addendum was made to this sub-paragraph by the law dated May 14, 2020/

/Addendum was made to this sub-paragraph by the law dated December 23, 2023/

/In this sub-paragraph, after the term "experts and specialist," "employee of the immigration agency" addendum was made by the law dated January 6, 2023 and shall be enforced from March 1, 2023/

13.1.7.other positions provided in laws.

Article 14.Job positions in the state support service

14.1.The job positions in the state support service shall include the following job positions with functions to deliver quality, accessible and equitable civil services and to facilitate normal operations of state organizations, based on employment agreement:

14.1.1.job positions to facilitate normal operations of state organizations;

14.1.2.job positions including chairman, director, principal, other management, executive and support staff of state support service organizations, such as education, science, health, culture, arts and sports services financed from the state budget;

14.1.3.job positions including management, executive and support staff of state support service organizations affiliated to and under a ministry or agency and financed from the state budget.

Article 15.Personnel files of civil servants

15.1.The personnel files of civil servants (hereinafter 'personnel file') consist of a surname, father's (or mother's) name, given name, job position, and information related to work performance.

15.2.Every civil servant shall have only one personnel file.

15.3.The procedure for recording personnel files shall be approved by the civil service central authority.

Article 16.National integrated registration of civil servants

16.1.The civil service central authority shall manage the national integrated registration database of civil servants which reflects past and present civil servants' employment records and the roster of reserve personnel for high-level job positions in the civil service provided in sub-paragraphs 10.1.2 and 10.1.4 of this law.

16.2.The Government shall approve the procedure for managing the integrated registration database of civil servants, including the retrieving of information.

16.3.The roster of reserve personnel for management positions, as provided in paragraph 16.1 of this law, shall record former officials who served high-level positions in the civil service or similar job positions.

CHAPTER FOUR

RANKS OF TOP MANAGEMENT CIVIL SERVANTS, CLASSIFICATION AND GRADES OF OTHER JOB POSITIONS OF CIVIL SERVICE, AND RANKS OF CORE CIVIL SERVANTS

Article 17.Ranks of high-level civil servants

17.1.The State Great Khural shall approve the ranks of high-level civil servants and the grades of equivalent civil servants, based on proposals by the civil service central authority.

Article 18.Classifications and grades of job positions of the state administration service

18.1.Job positions in the state administration service shall have the following classification types:

18.1.1.chief official;

18.1.2.executive official;

18.1.3.senior official;

18.1.4.associate official;

18.1.5.assistant official.

18.2.The category of 'chief official' includes the position of the state secretaries of ministries and other comparable positions.

18.3.The category of 'executive official' includes positions of heads of ministerial departments and divisions and other comparable positions.

18.4.The category of 'senior official' includes positions of unit heads, senior experts and experts of ministries and other comparable positions.

18.5.The category of 'associate official' includes positions of senior specialists, specialists and senior supervisors and other comparable positions.

18.6.The category of 'assistant manager' includes positions of managers of ministries and other comparable positions.

18.7.The classification and ranking of administrative and executive positions of the State Great Khural, the President, the Government, the Supreme Court, the Constitutional Court, the Prosecutor General's Office, the National Human Rights Commission, the Civil Service Council, the National Security Council, the General Election Commission, the Financial Regulatory Commission, the National Statistics Commission, the Judicial General Council and the Judicial Disciplinary Committee shall be determined by the State Great Khural based on the proposal of the civil service central authority.

/This paragraph was amended by the law dated January 15, 2021/

18.8.The Government shall approve the classification and grades of job positions of state administration of ministries and other state organizations based on proposals by the civil service central authority.

Article 19.Classifications, grades and ranks of the state special service

19.1.Classifications, grades and ranks of the state special service shall be established in accordance with relevant legislation.

19.2.The list of job positions of the state special services to be treated as positions in the category of the state administration service specified in paragraph 18.1 of this law shall be approved by the state central service authority based on the Government's proposal.

/This paragraph was added by the law dated July 5, 2022/

Article 20.Grades of the positions in the state support service

20.1.The Government shall approve the grades of job positions in the state support service based on the proposal submitted by the civil service central authority.

20.2.The list of managing positions of the state support service to be treated as positions in the category of the state administration service, as specified in paragraph 18.1 of this law, shall be approved by the state central service authority based on the Government's proposal.

/This section was added by the law dated July 5, 2022/

Article 21.Ranks of positions in the state administration service

21.1.Job positions which are chief officials, executive officials, senior officials, associate officials and assistant officials shall each have ranks such as first, second, third and fourth.

21.2.Ranks specified in paragraph 21.1 of this law shall be granted by the following officials:

21.2.1.the rank of chief official to be granted by the President of Mongolia;

21.2.2.the rank of executive official to be granted by the Prime Minister of Mongolia;

21.2.3.the rank of senior, associate and assistant officials to be granted by the minister of Mongolia, Governors of provinces and/or the capital city, and other high-level officials of state organizations.

21.3.When granting ranks, the duration of employment in the civil service or the given position, performance outcomes and qualifications shall be duly considered.

21.4.The State Great Khural shall approve the procedure for granting ranks of positions of the state administration service and providing respective rank remunerations submitted by the Cabinet based on proposals of the civil service central authority, unless otherwise provided in laws.

21.5.Ranks of some unique positions in the civil service may be established by a law based on the proposal by the civil service central authority.

PART II

REQUIREMENTS FOR POSITIONS IN THE CIVIL SERVICE, APPOINTMENT PROCEDURES FOR POSITIONS IN THE CIVIL SERVICE, AND THE CIVIL SERVICE ENTRY EXAMINATION

CHAPTER FIVE

REQUIREMENTS FOR CIVIL SERVANTS

Article 22.Generic requirements for recruitment of positions in the core civil service

22.1.Unless otherwise specified in laws, citizens who satisfy the following generic requirements shall be appointed to the core civil service positions:

22.1.1.be a citizen of Mongolia;

22.1.2.have a higher education;

Commentary: The requirement provided in sub-paragraph 22.1.2 shall not apply to assistants' positions stated in paragraph 10.2 of this law.

22.1.3.have no criminal record of being prosecuted by a court for corruption and white-collar crime specified in the Criminal Code;

22.1.4.to be able to speak and write in Mongolian;

22.1.5.have no mental illnesses or impairments;

22.1.6.not being released from the civil service on the grounds specified in sub-paragraphs 46.2.2 and 46.2.3 of this law;

/This sub-paragraph was added by the law of November 11, 2022/

22.1.7.a citizen who is obliged to perform military service according to the law must have fulfilled his duty.

/The numbering of this sub-paragraph was amended by the law of November 11, 2022 and will be enforced from January 1, 2023/

Commentary: Citizens who reached 18 years of age before June 3, 2008, as well as those who did not pass a medical examination or were temporarily or permanently released from active military service on other grounds specified in the law, are not subject to the requirements specified in sub-paragraph 22.1.7 of this law.

/This commentary was added by the law of November 11, 2022 and shall be enforced from January 1, 2023/

Article 23.Special requirements of recruitment for job positions in the civil service

23.1.Special requirements of recruitment for positions in the political office and the state special service shall be established in accordance with relevant laws.

23.2.Citizens who have satisfied the following special requirements and the generic recruitment requirements specified in paragraph 22.1 of this law, shall be appointed to the following job positions in the state administration service, unless otherwise provided in laws:

23.2.1.If appointed to a position belonging to the category of chief official, at least 12 years in the civil service, must have worked in the executive official position for at least 6 years, and have attended and completed a set of qualification courses;

/This sub-paragraph was amended by the law dated July 5, 2022/

23.2.2.If appointed to a position belonging to the category of executive official, must have worked in the civil service for at least 8 years, of which at least 4 years were spent as a senior official, and must have attended and completed a set of qualification courses;

/This sub-paragraph was amended by the law dated July 5, 2022/

23.2.3.If appointed to a position belonging to the category of senior official, must have worked in the civil service for at least 6 years, of which at least 3 years were spent as an associate official, and must have completed a set of qualification courses.

/This sub-paragraph was amended by the law dated July 5, 2022/

23.3.The period of service in the position specified in paragraph 11.1 of this law can be considered as equivalent to the period of service in the appropriate category of positions in the state administration service.

/This paragraph was added by the law dated July 5, 2022/

23.4.The Government shall approve the procedure for equating the period specified in paragraph 23.3 of this Law to the period of service in positions belonging to the category of positions in the state administration service based on the proposal of the central civil service authority.

/This paragraph was added by the law dated July 5, 2022/

23.5.Unless otherwise provided by law, the civil service central authority shall approve the special requirements and the general procedures for developing job descriptions for management and executive positions in the core civil service.

/This numbering of this paragraph was amended by the law dated July 5, 2022/

23.6.The description of the position in the state administration service shall be developed in accordance with the procedure specified in paragraph 23.5 of this law, and approved by the person authorized to appoint the employee based on the approval of the civil service central authority.

/This numbering of this paragraph was amended by the law dated July 5, 2022/

23.7.It is prohibited to make changes to the special requirements and job descriptions specified in paragraph 23.5 of this law, unless that organization's functions are changed by legislation.

/This numbering of this paragraph was amended by the law dated July 5, 2022/

23.8.In accordance with the law, the person elected or appointed to the position of declaring personal interests, assets, and income shall take the measures specified in paragraph 101.4 of the Law on Regulation of Public and Private Interests and Prevention of Conflict of Interest in Civil Service.

/This numbering of this paragraph was amended by the law dated July 5, 2022/

Article 24.Set of qualification trainings

24.1.The content and program of set of qualification trainings shall be approved jointly by the civil service central authority and the Government in consideration with specific features, responsible tasks and functions of given job positions.

24.2.Set of qualification trainings shall be organized by the civil service training institution affiliated to the Government.

CHAPTER SIX

RECRUITMENT PROCEDURE FOR JOB POSITIONS OF CORE CIVIL SERVICE

Article 25.Generic procedure for recruitment for job positions in the core civil service

25.1.Mongolian citizens who meet requirements established in this law shall be selected and recruited for core civil service positions, unless otherwise provided in laws.

Article 26.Basic appointment requirement for job positions in the state administration service

26.1.Recruitment to positions in the civil service shall follow the merit-based selection principle as provided in sub-paragraph 3.1.3 of this law, in order to appoint the best candidate who met the basic criteria.

26.2.If candidates meet both special requirements specified in paragraph 22.1 and special requirements specified in Article 23, he/she shall be deemed to have satisfied criteria provided in paragraph 26.1 of this law.

26.3.If the civil servant who met 50% of special requirement of employment duration stated in paragraph 23.2 of this law, may be promoted before the required date, based on work performance results, qualifications level, ethics, knowledge, profession and specialization, experiences and skills.

26.4.Regulation for tier-based promotion in the civil service shall be approved by the civil service central authority based on recommendation by the Government. This regulation shall be applied to tier-based promotion in the civil service.

Article 27.Selection and recruitment in positions of the core civil service

27.1.In case of a vacant position being opened, the authorized official shall fill the position in accordance with the following procedure, unless otherwise provided in laws:

27.1.1.in the event of a vacancy in the management position of the core civil service, from civil servants working in state organizations according to the principle of merit promotion, and from citizens who are in the reserve of managing officials specified in paragraph 16.1 of this law;

/This sub-paragraph was amended by the law dated July 5, 2022/

27.1.2.in case of vacancies for executive and assistant official in the core civil service, from the civil servant working in that organization and from the civil servants working in other relevant state organizations;

/This sub-paragraph was amended by the law dated July 5, 2022/

27.1.3.If the vacancies in the executive and assistant positions of the core civil service cannot be filled in accordance with sub-paragraph 27.1.2 of this law by citizens who are in the reserve of civil servants;

/This sub-paragraph was amended by the law dated July 5, 2022/

27.1.4.to announce open competitive selection, in case it is not possible to fill the vacant position as provided in Sub-paragraph 27.1.3 of this law.

/This sub-paragraph was revoked by the law of July 5, 2022/

27.2.The authorized authority or official responsible for appointment shall inform the public in case of vacant positions opened in core civil service. The authorized authority or official responsible for appointment shall inform the vacancy within 7 days, and the request for organizing open competitive selection shall be submitted to the civil service central authority of the respective level within 21 days of the position being vacated.

27.3.The authorized official responsible for appointment shall appoint the candidate nominated by the civil service central authority upon incurred cases as provided in paragraph 27.1 of this law. The authorized official responsible for appointment may refuse only once to appoint the candidate to the vacant position of the core civil service, and in this case the civil service central authority shall nominate a different candidate in accordance with the relevant procedure.

Article 28.Duration of appointment for positions in the core civil service

28.1.Duration of appointment shall not be specified in case of recruitment for positions in the core civil service.

28.2.The office term of the newly-appointed civil servant with the specified office term by laws shall be equal to the remaining period of the office term of the preceding civil servant.

28.3.A probation period of 6-12 months may be applied for new entrants recruited for core civil service positions.

28.4.The probation period in core civil service shall be included within the overall employment years worked in the civil service.

28.5.The civil service central authority shall approve the conditions and procedures for applying the probation period for positions in the state administration service.

Article 29.On-the-job training for positions

29.1.After appointment for the position in the civil service, the appointed individual shall be provided short- and medium-term trainings.

29.2.Trainings stated in paragraph 29.1 of this law shall be organized by the civil service training institution affiliated under the Government.

29.3.The content and program of trainings stated in paragraph 29.1 of this law, shall be approved by the Government based on proposals by the civil service central authority.

Article 30.Monitoring of recruitment processes for core civil servants

30.1.The civil service central authority carries out monitoring and inspections over recruitment processes, based on its own decisions or complaints and information delivered by individuals, unless otherwise provided in laws.

30.2.In case where monitoring and inspections stated in paragraph 30.1 of this law have revealed breaches of legislation during selection and appointment processes of civil servants, a rectification order and tasks shall be assigned with a deadline for eliminating violations and ensure their fulfillment.

30.3.if rectification orders and tasks stated in paragraph 30.2 of this law are not fulfilled, the civil service central authority shall revoke the decision which violated the laws and regulations.

Article 31.Prohibited actions

31.1.Recruitment of core civil servants shall be prohibited in the following cases, unless otherwise provided in laws:

31.1.1.requirements provided in Articles 22 and 23 of this law are not satisfied;

31.1.2.candidate's temporary suspension from the civil service imposed due to disciplinary actions, justifications provided in laws or relevant procedures have not expired, or temporary suspension from holding a positions in the state administration service for a certain period of time which have not expired yet;

31.1.3.in the case of a civil servant and his/her related individual will work together in the same unit where one of their positions directly supervises the other directly or vice versa, unless permitted by relevant legislative acts;

31.1.4.other cases specified in legislative acts.

31.2.In accordance with this law, the selection and appointment of civil servants shall not be influenced, pressured and coerced in any form by any third parties, including the President, the Chairman of the State Great Khural, general budget governor, political appointees, managerial and executive officials of political parties and coalitions and other individuals.

31.3.Any illegal actions related to recruitment/appointment of civil servant, such as producing forged references, certificates and verifications related to recruitment, shall be strictly prohibited.

31.4.In case an individual has satisfied requirements for a certain civil service position, his/her right to serve in the civil service shall not be discriminated based on ethnicity, race, age, gender, social background and status, wealth, employment, job position, religion, viewpoints or affiliation to parties, public or other organization.

Article 32.Liabilities

32.1.The civil service central authority shall revoke an illegal decision which violated Articles 22, 23, 26, 27, 28 and 31 of this law, and send a notification proposing the resignation of the guilty employee to the authorized official, unless otherwise provided in laws.

32.2.The authorized official shall comply with the notification stated in paragraph 32.1 of this law and inform about the taken measures within 14 days.

32.3.In case the State Secretary of a ministry, the Chairman of a Government agency and other positions appointed by the Government are appointed illegally by violating provisions of Article 26 of this law, the Government shall revoke the relevant decision within 14 days.

32.4.In the case of politically-appointed officials, political party and coalition leaders and executives and other individuals influence the appointment processes of filling positions in the civil service, the core civil servant or applicant for a core civil service position may make records about the incidents and submit the relevant evidence to the civil service central authority within 30 days.

32.5.The civil service central authority shall review the records stated in paragraph 32.4 of this law and revoke the related decision accordingly, if not otherwise provided in laws.

32.6.In the case a political appointee violating paragraphs 31.2 and 32.2 of this law, it shall become the basis for him/her resigning.

32.7.In case paragraphs 32.1 and 32.2 of this law are violated, it shall become the basis for the guilty official resigning from his/her position.

CHAPTER SEVEN

ENTRANCE EXAMINATION OF CORE CIVIL SERVICE

Article 33.Examination of the core civil service

33.1.Civil service entrance examinations shall be organized with the purpose to create a reserve of recruits for the core civil service and to recruit candidates for vacant core civil service positions.

33.2.Unless otherwise provided by law, the civil service examination shall be of the following types:

/This paragraph was amended by the law dated July 5, 2022/

33.2.1.general examination;

33.2.2.special examination.

/This sub-paragraph was amended by the law dated July 5, 2022/

33.3.The general examination is conducted among citizens, civil servants of state support service, and political civil servants who meet the requirements set forth in paragraph 22.1 of this law, and the special examination shall be taken from citizens in the case of transitioning between the categories of the state administration positions set forth in paragraph 18.1 of this law, and the citizens in the specified reserve specified in sub-paragraphs 27.1.3 and 33.8 of this law.

/This paragraph was amended by the law dated July 5, 2022/

33.4.The general and special examination specified in paragraph 33.2 of this law shall be organized by the civil service central authority.

/This paragraph was amended by the law dated July 5, 2022/

33.5.Examinations of the core civil service positions consists of tests, interview and others forms.

33.6.Entrance examinations of the core civil service shall have the following contents:

33.6.1.to test management skills;

33.6.2.to test analytical skills;

33.6.3.to test problem-solving skills;

33.6.4.to test leadership skills;

33.6.5.to test Mongolian speaking and writing skills;

33.6.6.to test teamwork skills;

33.6.7.others.

33.7.The general core civil service examination will be held at least once per quarter. 

/This paragraph was amended by the law dated July 5, 2022/

33.8.Individuals who pass the examination stated in paragraph 33.7 of this law shall be registered in the roster of reserve core civil service personnel. The duration of registration in the roster shall last three years.

33.9.When organizing the special examination, the civil service central authority may establish an Examination Board consisting of representatives of related organizations, professional associations, scientists, and researchers.

/This paragraph was amended by the law dated July 5, 2022/

33.10.It will be announced to the public about taking the special civil service exam in mass media and on the website of the civil service central authority.

/This section was amended by the law dated July 5, 2022/

33.11.The civil service central authority may outsource the functions stated in paragraph 33.7 of this law to non-governmental organizations based on agreements.

33.12.Unless otherwise provided by law, the core civil service examinations may be held electronically. The procedures for taking general and special civil service examinations and the procedure for creating reserve for the core civil service shall be approved by the central civil service authority in consultation with the Government.

/This paragraph was amended by the law dated July 5, 2022/

Article 34.Prohibited actions

34.1.Any actions violating the procedure for organizing the general and special examinations of core civil service positions, or producing fraudulent reference, certificate and verification shall be duly prohibited.

Article 35.Liabilities

35.1.A civil servant who violated paragraph 34.1 and 35.2 of this law shall be suspended from the civil service for three years without appeal.

35.2.Individuals who violated the procedure for organizing examinations of core civil service positions shall not be re-elected to the Examination Council stated in paragraph 33.9 of this law.

PART III

CORE CIVIL SERVANTS' OATH OF OFFICE, COMMON FUNCTIONS, RESTRICTIONS AND CODE OF CONDUCT

CHAPTER EIGHT

CORE CIVIL SERVANTS' OATH OF OFFICE

Article 36.Oath of office of core civil servants

36.1.A citizen of Mongolia shall take the oath of office after being recruited in the civil service for the first time, as follows, unless otherwise stated in laws: 'I swear to devote my knowledge and skills for my Motherland and people of Mongolia, and abide by the Mongolian laws and ethics code, and perform official duties with dignity and loyalty for the fundamental national interests of my country. If I breach my oath, I shall be held accountable by law.'

36.2.The President of Mongolia shall approve the procedure for making oath of office.

CHAPTER NINE

CIVIL SERVANTS' COMMON DUTIES, RIGHTS, AND PROHIBITIONS

/The title of this chapter was amended by the law of July 2, 2021/

Article 37.Common Duties of Civil Servants

/The title of this article was amended by the law of July 2, 2021/

37.1.Civil servants have the following common duties:

/The paragraph was amended by the law of July 2, 2021/

37.1.1.respect and enforce the Constitution of Mongolia and other laws;

37.1.2.keep the oath of office, respect the public interests and avoid conflicts of interest, and ensure zero tolerance of illegal and unjust actions;

37.1.3.perform official duties within assigned powers by upholding national interests of the motherland and public well-being, and respecting citizens' dignity, reputations and legitimate interests;

37.1.4.civil servants, except political appointees, shall not participate in activities of any political parties, coalitions or movements during his/her office term;

37.1.5.in case a civil servant is a member of any political party, he/she shall be suspended of his/her membership and notify it to the affiliated political party within seven days of his/her appointment to the public position;

37.1.6.implement only legitimate decisions made by higher-echelon supervisory officials;

37.1.7.abide by civil servants' code of conduct, organizational culture and order, and uphold the reputation of the civil service;

37.1.8.develop professional knowledge and skills continuously, and be fully accountable for work performance and results;

37.1.9.during the performance of official duties and during the period after ceasing to hold that position, to strictly store state and official secrets, organizational secrets, and sensitive personal information, not to use it for personal or other interests, and not to distribute any official information without the permission of an authorized official;

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

37.1.10.avoid any political interventions and keep neutral when performing the full power of his/her job position, and to express only formal viewpoints in relation to state and government affairs through the mass and print media;

37.1.11.submit the declaration of interests, income and assets in accordance with relevant laws;

37.1.12.deliver high quality and inclusive civil services within a timely and cultured manner, and to avoid discrimination within delivery of civil services;

37.1.13.ensure implementation of goals, objectives and functions specified in his/her job description;

37.1.14.warn in advance about negative consequences of decisions by higher-echelon officials regardless of agreeing or disagreeing with their viewpoints;

37.1.15.provide higher-echelon supervisory officials with evidence-based, justifiable and accurate information and recommendations useful for developing state policies, resolving issues and making decisions.

37.1.16.utilize office hours efficiently in accordance with the Labor Law and the internal labor procedure of the institution;

37.1.17.avoid performing other jobs or obligations if not otherwise permitted by laws;

37.1.18.other obligations provided in laws.

Article 38.General rights of civil servants

/The title of this article was amended by the law of July 2, 2021/

38.1.Civil servants shall exercise the following common rights:

/This paragraph was amended by the law of July 2, 2021/

38.1.1.to review formally the requirements for the position, work conditions and job description which determine functions and power of the job position, and to aspire to provide a favorable work environment;

38.1.2.to demand higher-echelon supervisory officials to evaluate performance results in compliance with this law, to accept and agree performance appraisal results;

38.1.3.to submit requests related to raising salary, upgrading position grades and improving work conditions and social security to the higher-level official in writing;

38.1.4.to view personnel files, work performance references and related documents, and reflect additional explanations in one's own personnel file if necessary;

38.1.5.to access courts and other institutions to protect one's own legitimate interests;

38.1.6.to do teaching and research work;

38.1.7.to run business activities which do not conflict with interests of official duties and are not prohibited by law, and to make profits by appointing trusted individuals to manage his/her own businesses;

38.1.8.to resign from the civil service;

38.1.9.to attend trainings in order to improve professional knowledge and skills;

38.1.10.other rights provided by laws.

Article 39.Prohibited actions of core civil servants

/The title of this article was amended by the law of July 2, 2021/

39.1.Civil servants shall not carry out the following activities, addition to the provisions stated in laws:

/The paragraph was amended by the law of July 2, 2021/

39.1.1.give illegal tasks and assignments and demand compliance with them;

39.1.2.abuse power of positions in the civil service;

39.1.3.make illegal decisions;

39.1.4.misuse power of positions in the civil service, blackmail others for personal interests and sexual harassment; discriminate and exploit;

/The sub-paragraph was revised by the law of July 2, 2021/

39.1.5.be a member of political parties, or participate in activities of political parties and movements, non-governmental or religious organizations affiliated to political parties, unless otherwise permitted by laws;

39.1.6.participating in the election campaigns of the President's and the State Great Khural, of Citizens' Representatives Khurals of provinces, soums, the capital city, and districts; spending budget funds not intended for them, using state property, and official vehicles;

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

39.1.7.plan, organize or participate in strikes or other actions aimed at disrupting normal operations of the civil service;

39.1.8.use power of official duties to carry out religious or agnostic propaganda or publicity;

39.1.9.accept state ordains and medals, or other government awards from foreign countries without the permission of the President of Mongolia;

39.1.10.travel inside or outside the country at the expense of private companies or individuals, in particular of foreign organizations and citizens, in relation to performing official duties, if otherwise carrying out business trips under international treaties ratified by Mongolia, bilateral agreement or permission provided by authorized officials;

39.1.11.misuse and embezzle public organization's property, equipment, funds, information sources and official information for other than formal purposes;

39.1.12.discriminate against individuals in forms specified in sub-paragraphs 4.1.5 and 4.1.6 of the Law on Gender Equality;

39.1.13.express unofficial opinions and political viewpoints in regard to state policies through mass and print media, websites or social media, and distribute positive or negative news and information about political parties, coalitions or candidates;

39.1.14.participate in protests and demonstrations or distribute information against state policies and actions;

39.1.15.appoint a civil servant to the workplace until the dispute related to the demotion, dismissal, or dismissal of the civil servant is finally resolved by the court;

/The sub-paragraph was amended by the law of July 2, 2021/

39.1.16.refuse to hand over the position, job place, stamp, seal or related documents, after the decision of demotion, resignation or dismissal is made based on legal grounds;

39.1.17.violate the procedure for organizing and participating in public hearings;

39.1.18.other as provided in laws.

Commentary: Sub-paragraphs 37.1.5, 39.1.5, 39.1.6 and 39.1.13 do not apply to politically-appointed public officials.

/Addendum was made to this sub-paragraph by the law of July 2, 2021/

CHAPTER TEN

CODE OF CONDUCT

Article 40.Code of conduct

40.1.The code of conduct of civil servants holding positions stated in sub-paragraphs 10.1.1 and 10.1.3 shall be established by legislation.

40.2.The Government shall approve the code of conduct of civil servants holding positions in the civil service stated in sub-paragraphs 10.1.2 and 10.1.4 of this law based on proposals by the civil service central authority.

PART IV

LABOR RELATIONS IN THE CIVIL SERVICE

CHAPTER ELEVEN

GENERAL PROVISIONS

Article 41.Labor relations in the civil service

41.1.Individuals aged 18 and above may work in the civil service, unless otherwise provided in laws.

41.2.Retirement age ceiling in the civil service shall be 65 for all civil servants except political civil servants, if not otherwise provided in laws.

41.3.All other issues, related to labor relations of civil servants and unregulated by this law, shall be regulated by Labor Law specifically.

Article 42.Grounds for temporary replacement of a core civil servant

42.1.The authorized official may delegate work duties of a core civil servant to another core civil servant based on his/her consent in the following cases, unless otherwise provided in laws:

42.1.1.paid annual leave;

42.1.2.on leave due to health and other reasons;

42.1.3.on domestic and overseas business trips;

42.1.4.attended in-service trainings up to six months and studied in master's and doctor's course in a developed country for up to two years;

42.1.5.been deployed to perform other duties elsewhere under an administrative decision;

42.1.6.on maternity or parental leave;

42.1.7.pending court decision concerning demotion, resignation, suspension and dismissal of a civil servant from his/her position;

42.1.8.been demoted, resigned permanently or temporarily, or dismissed a civil servant from the position;

42.1.9.civil servant has been elected or appointed to other position;

42.1.10.is deceased.

Article 43.Temporary delegation of core civil servant's job duties

43.1.The authorized official shall make a decision on the temporary delegation of duties of one core civil servant to another within 14 days in cases other than provided in sub-paragraph 43.3.1 of this law.

43.2.The temporary substitute/acting civil servant shall perform the absent civil servant's job functions and duties. The decision on the temporary delegation of job duties shall indicate its duration, and limitations of some powers if necessary.

43.3.Temporary delegation of the core civil servant's job duties shall abide by and follow the following procedure:

43.3.1.a deputy director of an organization shall substitute the director's job duties during his/her absence;

43.3.2.the head of the department whose functions approximate job duties of the director of the organization, shall take the acting position of the director during absences of the deputy director, vice chairman or non-existence of deputy director's position.

43.3.3.in cases other than provided in sub-paragraphs 43.3.1 and 43.3.2 of this law, job duties of a core civil servant shall be delegated to another civil servant whose job functions are the closest to the absent civil servant.

43.3.4.in case of maternity (pregnancy and post-pregnancy) and parental leave, and absent due to treatment and rehabilitation of health conditions from three months to one year, job duties of absent civil servants shall be temporarily delegated to the closest-related colleague in terms of job functions, or reserve personnel registered in the roster of reserve civil servant may be selected and assigned the job duties temporarily.

43.4.The acting substitute civil servant shall perform temporarily-delegated functions and powers in addition to his/her permanent job functions, without being suspended from his/her permanents job positions, and be accountable for performance results.

43.5.The Government shall approve the procedure for providing salary and remuneration for temporary delegation of formal duties of core civil servants, based on proposals by the civil service central authority.

43.6.It is prohibited to assign and delegate core civil servant's job duties temporarily by violating the procedure provided in this law.

Article 44.Transfer and rotation of a core civil servant to other public position

44.1.Considering the necessity of formal work arrangements, it is possible to transfer one civil servant working on one position for over 10 years, from one state organization to another based on management's decision, mutual agreement of management of both organizations and consent of the core civil servant to be transferred.

Commentary: 'Necessity of formal work arrangements' stated in sub-paragraph 44.1 of this law refers to situations related to building up human resources with required knowledge, education, professions, specialized qualifications, skills and experiences; performing urgent or complicated tasks; or improving operations, structural organization and service quality within the given organization.

44.2.Unless otherwise provided by law, a full-time civil servant may be employed on a rotating basis for a period of up to two years between state organizations, as agreed upon by their management, or between units of the organization. The period of rotation can be extended for up to one year with the consent of the state organization, that originally sent him/her, and himself/herself if the civil servant or the organization, to which he/she is transferred, wishes. 

/This paragraph was revised by the law dated July 5, 2022/

44.3.According to paragraphs 44.1, 44.2, and 44.5 of this law, when transferring or reassigning a full-time civil servant, the category, rank, salary, or rank of the position held by the civil servant shall not be reduced.

/This paragraph was amended by the law dated July 5, 2022/

44.4.As soon as the civil servant's rotation period specified in paragraph 44.2 of this law ends, the person shall continue to be employed in the previous job or position. In the event that a full-time civil servant is returned to his previous job or position before the end of the rotation period, the proposal of the state organization that was sent to him first will be taken and resolved according to mutual agreement.

/Addendum was made to this this paragraph by the law dated July 5, 2022/

44.5.The person who is authorized to appoint may transfer civil servants between units of the organization by notifying him/her.

/This paragraph was added by the law dated July 5, 2022/

44.6.An organization that has transferred a full-time government employee as specified in paragraph 44.2 of this law may not continue to transfer him/her to another state organization without his/her consent.

/This paragraph was added by the law dated July 5, 2022/

44.7.The procedure for the transfer of a full-time civil servant to another position and rotation shall be jointly approved by the civil service central authority and the Government.

/The numbering of this paragraph was amended by the law dated July 5, 2022/

44.8.According to the Law on the Protection of Witnesses and Victims, a civil servant who is subject to protection measures may be transferred to another position from one state organization to another on basis of the agreement with him.

/The numbering of this sub-paragraph was amended by the law dated July 5, 2022/

Article 45.Demotion of a core civil servant under administrative initiative

45.1.A core civil servant may be demoted under management's decision based on the following grounds:

45.1.1.showed unsatisfactory performance, unachieved goals or targets provided in laws and job descriptions;

45.1.2.insufficient performance results and qualifications to work on the given position;

45.1.3.other grounds provided in law.

45.2.The direct budget governor shall make the decision specified in sub-paragraph 45.1.1 of this law, if not otherwise provided in law.

Article 46.Temporary suspension and resignation of a core civil servant from his/her position

46.1.A core civil servant can be suspended temporarily from the civil service, based on the following grounds:

46.1.1.need of treatment and rehabilitation for longer than three months due to health conditions, if not otherwise provided in law;

46.1.2.attend training for longer than six months (including training of new skills or in-service training);

46.1.3.serve in the Army;

46.1.4.being covered within security interventions under the Law on Protecting Witnesses and Victims.

46.2.A core civil servant may be resigned from the civil service, based on the following grounds:

46.2.1.became a candidate for the elections of the President and the State Great Khural, as well as the Citizens Representative Khurals of the citizens of provinces, soums, the capital city and districts;

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

46.2.2.reached retirement age;

46.2.3.reached the retirement age ceiling to work in the civil service;

46.2.4.initiated a request to resign from the civil service;

46.2.5.other legal grounds provided in laws.

46.3.A core civil servant shall submit a request of resignation from the civil service, as he/she reaches the retirement age, or a request of employment extension till the retirement age ceiling of the civil service, if not otherwise provided in laws. The authorized official makes the decision to continue employment of the public administration whether to resign from the civil service or to allow continue employment until the retirement age ceiling of the civil service based on evaluation of his/her qualifications, experiences and health status. In case a core civil servant has not filed a request of resignation from the civil service after reaching the retirement age or the extension date up to the age ceiling for working in the civil service, it shall not be deemed exemption from being resigned from the civil service under administrative decision.

46.4.If a full-time civil servant is a candidate for the regular elections of the President of Mongolia and the State Great Khural of Mongolia, before January 1 of the regular election year, and if he is running for the regular election of the Citizens Representative Khurals of provinces, soums, the capital city and districts, before the regular election year. In case of extraordinary, by-elections, or re-elections, they have been released from the civil service before August 1.

/This paragraph was revised by the law dated December 20, 2019/

/This paragraph was amended by the law dated January 30, 2020/

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

46.5.The direct budget governor shall directly make the decision specified in paragraphs 46.1 and 46.2, if not otherwise provided in laws.

46.6.Individuals stated in paragraph 46.1 of this law shall be considered registered in the roster of reserve civil servants.

Article 47.Dismissing a core civil servant

47.1.A core civil servant shall be dismissed from the civil service on the following grounds:

47.1.1.multiple times of insufficient performance of job duties (three or more times), unless otherwise provided by laws;

47.1.2.charged and convicted by a court decision due to criminal offence proven;

47.1.3.renunciation of Mongolian citizenship;

47.1.4.other grounds provided in this law.

47.2.The direct budget governor shall directly make the decision specified in paragraphs 46.1 and 46.2, if not otherwise provided in laws.

Article 48.Disciplinary punishment for civil servants

/The title of this article was amended by the law dated July 2, 2021/

48.1.Unless otherwise provided by law, in case of violation of Articles 37 and 39 of this law, non-fulfillment of official duties, and other cases specified in this law, depending on the nature of the violation and the first or repeated commission of the violation, any of the following disciplinary sanctions shall be imposed on civil servants other than state support civil servants:

/This paragraph was revised by the law dated July 2, 2021/

48.1.1.individually remind him/her; 

/This sub-paragraph was revised by the law dated July 2, 2021/

48.1.2.public warning in the form of an announcement to all employees;

/This sub-paragraph was revised by the law dated July 2, 2021/

48.1.З.to reduce the salary of the position by up to 20 percent for a period of up to 3 months;

/This sub-paragraph was revised by the law dated July 2, 2021/

48.1.4.dismissal from civil service;

/This sub-paragraph was revised by the law dated July 2, 2021/

48.1.5.dismissed without the right to return to public service for three years;

/This sub-paragraph was revised by the law dated July 2, 2021/

48.1.6.others are prescribed by law.

/This sub-paragraph was revised by the law dated July 2, 2021/

48.2.Civil servants in the state support service who commit violations specified in Article 48.1 of this Law shall be subject to labor disciplinary punishments specified in Article 123 of the Labor Law.

/This paragraph was added by the law dated July 2, 2021/

48.3.Disciplinary sanctions specified in paragraph 48.1 of this Law shall not be required to be applied consecutively.

/The numbering of this paragraph was amended by the law dated July 2, 2021/

48.4.If a core civil servant is appointed by an authorized official who has appointed him or by an organization with joint management, disciplinary punishment shall be imposed by the decision of the head of that organization.

/The numbering of this paragraph was amended by the law dated July 2, 2021/

48.5.If more than 6 months have passed since the discovery of the disciplinary violation or more than 12 months have passed since the violation, disciplinary punishment cannot be imposed.

/The numbering of this paragraph was amended by the law dated July 2, 2021/

48.6.Duplicate imposition of disciplinary sanctions is prohibited.

/The numbering of this paragraph was amended by the law dated July 2, 2021/

48.7.If a civil servant has not received disciplinary punishment within 1 year from the date of imposition of disciplinary punishment, he/she shall be considered to have received no disciplinary punishment.

/The numbering of this paragraph was amended by the law dated July 2, 2021/

48.8.The imposition of disciplinary punishment on a civil servant who violates the provisions of Article 39 of this law shall be grounds for his/her dismissal from civil service or refusal to re-engage in civil service, but shall not be grounds for exempting him/her from criminal or other liability.

/The numbering of this paragraph was amended by the law dated July 2, 2021/

48.9.If a full-time civil servant considers the decision to impose disciplinary punishment to be unjustified, he/she may submit a complaint to the civil service central authority or to the court within 30 days after notification of the decision.

/The numbering of this paragraph was amended by the law dated July 2, 2021/

48.10.The procedure for imposing disciplinary punishment and filing a complaint against it shall be jointly approved by the civil service central authority and the Government.

/The numbering of this paragraph was amended by the law dated July 2, 2021/

Article 49.Prohibited actions

49.1.It is prohibited to resign, suspend and dismiss a core civil servant from the civil service illegally.

49.2.Resignation, suspension and dismissal of a civil servant shall not be executed by violating additional guarantees provided in sub-paragraphs 62.1.2 and 62.1.3 of this law.

49.3.It is prohibited to mobilize civil servants, other than political servants, in any activities of political parties and coalitions or to perform tasks that are not related to their duties.

/This section was added by the law dated July 5, 2022/

Article 50.Compensation and monitoring of damages caused to the state

50.1.If the civil service central authority or the court determines that a citizen or a civil servant other than a political civil servant has been illegally appointed, released, temporarily released, or dismissed from the civil service, the damage caused to the state shall be compensated by the guilty official who made the decision.

/This paragraph was amended by the law dated July 5, 2022/

50.2.The civil service central authority shall make records of execution processes of the court decision, monitor repayment of the damages incurred to the state, and make a lawsuit to claim the damage on behalf of the state, in case damages unpaid.

CHAPTER TWELVE

AWARDS AND BONUSES

Article 51.Awards and cash bonuses

51.1.A core civil servant shall be awarded rewards with following forms upon accomplishments such as having executed extraordinary or complex tasks, introduced innovations or new initiatives aimed to improve organizations' operations, structure and quality of services, or satisfied other conditions and requirements:

51.1.1.gift of valuables;

51.1.2.nominate for honorable titles and medals of Mongolia;

51.1.3.awards of the Government and of other state organizations;

51.1.4.cash bonus based on quarterly performance appraisal results.

51.2.The Government of Mongolia shall approve the procedure for awarding the reward stated in sub-paragraph 51.1.1, nominating candidates for the award stated in sub-paragraph 51.1.3 and awarding cash reward stated in sub-paragraph 51.1.2, whereas the President of Mongolia shall approve the procedure for nominating candidates for the award stated in sub-paragraph 51.1.2 of this law.

51.3.Civil servants in the state administration service working continuously in a soum, Bagahangai, Baganuur, and Nalaih districts of the capital city shall be given a cash bonus equal to six months' basic salary once every five years.

/This paragraph was added by the law of November 11, 2022 and will be enforced from January 1, 2024/

PART V

CIVIL SERVANT'S WORK PERFORMANCE, AND APPRAISAL RESULTS

CHAPTER THIRTEEN

CORE CIVIL SERVANT'S WORK PERFORMANCE APPRAISAL RESULTS, AND PUBLIC MONITORING

Article 52.Common basis for evaluating the work performance and appraisal results of the core civil servant

52.1.Work performance, appraisal results and qualifications level/grade of a civil servant shall be evaluated periodically/ within the established date in compliance with relevant regulation.

52.2.Decisions related to promoting a core civil servant, upgrading salary, ranks and grades, incentives and attending trainings, demotion and imposing liabilities shall be based on his/her performance appraisal results.

52.3.Work performance and results of the direct budget governor of the state organization shall be evaluated based on the operational outcomes of the respective organization.

Article 53.Strategic plan

53.1.The general budget governor shall develop and approve the four-year strategic plan of the respective organization in compliance with laws, and ensure its implementation.

53.2.The Government shall approve the procedure for developing, approving and implementing the strategic plan based on proposal by the civil service central authority if not otherwise provided in laws.

Article 54.Work plan of the organization

54.1.The direct budget governor shall develop and approve the annual work plan in order to implement the program and actions under his/her power as provided in the Budget law of the given year, and implement the plan from January 1 till December 31 every year.

54.2.The Government shall approve the procedure for developing organizations' annual action plan, defining performance target and indicators, and reporting results.

Article 55.Core civil servant's annual work plan

55.1.A core civil servant shall develop annual work plan in order to carry out functions specified in legislations and job description, and implement the plan from January 1 till December 31 every year.

55.2.The Government shall approve the procedure for developing core civil servant's annual work plan, defining performance targets and indicators, reporting results, evaluating work performance and results, promoting a core civil servant based on performance appraisal, adjusting salary and wages, providing bonus and imposing liabilities.

55.3.A program of civil servant' trainings, work conditions and social security shall be developed and implemented.

Article 56.Public monitoring

56.1.The Public monitoring council shall execute the public monitoring functions to examine the quality, access and impacts of the civil service.

56.2.The civil service central authority shall approve the rule for selecting the Public monitoring council, implementing public monitoring and operation of the council.

PART VI

CIVIL SERVANT'S SALARY AND WAGE, REFUNDS, ALLOWANCE AND SOCIAL SECURITY

CHAPTER FOURTEEN

CIVIL SERVANT'S SALARY AND WAGE

Article 57.Civil servant's salary and wage

57.1.The Government shall pay salary to civil servants for performing functions and duties provided in laws and their job descriptions.

57.2.Civil servant's salary consists of the following:

57.2.1.Salary of politically-appointed civil servant consists of the base salary of the job position and additions of special work conditions and PhD degree;

57.2.2.Salary of civil servant holding management position consists of the base salary of the job position, additional pays of duration of employment in the civil service, ranks/titles, grades and qualifications, PhD degree and allowances;

57.2.З.Salary of civil servants rendering state special services consists of the base salary of the job position, additional pays of duration of employment in the civil service, ranks/titles, grades, PhD degree and qualifications level and other allowances provided in laws;

57.2.4.Salary of civil servants rendering the state support services consists of the base salary of the job position, additional pays of PhD degree, qualifications level, ranks/titles, skills, duration of employment in the civil service and other additional pays/allowances provided in laws;

57.3.Additional pays of ranks and grades shall not be overlapped when paid to a core civil servant.

57.4.The State Great Khural shall determine the amount of salary and system of civil servants who hold political and special service positions /except for Governors of soums and districts, Deputy Governors of provinces, soums, the capital city and districts, armed forces, border guards and internal troops, emergency, intelligence, state special protection, immigration, police, state special positions of court decision enforcement organizations/ in consultation with the civil service central authority upon the submission of the Government.

/Addendum was made to this paragraph by the law dated May 14, 2020/

/This section was amended by the law dated April 22, 2022/

/In this paragraph, after the term "state special protection," "immigration" addendum was made by the law dated January 6, 2023 and shall be enforced from March 1, 2023/

57.5.The Government shall approve salary amounts and pay system of the following civil servants based on proposal submitted by the central authority in charge of labor issues and the civil service central authority:

57.5.1.Governors of soums, baghs, districts and khoroo, Deputy Governor of soums and districts;

/Addendum was made to this sub-paragraph by the law dated July 2, 2021/

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

57.5.2.town/village mayor;

57.5.3.civil servants holding management positions;

57.5.4.civil servants of armed forces, border and internal troops, intelligence, state special protection, police, chief officer of court decision enforcement and emergency organization, court decision enforcement, immigration and customs organization;

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

/In this sub-paragraph, before the term "civil servants of customs organization," "immigration" addendum was made by the law dated January 6, 2023 and shall be enforced from March 1, 2023/

57.5.5.diplomats;

57.5.6.civil servants holding support service jobs;

/This sub-paragraph was revoked by the law of November 12, 2021/

57.5.7.full-time advisors, assistants and spokesperson who will provide services exclusively to politically-appointed civil servants during their office terms.

57.6.Additional pays and other necessary fringe benefits to politically-appointed state civil servants, members of the Constitutional Court, judges of all level courts, prosecutors, the President, First deputy and Deputy President of the Mongolbank, the Chairman and full-time members of the Financial Regulatory Commission, the Chairman and Deputy Chairman of the National Statistics Committee, the Chairman and Secretary of the General Election Commission, Chairman and members of the National Human Rights Commission, and civil servants who hold management and executive positions at the national and provincial auditing office and the Independent Authority Against Corruption shall be established by legislations based on proposals by the state central administrative body in charge of financial and budget matters and the civil service central authority.

57.7.The Government shall approve the procedure for providing additional pays and their amounts to civil servants stated in sub-paragraph 57.5.3 of this law based on proposals by the state central administrative body in change of labor matters and the civil service central authority.

57.8.The Government shall approve the procedure for providing additional pays and other allowances to civil servants holding state support service positions based on proposals the civil service central authority.

57.9.Except as specified in paragraph 57.13 of this law, the coefficient for determining the salary of officials belonging to the ranks of high-ranking civil servants and equivalent state servants shall be determined by the State Great Khural based on the proposal of the Government.

/Addendum was made to this paragraph by the law dated May 7, 2020/

57.10.The criteria for determining the amount of salary for the positions specified in paragraph 57.9 of this law shall not apply to the Chairman and members of the Constitutional Court, the Chief Justice of the State Supreme Court, the judge, the State Prosecutor General and his/her deputy, the Secretary General of the State Great Khural, First Deputy and Deputy chairman of the Secretariat of the State Great Khural.

/This paragraph was amended by the law dated May 7, 2020/

57.11.The salary of civil servants in the state support service may be determined on an hourly basis in compliance with the Labor law. The Government shall approve the list of job positions of which salary is to be determined on an hourly basis.

57.12.Civil servants in the state administration service shall be provided additional pays stated in the Labor law.

57.13.The State Great Khural shall determine the coefficient salary for the Chairman of the State Great Khural, Deputy Chairman of the State Great Khural, members of the State Great Khural, General Secretary of the State Great Khural, advisor to the Chairman of the State Great Khural, First Deputy and Deputy Chairman of the State Great Khural Secretariat, and management, executive and assistant positions of the Secretariat of the State Great Khural.

/This paragraph was added by the law dated May 7, 2020/

57.14.The Government shall set the minimum wage and salary range for civil servants in the state support service based on the proposals of the state central administrative body in charge of labor matters and the central civil service authority.

/This paragraph was added by the law dated November 12, 2021/

57.15.If it is necessary to employ a highly qualified person in the field of information technology in the category of civil service positions, the Government shall determine the salary coefficient and hierarchy of the position.

/This paragraph was added by the law dated December 17, 2021/

57.16.The Government shall determine the list of state organizations to which the salary index and hierarchy specified in paragraph 57.15 of this Law will be applied, as well as the maximum number of employees working in the field of information technology in that organization.

/This paragraph was added by the law dated December 17, 2021/

57.17.Civil servants in the state administrative service may be granted local increments.

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

Article 58.Establishing salaries for civil servants

58.1.When determining civil servants' salary, the following procedure shall be applied accordingly:

58.1.1.determine and enforce salary levels based on job place review analysis by reviewing operational frameworks of the organization, functions and tasks of the job position and related responsibilities;

58.1.2.salary amounts shall be linked with the average living standards and the average salary of comparable jobs in the private sector.

58.2.If the average salary of civil servants is reduced by 5% or more compared to comparable job positions in the private sector, the Government shall prepare and present a proposal to increase the base salary of the job position to the State Great Khural for approval before deliberation of the budget framework statements, in line with relevant regulations.

CHAPTER FIFTEEN

REIMBURSEMENTS TO BE PAID TO CIVIL SERVANTS

Article 59.Reimbursements to be paid to civil servants

59.1.Civil servants shall be provided the following reimbursements:

59.1.1.per diem of business trips;

59.1.2.transportation costs in line with approved norms, if used a private vehicle for official work purposes.

59.1.3.transportation and luggage costs and per diem for civil servants deployed for overseas trip, domestic field trips of inter-provinces or inter-cities, or within one province or city; and transportation and luggage costs for their family member or dependents;

59.1.4.in case a civil servant temporarily lost work capability or became disabled due to injuries or harms to his/her health occurred during his/her official duties, his/her salary, benefits and pensions shall be provided during the overall period of absentia due to lost work capability and of disability pension coverage, and ensure the damages shall be repaid by the guilty party;

59.1.5.in the case a civil servant became disabled due to injuries or harms to his/her health occurred during his/her official duties and required to use prosthesis, hearing aid and other rehabilitation treatment, the certain portion of costs shall be provided in accordance with paragraph 17.1 of the Law on Pension, benefits and payments of occupational diseases and industrial injuries to be provided from the Social insurance fund, the remaining part compensated from the State budget, and ensure the damages repaid by the guilty parties;

59.1.6.two-way travel costs in the case a civil servant travels to own or spouse's birthplace during annual paid vacation, or two-way travel costs in the case of being cared at a local sanatorium under decision of the accredited hospital shall be provided once every two years based on the ongoing price and tariffs for traveling by a vehicle or train;

59.1.7.The Government shall subsidize the margin of treatment costs exceeding the limit of treatment budget of the given year under the Law on Health insurance shall be provided by the government, or at least 60% of the treatment costs, in the case a civil servant is required to receive treatment urgently in a foreign country under the decision of the accredited hospital;

59.1.8.other reimbursements provided in laws and regulations.

59.2.The Government shall approve the procedure for providing reimbursements and their amounts to civil servants.

CHAPTER SIXTEEN

CIVIL SERVANT'S ALLOWANCES

Article 60.Allowances to be paid to civil servants

60.1.In case civil servants retired from the civil service due to grounds to have his/her old age pension determined, one-time lump sum allowance shall be provided based on calculation of his/her base salary and employment years. The maximum amount of the allowance shall not exceed the amount equal to the salary of 36 months. The Government shall approve the procedure for determining the average salary and criteria for providing one-time lump sum allowance.

60.2.If a civil servant is deceased when executing official duties, his/her surviving family shall be provided allowance equal to his/her salary of 60 months.

60.3.The Government shall approve the procedure and criteria for providing one-time lumpsum allowance stated in paragraph 60.2 of this law.

Commentary: If a civil servant is deceased in relation with his/her previous official duties after retirement from the civil service, the allowance stated in paragraph 60.2 of this law shall be provided to his/her surviving family.

CHAPTER SEVENTEEN

GENERIC GUARANTEES OF CIVIL SERVANTS

Article 61.Generic guarantees for civil servants

61.1.Civil servants shall be provided with the following generic guarantees:

61.1.1.to receive the base salary of job positions, reimbursements, allowances, rewards and bonuses, pensions and benefits;

61.1.2.to be provided with relevant work conditions suitable to execute full power of job positions;

61.1.3.to use a state-provided vehicle depending on the nature of job duties or an allowance equal to a certain portion of transportation costs to commute to and from work;

61.1.4.a civil servant and his/her family members can be provided a security protection by his/her employer-organization or police against any abuse, threats, defamation, libeling and other illegal actions and activities in relation with his/her official duties;

61.1.5.housing supports from the Government;

61.1.6.annual paid vacation established under the Labor law;

61.1.7.to attend in-service, professional development training up to 6 months with state funds and to receive the base salary of his/her job position;

61.1.8.The Government shall pay physical damages incurred to a civil servant during execution of his/her official duties, and take actions to ensure the damages shall be compensated by the guilty person in accordance with relevant laws and regulations;

61.1.9.If a civil servant cannot take the annual paid vacation in person due to urgent needs of his/her official duties, he/she shall be provided a bonus equal to the base salary of 1.5 months of the job position based on his/her consent;

61.1.10.other guarantees established by laws.

61.2.The Government shall approve the procedure for providing the guarantees stated in sub-paragraph 61.1.5 of this law.

CHAPTER EIGHTEEN

ADDITIONAL GUARANTEES OF CORE CIVIL SERVANTS

Article 62.Additional guarantees to be provided to core civil servants

62.1.A core civil servant shall be provided with the following additional guarantees besides those provided in paragraph 61.1 of this law:

62.1.1.not resigned and dismissed from the civil service due to other grounds provided in this law;

62.1.2.the termination of the powers of the State Great Khural, the President, the Government, the Chief Justice of the Supreme Court, the State Prosecutor General, the Citizens Representative Khurals of provinces, soums, the capital city and districts, and Governors at all levels, as well as the change of the political official specified in this law from that position, or the change of the budget general governor and the direct budget governor of a state organization, shall not be a ground for changing the civil servant;

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

62.1.3.Despite of restructuring changes occurred at a state organization (merge, consolidation, split, separation, change) or internal structural changes, a civil servant shall be remained employed on his/her job position, if functions and tasks in civil servant's job description unchanged; or in the case job positions for delivering such functions and tasks are cut down, the authorized official shall recruit a civil servant through competitive selection based on his/her performance results, qualifications level/grade, knowledge and skills, work experiences and employment duration and his/her capability which best satisfy generic and special requirements of the job position duly;

62.1.4.In case of a state organization has dissolved, structurally changed or its job positions cut down, the affected civil servants may be transferred to other jobs and positions relevant to his/her profession and qualifications without reduction of salary and wages, or attend in-service training up to 6 months with state funds, receive the base salary of previous job position and be provided with a job place in compliance with laws and regulations; or be paid one-time lumpsum allowance equal to his/her salary of 3 months.

CHAPTER NINETEEN

CIVIL SERVANTS OBLIGED TO WEAR UNIFORMS

Article 63.Civil servants obliged to wear uniforms

63.1.Civil servants may wear uniforms in compliance with relevant laws.

63.2.The President or the Government shall approve a procedure of a design, period of use of civil servants' uniforms accordingly.

PART VII

FULL POWER OF STATE ORGANIZATION IN REGARD TO THE CIVIL SERVICE

CHAPTER TWENTY

THE GOVERNMENT'S FULL POWER

Article 64.The Government's full power

64.1.The Government shall establish a system for evaluating state organizations' performance and civil servants' work results and qualifications, and develop and implement the program for providing work conditions and social security of civil servants in compliance with the civil service development policy and planning.

64.2.The Government shall be in charge of the following issues within its full power stated in paragraph 64.1 of this law:

64.2.1.to oversee operational performance of and assign tasks and orders to ministries, government agencies and local municipalities, and ensure their implementation, rectify irregularities and provide professional and methodology guidance accordingly;

64.2.2.to develop and implement the training program for improving civil servants' knowledge and skills, developing manager's skills, retraining and specializing civil servants jointly with the civil service central authority;

64.2.3.to receive a proposal from the civil service central authority in order to develop and approve the structure and outline of the state central administrative body;

/This sub-paragraph revoked by the law of July 5, 2022/

64.2.4.to provide overall supervision and coordination for programs, projects and interventions implemented to strengthen capacity of state organization and take actions to improve efficiency;

64.2.5.to approve procedure for evaluating performance and qualifications of civil servants, and provide methodology guidance for its implementation;

64.2.6.to carry out monitoring and evaluation to implementation progresses and outcomes of the civil service reform policies, strategies and human resource policy, and prepare proposal and recommendations to improve their efficiency;

64.2.7.to carry out a research study on average salaries of comparable jobs and positions in the private sector and submit a proposal for modifying salary and wages to the State Great Khural before deliberation of budget framework statements for due approval;

64.2.8.to respond on execution and actions regarding statements in paragraph 32.1 of this law within 14 days;

64.2.9.other full power stated in laws.

64.3.Under the Secretariat of the Government, a civil service training institution shall operate with key functions to train and re-train civil servants, to carry out research and analysis on human resources in the civil service and to provide professional and methodology guidance to policy makers in such regards.

64.4.The Government shall approve the charter of the training institution stated in paragraph 64.3 of this law.

CHAPTER TWENTY ONE

CIVIL SERVICE CENTRAL AUTHORITY, ITS FULL POWER

Article 65.Civil service central authority

65.1.The civil service central authority shall be the Civil Service Council (hereinafter as 'Council').

65.2.The Council shall report its operations to the State Great Khural.

65.3.The Council shall be an independent agency and have its secretariat, sub-council(s) and divisions for training, research and integrated database. The Council shall appoint and dismiss the chairman of its Secretariat and chairpersons of sub-council(s).

65.4.The State Great Khural shall approve the structure, organization and ceiling of staffs of the Council.

65.5.Council's operational activities shall be financed from the state budget.

65.6.The Council shall issue resolutions within its power. Relevant parties shall abide Council's resolutions accordingly.

65.7.The State Great Khural shall approve the operational charter of the Council.

65.8.Council's operational activities shall not be intervened by any parties, including the President of Mongolia, Chairman of the State Great Khural, the Prime Minister, members of the State Great Khural, ministers of the Government, political parties, the general public, private and public officials or individuals at all.

65.9.Violation of paragraph 65.8 of this law by an official shall be a ground to dismiss him/her from the civil service.

65.10.On matters within its power, the Council shall support the State Great Khural on exercising the power of monitoring.

/This paragraph was added by the law dated December 24, 2021/

Article 66.Council's full power

66.1.The Council shall exercise the following full powers:

66.1.1.to provide civil servants holding management and executive positions with recommendations and methodology guidance related to compliance of the code of conduct of civil servants unless otherwise stated in laws;

66.1.2.to oversee implementation of the program on trainings, work conditions and social security of civil servants, provide technical and methodology assistance, and organize a research and analysis related to the civil service;

66.1.3.to conduct an inspection on processes of selection, recruitment and appointment of core civil servants based on complaints and reports from individuals, organizations or civil servants, to deliver a rectification order to address detected irregularities and to revoke decisions violating laws and regulations;

66.1.4.to conduct audits to operational activities of state organizations in regard to compliance of the civil service legislations and the principles stated in sub-paragraph 3.1.3 of this law;

66.1.5.to create integrated database system of civil servants' personnel files and records, and to organize activities aimed to provide the President of Mongolia, the State Great Khural, the Government, the General Judicial Council and other interested parties with information related to the civil service and civil servants;

66.1.6.to make, amend and enforce decisions on issues within its power in compliance with legislations;

66.1.7.to provide professional and methodological advice to state organizations for analysis of functions;

/This sub-paragraph was amended by the law dated July 5, 2022/

66.1.8.to monitor and evaluate the implementation process and results of civil service reform policies, strategies, and human resource policies, and develop suggestions and recommendations for improving their results;

/This sub-paragraph was amended by the law dated July 5, 2022/

66.1.9.to implement the civil service reforms and good governance principles, and to provide executing agencies and their managers with professional and methodology guidance and services on issues related to change management, state administration and human resource management;

66.1.10.to review and analyze information related to programs, projects and interventions implemented to strengthen capacity of the civil service, and provide recommendations and services aimed to address overlaps and gaps and to improve efficiency;

66.1.11.to organize general and special civil service examinations, to provide methodical management, to select the direct budget governor of state administration and state support servicing organizations, and to approve relevant regulations;

/This sub-paragraph was amended by the law dated July 5, 2022/

66.1.12.other full power provided in laws and regulations.

Article 67.Council meeting

67.1.The main form of Council's activities shall be a meeting.

67.2.The order of meeting shall be established by the Civil Service Council.

Article 68.Members of the Council

68.1.The Council shall work on the principle of shared governance and will consist of five full-time members.

68.2.The Secretariat of the State Great Khural, the Office of the President of Mongolia and Secretariat of the Government shall each nominate one candidate, while civil servants' representatives shall nominate two candidates for the Council. Candidates shall be citizens of Mongolia and reached the age of 45; employed as core civil servants at least 15 years; have higher education in state administration, economics, law and education fields; and with no criminal records. The State structure standing committee of the State Great Khural shall approve the procedure for selection of council members representing civil servants.

68.3.The Council member shall be appointed for a period of six years based on the hearing of the candidate by the State Great Khural. A council member can be reappointed once per term.

/Addendum was made to this paragraph by the law dated December 24, 2021/

68.4.Individuals who are and have been working on management and executive positions of pollical parties in the past one year shall not be nominated for the Council's member.

68.5.Council members shall not have same birth place or be classmates, nor be related persons.

68.6.The State structure standing committee on of the State Great Khural shall issue a conclusion on whether the candidate for Council member meets the requirements specified in paragraphs 68.2, 68.4, and 68.5 of this Law.

68.7.Chairman and members of the Council shall not hold any other job or position concurrently.

Commentary: In paragraph 68.5 of this law, 'same birth place' refers to be born in the same province and soum, while 'classmates' refers to have studied in and graduated from the same class of the general secondary school, university and college.

Article 69.Full power of the Council chairman

69.1.Chairman of the Council shall be nominated from among members of the Council, and the vote shall be taken in secret, and the person who receives the majority of votes shall be elected for a term of three years. Chairman of the Council can be re-appointed once.

69.2.Chairman of the Council shall exercise the following full power:

69.2.1.to represent the Council in domestic and international relations;

69.2.2.to communicate with the State Great Khural, the Government, and other relevant organizations on issues related to the power of the Council, and participate in the meetings of the State Great Khural, Standing Committees, and the Government, expressing the position of the Council;

69.2.3.to identify agenda and announce the date of the upcoming Council meeting, and chair Council meetings;

69.2.4.other full power provided in laws.

69.3.The member designated by Chairman Council shall perform Chairman's roles and functions during his/her absence.

Article 70.Resignation of Chairman and members of the Council

70.1.The State Great Khural shall resign the Chairman or member of the Council due to the following grounds:

70.1.1.reached the retirement age ceiling of the civil service;

70.1.2.incapability to discharge official duties due to health conditions and other justifiable reasons;

70.1.3.submitted a request of resignation;

70.1.4.been appointed or selected to other job or work positions.

Article 71.Dismissal of Chairman and members of the Council

71.1.The State Great Khural shall resign the Chairman and members of the Council:

71.1.1.failure or inability to discharge official duties stated in laws, or violated work obligations severely or repeatedly;

71.1.2.found guilty by the Court, and sentenced by the Court decision;

71.1.3.violation of provisions of this law established by the authorized official;

71.1.4.Chairman of the Council made decision independently on issues related to full power of the Council.

71.2.The State Great Khural shall discuss and make decision on resignation based on feedbacks of the nominating body of the member upon cases stated in sub-paragraphs 71.1.1 and 71.1.3, and based on the decision of the relevant authority upon the case stated in sub-paragraph 71.1.2 of this law.

Article 72.Re-appointment of Chairman and members of the Council

72.1.If the office term of Chairman and members of the Council is terminated before the legal deadline, the authorized body shall nominate and present candidates to the State Great Khural.

72.2.The office term of the Council member appointed according to paragraph 72.1 of this law shall be same as the remaining period of the office term of the preceded member.

Article 73.Legal immunity of Chairman and members of the Council

73.1.In case a Chairman or member of the Council is arrested during criminal acts or at the crime scene with evidence, the relevant official shall report the incident to the Chairman of the State Great Khural within 24 hours.

73.2.Chairman or member(s) of the Council shall not be resigned or dismissed based on grounds other than provided in laws, or transferred to other job or position without his/her consent.

Article 74.Council's operational reports

74.1.The Council shall deliver its annual operational report (hereinafter as 'report') to the State Great Khural within the first quarter of the following year. The report shall cover the following information:

74.1.1.monitoring and inspection on compliance of the civil service legislations, results of dispute settlement in relation to violation of rights of candidates nominated for positions in the civil service;

74.1.2.conclusion on compliance and irregularities of civil servants' code of conduct, and proposal on follow-up actions;

74.1.3.proposal on strengthening the civil service legislations;

74.1.4.proposal of follow-up actions on strengthening the non-partisanship, just, transparent and responsible the civil service based on knowledge, skills and experience, and on civil servants' work conditions and social security.

74.2.The State structure standing committee shall discuss the report during its meeting and make conclusion accordingly.

74.3.The conclusion stated in paragraph 74.2 of this law shall be published in the State Information journal and posted on the website of the Council.

CHAPTER TWENTY TWO

DISPUTE SETTLEMENT

Article 75.Settlement of disputes in regard to violation of rights of core civil servant and candidates for the civil service

75.1.The civil service central authority shall resolve disputes between an authorized official who has a power to appoint, a civil servant and candidate for a position in civil service in relation to issues stated in Articles 25, 26, 27, 45, 46, 47 and 48, paragraph 52.2, and sub-paragraph 66.1.11 of this law, and disputes on salary and wages, work conditions and social securities delivered by a core civil servant, unless otherwise provided in laws and regulations.

75.2.A civil servant or candidate for a position in the civil service shall deliver his/her complaint along with relevant documents to a sub-council of the civil service or the civil service central authority within 30 days.

75.3.The civil service central authority shall make decision to open a dispute case within 7 days after the complaint received, and review and settle the dispute within 30 days. If necessary, this timeframe may be extended for 14 days.

75.4.Once the dispute settlement case opened, the dispute review committee under the civil service central authority shall exercise the following functions:

75.4.1.inquire explanations from related persons;

75.4.2.deploy specialists within the inspection work based on the consent with relevant organization(s);

75.4.3.inquire necessary information, statistics, explanations, reference statements and other documents from relevant public and private organizations or officials free of charge;

75.4.4.to assign tasks and requirements with certain timeframes to public and private organizations, individuals or officials to rectify irregularities and breaches detected during inspections and ensure their implementation;

75.4.5.to transfer the inspection materials and documents to the relevant authority in case the breaches detected may have features of criminal acts;

75.4.6.to be fully accountable for inspections, conclusions, explanations, rectification order and accuracy of documents and evidence;

75.4.7.other functions stated in laws and regulations.

75.5.Council members stated in paragraph 75.4 of this law shall comply with legislations, execute official duties justly free of external influences, respect legitimate interests and reputation of the state, public institutions, private entities and citizens, refuse inspecting issues related to spouses, family members and relatives, and conduct the inspections fully.

75.6.The State Great Khural shall approve the procedure for reviewing and resolving disputes stated in paragraph 75.1 of this law.

Article 76.Revoking illegal decisions

76.1.The civil service central authority shall amend or revoke the decision taken in relation to human resource management and entry examinations of the civil service stated in paragraph 75.1 of this law if the decision found with no legal basis or justifications.

76.2.If the decision stated in paragraph 76.1 of this law was made by the Government, the Government shall revoke its decision within 14 working day based on the notification of the civil service central authority

76.3.If the disputing party does not accept the decision of the civil service central authority, it may appeal and file lawsuit to the Court within 30 days since the decision is informed.

76.4.The civil service central authority shall revoke the decision other than provided in paragraph 76.7 of this law, in case the decisions of the civil service central authority and of the Court are not complied or even if the decision complied, the civil servant is laid off from the job position again, the civil service central authority shall revoke the disputed decision and deliver the notification proposing to resign the guilty official from the job position, to the relevant authority.

76.5.The authorized official stated in paragraph 76.4 of this law shall comply the notification and respond back about its follow-up action within 7 days.

76.6.The authorized official who violated paragraphs 76.4 and 76.5 of this law shall be dismissed from the civil service for three years without a right of re-entry.

76.7.In case the Government made the illegal decision stated in paragraph 76.4 of this law, the Government shall revoke its decision within 14 working days based on the notification delivered by the civil service central authority.

CHAPTER TWENTY THREE

MISCELLANEOUS

Article 77.Entry into force

77.1.Regulations for additional pays stated in sub-paragraph 57.2.2, additional pays of employment in the civil service stated in sub-paragraph 57.2.4 and lump-sum allowance for civil servants in the state support service stated in paragraph 60.1 shall be effective from January 1, 2020. Cash allowances under sub-paragraph 43.1.4 and paragraph 43.5 of the Law on Education, sub-paragraph 15.4.1 of the Law on protecting livestock gene funds and health, sub-paragraph 22.1.1 of the Law on Culture, sub-paragraph 21.1.3 of the Law on Science and technology and paragraph 29.2 of the Law on Health shall be provided until December 31, 2019.

77.2.This law shall be entered into force on January 1, 2019.

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