(2023.11.10-ны өдрийн орчуулга)                                                   Unofficial translation

Entry into force date: January 01, 2024

LAW OF MONGOLIA

July 07, 2023                                                                                          Ulaanbaatar city

ON RAILWAY TRANSPORT

/Revised edition/

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the Law

1.1.The purpose of this Law is to regulate relations in connection with transporting passengers and cargo by railway, ensuring the safety of railway transport, constructing railway basic structure, and owning, possessing and using of railway basic structure and vehicles.

Article 2.Railway transport legislation

2.1.The railway transport legislation shall consist of the Constitution of Mongolia, this Law, and other legislative acts issued in conformity with them.

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

Article 3.Scope of the application of the Law

3.1.This Law shall regulate the relations in connection with railway transport in the territory of Mongolia, regardless of the type and form of ownership.

3.2.This Law shall not regulate relations in connection with the construction and use of subway, tramway, magnetic and similar public transport railways with special designs.

Article 4.Definitions of terms of the Law

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

4.1.1."railway transport" shall mean the complex of railway transportation and the production, assembly, repair, and service of basic structure, vehicle, branch tracks and other facilities and equipment dedicated for railway transportation;

4.1.2."railway transportation" shall mean the complex of interconnected works and services in connection with preparing to transport, transporting, and completion of transporting the passengers, cargo, baggage, and luggage;

4.1.3."transporter" shall mean a legal entity that has a special permit to engage in transporting activities of passengers, cargo, baggage, and luggage by railway in accordance with the transportation contract;

4.1.4."railway basic structure service provider" shall mean a legal entity with a special license to use railway basic structure;

4.1.5."railway transport organization" shall mean a transporter and a railway basic structure service provider;

4.1.6."railway basic structure" shall mean the engineering facilities with the upper and lower structures, bridges, pipelines, stations, crossings, energy, water supply, signaling, communications, information, networks, techniques and technologies of the railway;

4.1.7."public railway" shall mean the basic structure of the railway intended to provide transportation services to the public;

4.1.8."industrial railway" shall mean the basic structure of the railway intended for the operation of business entities and organizations;

4.1.9."branch line" shall mean a railway with cargo loading, unloading, and storing area and tracks and other dedicated facilities;

4.1.10."vehicle" shall mean locomotives, cargo and passenger wagons, special-purpose railway equipment being used in transportation;

4.1.11."train" shall mean vehicle with route number and locomotive;

4.1.12."passenger" shall mean a person traveling by railway who has a ticket or equivalent document thereto;

4.1.13."cargo" shall mean items received in accordance with appropriate procedures for transportation by wagon or container;

4.1.14."dangerous cargo" shall mean chemical substances, products and items that cause harm to human health, livestock, animals, and the environment during railway transportation, loading, unloading, and storage, and cause damage and injury to means of transportation, machinery, equipment, buildings and facilities, with characteristics of gradually bursting, exploding, and burning, and may cause death, poisoning, burns, illness or accidents;

4.1.15."railway direction" shall mean the location determined the beginning and end of the railway;

4.1.16."direction of the basic structure of the railway" shall mean the interchange points along the railway direction;

4.1.17."railway gauge" shall mean the distance between the inner working edge of the pair of rials of a railway;

4.1.18."train movement map" shall mean the technological schedule indicating the time of departure, passage and arrival of trains;

4.1.19."railway objects" shall mean strip area, basic structure, branch roads, areas, vehicles, machinery and equipment related to the safety of railway transport;

4.1.20."loss of safety of railway transport" shall mean accidents and violations that cause damage to human life, health, environment, property of people or legal entities due to violation of railway technological regimes;

4.1.21."railway station" shall mean a part of the basic structure of the railway with lines, equipment and facilities for receiving, dispatching and crossing trains, serving passengers, receiving and issuing cargo, baggage and luggage, as well as for the normal operation of rotation traffic;

4.1.22."railway crossing" shall mean an intersection where the railway crosses the auto road at the same level;

4.1.23."special purpose tools and equipment" shall mean tools and equipment to be used to ensure the safety of railway transport;

4.1.24."luggage" shall mean items duly handed over by a person or legal entity to be transported by baggage wagon;

4.1.25."baggage" shall mean the passenger's belongings duly handed over to be transported by baggage wagon.

Article 5.Principles to be adhered in the railway transport

5.1.The following principles shall be adhered to in railway transport:

5.1.1.to have unified coordination of traffic and be coordinated with the activities of other sectors of transportation;

5.1.2.to have ensured and maintained the quality, accessibility, and security of the service;

5.1.3.to have created competitive market conditions and ensured equal participation.

CHAPTER TWO

STATE REGULATION OF RAILWAY TRANSPORT

Article 6.Powers of the State Great Khural

6.1.The State Great Khural shall exercise the following powers regarding railway transport:

6.1.1.to approve the legislation on railway transport, monitor and inspect its enforcement;

6.1.2.to solve the issue of Mongolia's accession to and withdrawal from international treaties on railway transport;

6.1.3.to determine the direction of the public railway;

6.1.4.to solve the issue of railway gauge specified in sub-paragraph 7.1.6 of this Law.

Article 7.Powers of the Government

7.1.The Government shall exercise the following powers regarding railway transport:

7.1.1.to organize the implementation of railway transport legislation, ensure their enforcement, and conduct monitoring and inspections;

7.1.2.to determine the direction of basic structure of the railway based on technical and economic feasibility study;

7.1.3.to determine the period of use of railway strip land;

7.1.4.to resolve issues related to the construction of railway basic structure in the border strip specified in paragraph 26.1 of the Law on Border of Mongolia;

7.1.5.to establish the direction of industrial railways;

7.1.6.to submit the public railway gauge issue to the State Great Khural;

7.1.7.other powers stated in the legislation.

Article 8.Powers of the State Central Administrative Body in charge of railway transport matters

8.1.The State Central Administrative Body in charge of railway transport matters shall exercise the following powers:

8.1.1.to organize the tasks on implementation of railway transport legislation, and ensure its enforcement;

8.1.2.to represent Mongolia in international railway cooperation;

8.1.3.to represent the rights of state-owned shares in the railway transport sector and to carry out activities related to transportation ordered by the state on behalf of the state in accordance with the law and international treaties;

8.1.4.to organize the tasks in connection with starting and continuing the construction of railway basic structure and branch lines, and commissioning them;

8.1.5.to grant, extend, suspend, restore, and revoke special permits specified in sub-paragraphs 14.1.1, 14.1.2, 14.1.3, and 14.1.4 of this Law;

8.1.6.to analyze and investigate railway accidents and violations;

8.1.7.to give preference of the transportation to certain types of cargo that are of special importance to the country's economy and society in accordance with the direction given by the Government.

Article 9.Powers of governors of aimag and the Capital city

9.1.Governors of aimag and the Capital city shall exercise the following powers regarding railway transport:

9.1.1.to organize social order maintenance work on the railway strip area and railway buildings and facilities located outside of it which are located in their respective territory in cooperation with the railway transport organization;

9.1.2.not to involve the employees directly related to the movement of trains in the mobilization specified in sub-paragraph 3.1.14 of the Law on Mobilization, except for conscription;

9.1.3.to allow to use common minerals, wood, water, etc., necessary to eliminate the harm caused by the loss of railway transport safety;

9.1.4.to organize the activities specified in sub-paragraph 32.1.9 of the Law on Disaster Protection to eliminate the harm caused by the loss of railway transportation safety;

9.1.5.to solve the issues on granting rights to possess and use land related to railway development and vacating land in accordance with relevant legislation.

Article 10.Functions of the State Administrative Body in charge of railway transport matters

10.1.The state administrative body in charge of railway transport matters /hereinafter referred to as "state administrative body"/ shall be an implementing agency of the Government with the function of implementing control and regulation in connection with railway transport activities.

10.2.The state administrative body shall perform the following functions:

10.2.1.to develop and promote of legislation, rules, procedures, norms and standards of railway transport;

10.2.2.to approve procedures, methodologies, regimes, instructions, technical assignments, lists, models related to railway engineering and technology;

10.2.3.to determine and control the type and size of cargo to be transferred between the basic structures of the railway;

10.2.4.to approve a unified train movement map and unified technological regime, organize upon ordering train movement between basic structures;

10.2.5.to provide unified management of the train traffic control center of the basic structure of the railway;

10.2.6.if necessary, to review the contract concluded between basic structure service providers and between basic structure service providers and transporters, make suggestions and conclusions, and ensure their implementation;

10.2.7.to review railway transport tariffs, make suggestions and conclusions;

10.2.8.to conduct examination and inspections on whether the requirements of legislation, rules, procedures, norms, standards, and technical documents in railway transportation operations are met or not, and ensure the implementation thereof;

10.2.9.to determine the human resources needs of the railway transport sector,  train, retrain, specialize the qualified employees, and grant the qualification degrees, a right to drive vehicle;

10.2.10.to develop plans and projects for the introduction of academic studies, research, science and technology, and innovation in the railway transport sector, and implement them;

10.2.11.to supervise the construction and expansion of railway basic structure, branch lines, buildings and facilities;

10.2.12.to draw conclusions on the use of railway vehicles, register them, issue numbers and certificates;

10.2.13.to keep personal files of railway basic structure and branch lines;

10.2.14.to create statistics and unified database of railway transport information, analyze them, and report to the competent authorities;

10.2.15.to organize the verification work on the railway drawings, to select people and legal entities, and grant a right of the expert;

10.2.16.to organize activities related to ensuring the safety of railway transport and issuing certificates.

10.3.State general inspectors, state senior inspectors, and state inspectors shall carry out monitoring and inspections specified in sub-paragraph 10.2.8 of this Law in accordance with relevant legislation.

10.4.The inspector's rights specified in paragraph 10.3 of this Law shall be granted by the Cabinet member in charge of railway transport matters.

CHAPTER THREE

RULES, PROCEDURES, AND CONFORMITY ASSESSMENT OF RAILWAY TRANSPORT

Article 11.Rules and procedures of railway transport

11.1.The following rules, procedures, methodologies, and norms shall be approved and enforced in the railway transport sector:

11.1.1.rules of railway technical use;

11.1.2.rules for transporting cargo by railway;

11.1.3.rules for transporting passengers, luggage and baggage by railway;

11.1.4.procedures of train traffic management;

11.1.5.procedures for starting, continuing, and commissioning of the constructions of railway buildings and facilities;

11.1.6.procedures on consulting services for developing technical and economic feasibility study and drawing, concluding verification, and setting technical and technological control of the railway;

11.1.7.procedures for analysis and investigation of railway accidents and violations;

11.1.8.procedures for railway signaling and communication;

11.1.9.procedures for regulating unified map of train movement;

11.1.10.procedures  for placing objects, conducting production and services, and access to the area with railway transport purposes;

11.1.11.procedures for using railway vehicle;

11.1.12.procedures for entering the railway vehicles through the border of Mongolia, registering them, and granting certification to them;

11.1.13.special procedures on employment relations, conditions and disciplinary of employees directly related to train movement;

11.1.14.procedures for using railway crossings;

11.1.15.procedures for using special tools and equipment for railway transport;

11.1.16.procedures for registration and exchange of railway transport information;

11.1.17.procedures for training, retraining, and specializing the qualified employees of railway transport sector, granting qualification degree and a right to drive railway vehicle for them;

11.1.18.procedures for the use of official clothing for employees of railway transport organizations;

11.1.19.procedures for provision of railway basic structure and branch lines services, and use of them;

11.1.20.methodology for railway transport tariff setting;

11.1.21.the basic norm of the budget for construction works of railway buildings and facilities;

11.1.22.procedures for special transport;

11.1.23.procedures for transporting, loading, unloading, and storing the dangerous cargo by railway;

11.1.24.procedures for the travel of special trains to be travelled by the President of Mongolia, the Chairman of the State Great Khural, the Prime Minister, and the Heads of the State of foreign countries;

11.1.25.procedures for creating, spending, and monitoring sources of funds for railway technical documents, norms, and standards;

11.1.26.procedures for medical examination of railway employees;

11.1.27.procedures for issuing certificates for objects and activities related to railway transport safety.

11.2.Rules specified in sub-paragraphs 11.1.1, 11.1.2, and 11.1.3, procedures specified in sub-paragraphs 11.1.4, 11.1.5, 11.1.7, 11.1.8, 11.1.9, 11.1.12, 11.1.14, 11.1.17, 11.1.25, and 11.1.27, a methodology specified in sub-paragraph 11.1.20, a norm specified in sub-paragraph 11.1.21 of this Law shall be approved by the Cabinet member in charge of railway transport matters, and procedures specified in sub-paragraphs 11.1.6, 11.1.10, 11.1.11, 11.1.13, 11.1.16, 11.1.18, and 11.1.19 of this Law shall be approved by the State Administrative Body in charge of railway transport matters, respectively.

11.3.The procedures specified in sub-paragraphs 11.1.22 and 11.1.23 of this Law shall be approved by the Cabinet member in charge of railway transport matters in cooperation with intelligence organization, the procedure specified in sub-paragraph 11.1.24 of this Law in cooperation with the State special protection organization, and the procedure specified in sub-paragraph 11.1.26 of this Law in cooperation with the member of the Cabinet member in charge of health matters, respectively.

11.4.Procedure specified in sub-paragraph 11.1.15 of this Law shall be approved by the State Administrative Body in cooperation with the intelligence organization.

Article 12.Standards and conformity assessments of railway transport

12.1.Relations in connection with the railway transport standards and conformity assessment shall be regulated by this Law and the Law on standardization, technical regulation and accreditation of conformity assessment.

12.2.Verification of measuring and diagnostic instruments, techniques and tools to be used in railway transport shall be regulated by the Law on Metrology.

Article 13.Fund of railway technical documents, norms and standards

13.1.There shall be a fund with the purpose of developing, publishing, and promoting railway technical documents, norms, and standards, and organizing them (hereinafter referred to as "the fund").

13.2.The Fund shall consist of the following sources:

13.2.1.income estimated at 0.4 percent of the budgeted cost of construction, expansion, renovation, and development of drawings of railway basic structure;

13.2.2.revenue from the sale of railway technical documents and norms;

13.2.3.donations for the improvement of railway technical documents, norms and standards.

13.3.The activities of completing and spending sources of the fund of railway technical documents, norms, and standards shall be organized by the State Administrative Body in accordance with the procedure specified in sub-paragraph 11.1.25 of this Law.

Article 14.Special permits of railway

14.1.Railway special permits shall have the following types:

14.1.1.on consulting services for railway basic structure construction, drawings development, technical and technological supervision;

14.1.2.on use of railway basic structure;

14.1.3.on production, assembly and repair of railway basic structure, vehicle and their parts;

14.1.4.engage in railway transporter operation.

14.2.In addition to the documents specified in paragraph 3 of Article 5.1 of the Law on Permits, the applicant for a permit shall submit to the State Central Administrative Body in charge of railway transport matters the documents proving the fulfillment of the conditions and requirements specified in paragraph 14.3 of this Law.

14.3.The conditions and requirements for special permit applicants specified in paragraphs 5.1, 5.4, 5.6, and 5.7 of Article 8.1 of the Law on Permits shall be determined by the Cabinet member in charge of railway transport matters.

14.4.It shall be prohibited to issue the special permit specified in sub-paragraphs 14.1.2 and 14.1.4 of this Law in duplicate to the same legal entity.

CHAPTER FOUR

LAND WITH PURPOSE OF RAILWAY TRANSPORT

Article 15.Land with purpose of railway transport

15.1.The land with purpose of railway transport shall include a special zone, strip area, and protection zone.

15.2.The size of the land specified in paragraph 15.1 of this Law shall be determined by standard.

15.3.Relations in connection with the placement of objects, conducting production and services, and accessing to the land with purpose of railway transport shall be regulated in accordance with the procedure specified in sub-paragraph 11.1.10 of this Law.

Article 16.Special zone for railway

16.1.The special zone for railway shall mean a background area with special signs and markings, where train and rotation movement, loading and unloading operations are carried out.

16.2.It shall be prohibited to carry out activities other than those specified in the procedures specified in sub-paragraph 11.1.10 of this Law in the special zone for railway.

Article 17.Strip area for railway

17.1.The strip area for railway shall mean a place to carry out technological activities along the railway and ensure the safety of transport.

17.2.The strip area for railway shall be a state property.

17.3.It shall be prohibited to engage in production and services other than railway transport activities in the strip area for railway.

Article 18.Protection zone for railway

18.1.There may be a partial protection zone for the purpose of protecting the basic structure of the railway from external negative factors and potential risks, loss of safety of railway transport, and adverse impact on the environment.

Article 19.Railway gauge

19.1.The gauges of the railway network of Mongolia and the railways to be connected to it or to be crossed it shall be the same.

19.2.The issue of transboundary railway gauges shall be resolved in accordance with international treaties and negotiations.

19.3.Except for the cases specified in paragraphs 19.1 and 19.2 of this Law, the State Great Khural shall decide on the issue of railway gauges.

CHAPTER FIVE

RAILWAY NETWORK AND DEVELOPMENT OF BASIC STRUCTURE

Article 20.Railway network

20.1.Railway network shall mean the interconnected basic structures of railways with a unified system of transportation planning and coordination.

20.2.The following requirements shall be met when connecting the railway basic structure:

20.2.1.to be unified and centralized the train movement regulation;

20.2.2.to have unified documents for passenger and cargo transportation;

20.2.3.to have a unified technology and network for electronic information exchange.

20.3.The following factors shall be taken into account in the planning of the railway network:

20.3.1.social, economic and regional development policy of the country;

20.3.2.population settlement, location of cities and settlement areas, future development prospects;

20.3.3.the location and resources of mineral deposits and the possibility of using them;

20.3.4.future prospects of international and border region cooperation;

20.3.5.conditions for tourism development, regional location of tourism sites, reserves, recreation and sanatoriums;

20.3.6.integrated system of energy and communications and their future development prospects;

20.3.7.surface pattern, geographical location, roughness, engineering-geological conditions;

20.3.8.location and future prospects of specially protected areas.

Article 21.Drawings of the railway basic structure

21.1.The drawings of the railway basic structure shall consist of the technical and economic feasibility study for the construction and maintenance of the railway basic structure, geological conclusions, hydrological studies, geodetic measurement reports, archeological and paleontological studies, environmental impact assessment, research, engineering calculations, detailed drawings, budgets, and technical requirements.

21.2.In the event that a foreign legal entity prepares the drawings of the railway basic structure to be built on the territory of Mongolia, it shall be executed jointly with a legal entity with a special permit of Mongolia.

21.3.The drawings of the railway basic structure shall have been verified by the competent authority of Mongolia.

21.4.Relations in connection with the developing railway technical and economic feasibility studies and drawings, making verification, and setting technical and technological control shall be regulated by the procedure specified in sub-paragraph 11.1.6 of this Law.

Article 22.Construction work of the railway basic structure

22.1.The construction work of the railway basic structure shall be carried out by a legal entity with a special permit in accordance with the relevant legislation, railway transport rules and procedures, technical regulations and standards on the basis of the contract concluded with the client.

22.2.The technical and technological control of the construction work of the railway basic structure shall be carried out by the competent professional organization on the basis of concluding a contract with the client.

Article 23.Commissioning of railway basic structure

23.1.Commissioning of railway basic structure shall be regulated in accordance with the procedure specified in sub-paragraph 11.1.5 of this Law.

23.2.The railway basic structure to be commissioned shall fully meet the requirements of relevant laws, railway transport rules and procedures, technical documents, norms, and standards.

23.3.The Client shall appoint a technical commission with the following obligations before the state commission starts working on the railway basic structure:

23.3.1.to check whether it is built and installed according to the approved drawings, budget, and changes made to it;

23.3.2.to check whether it is done according to the performance drawing;

23.3.3.to check and test the basic structure and its parts, complete acts, documents and reports, and draw conclusions.

23.4.The Client shall prepare the following documents for commissioning of the railway basic structure:

23.4.1.performance report of the stage of basic structure construction works;

23.4.2.act of open and hidden construction work;

23.4.3.integrated conclusion on the review of the drawing author;

23.4.4.integrated conclusion of the client's technical inspection;

23.4.5.notes and related information confirming that the connection of the basic structure engineering network has been completed in accordance with the technical conditions;

23.4.6.drawings of the changes with design and structural characteristics made to the basic structure, their author's approval, and verification assessment;

23.4.7.performance drawings of the basic structure;

23.4.8.fulfillment of the technical commission tasks and assignments;

23.4.9.act of assembling the equipment of the basic structure parts, the test document of the equipment certified by the relevant organization, and the test report on whether the equipment is installed according to the instructions;

23.4.10.conclusion of the examination to determine the level of technical use;

23.4.11.other relevant documents.

23.5.The State Central Administrative Body in charge of railway transport matters shall appoint a state commission to accept the basic structure of the railway for permanent use if the documents specified in paragraph 23.4 of this Law meet the requirements.

23.6.Railway basic structure that meets the requirements specified in paragraph 23.2 of this Law may be commissioned partially between stations and junctions.

23.7.The relations in connection with the partial commissioning of the railway basic structure as specified in paragraph 23.6 of this Law shall be regulated by the procedure provided for in sub-paragraph 11.1.5 of this Law.

23.8.It shall be prohibited to transport people and travel by passenger trains on decommissioned railways.

Article 24.Ownership of railway basic structure

24.1.The public railway shall be owned by the state-owned legal entity or a legal entity dominated by state ownership.

24.2.The cross-border railway heading to the State border port shall belong to the public railway, and the owner of this railway shall be one legal entity.

24.3.In the case of construction of railway basic structure by public-private partnership, the period and conditions for transfer of basic structure to state ownership shall be included in the partnership contract, and during the partnership period, the basic structure service provider may operate as a transporter.

24.4.Industrial railways can have any forms of ownership.

Article 25.Services of railway basic structure

25.1.Railway basic structure services shall include the following services:

25.1.1.to provide train movement with dispatcher control;

25.1.2.to change and adjust the railway vehicles;

25.1.3.to make preparations to the railway vehicles /supply of energy, fuel, gasoline, water and gas/;

25.1.4.to carry out technical inspection and maintenance to the railway vehicles;

25.1.5.to monitor dangerous, bulky and protected cargo loading vehicles, heavy and long trains;

25.1.6.to exchange information related to train movement and provide with information thereto;

25.1.7.to provide signaling communications, information, networks and software related to the use of railway transport.

Article 26.Requirements for railway basic structure services

26.1.The following requirements shall be imposed on railway basic structure services:

26.1.1.railway basic structure services shall meet the requirements of railway transport safety, technical documents and standards;

26.1.2.the basic structure service providers shall have concluded a contract that includes the conditions for free access of trains;

26.1.3.the service provider of the railway basic structure and the transporter must have concluded a contract regulating the relations in connection with the provision of services specified in paragraph 25.1 of this Law;

26.1.4.the railway basic structure service provider shall have a train traffic control center;

26.1.5.the railway basic structure service provider shall have a medium-term business plan that includes investment and financing programs for expansion and modernization aimed at increasing the capacity of the respective basic structure.

26.2.The integrated train movement map and integrated technology regime shall be regulated by the procedure specified in sub-paragraph 11.1.9 of this Law.

26.3.The railway basic structure service provider shall provide basic structure services to the public on the basis of a contract based on the principle of equal rights.

26.4.It shall be prohibited to the railway basic structure service provider from unreasonably refusing to provide services, giving preference to others, hindering transportation operations, or restricting competition.

26.5.The railway basic structure service provider and the transporter shall be separate legal entities.

26.6.The model contract specified in sub-paragraph 26.1.2 and 26.1.3 of this Law shall be approved in accordance with the procedure specified in sub-paragraph 11.1.19 of this Law.

Article 27.Rights and obligations of the railway basic structure service provider

27.1.The railway basic structure service provider shall have the following rights:

27.1.1.to provide paid services for railway basic structure;

27.1.2.to approve train traffic maps in their own railway basic structures and to provide proposals on integrated traffic maps;

27.1.3.to refuse to provide basic structure services if the transportation technology, technical specifications and technical conditions of the vehicles of the transporter do not ensure the safety of railway transport and/or exceeded the capacity of the basic structure;

27.1.4.to approve and implement technical and technological rules, procedures and instructions for internal service in accordance with this Law and other related legislation, rules, procedures and standards;

27.1.5.to restrict or temporarily close train traffic for the purpose of updating, repairing, or expanding the its own railway basic structure.

27.2.The railway basic structure service provider shall have the following obligations:

27.2.1.to comply with railway transport and other related legislation, railway transport rules and procedures, technical documents, norms and standards;

27.2.2.to enter into contracts specified in sub-paragraphs 26.1.2 and 26.1.3 of this Law;

27.2.3.to organize the movement of trains in accordance with the integrated map;

27.2.4.to conclude a contract with the owner of the branch lines and organize the rotation movement;

27.2.5.to have professional staff necessary to provide railway basic structure services;

27.2.6.to ensure safety, continuous and normal operation of railway transport;

27.2.7.to submit the necessary information and reports to the competent authorities in accordance with the procedures specified in sub-paragraph 11.1.16 of this Law;

27.2.8.to inform the public in the event that train movement is restricted or temporarily closed in accordance with sub-paragraph 27.1.5 of this Law;

27.2.9.the service provider of industrial railway basic structure shall provide basic structure services to the public on the basis of a contract.

27.3.The railway basic structure service provider shall have a unit authorized to ensure and monitor the implementation of standards and conformity assessment of its products, works and services.

Article 28.Personal file of the railway basic structure

28.1.The railway basic structure shall have a personal file consisting of performance drawings, budgets, acts of open and hidden works of construction, acts, conclusions, and verification conclusions of competent authorities related to documents and qualities of the progress of construction of basic structures, and commissioned documents.

28.2.The owner and possessor of the railway basic structure shall register the personal file of the basic structure in the railway transport statistics and information database.

Article 29.Opening and closing the movement of railway basic structure

29.1.The issue of opening and closing the movement of railway basic structure shall be regulated by the procedure specified in sub-paragraph 11.1.19 of this Law.

29.2.The issue of opening and closing railway routes for international transport shall be carried out in accordance with international treaties and contracts.

Article 30.Production, assembly and repair of railway basic structure and its parts

30.1.Production, assembly, and repair of railway basic structure and its parts shall be performed on the basis of a special permit.

Article 31.Coordination of railway basic structure with other basic structure and facilities

31.1.When constructing or upgrading the railway basic structure, it shall not be crossed at the same level as the auto road or other types of basic structure, nor shall be changed the direction and shape of the existing railway basic structure.

31.2.In case the railway basic structure intersects with the basic structure other than those specified in paragraph 31.1 of this Law, permission shall be obtained from the State administrative body.

31.3.Gas and oil pipelines, engineering networks, auto roads, buildings and facilities to be built on the land with purpose of railway transport shall be coordinated with the planning of the railway network.

31.4.When developing the drawings of the auto roads and other types of basic structures that intersect at different levels with the basic structure of the railway, it shall be consulted with the State administrative body.

Interpretation: "Other types of basic structure" specified in paragraph 31.1 of this Law shall mean subway, tramway, magnetic and similar public transport railways of special designs.

Article 32.Service of branch lines

32.1.Branch line services shall include activities such as loading, unloading, making rotation movement, receiving, issuing, storing, and transferring cargo.

32.2.Relations in connection with the branch line services shall be regulated by the procedures specified in sub-paragraph 11.1.19 of this Law.

32.3.Issues in connection with the connection, expansion, and branching of branch lines shall be resolved by the State administrative body by taking into account of the proposal of the railway basic structure service provider.

32.4.The branch line, its facilities, equipment, loading and unloading tracks and areas shall meet the requirements of train traffic and labor safety, relevant rules and procedures, technical documents, norms and standards of railway transport.

32.5.The relations between the owner of the branch line, the basic structure service provider and transporter shall be regulated by the contract concluded between them.

32.6.The branch lines shall maintain a personal file consisting of technical passports of the line and loading and unloading equipment, performance drawings of intersections along the lines, drawings of artificial devices, conclusions of the competent authorities, documents regarding the acceptance into permanent utilization and the documents on maintenance and service of the operation proceedings.

32.7.It shall be prohibited to the owner of a branch line from unreasonably refusing to provide branch line services to a person or legal entity, obstructing the activities of other branch line owners connected through its branch line or giving priority to them.

CHAPTER SIX

RAILWAY TRANSPORTATION

Article 33.Type of railway transportation

33.1.Railway transportation shall have the following types:

33.1.1.transportation of passengers, luggage and baggage;

33.1.2.cargo transportation;

33.1.3.special transportation.

33.2.The relations on passenger transportation by railway shall be regulated by the rules specified in sub-paragraph 11.1.3 of this Law, the relations on cargo transportation by the rules specified in sub-paragraph 11.1.2 of this Law, and the relations on making special transportation by the procedures specified in sub-paragraph 11.1.22 of this Law, respectively.

Article 34.Requirements for transporters

34.1.The transporter shall meet the following requirements:

34.1.1.to have professional staff necessary for railway transportation activities;

34.1.2.to have a locomotive;

34.1.3.to have a wagon;

34.1.4.to have a branch line;

34.1.5.to have a repair and service center.

34.2.The transporter may implement the provisions specified in sub-paragraph 34.1.2, 34.1.4, and 34.1.5 of this Law through a lease or use contract.

34.3.The transporter shall have a right to use basic structure and railway vehicle and organize transportation according to the contract.

34.4.The transporter shall undertake the duties to enter into a basic structure service contract specified in sub-paragraph 26.1.3 of this Law, to ensure the technical and operational safety of railway vehicles, and not to give preference to individuals and legal entities to prevent unfair competition.

34.5.The transporter shall have a medium-term plan to increase railway freight turnover and economic efficiency.

34.6.The transporter shall have a unit authorized to ensure and monitor the implementation of standards and conformity assessment of its products, works and services.

34.7.It shall be prohibited to the transporter from changing the address without the permission of the sender or receiver during the transportation.

34.8.It shall be prohibited to the transporter from refusing to provide services on grounds other than those specified in this Law and the railway transport rules, procedures, and instructions.

34.9.It shall be prohibited to the transporter from using for transportation the wagons owned or possessed by the individuals and legal entities which are senders of the cargo or receivers of the cargo without their permissions.

Article 35.Compensation for damage caused during transportation

35.1.Compensation for damage caused during railway transportation and related disputes shall be regulated by the Civil Code, railway transport rules and procedures, and the contracts.

Article 36.Establishment of transport act

36.1.In case of cargo shortage, damage or deterioration during transportation, the transporter shall determine the amount of the actual damage in cooperation with the cargo sender and the cargo receiver through the act of transportation.

36.2.Except as specified in paragraph 36.1 of this Law, the transporter may involve a third party in the proceedings of establishing a transportation act.

36.3.The model of the transporter's transportation act and the instructions for its implementation shall be established by the rules specified in sub-paragraphs 11.1.2 and 11.1.3 of this Law.

36.4.The transporter shall issue a transportation act for cargo, baggage and luggage under the following conditions:

36.4.1.if the weight, number of apartments and name specified in the shipping documents are contradicted;

36.4.2.if the cargo, baggage, luggage are damaged, spoiled, ruined;

36.4.3.if undocumented cargo, baggage, and luggage are detected;

36.4.4.if documents of transportation without cargo, baggage or luggage were discovered;

36.4.5.if stolen or missing cargo, baggage, luggage are returned to the transporter;

36.4.6.at the request of the cargo receiver, if the transporter does not place the cargo on the unloading route within 24 hours after issuing the documents for the release of the cargo from the vehicle or container.

Article 37.Special transportation

37.1.Special transportation shall include military and emergency transportation.

37.2.In the event of emergency circumstances specified in the Law on Disaster Protection, the railway transportation activities shall be organized by the decision of the Government and the State Special Commission.

Article 38.Transportation of dangerous cargo

38.1.Preparing, loading, transporting, unloading, transferring and storing activities of dangerous cargo by railway shall be regulated in accordance with the procedure specified in sub-paragraph 11.1.23 of this Law.

38.2.Stations with purposes of loading and unloading of dangerous cargo shall be defined by the State Administrative Body based on the proposal of the soums and district Governor.

38.3.Loading and unloading activities of dangerous cargo shall be carried out in accordance with standard requirements on roads and areas with dedicated equipment.

38.4.It shall be prohibited to passengers from carrying out dangerous cargo on the train.

CHAPTER SEVEN

RAILWAY VEHICLES

Article 39.Requirements for the production, assembly, and repair of vehicle and its parts

39.1.The vehicle shall comply with the railway transport rules and procedures, technical regulations, norms and standards.

39.2.The vehicle shall have been registered in the state register and have received a number and certificate.

39.3.The vehicle shall be fulfilled with the possibility to connect to the technological and traffic control system.

39.4.The vehicle shall be involved in repair and maintenance service within the specified period.

39.5.Production, assembly and repair of vehicle and its parts shall be carried out on the basis of a special permit.

39.6.The competent body specified in paragraph 39.5 of this Law shall provide quality assurance for its repairs and maintenance services performed.

Article 40.Rights and obligations of owner and possessor of vehicle

40.1.The owner or possessor of the vehicle shall have a right to be used the vehicle to the transporter on the basis of the contract and to refuse to provide services if the technology of the transporting work and the technical condition of the railway basic structure adversely affect the technical condition of the vehicle.

40.2.Owner and possessor of vehicles shall be responsible for ensuring the safety of railway transport and for making repair and maintenance service to the vehicles.

40.3.The owner or possessor of vehicle shall have their own or leased branch lines for parking the vehicles.

Article 41.Use of the vehicles

41.1.Relations in connection with the operation and maintenance of vehicles shall be regulated by the procedure specified in sub-paragraph 11.1.11 of this Law.

41.2.It shall be prohibited to change the structure of the vehicles without the permission of the State administrative body.

CHAPTER EIGHT

SAFETY OF RAILWAY TRANSPORT

Article 42.Ensuring the safety of railway transport

42.1.Safety of railway transport shall be aimed at implementing complex activities on ensuring continuous and normal operation of railway transport, creating conditions for safe travel of passengers, safe transportation of cargo, baggage and luggage, and risk prevention.

42.2.The State administrative and railway transport organizations shall organize the implementation of legislation on railway transport, rules and procedures of railway transport, technical documents, norms and standards and ensure the safety of railway transport.

42.3.The railway basic structure service provider shall have ensured the preparedness of machinery, equipment, and material resources with purposes of the prevention of natural disasters and the loss of safety of railway transport, as well as for the reconstruction of the basic structure.

42.4.The railway transport organization and the owner of the branch lines shall quickly implement the immediate reconstruction measures in accordance with the relevant legislation.

42.5.The railway transport organization shall implement internal control to ensure the safety of railway transport.

42.6.The railway transport organization shall organize the following activities to ensure the safety of railway transport:

42.6.1.to create conditions for safe travel for passengers;

42.6.2.to ensure the safety of train traffic;

42.6.3.to transport safely and completely the cargo, baggage, and luggage;

42.6.4.to create safe working conditions for employees of the railway transport organization;

42.6.5.to work without negative impact on the environment.

42.7.Railway basic structure shall be considered as a special object of uninterrupted supply of energy.

Article 43.Safety requirements of railway transport

43.1.Railway basic structure, branch lines, vehicle and technical equipment shall meet the requirements of this Law, railway transport rules, procedures, technical documents, standards, norms, and normative documents.

43.2.It shall be prohibited to use basic structure, branch lines, vehicles and equipment that do not meet the requirements specified in paragraph 43.1 of this Law.

43.3.It shall be prohibited to enter people and equipment through non-designated railway crossings and exit, and to graze animals in strip areas.

43.4.Railway basic structure service providers and branch lines owners shall be responsible for railway crossing safety.

43.5.Special tools and equipment to be used in railway transport shall have the registration, numbers, and controls, and the relations on usage of them shall be regulated by the procedure specified in sub-paragraph 11.1.15 of this Law.

CHAPTER NINE

TARIFFS AND INSURANCE OF RAILWAY TRANSPORT

Article 44.Tariffs of railway transport

44.1.Railway basic structure service providers, transporters, and branch lines owners shall set tariffs according to the methodology specified in sub-paragraph 11.1.20 of this Law.

44.2.It shall be prohibited to the railway transport organization from making changes in transport tariffs without the permission of the State administrative body, except for the cases specified in paragraph 6.1 of the Law on Competition.

44.3.Changes in transport tariffs shall be announced to the public at least 10 days before its start to be implemented.

44.4.It shall be prohibited for the railway transport organization to implement the transport tariffs without officially informing the public on the website, bulletin board, or other means of information.

44.5.A non-vacant Railway Transportation Tariff Council (hereinafter referred to as "Council") with the duty to make conclusions and recommendations on the issue of optimal setting of railway transport tariffs shall operate next to the State administrative body, and the rules of the Council shall be approved by the Cabinet member in charge of railway transport matters.

44.6.The chairman and member of the Council specified in paragraph 44.5 of this Law shall be appointed and dismissed by the head of the State administrative body based on the proposal of the Cabinet member in charge of railway transport matters, and the secretary thereof shall be full-time.

44.7.The council shall be composed of five members, including representatives of the State Central Administrative Body in charge of economy, development, and railway transport matters, and representatives of the Authority for Fair Competition and Consumer Protection, as well as representatives of profit and non-profit legal entities.

Article 45.Insurance of railway transport

45.1.The railway transport organization shall cover the following employees with sudden accident insurance:

45.1.1.directly related to train movement;

45.1.2.works in a dangerous railway zone;

45.1.3.conducts examination and inspection the trains, vehicles and basic structures;

45.1.4.participates in the production, assembly and repair of railway basic structure and vehicle parts, testing and diagnosis of equipment and technical equipment.

45.2.The employer shall bear the insurance costs specified in paragraph 45.1 of this Law.

45.3.Railway basic structure, vehicles, containers, and cargo to be transported by railway may be insured in accordance with the procedures specified in relevant legislation.

CHAPTER TEN

LABOR RELATIONS OF RAILWAY EMPLOYEES

Article 46.Labor relations of employees of railway transport organization

46.1.Employees of the railway transport sector shall be classified as directly or indirectly related to train traffic depending on their works and functions, and the employee's employment relations and conditions shall be regulated in accordance with this Law, the Law on Labor, other laws issued in accordance with them, and the procedures specified in sub-paragraph 11.1.13 of this Law.

46.2.An employee directly related to the movement of trains shall be obliged to undergo a preliminary medical examination when starting work and a periodical examination during the performance of work.

46.3.The employee of the railway transport organization shall use official clothes, which shall be regulated by the procedure specified in sub-paragraph 11.1.18 of this Law.

Article 47.Social guarantee of employees

47.1.If a male employee who has worked for 25 years or more and a female employee who has worked for 20 years or more in a railway transport organization has been established an old-age pension from the railway transport organization, a one-time grant equal to at least 10 months' average salary shall be granted to him/her.

47.2.The employer shall bear the costs related to the social guarantee specified in paragraph 47.1 of this Law, and the issue of proving grants shall be regulated by the railway transport organization in accordance with the internal labor procedures.

47.3.The employer may support the activities on providing specialization and developing professional qualification to the employees of the railway transport organization.

CHAPTER ELEVEN

MISCELLANEOUS

Article 48.Liability to be imposed on the violators of the Law

48.1.If the act of an official who violates this Law does not constitute criminal nature, he/she shall be held liable as provided in the Law on the Civil Service and the Law on Labor.

48.2.An individual or a legal entity who violates this Law shall be subject to the liabilities set forth in Criminal Code or Law on Violations.

Article 49.Entry into force of the Law

49.1.This Law shall enter into force on January 1, 2024.

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