(2022.08.10-ны өдрийн орчуулга) Unofficial translation

LAW OF MONGOLIA

April 11, 1995                                                                 Ulaanbaatar city

ON NATURAL PLANTS

CHAPTER ONE

GENERAL PROVISIONS

Article 1. Purpose of this Law

The purpose of this Law is to regulate relations related to the protection, proper use and rehabilitation of natural plants other than forest and cultivated plants (hereinafter referred to as "plants").

Article 2. Legislation on Plants

1.The legislation on natural plants shall consist of the Constitution of Mongolia, the Mongolian Law on Environmental Protection, the Law on Genetic Resources, this law and other legislative acts issued in conformity with these laws.

/This article was added by the law of December 30, 2021/

2.If an international treaty to which Mongolia is a party is inconsistent with this law, then the provisions of the international treaty shall prevail.

/This article was amended by the law of December 9, 2010/

Article 21. Definitions

1.The terms contained in the Law shall be understood the following meanings:

1/"natural plant species" refers to any species growing naturally without human intervention;

2/"natural plant resources" means the total population size of the plant species within the distribution area;

3/"natural plant distribution and resource research" means research conducted to determine the size of distribution area and resource of the plant species;

4/"cultivation of natural plants" refers to cultivation and propagation of natural plant species for the purposes of protecting, preserving genetic resources and using as raw materials;

5/"Ecological-economic assessment of plant species" refers to a monetary valuation of unit weight, calculated using a special methodology, considering the habitat of the species and its ecological, economic, legal, and social value;

6/"alien plant" means any non-native plant species that has arrived or been introduced from outside of the state border by human activity intentionally or accidentally.

/This article was added by the law of December 9, 2010/

Article 3. Plant Resources and their Classification

1.Plant Resources shall consist of all species of vascular plants, mosses, algae, lichens, fungi and other microorganisms on the land and in the water in the territory of Mongolia.

2.Considering plant reserves and their restorative capacity, plants are classified as follows:

1/very rare;

2/rare;

3/abundant.

3.Very rare plants include those plants with no natural restorative capacity, a very restricted distribution, no usable reserves, and are in danger of extinction (defined by the Annex to this Law).

4.Rare plants include those plants with limited natural restorative capacity, with a restricted distribution and reserves, and are potentially in danger of extinction. The list of rare plants shall be approved by the Government.

5.Plants exclusive of the plants stipulated in the Paragraphs 3 and 4 of this articles shall be considered abundant.

/This paragraph was amended by the law of January 16, 1997/

Article 4. Plant Protection Management

Plant protection management shall be regulated by the Mongolian Law on Environmental Protection.

Article 5. Plant Reserve Databank

1.The Plant Reserve Databank shall consist of the following indicators:

1/plant distribution and size of reserve and their assessment;

2/collection of plant samples, preparations, and seeds;

3/reports and data on plant research;

4/data on plant monitoring and measurements;

5/data on plant protection, use and restoration measures.

2.The compilation of the Plant Databank shall be regulated by the Mongolian Law on Environmental Protection.

Article 6. Plant Use Fees

1.Where citizens, business entities, and state organizations use plants on State property they must pay a fee pursuant to legislation.

2.The procedures on maximum and minimum fees and the conditions for exemption and discounts shall be determined by Law.

CHAPTER TWO

PLANT PROTECTION AND RESTORATION

Article 7. Plant protection

1. The Governors of Soum and Districts shall, with funding from the state budget, implement the measures on plant protection from fire, diseases, harmful rodents and insects and the negative impacts of human activity. The above-mentioned measures shall also be implemented at their expense by citizens, business entities, and organizations possessing and using land pursuant to contract.

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

2.Such measures as plant cultivation and introduction to protect the gene bank of very rare, endemic, and relict plants shall be performed by the Certified Organizations at the request of the State Administrative Central Organization.

3.Such measures as protection and quarantine of plants from diseases, harmful rodents and insects, and the negative impacts of chemicals and biological substances shall be performed by the Governor of soum and District with local budget funds.

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

4.The usage of chemicals for the protection of plants from diseases, harmful rodents and insects shall be prohibited, except those permitted by the State Administrative Central Organization in charge of nature and environment (hereinafter referred to as "State Administrative Central Organization").

/This paragraph was amended by the law of January 16, 1997/

5.The possession of land containing very rare plants by citizens, business entities and organizations for any purpose, except plant protection and restoration, shall be prohibited.

6.It is prohibited to cultivate alien plants without permission, issued by the State Administrative Central organization.

/This paragraph was added by the law of December 9, 2010/

7.Alien plant species shall be cultivated in a designated, restricted and closed area.

/This paragraph was added by the law of December 9, 2010/

Article 71. Conducting research on plant distribution and resources and estimating ecological-economic assessment

1.Research on the distribution and resource of plant species used for industrial purposes shall be conducted every five years in collaboration with the State Administrative Central organization and relevant scientific organizations.

2.Ecological-economic assessment of a plant species shall be determined by the State Administrative Central organization

3.Expenditures for conducting research on plant distribution and resource as well as ecological-economic assessment shall be financed from the state and local budgets on the basis of proposals, made by the State Administrative Central organization.

/This article was added by the law of April 22, 2022/

4.The State Administrative Central organization shall determine the type and names of plant species that can be collected and upper limit to be harvested for industrial purposes annually.

/This article was added by the law of December 9, 2010/

Article 8. Prohibited Areas for Industrial Use of Plants

1.The use of plants for Industrial purposes, regardless of the quantity of the plant reserve, is prohibited in the following areas which are important for maintaining environmental balance:

1/green zones in cities, villages, and other settled areas;

2/within 2 km from the source of a river or stream and the bank of a lake or pond;

3/very Rare Animal habitat;

4/oasis;

5/areas with degraded plant cover;

6/areas important for protection from sand movement;

7/strip land to protect against soil erosion.

2.Soum and District Citizen's Representatives Khurals shall determine the areas and their boundaries specified in subparagraphs 3, 4, 6, and 7 of paragraph 1 of this Article based on the recommendations of the Certified Organizations and shall monitor its implementation.

/This article was added by the law of April 22, 2022/

3.The area referred to in subparagraphs 1, 2, 3, and 4 of paragraph 1 of this Article may be used as a pasture land.

Article 9. Plant Rehabilitation

Citizens, business entities and organizations shall return land used by them for the Industrial use of plants to Soum and District Governors after rehabilitation of the land or creation of conditions for rehabilitation at their expense according to the appropriate procedure.

CHAPTER THREE

Plant Use

Article 10. Purpose of Plant Use

Citizens, business entities, and organizations may use Very Rare Plants only for research purposes, Rare Plants only for household and research purposes, Abundant Plants for research, household, and Industrial purposes.

Article 11. Plant Use for Research Purposes

1. The State Administrative Central organization shall grant permits to citizens, business entities and organizations to use very rare and endangered plants for research and analysis purposes.

/This part was amended according by the law of December 9, 2010/

2.It is prohibited to use plants collected for research, analysis and household use as raw materials for production and to sell them to others for the purpose of earning income.

/This paragraph was amended by the law of December 9, 2010/

3. Citizens, business entities, and organizations that have received a license to use plants for research, analysis shall be obliged to report their research and analysis reports to register and database of genetic resources and traditional knowledge related to genetic resources, as specified in Article 10 of the Law on Genetic Resources.

/This paragraph was added by the law of December 30, 2021/

Article 12. Plant Use for Household Purposes

Citizens may use Rare Plants for the purposes of providing for family food and other household needs, pursuant to Soum and District Governor permission.

Article 13. Plant Use for Industrial Purposes

1.Citizens, business entities, and organizations may use Abundant Plants for food and technical purposes, as well as for the sale of products derived from plants.

2. Rare and Abundant Plants for the purposes of producing medicine can be used for cultivation by the Domestic business entities and organizations engaged in pharmaceutical production and services.

/This paragraph was amended by the law of December 30, 2022/

3.Permits for the use of Abundant Plants for industrial purposes shall be issued by Soum and District Governors based on the conclusion of province, capital environmental department. Permits for the use of Rare Plants for industrial purposes shall be issued by State Administrative Central Organization in accordance with Article 71.4 of this Law.

/This paragraph was added by the law of December 30, 2021/

/This paragraph was added by the law of December 9, 2010/

4.The plant species shall be cultivated if 50 or more percent of its roots, rhizomes and tubers are used for industrial purposes.

/This paragraph was added by the law of December 9, 2010/

Article 14. Plant Use for Pasture and Hayfields for Feeding Livestock

1.Citizens, business entities, and organizations engaged in livestock activities shall comply with Article 52 and 53 of the Mongolian Law on Land when using plants in pastures and hay fields within the Soum and District territories where they reside.

/This paragraph was amended by the law of December 9, 2010/

2.In order to protect Very Rare Plants, the Soum and District Citizen Representatives Khurals and the Bag and Khoroo Citizen's Public Khurals may prohibit the use of pasture land and hayfields with such plants for a period of up to two (2) years based on the conclusion of professional body.

/This paragraph was amended by the law of December 9, 2010/

3.The measures to distribute and properly manage the carrying capacity of pasture land and hayfield shall be decided by the Soums, District, Bags and Khoroo Governors for the purposes of plant protection and rehabilitation and to meet the necessary conditions for rehabilitation.

/This paragraph was amended by the law of December 30, 2022/

Article 15. Plant Use Permitting Procedures

1.Citizens, business entities and organizations requesting to use plants for industrial purposes shall have an environmental impact assessment at their expense and, after defining the relevant plant reserves, develop and submit proposals to Certified Organizations for review and to the organization or officer authorized to grant permission on plant use which will include the name and parts, purposes, quantity and duration of use for the intend species, as well as the restoration measures.

2.An application and request from citizens, business entities and organizations, including the proposal and conclusions from Certified Organizations concerning such proposal, shall be considered and decided by the authorized organization or officer within 14 days of its receipt.

3.Permits to use plants shall be in the form of a License. It is prohibited to transfer a license to another person.

4.The license shall include the name and address of the citizens, business entities and organizations collecting plants, the species name and parts, the quantity to be collected, duration and location.

5.The Local Ranger shall direct citizens, business entities and organizations with the appropriate license to the licensed area for plant collection and shall be responsible for reporting information of relevant documents in the register and database of genetic resources and traditional knowledge related to genetic resources specified in the Article 10 of the Law on Generic Resources.

/This paragraph was added by the law of December 30, 2021/

Article 16. Plant Collection Procedures, Quantity, and Duration

1.Citizens, business entities and organizations with a license to use plants shall collect plants pursuant to plant collection procedures, permitted quantity and duration.

2.The State Administrative Central Organization shall determine plant collection procedures, quantities, and duration for harvesting and preparing plants and crossing the border based on the recommendations of the Certified Organizations.

/This paragraph was added by the law of December 30, 2021/

Article 17. Plant Export and Plant Collection and Preparation by Foreign Citizens

1.Permits for export plants, herbal decoction, extracts, tinctures crossing the State borders shall be issued by State Administration Central Organization in accordance with the procedure specified in Article 17.2 of the Law on Genetic Resources.

/This paragraph was added by the law of December 30, 2021/

2.Foreign citizens, business entity and organization are prohibited from collecting and preparing natural Plants for any purpose.

/This paragraph was amended by the law of December 9, 2010/

3.It is prohibited to export perennial roots, rhizomes, tubers and seed of plants without any permission of the State Administration Central Organization

/This paragraph was amended by the law of December 30, 2021/

/This paragraph was added by the law of December 9, 2010/

4.It is prohibited to export extremely rare and rare plant species and their parts and derivatives except for research purposes or as a final product.

/This paragraph was added by the law of December 9, 2010/

/These paragraph of Article 7 was omitted by the law of December 30, 2021/

Article 18. Possession and Use of Land for Plant Use Purposes

1.Land may be possessed and used by citizens, business entities, and organizations for a certain period for industrial purposes according to the conditions and procedures set forth in the Mongolian Law on Land, upon entering a contract with Soum and District the Governors based on the recommendations of the State Administrative Central Organization.

2.A land use contract for plant use purposes shall, in addition to Article 34.6 of the Mongolian Law on Land, contain the followings:

/This paragraph was amended by the law of June 7, 2002/

1/name and quantity of the plant to be used in the licensed area;

2/conditions for plant use;

3/rights, duties, and responsibilities of contract parties related to plant use, protection, and rehabilitation.

3.The possessor and user of land for plant use purposes shall assume the obligation to protect and restore the licensed plants and its growing environment, in addition to the rights and obligations set forth in the Article 35 of the Mongolian Law on Land.

/This paragraph was amended by the law of June 7, 2002/

4.Citizens, business entities, and organizations possessing and using land pursuant to contract for purposes other than plant use may use plants growing on their land with the appropriate permit. If a fee shall be paid for using plants for industrial purposes and a fee will not be required for household plant use.

Article 19. Plant User Obligations

Plant user shall have the following obligations:

1/comply with the plant legislation;

2/follow the procedures on plant collection and restoration;

3/collect plants according to the quantity and duration permitted by procedure and license;

4/collect a year-old plant after the grains have ripened;

5/use plants for industrial purposes, after having an environmental impact assessment conducted and determining the amount of plant reserved at their expense, as well as restore plants or create conditions for their restoration;

6/comply with the conditions and procedures specified in the land possession and use contract for plant use purposes.

7/register in the registration and database of genetic resources and traditional knowledge related to genetic resources specified in Article 10 of the Law on Genetic Resources.   

/This paragraph was added by the law of December 30, 2021/

CHAPTER FOUR

Miscellaneous

Article 20. Plant with Narcotic Drugs

1.The list of plants with narcotic drugs shall be approved jointly by State Administrative Central Organizations in charge of nature and environment and health issues.

2.A permit for the preparation of drugs using plants with narcotic drugs shall, based on the conclusion of professional body, be issued to business entities and organizations by the State Administrative Central Organization in charge of health issues. Those business entities and organizations shall be registered in a special registration.

/This paragraph was added by the law of December 9, 2010/

3.Collection, cultivation and use of plant with narcotic drugs by citizens, business entities, and organizations, except those business entities and organizations referred to paragraph 2 of this Article, shall be prohibited.

Article 21. Responsibilities on breaches of the Law

1. If an action of state official, breached this law, does not have a nature of crime, responsibility shall be imposed in accordance with the Law on Public Service.

2. Citizens or business entities, who breached this law, shall be charged with responsibility in accordance with the Law on Infringement.

/This article was revised by the Amendment law made on 4 December 2015/

Article 22. Effective Date of this Law

This law shall be effective from June 5, 1995.

   SPEAKER OF THE STATE GREAT KHURAL OF MONGOLIA          N.BAGABANDI