(2023-07-07-ны өдрийн орчуулга)                  Unofficial translation

LAW OF MONGOLIA

July 2, 2015              Ulaanbaatar city

On CHILDCARE SERVICES

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the law

1.1.The purpose of this Law is to regulate relations in connection with organizing child care services in a healthy and safe environment.

Article 2.Legislation on childcare services

2.1.Legislation on childcare services shall comprise of the Constitution of Mongolia, the Law on Children's right, the Law on Child protection, the Law on Preschool education, the Law on Education, the Law on Hygiene, the Law on Food, the Law on Ensuring the Food Safety and other legislative acts issued in conformity with these laws.

/This paragraph was amended by the law of February 5, 2016/

/This paragraph was amended by the law of November 10, 2017/

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

Article 3.Definitions of the terms of the Law

3.1.The terms used in this Law shall be understood as follows:

3.1.1."childcare service" shall mean the activities of caring for, protecting, feeding, playing, and relaxing children of the age stated in Article 5 of this Law in a healthy and safe environment;

3.1.2."a caregiver" shall mean a Mongolian citizen who has been licensed by a competent organization to provide childcare services;

3.1.3."residential childcare services" shall mean caregivers to provide contractual services in the environment stated in paragraph 6.1 of this Law;

3.1.4."mobile childcare services" shall mean caregivers shall go to the environment stated in paragraph 6.1 of this Law and provide contractual services for a specific amount of time in locations other than cities and towns;

3.1.5."childcare service center" shall mean all sorts of apartments, buildings, rooms, and halls that provide normal living conditions for children which have received a permit for providing childcare services from a competent authority.

Article 4.Principles to be adhered to in the childcare service

4.1.The following principles shall be adhered to in childcare service:

4.1.1.lives and health of children shall not be jeopardized;

4.1.2.no adverse effect or consequence on the child's physical, intellectual, mental, relational, and moral growth, maturity, or education;

4.1.3.compatible with the interests of parents, guardians, and children;

4.1.4.child care services, both residential and mobile, should be open and flexible, based on mutual agreement and joint responsibility of caregivers, parents, and guardians;

4.1.5.Residential and mobile child care services, working conditions shall be under the supervision of parents and guardians.

CHAPTER TWO

CHILDCARE SERVICE REQUIREMENTS

Article 5.Participant in childcare services

5.1.Child care services shall be provided to children from the age of two until the beginning of secondary school.

5.2.Children with disabilities shall be enrolled in childcare services regardless of age.

Article 6.General requirements for childcare services

6.1.Childcare services may be provided in the founder's own center, rented center, loan center, or ger, as stated in paragraph 13.1 of this Law.

6.2.The following conditions and requirements shall be met by the center, ger, and outside area where childcare services are organized:

6.2.1.The center, ger, and outside areas shall provide normal environments that do not endanger the life or health of the child, and safeguard the child from any potential adverse effects and actions;

6.2.2.Usage of childcare centers and gers only for childcare purposes;

6.2.3.the center shall provide a space for children to relax, play, and wash their hands, and a toilet and a kitchen;

6.2.4.it shall have a separate kitchen ger when it is held at ger;

6.2.5.it shall be child-safe and fulfill standard hygiene and sanitation standards when using an outdoor toilet;

6.2.6.the heating, lighting, and ventilation of the ger and center shall meet normal living conditions;

6.2.7.it is essential for building a barrier to keep children away from open fireplaces or heating appliances in centers and gers.

6.3.The childcare center is equipped with all of the required equipment, furniture, and tools for taking care of, protecting, feeding, playing, and relaxing children.

6.4.A caregiver shall be a Mongolian citizen between the ages of 18 and 65 who is free of infectious or mental illnesses, is in good health, and has never been involved in a crime,  acquired methodology to interact with young children, with a high school diploma or higher, who is obtained a certificate certifying his/her participation in childcare services special training on the interacting with and caring for young children and disabled children, ensuring children's health and safety, providing proper nutrition, and supporting physical and mental development.

/This paragraph was added according to the law of January 6, 2023/

6.5.The number of children assigned to one caregiver licensed for providing childcare services should not exceed five and shall be established by the government, taking into consideration the age difference of the children.

6.6.Each childcare center shall accommodate a maximum of 15 children.

6.7.The government shall approve uniformed requirements and standards for childcare services.

CHAPTER THREE

ORGANIZATION AND FUNDING OF CHILDCARE SERVICE

Article 7.Organization of childcare services

7.1.The working hours of childcare services correspond to the working hours and service demands of the parents and guardians of the child.

7.2.Childcare services shall be provided in both resident and mobile locations.

7.3.The working hours of childcare services shall be no more than eight hours each day.

7.4.Childcare services include two hot meals in the morning and a day and two tea services before and after midday.

7.5.Childcare meals shall provide the same vital nutrients, calories, and nutritional value as an eight-hour state-owned kindergarten.

7.6.The childcare provider must adhere to a daily schedule and food plan that has been agreed upon with the parents and guardians.

7.7.Childcare services shall record children's attendance on a regular basis.

Article 8.Childcare service prohibitions

8.1.The followings shall be prohibited in childcare services:

8.1.1.leaving a child unattended;

8.1.2.organizing childcare services in gers, residences, and houses where people live;

8.1.3.providing services and activities other than child care facilities and home childcare services;

8.1.4.giving medicine or injection to children without the permission of the doctor or parents;

8.1.5.letting to watch television or play with computers or other devices for more than 60 minutes each day;

8.1.6.conducting religious practices and activities in childcare service;

8.1.7.outsiders other than authorized personnel have access to childcare centers;

8.1.8.to apply disciplinary measures like as physical or mental assault, harassment, or pressure on the child by the caregiver.

Article 9.Childcare service fund support

9.1.The state budget shall cover the cost of food and standard expenditures for each child enrolled in childcare services, and the necessary funds shall be included in the budget portfolio of the government member in charge of child and family development matters.

/This paragraph was amended by the law of November 10, 2017/

/This paragraph was amended by the law of November 12, 2021/

9.2.The Government shall establish a procedure for providing financial assistance for child care services, and shall be reflected in the annual state budget and dispersed to local communities.

9.3.A caregiver shall be paid for childcare services within the limitations stated in paragraph 10.2 of this Law, after consulting with the parents or guardians of the child.

9.4.Parents and guardians shall offer childcare services on the basis of mutual agreement with the caregiver without requiring financial support from the state, provided that the requirements listed in paragraph 6.1 of this Law are met.

CHAPTER FOUR

CHILDCARE SERVICES MANAGEMENT

Article 10.Rights and duties of the state central administrative body

10.1.The policy, planning, financing, management, information, monitoring and control, and coordination of childcare services shall be executed by the state central administrative body in charge of child and family development, and its affiliated agencies and departments.

/This paragraph was amended by the law of November 10, 2017/

/This paragraph was amended by the law of November 12, 2021/

10.2.The member of government in charge of child and family development matters shall establish the procedures for arranging and monitoring childcare services, and the maximum amount of payment to be made by parents and guardians.

/This paragraph was amended by the law of November 10, 2017/

/This paragraph was amended by the law of November 12, 2021/

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

10.3.The state administrative body in charge of child and family development in the aimag and district shall train and issue a certificate to a citizen who submitted a request by completing the documentation and materials stated in paragraph 6.4 of this Law.

/This paragraph was amended by the law of November 10, 2017/

/This paragraph was amended by the law of November 12, 2021/

10.4.The state central administrative body in charge of child and family development matters shall approve the standard educational curriculum for the training of caregivers.

/This paragraph was amended by the law of November 10, 2017/

/This paragraph was amended by the law of November 12, 2021/

CHAPTER FIVE

RIGHTS OF CHILDCARE PARTICIPANTS

Article 11.Rights and duties of parents and guardians

11.1.Parents and guardians shall have the following rights and duties:

11.1.1.to monitor whether a permit has been obtained from the competent authority;

11.1.2.to monitor whether the caregiver has obtained a certification from the competent authority;

11.1.3.to constantly monitor if the requirements for the child's well-being and health are satisfied;

11.1.4.to constantly monitor on meals, food safety, and service quality of the children;

11.1.5.to pay mutually agreed-upon fees;

11.1.6.to be responsible for the hygienic and other items required to the children;

11.1.7.to submit any service-related complaints or suggestions to the competent authority;

11.1.8.to have the child undergo regular health examinations and immunizations at scheduled times.

Article 12.Rights and duties of a caregiver

12.1.The caregiver shall have the following rights and duties:

12.1.1.to be fully responsible for the matters on ensuring that the children's life and health are not jeopardized when serving children, and protecting children from any potentially harmful consequences or activities;

12.1.2.to hold financial records and reports in complying with applicable legislation;

12.1.3.to adhere to applicable legislation in connection with meals, food safety, sanitation, and hygiene requirements in childcare services;

12.1.4.to organize regular medical exams and testing for childcare workers;

12.1.5.to provide conditions to be open for parents and guardians and to control childcare services by them;

12.1.6.to work by entering into an agreement with parents and guardians;

12.1.7.to present to parents and guardians a report on the fulfillment of obligations under the agreement stipulated in sub-paragraph 12.1.6 of this Law, and payment and financing expenditures thereto;

12.1.8.the caregiver shall ensure the child's safety, prepare a food and feed them, maintain hygiene and sanitation safety, assist the child in learning environmental and basic skills, relax and play, inform the parents about the child's health condition and growth, and provide the first aid when necessary.

CHAPTER SIX

GRANTING, EXTENSION, SUSPENSION, AND REVOCATION OF A PERMIT TO ENGAGE CHILDCARE SERVICES

/The title of this chapter was amended by the law of January 6, 2023/

Article 13.Granting, extension, suspension, and revocation of a permit to engage childcare services

/The title of this article was amended by the law of January 6, 2023/

13.1.Childcare services shall be organized by the citizen specified in paragraph 6.4 of this Law.

13.2.Citizens submit a request to the governor of the Bagh and Khoroo to be issued a conclusion on whether the conditions and requirements for receiving and renewing a permit for providing childcare services have been satisfied.

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

13.3.The governor of the Bagh and Khoroo shall review and verify in accordance with the Law on Permits whether the conditions, requirements specified in Article 6 of this Law, and completion of documents have been met or not. The findings, along with the documents, shall be given to the governor of the soum and district three working days after the preliminary inspection is completed. Within five working days, Soum and district governors shall decide whether or not to provide a permit.

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

13.4.When the governor of the Bagh or Khoroo makes a decision according to paragraph 13.3 of this Law, the state administrative body in charge of local child and family development must participate by providing methodological assistance to the Governor.

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

13.5.The relations of extension, suspension, restoration and revocation of childcare service permit shall be governed by the Law on Permits.

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

Article 14.Documents required for obtaining a license

14.1.The following documents shall be provided in order to get a childcare service permit:

14.1.1.application requesting for a permit to provide childcare service;

14.1.2.information on civil registration, a reference on the accommodation owned by the founder, and a reference on the residential address;

14.1.3.contract with the lessor for activities in a rented apartment or ger;

14.1.4.information on a caregiver education diploma and a secondary education certificate;

14.1.5.document certifying that the caregiver is participated in the training and specialization program of the caregivers;

14.1.6.a report of the medical institution that there is no infectious or mental illness.

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

CHAPTER SEVEN

CHILD CARE SERVICES MONITORING

Article 15.Monitoring of childcare services

15.1.Child care services shall be constantly monitored by parents and guardians.

15.2.The state central administrative body in charge of child and family development, state inspectors, and the employee in charge of child and family development shall be in charge of the implementation of this Law.

/This paragraph was amended by the law of November 10, 2017/

/This paragraph was amended by the law of November 12, 2021/

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

CHAPTER EIGHT

MISCELLANEOUS

Article 16.Liabilities for violators of the Law

16.1.An individual or legal entity who has violated this Law shall be imposed liabilities stipulated in the Criminal Code or the Law on Violations.

/This paragraph was modified by the law of December 4, 2015

Article 17.Entry into force of the Law

17.1.This Law shall enter into force on January  1, 2017.

/This article was amended by the law of September 7, 2016/

/This paragraph was amended by the law of November 10, 2016/

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