Англи хэлний хичээл

CHAPTER ONE
General provisions

Article 1. The objective of the law

1.1 The objective of this law is to create the legal framework for types, forms, scope, and financing of the employment promotion activities as well as employment offices and to regulate the relations on their implementation.

Article 2. Employment promotion legislation

2.1 Employment promotion legislation shall consist of the Constitution of Mongolia , the Labour Law , the Social Insurance Act , this law and other legal acts issued in consistence with them.

2.2 If international treaty to which Mongolia is party stipulates otherwise than in this law, the provisions of the international treaties shall override.

Article 3. Legal terminology

3.1 For the purpose of this law-

3.1.1 the term "an unemployed citizen" means working age, able bodied citizen, ready to accept employment, actively looking for a job and registered in employment office;
3.1.2 the term "job seeker" means currently employed citizen, registered in employment office willing to change occupation or able to do overtime work or be engaged in contract work;
3.1.3 the term "citizen actively looking for a job" means a citizen who upon registration in employment office not less than once in month notified the employment office about looking for a job;
3.1.4 the term "citizen threatened by unemployment" means a citizen received notice about termination of employment contract, has no permanent income and registered in employment office;
3.1.5 the term "job mediation" means proposing to the citizen, willing to take employment, the workplace consistent with his/her interest and vocational skills and helping the employers to find the employees satisfying their needs and requirements.

Article 4. The Government policy on employment promotion

4.1 The Government shall implement the following policy in the field of employment promotion:

4.1.1 creation of opportunities for the employment of population;

4.1.2 linking the investment policy with employment promotion measures;

4.1.3 regulation of labour force demand and supply;

4.1.4 development of the labour force in consistence with market demand;

4.1.5 improving the information and statistics on employment of population;

4.1.6 expanding the scope of citizens covered by unemployment insurance and protecting every citizen from coming unemployed

4.2 Below mentioned principles shall be followed in implementation of the employment promotion policy:

4.2.1 non discrimination of citizens involved in employment promotion activities by nationality, ethnic origin, language, race, age, sex, financial status, education, social origin and status, religion, political opinions;

4.2.2 creation of favourable conditions for equal and accessible employment promotion activities, open and transparent information on job vacancies;

4.2.3 citizens shall be voluntarily involved in employment promotion activities.

Article 5. Types and forms of the employment promotion activities

5.1 The employment promotion activities shall be of following types:

5.1.1 the employment promotion services;

5.1.2 the employment promotion measures;

5.1.3 payment of unemployment benefit.

5.2 The employment promotion services shall be implemented in following forms:

5.2.1 the occupational and vocational orientation, counseling and information;

5.2.2 job mediation;

5.2.3 vocational training and retraining;

5.2.4 other services stipulated in the legislation.

5.3 The employment promotion measures shall be implemented in following forms:

5.3.1 promotion of self employed as well as citizens willing to run businesses in forms of partnership or cooperatives;

5.3.2 support to employers;

5.3.3 organization of public works;

5.3.4 other measures stipulated in the legislation.

5.4 Entitlement to and procedures of payment of unemployment benefit shall be defined by the Law on Payment of unemployment benefit from Social Insurance Fund .

Article 6. Scope of the employment promotion activities

6.1 Unemployed citizens, job seekers and people threatened by unemployment, employers, initiators or implementers of employment promotion programmes or projects subject to the labour market relations shall be covered by the employment promotion activities.

Top

CHAPTER TWO
The employment promotion services

Article 7. Occupational and vocational orientation, counseling and information.

7.1 Local employment offices shall counsel the citizens on conditions and opportunities of occupational and vocational choice, vocational orientation and retraining as well as provide them with necessary labour market information.

7.2 Services mentioned in provision 7.1 of this law shall be free of charge.

7.3 Occupational and vocational orientation, counseling and information shall be organized on individual or group basis.

Article 8. Job mediation.

8.1 Unemployed citizen willing to take up the employment, job seekers and citizens threatened by unemployment shall be registered in local employment offices and placed in jobs basing on employer's demand and request.

8.2 Private or non-government job mediation offices could render job mediation services. The employment offices shall provide them with necessary labour market information.

8.3 In case of job mediation, the information on job vacancies and its requirements should be transparent.

8.4 Public job mediation services shall be free of charge.

Article 9. Vocational training and retraining

9.1 Employment offices, in cooperation with authorized vocational training institutions or employers, shall involve in vocational training and retraining the following citizens willing to be covered by such training:

9.1.1 unskilled or low skilled unemployed citizen who belong to vulnerable group of population;

9.1.2 unemployed or citizen threatened by unemployment in need to change the occupation due to lack of job vacancies consistent with his/her occupational skills;

9.1.3 job seeker or citizens threatened by unemployment willing to change the occupation due tohaving been imposed to the industrial accident, acute poisoning or occupational disease;

9.1.4 citizens threatened by unemployment or became unemployed before entitlement to old age pension due to specifics of the profession;

9.1.5 not employed or not studying graduates of basic or complete secondary schools or youth demobilized from the military service.

9.2 Citizens willing to be self-employed, could be involved in entrepreneurial skills training.

9.3 Citizens mentioned in provision 9.1 of this law could be involved in vocational training or retraining second time upon passing two years after first training.

9.4 Cost of training mentioned in provisions 9.1, 9.2 of this law shall be financed from the Employment Promotion Fund basing on contract concluded between employment office, training institution and employers in amount defined by the Government per trainee.

Top

CHAPTER THREE
The employment promotion measures

Article 10. Promotion of self employed or citizens running business in forms of partnership or cooperatives.

10.1 Measures on promotion of self employed or citizens running business in forms of partnership or cooperatives shall be aimed at creation of employment opportunities for citizens interested in establishing small enterprises, family businesses or in implementation of micro credit projects.

10.2 Self employed or citizens running business in forms of partnership or cooperatives shall be supported as follows:

10.2.1 Granting small loans from the Employment Promotion Fund conditional to be repaid for purpose of purchasing the raw materials, tools or other required investment.

10.3 Procedures for granting of the small loans from the Employment Promotion Fund shall be defined by the Government.

Article 11. Support to employers.

11.1 Basing on recommendation of relevant tax and social insurance authorities, the employer, who hired and provided the unemployed citizens, being without job for more than 1 year and registered in employment office, with sustainable employment for more than 6 months duration, shall receive from the Employment Promotion Fund wage subsidy in amount equal to 60 per cent of total wage paid to that employees during first 6 months of their employment.

11.2 The employers, who trained the unemployed citizen at their enterprises, basing on contract with employment office and provided them with job places for period longer than 3 months, shall receive reimbursement of training cost in amount stipulated in provision 9.4 of this law from the Employment Promotion Fund, upon presenting the documents verifying the involvement in training or acquisition of professional skills.

11.3 Cost per trainee referred in provision 9.4 of this law and 40 per cent of employee's 3 months total wage shall be reimbursed from the Employment Promotion Fund to the employers who retrained the citizens threatened by unemployment and retained their job place.

Article 12. Public works

12.1 Public works shall be aimed at mass involvement of not employed citizens in labour extensive works, which does not require any vocational skills.

12.2 The local Governors Chancellery with involvement of Employment Office shall organize public works.

12.3 In case of need local employers could initiate the public works. The employer intending to organize the public works should conclude the contract with Employment Office.

12.4 Business entity or institution organizing public works should conclude labour contract with citizens involved in these works.

12.5 The Government shall define procedures on organization of public works.

Top

CHAPTER FOUR
The Employment Promotion Fund

Article 13. The Employment Promotion Fund

13.1 Resources for employment promotion activities shall be financed from the Employment Promotion Fund.

13.2 The Government shall define procedures on fund rising, expenditure and monitoring the Employment Promotion Fund.

Article 14. Income resources for the Employment Promotion Fund

14.1 The Employment Promotion Fund shall be financed from following sources:

14.1.1 funds allocated from the state budget;

14.1.2 funds allocated from the local budget;

14.1.3 funds should to be spent from unemployment insurance contribution income as referred in provisions of the laws;

14.1.4 interest on bank deposit of fund means;

14.1.5 loans granted from foreign countries or international institutions with purpose of employment promotion;

14.1.6 donations and assistance granted to the Employment Promotion Fund from foreign countries, international institutions, foreign or national enterprises, organizations, NGO-s or individuals;

14.1.7 other resources.

14.2 The activities on generation of unemployment insurance contribution income. shall be regulated by the law.

Article 15. Expenditure of the Employment Promotion Fund

15.1 Means of the Employment Promotion Fund shall be allocated and used in a following way:

15.1.1 funds allocated to the Employment Promotion Fund from the state budget shall be used for the purpose of

a/ vocational orientation, counseling and information,
b/ job mediation,
c/ training or retraining of citizens not covered with unemployment insurance,
d/ entrepreneurial skills training for self employed citizens
e/ organization of public works,
f/ support the citizens engaged in self employment or running business in forms of partnership or cooperatives.

15.1.2 means allocated from the unemployment insurance contribution income should be spent as referred in Law on Payment of unemployment benefit from the Social Insurance Fund;

15.1.3 expenses for other employment promotion measures should be financed from sources referred in provisions 14.1.5, 14.1.6, 14.1.7 of this law.

15.2 It is not allowed to use the means of the Employment Promotion Fund for purposes other than employment promotion activities.

Article 16. Revenue and expenditure budget of the Employment Promotion Fund.

16.1 Amount of funds to be allocated annually in the Employment Promotion Fund from the state budget should not be less than 0,3 per cent of state budget revenue.

16.2 Basing on the Government proposals, the State Ikh Khural should include into state budget and approve the amount of finances to be allocated in Employment Promotion Fund from the state budget, taking into consideration the unemployment rate, inflation and labour force participation rate.

16.3 Amount of funds to be allocated in the Employment Promotion Fund from the local budget shall be included in annual local budget and approved by the aimag, capital city, district citizens Representatives Khural.

16.4 Central public administration authority responsible for labour issues, basing on proposals of the Central Employment Office, shall approve annual revenue and expenditure budget of the Employment Promotion Fund.

Article 17. Balance sheet of the Fund

17.1 Revenue and expenditure report of the Employment Promotion Fund shall be submitted according to below mentioned schedule:

17.1.1 quarterly report shall be submitted from the district employment office to the capital city and by the sum officer in charge of labour issues to the aimag employment office within 5th of fist month of the following quarter, aimag, capital city employment office shall submit the report to the Central Employment Office within 15th of fist month of the following quarter.

17.1.2 The Central Employment Office shall submit the aggregated quarterly report within 5th of second month of the following quarter and annual report within 15 February of the next year to the central public administration responsible for financial issues, to the National Employment Council and, according to the provisions of the Social Insurance Act, to the central social insurance authority.

Article 18. Registration and report forms of the Employment Promotion Fund.

18.1 Registration and report forms of the Employment Promotion Fund shall be approved by the Cabinet members responsible for finance and labour issues.

Top

CHAPTER FIVE
Management and organization of the employment promotion activities

Article 19. Organization of the employment administration.

19.1 The employment administration shall be organized as referred in Article 137 of the Labour Law.

Article 20. The National Employment Council

20.1 The National Employment Council /part time/ consisting of the representatives of the Government and national organizations representing rights and legal interests of the employers and workers should be established.

20.2 Each part shall have equal number of representatives in the National Council.

20.3 The Government, in consensus with employers and workers organizations, shall approve statutes of the National Council.

20.4 Composition of the National Council shall be approved by the Prime Minister for 4 years term, basing on proposals made by parties. The Cabinet member responsible for labour issued will chair the council. The National Council shall have following composition:

20.4.1 each one member from the public administration responsible for labour, finance and education issues, representing the Government;

20.4.2 three members from trade union which represents and protects the rights and legal interests of majority of workers at the national level;

20.4.3 three members from employers organization which represents and protects the rights and legal interests of majority of employers at the national level.

20.5 The Vice Chairman shall be approved upon consultation between parties by the majority votes of the members present at the councils' meeting. The Director and staff of employment offices not allowed to be a member of the National Council.

20.6 The National Council shall have following competencies:

20.6.1 to discuss, make conclusions and proposals on reports and information submitted by the employment administration concerning the employment promotion activities and, in case of need, to submit some issues to relevant institutions for decision making;

20.6.2 to monitor the observance of the legislation concerning the employment and the income and expenditure of the Employment Promotion Fund;

20.6.3 to discuss and make conclusions and proposals on semi annual or annual budget reports of the Employment Promotion Fund;

20.6.4 to issue recommendations on matters concerning the employment.

20.7 Members of the National Council could be rewarded on the quarterly basis depending on their contribution to the activities of the Council. The amount of the reward should be defined by the public administration institution responsible for labour issues.

Article 21. The employment offices.

21.1 The Central Employment office is public administration institution responsible for nationwide implementation of the Government's employment promotion and labour market policy.

21.2 The Director of the Central Employment Office shall be appointed by the Prime Minister basing on nomination proposed by the Cabinet member in charge of labour issues, and the Director of the local Employment Offices shall be appointed by the local Governor in consultation with the Director of the Central Employment Office.

21.3 The Central Employment Office shall be financed from the state budget, the local employment offices shall be financed from the local budget.

21.4 The Central Employment Office shall have following functions:

21.4.1 to ensure nationwide observance of the legislation concerning the employment, to plan the labour market demand and supply and define its trends;

21.4.2 to reduce unemployment through implementation of the labour market policy and labour force development;

21.4.3 to conduct survey and research on employment situation, to set up the labour market information system;

21.4.4 to allocate the Employment Promotion Fund finances according to the approved budged, spend them, monitor and report about their utilization;

21.4.5 to provide the local employment offices with professional and methodological guidance and to coordinate their activities;

21.5 The Central Employment Office shall have following rights:

21.5.1 to submit for decision making the proposals on improving the unemployment insurance and employment promotion legislation;

21.5.2 to apply to the relevant institutions for decision making about the cases of misuse of Employment Promotion Fund means by the business entities, organizations or individuals;

21.5.3 to study and resolve the citizens' grievance concerning the benefits to be paid from the unemployment insurance fund;

21.5.4 to obtain free of charge the necessary data, reports, estimates and survey on employment issues from the public institutions, NGO-s, as well as business entities, organizations or officials without distinction by type of ownership.

21.6 The local employment offices shall have the functions referred in this law.

21.7 The Director of the Central Employment Office shall approve the statutes of the local employment offices.

Article 22. Citizens' and employers' involvement in employment promotion activities.

22.1 Unemployed citizen or job seeker should personally inform the local employment office about their will to find a job consistent with their vocational skills and have the right of making a choice from the services and measures proposed by this office.

22.2 In case of mass lay off of workers due to conditions referred in provision 40.5 of the Labour Law, the employer should inform about it the local employment office one month in advance.

22.3 The employer should inform the employment office every month about labour force need, job vacancies and information about hired or dismissed citizens.

22.4 If employer hired the citizen according to their job offer, he/she should inform the local employment office within 5 working days following the date of official decision.

Article 23. Control over observance of the employment promotion legislation.

23.1 Control over observance of the employment promotion legislation shall be implemented by below mentioned institutions or officials:

23.1.1 State control shall be implemented by the State Ikh Khural, the Government, all level Governors as well as by the institutions or officials authorized to implement state control within their competencies.

23.1.2 At the local level control shall be implemented by the aimag, capital city, sum or district Governors and their inspection agengies.

Top

CHAPTER SIX
Miscellaneous

Article 24. Sanctions to be imposed for violation of the legislation

24.1 If violation of the employment promotion legislation is not subject to the criminal procedures, following administrative sanctions to be imposed by the state labour inspector or judge:

24.1.1 officials violated the provision 4.2.1 of this law shall be fined by 5000-25000 tugrugs and business entities or organisations by 50000-100000 tugrugs;

24.1.2 in case of misuse or illegal use of the Employment Promotion funds' means guilty officials shall be fined by 25000-50000 tugrugs, business entities or organisations by 50000-250000 tugrugs and loss should be reimbursed by the guilty subject;

24.1.3 the officials did not fulfilled the duties referred in provision 22.2 of this law shall be fined by 5000-25000 tugrugs and business entities or organisations by 50000-150000 tugrugs;

Article 25. Enforcement of the law

25.1 This law shall came into force on 1 June 2001.

The Vice Chairman of State Ikh Khural J. Byambadorj

The copy is valid. First deputy secretary of the Chancellery J. Narantuya

LAW OF MONGOLIA ON

RADIATION PROTECTION AND SAFETY

Chapter One

General Provisions

Article I Purpose of the law

1.1.The purpose of this law is to specify basic requirements for the healthy environment and protection ofpopulation in current and future generations against exposure or potential exposure to radiation and for safety of radiation sources.

1.2. This law shall apply to all activities associated with mining and processing of radioactive ores in the territory of Mongolia

Article 2. Radiation safety legislation of Mongolia

2.1.The radiation safety legislation is comprised of the Constitution of Mongolia; this law,

and other relevant legislation which is consistent with those laws.

2.2.If an international treaty to which Mongolia is a party is inconsistent with this law, then

the provisions of the international treaty shall prevail.

Article 3.Definitions

In this law the following terms shall have the following meanings:

3.1.1.Ionising radiation

For the purposes of radiation protection, radiation capable of producing ion pairs in biological materials

3.1.2.Licensee

The holder of current license granted for a practice or source who has recognized rights and duties for the practice or source, particularly in relation to protection and safety.

3.1.3.Occupational exposure

All exposures of workers incurred in the course of their work, with the exception of exposure excluded from the Standards and exposure from practices or sources exempted by the standards.

3.1.4.Practice

Any human activity that introduces additional sources of exposure or exposure pathways or extends exposure to additional people or modifies the network of exposure pathways from existing sources, so as to increase the exposure or the likelihood of exposure of people or the number of people exposed

3.1.5. Dose

A measure of the radiation received or 'absorbed' by a target. The quantities termed absorbed dose, organ dose, equivalent dose, effective dose, committed equivalent dose or committed effective dose are used, depending on the context. The modifying terms are often omitted when they are not necessary for defining the quantity of interest.

3.1.6. Dose limit

The value of the effective dose or the equivalent dose to individuals from controlled practices that shall not be exceeded.

3.1.7. Exposure

The act or condition of being subject to irradiation. Exposure can be either external exposure (irradiation by sources outside the body) or internal exposure (irradiation by sources inside the body). Exposure can be classified as either normal exposure or potential exposure; either occupational, medical or public exposure; and, in intervention situations, either emergency exposure or chronic exposure. The term exposure is also used in radio dosimetry to express the amount of ionization produced in air by ionising radiation (see Average mammary glandular dose).

3.1.8. Radioactive waste

Material, whatever its physical form, remaining from practices or interventions and for which no further use is foreseen (i) that contains or is contaminated with radioactive substances and has an activity or activity concentration higher than the level from regulatory requirements, and (ii) exposure to which is not excluded from the Standards.

3.1.9.Radioactive ore

Mineral resource, ore containing natural radioactive isotopes or decay products from uranium or thorium decay chain.

3.1.10. Source

Anything that may cause radiation exposure, such as by emitting ionizing radiation or releasing radioactive substances or materials. For example, materials emitting radon are sources in the environment, a sterilization gamma irradiation unit is a source for the practice of radiation preservation of food, an X ray unit may be a source for the practice of radiodiagnosis, and a nuclear power plant is a source for the practice of generating electricity by nuclear power. A complex or multiple installation situated at one location or site may, as appropriate, be considered a single source for the purposes of application of the Standards.

3.1.11. Registration

A form of authorization for practices of low or moderate risks whereby the legal person responsible for the practice has, as appropriate, prepared and submitted a safety assessment of the facilities and equipment to the Regulatory Authority. The practice or use is authorized with conditions or limitations as appropriate. The requirements for safety assessment and the conditions or limitations applied to the practice should be less severe than those for licensing.

3.1.12. Authorization

A permission granted in a document by the Regulatory Authority to a legal person who has submitted an application to carry out a practice or any other action described in the General Obligations for practices of the Standards (see paras 2.7 and 2.. The authorization can take the form of a registration or a licence.

3.1.13. Licence

An authorization granted by the Regulatory Authority on the basis of a safety assessment and accompanied by specific requirements and conditions to be complied with by the licensee.

3.1.14. Protection and safety

The protection of people against exposure to ionizing radiation or radioactive substances and the safety of radiation sources, including the means for achieving such protection and safety, such as the various procedures and devices for keeping people's doses and risks as low as can reasonably be achieved and below prescribed dose constraints, as well as the means for preventing accidents and for mitigating the consequences of accidents should they occur.

3.1.15. Sponsoring Organizations

International organisations, Mongolian or foreign companies who are sponsoring the activities

3.1.16. Medical exposure

Exposure incurred by patients as part of their own medical or dental diagnosis or treatment; by persons, other than those occupationally exposed, knowingly while voluntarily helping in the support and comfort of patients; and by volunteers in a programme of biomedical research involving their exposure.

Article 4. Radiation protection principles of practices

4.1.The radiation protection principles of practices are follows:

4.1.1.No practice of source within a practice shall be authorized unless it is deemed by the regulatory authority to be justified, i.e. likely to produce sufficient benefit to exposed individuals or to society to offset the radiation harm that it might cause; taking into account social, economic and other relevant factors.

4.1.2.The risk to benefit ratio must be optimised

4.1.3.The normal exposure of individuals shall be restricted so that neither the total effective dose nor the total equivalent dose to organs or tissues, caused by the possible combination of exposures from authorised practices, exceeds any relevant dose limit

Chapter two

Regulatory control and management system

Article 5. Management system for radiation protection

5.1. The management system of activities for providing radiation safety in Mongolia consists the activities from the National Security Board under the President, The Government of Mongolia, Atomic Energy Agency, Regulatory Authority, Radiation Safety Board and other legal parts from users.

Article 6. National Security Board

6.1.The plenary rights of National Security Board regarding radiation protection and safety as follows:

6.1.1.To carry out recommendations to the Government or other relevant organisations for providing radiological safety and protection of people and environment against ionizing radiation.

6.1.2.Other rights specified in relevant Laws of Mongolia

Article 7. The Government

7.1.The plenary rights of Government concerning with the radiation safety are following:

7.1.1.Implementation of state policy on radiation safety and providing of implementation of radiation safety legislation

7.1.2.The resources for personnel salaries, equipment acquisition and maintenance, headquarters and inspection operation costs necessary for the Atomic Energy Agency to discharge it’s responsibilities shall be provided through the National budget and reviewed annually.

7.1.3.Adoption of the regulations of activities for Atomic Energy Agency and Regulatory Authority.

7.1.4.Other rights specified in relevant Laws of Mongolia.

Article 8. Governor of districts and city

8.1.The plenary rights of local Governors are:

8.1.1.Organisation of activities for providing of implementation of radiation safety requirements specified in law, regulations or standards in the district scale.

8.1.2.Other rights specified in relevant Laws of Mongolia

Article 9. Atomic Energy Agency

9.1.The Atomic Energy Agency (hereafter referred to as Agency) is a state administrative central organisation of the Government for coordination of all the activities of Government policy and regulatory control in the field ofdeveloping of nuclear technology, providing a radiation protection and safety and the activities related with the mining or treatment of radioactive ore.

9.2.The Agency shall has two main departments as follows:

a.Radiation safety department including Mongolian regulatory authority and radiation protection service

b.Technology department 

9.3.The Agency should report to the Minister of science, technology and education

9.4.The chairman and vice-chairman of the Agency, who are to be a professional and is to sustain the Agency as a Regulatory Authority.

9.5.Chairman of the Agency shall be appointed by the Government. The chairman should appoint the vice chairman considering his experience and knowledge in radiation protection and nuclear technology.

Article 10. The plenary rights of the Agency

10.1.The plenary rights of the Agency shall be:

10.1.1.To provide policy advice to the Government on issues relating to developing of nuclear technology, providing of radiation protection and safety, regulations of activities associated with the mining or process of radioactive ore

10.1.2.To administer the radiation safety law, regulations, standards and Government decisions regarding radiation protection

10.1.3.To adopt or revise of radiation safety standards, codes of practice sand to control of their implementation

10.1.4.To implement of international conventions and treaties relating to radiation safety and radiation protection, including the transport and disposal of radioactive sources and materials

10.1.5.To carry out environmental radiation impact assessments and to determine an radiation level of natural radioactivity distribution in the mineral resources 

10.1.6.To coordinate the activities of cooperation with the international or foreign organisations in the field of radiation protection and mining or processing of radioactive ore. 

10.1.7.Prepare a qualified experts on radiation protection and nuclear technology at national level, and training for users of sources

10.1.8.To establish a nuclear technology and information database and to organise conference, seminars and workshops

10.1.9.Other rights specified in other relevant Laws of Mongolia

Article 11. Financing

11.1.The Agency shall financed by from following sources:

11.1.1.Government annual budget

11.1.2.Income from the radiation protection service

11.1.3.Other incomes

Article 12. Annual report of the Agency to the Government

12.1.Not later than 31 December in each year, the vice chairman of the Agency is to prepare and forward to the Minister a report of its work and activities for the 12 months in that year.

12.2.The Minister is required to lay the report as soon as practicable after receiving the report to the Government.

Article 13. Radiation Safety Board

13.1.There is constituted by this law Radiation Safety Board (hereinafter referred to as Board) under the Agency is responsible for preparation of the Government policy on nuclear technology and radiation safety, implementation of the Government policy into practice and preparation of the radiation safety recommendations.

13.2.Chairman of the Agency , who is to be the chairperson of the Board

13.3.The Board is to consist of members appointed by the chairman, being representatives of the regulatory authority, users of sources and legal organisations considering their experience and qualification.

13.4.Structure and functions of the activities for the Board shall adopt by the Agency.

Article 14. Radiation safety department

14.1. Radiation Safety Department 

14.1.Radiation safety department has a Mongolian Regulatory Authority( hereinafter referred to as “regulatory authority”) and radiation protection service.

14.2.The regulatory authority is to be kept independent within the Agency. 

14.3.The chairman of the regulatory authority shall be appointed considering his experience and knowledge in radiation protection and inspection.

Article 15. Functions of the regulatory authority

15.1.Functions of the regulatory authority as follows:

15.1.1.Control activities on implementation of legislation on radiation safety and international conventions or contracts in this field

15.1.2.Evaluation of applications for authorization of practice

15.1.3.Granting an authorization of practice

15.1.4.Inspection on radiation safety and produce a statement, notice or records

15.1.5.Working out or preparation for adoption the radiation safety regulations, standards or codes of practice

15.1.6.Establishment of state register of radioactive substances or radiation generating equipments (hereinafter referred to as “radiation source”) and database;

15.1.7.to take preventative measures of radiation accident or incident and upgrading an emergency planning and working activities in emergency situations

15.1.8.exchange information on radiation protection and safety and providing this information to the public

15.1.9.carry out training of users for improving their knowledge and skills of those handling of radiation sources or organising a workshop on radiation protection

Article 16. Functions and powers of state inspector on radiation safety

16.1.The state inspector on radiation safety (hereinafter referred to as inspector), who has the qualifications determined as appropriate by the Agency shall be carry out inspection.

16.2.Chairman of the Regulatory authority , who is to be the State General Inspector on radiation safety.

16.3.State General, chief inspector or state inspectors are appointed by the Minister of Science, technology and education.

16.4.Functions and powers of inspectors are following:

16.4.1.To exercise any function or right of a state inspectors under other relevant laws of Mongolia

16.4.2.Make such examination and inquiry and such tests as the inspector considers necessary to ascertain whether the provisions of this law or the regulations are being or have been complied with;

16.4.3.Take without payment, for the purpose of examination or testing the all the required information or reference materials from users

16.4.4.The inspector may serve a notice on a person if the inspector believes on reasonable grounds that

any requirement under this law; the regulations or the conditions of a license or registration is not being complied with and the person is responsible for complying with it; or the person is responsible for any unnecessary exposure to or contamination by radiation.

16.4.5.The inspector shall be impose an appropriate administrative penalties, if violation of the legislation on radiation safety is not subject to the criminal Code;

16.4.6.The inspector may stop or temporary stop the activities of users, if violation of the safety requirements under this law or regulations

16.4.7.The inspector may appoint investigators, if required , agreed with their organisations

16.4.8.Take preventative measures for avoid from violation of radiation safety legislation

16.4.9.Use of any equipments or instruments which required in the inspection.

16.4.10.An inspector may enter premises for inspection or examination

16.4.11.Advertising or introducing of this law, regulations and safety standards

16.4.12.To search an reason of incidents or offences against this law or regulation, to produce a statement

Article 17. Obstruction of inspector

17.1. A person must not assault, threaten, hinder or obstruct an inspector when the inspector is exercising any function of an inspector under this law; or

17.2. A person must not fail to comply with a requirement made by an inspector under the authority

of this law.

Article 18. Department of nuclear technology

18.1.The department of nuclear technology (hereinafter referred to as Technology department) is responsible for the policy advices for developing of nuclear technology and upgrading of radiation safety

Article 19. Functions of technology department

19.1Functions of the technology department as follows:

19.1.1.To work out a Government policy on developing of nuclear technology, safety and exploration of radioactive ore

19.1.2.To provide an implementation of law and regulations in the field of radiation protection.

19.1.3.To implement international convention or contracts in this field

19.1.4.To organise the activities in environmental impact assessments for mining or processing of radioactive ore

19.1.5.To co-ordinate the activities in cooperation with international or foreign organisations

19.1.6.To prepare manpower in the nuclear technology and providing them training

10.1.1.To establish a nuclear technology and information database and to organise conference, seminars and workshops

Article 20. Control of practice

20.1.The implementation of legislation on radiation safety and activities on use of radiation sources shall be controlled by Governors at all levels and inspectors from regulatory 

20.2.The management of economic entities or organisations using radiation sources shall exercise a self-control (internal) over the use and allocation of radiation sources, the implementation of legislation, procedures and technological regimes within the entity or organisation;

20.3.Non Governmental Organisations may carry out public control over implementation of this law and submit their comments or recommendations to the Agency or regulatory authority

Chapter three

Enforcement

Article 21.Notification

21.1.A notification shall be submitted to the Regulatory Authority by a legal person using radiation sources to notify an intention to carry out a practice or any other action described in the General Obligations for practices of the Standards

21.2.Notification shall not replace as license or authorization

Article 22. A legal person who can provide an authorization

22.1.A legal person established and carried out activities in the frame of the Mongolian law sand regulations may hold an authorization of practice (hereinafter referred to as “authorization”) 

22.2.Each authorization shall be addressed to one legal person only;

Article 23. Restrictions on undertaking practices and selling sources

23.1. A person must not use, possess, sell or give away anything to which this section applies

unless the person is the holder of a license or temporary license under this section and does

so in compliance with any conditions to which the license or temporary license is subject.

23.2.A person must not change conditions of the License

23.3.The license holder must not transfer or pawn of the license

Article 24. Types ofauthorization

24.1.The types of the authorization are following regarding the requirements and conditions :

24.1.1.Registration

24.1.2.License

Article 25.Requirements for granting a license

25.1. The applicant who wants to hold a licence shall comply the following requirements:

25.1.1.Provisions of the activity related with the use of radiation sources

25.1.2.Approval on use of radiation sources from sponsoring or involving organisations

25.1.3.Producer’s certificate of the sources and it’s specifications

25.1.4.Defination of working place with ionising radiation

25.1.5.Radiation safety data sheet for the source

25.1.6.The applicant has appropriate knowledge of the principles and practices of radiation safety and radiation protection applicable to the activities proposed to be carried on by the applicant in pursuance of the license.

25.1.7.The certificate on ongoing activity of the company

25.1.8.Applicant’s name, address including telephone or fax numbers

25.1.9.Transfer order of the payment 

25.2.Must not receive applications without any of documents specified in paragraph 25.1.

Article 26. Granting authorization

26.1.The applicant may send an application in the approved form by the Agency to the Regulatory authority with other relevant documents specified paragraph 25.1.

26.2.The regulatory authority should grant an authorization within 10 workdays after receiving an application, if it meet all the requirements and attached all the relevant documents.

Article 27. Validity of authorization

27.1.The authorization remains in force for up to 2 years regarding the working conditions. The term specified in a temporary license is not to exceed 3 months.

27.2.A license or registration (including any renewed license or registration) remains in force

for such term as the Regulatory authority specifies in the license or registration, unless it is cancelled

or surrendered sooner.

Article.28.Renewal of licences

28.1.The license holder should send an request for renewal of the license not less than 20 days before end of validity to the regulatory authority. They must be attach following documents:

28.1.1.The certificate on ongoing activity of practice of the holder

28.1.2.Payment of the prescribed fee

28.1.3.Statement of radiation safety 

28.2. The regulatory authority should decide for renewal of the license within 10 workdays after receiving an application for renewal, revising the attached documents.

Article 29. Cancellation of license

29.1.The regulatory authority can suspend or cancel a license, registration or accreditation if satisfied:

29.1.1.that the grant of the license, registration or accreditation was obtained improperly; or

29.1.2.that the holder of the license, registration or accreditation has contravened a condition of it; or the condition was changed; or

29.1.3.that the holder of the license, registration or accreditation has been convicted of an offense against this law or the regulations; or

29.1.4.that, in the case of an accreditation, the holder has ceased working as a qualified expert;

29.1.5.that, in the case of a license or accreditation, the holder has ceased to hold a qualification on the basis of which the Regulatory authority granted the license or accreditation; or the holder impoverished;

Chapter four

Requirements for the protection from radiation sources

Article 30. Protection from radiation sources

30.1. Users shall take measures at their expenses to protect human health and environment from the hazardous impacts caused by the use of radiation sources

30.2. A legal person using radiation sources in their activities shall comply with respective legislation, safety regulations and technological regimes

Article 31. Basic requirements for production, export and import of radiation sources

31.1.A legal person engaged in the production, import, or export of radiation sources shall comply with the following requirements:

31.1.1.those who produce radiation sources shall prepare detailed information concerning the characteristics and impacts of radiation sources they use or have newly developed and obtain the recommendations of the Board

31.1.2.those who produce, import or export of radiation sources shall obtain the Board’s recommendations and permit from the regulatory authority

31.1.3.those who produce radiation sources shall employ professionally competent and skilful employees over 18 years old

Article 32. Basic requirements for storage of radiation sources

32.1.A legal person shall comply with the following requirements for storage of radiation sources:

32.1.1.Keep or store radiation sources in specially prescribed warehouses taking into account the specific characteristics of radiation sources and comply with storage procedures determined by the regulatory authority 

32.1.2.The radiation sources which its activities does not meet the technological or safety requirements, or unused sources or nuclear materials (hereinafter referred to as “radioactive waste”) shall store in the state special centralised warehouse

32.1.3.The state special centralised warehouse for radioactive sources shall be as a state exceptional object.

32.1.4.In the case of lose a radioactive source shall be notify urgently to the Agency, regulatory authority and police department;

Article 33. Basic requirements on transportation of radiation sources

33.1.A legal person shall comply with the following requirements for transportation of radiation sources:

33.1.1.For transportation of radiation sources, radioactive waste,radioactive material, apparatusor equipment with radiation sources shall follow with the “Regulation on safe transport of radiation sources” 

33.1.2.A legal person must not transport radiation sources together with any passengers, or livestock, or animals;

33.1.3. If an international treaty to which Mongolia is a party is inconsistent with this law, then

the provisions of the international regulation on safe transport of radiation sources treaty shall prevail for international transport

Article 34. Basic requirements on selling and transfer of radiation sources

34.1.A legal person which have a permit to produce, export, import or use of radiation sources shall have the right to selling, transfer or buying of radiation sources

34.2.A legal person described in paragraph 34.1 shall comply with the following requirements for selling, transfer or buying of radiation sources:

34.2.1.Obtain a permit from the regulatory authority for the sale, purchase, transfer or buying of radiation sources

Article 35. Basic requirements for disposal of radiation sources

35.1.A legal person shallcomply with the following requirements for the disposal of radioactive waste and radiation sources which fail to meet use requirements:

35.1.1.For the disposal of radioactive waste and radiation sources which fail to meet use requirements, a statement of the state inspectors on radiation safety and a permit of the regulatory authority shall be obtained;

35.1.2.Radioactive waste and radiation sources which fail to meet use requirements shall be disposed of under the control of state inspectors on radiation safety

Article 36.Basic requirements on use of radiation sources

36.1.A legal person using radiation sources shall comply with the following requirements:

36.1.1.keep a book of radiation sources being used and report on their annual use and allocation to the Regulatory authority no later than the 15th December of each year

36.1.2.Notify and register with the regulatory authority within 10 days of receipt of radiation sources

36.1.3.handle the radiation sources only in designated workplace fully complying with the occupational safety conditions and requirements 

36.1.4.A legal person using radiation sources shall develop their own occupational safety procedures and submit them to the state inspectors for review;

36.1.5.take emergency actions to repair damages and eliminate damages caused by radiation sources in events of disasters and accidents in conformity with the respective legislation and technological procedures

36.1.6.train, at their expense, those who work with radiation sources and educate them how to handle radiation sources, how to prevent accidents and how to render first aid in case of accidents and providing a certificate them

36.1.7.take preventative measures, at their expenses, on possible accidents or incidents during activities using radiation sources

36.2.It is prohibited to mail radiation sources, deliver them through third persons or transport them by public transportation without permit from the regulatory authority

36.3.It is prohibited to produce or store radiation sources and preparations intended for use of weapons

36.4.It is prohibited to use radiation sources when their names, types, characteristics, purpose of usage and prescriptions are not clear

Article 37.Transportation of radiation sources across the state borders

37.1.It is prohibited to transport radiation sources across state borders without a permit acquired in conformity with respective procedures

37.2.A customs department shall control the transportation of radiation sources across state borders in co-operation with the regulatory authority

37.3.It is prohibited to transport or re-export across state border radioactive waste or nuclear materials intended for use in nuclear weapons

Article 38. Requirements for the occupational exposure

38.1.Radiation workers shall be work under the personal dosimetry control

38.2.Radiation workers must not exposed by radiation exceeded the dose limits specified in the safety standards

38.3.Radiation workers have a rights for providingradiation safety and healthy workplace or require it to the employer or to address to the regulatory authority

Article 39. Requirements for medical exposure

39.1.A legal person using radiation sources for diagnostic or radiotherapy shall strictly comply with this law and other relevant regulations or safety standards

39.2.The instruments or equipments using for diagnostic or radiotherapy shall be calibrated and under the regular quality control and quality assurance

39.3.Diagnostic radiology and radiotherapy for the pregnant woman or children shall be decided themselves or a legal person who can represent them.

Article 40. Basic requirements for use of natural radioactive ore

40.1.A legal person, foreign or international organisation engaged in the exploration, use, processing, export, import, concentration, transport dispose or rehabilitation ofthe natural radioactive mineral resource or radioactive ore (hereinafter referred to as radioactive resource) shall obtain a permit from regulatory authority. 

40.2.A legal person, foreign or international organisations,who carry out the activities described in the paragraph 40.1 shalltake measures at their expenses to protect human health and environment from the hazardous impacts caused by the use of radiation sources

40.3. A person, establishments, company, foreign or international organisations who carry out the activities described in the paragraph 40.1 shall comply with the this law, and other relevant legislation.

40.4. For transportation of radioactive resources shall follow with the “Regulation on safe transport of radioactive ore” 

Chapter five

Miscellaneous provisions

Article 41.Liability for violation of radiation safety legislation

41.1. In the event of harm or damage to human health or property caused by illegal actions which violate requirements of the radiation safety legislation, the violator shall compensate for the damage

41.2.If a violation of the legislation on radiation safety is not subject to the criminal Code, the following administrative penalties shall be imposed by state inspectors on radiation safety:

41.2.1.for failure to register by the specified date with the regulatory authority upon receipt of radiation sources or failure to submit or intentional falsification of information on the use and allocation of radiation sources, citizens shall be subject to a fine of 5000 to 20000 tugrig and economic entities and organisations, a fine of 30 000 to 50 000 tugrig;

41.2.2.for failure to undertake actions to repair damages and harms caused by radiation sources or for the discharge of radiation sources into the environment in volumes exceeding the permissible limits, citizens shall be subject to a fine of 5000 to 20 000 tugtig, or economic entities and organisations50 000 to 75 000 tugrig;

41.2.3.for failure to meet official requirements of Inspector’s notice, citizens shall be subject to a fine of 5000 to 20 000 tugrig, employers 20 000 to 50 000 tugtig,economic entities and organisations 50 000 to 200 000 tugrig;

41.2.4.for violation ofparagraph 1.2 of article 20, paragraph 1.2of article 30, or paragraph 2.4

of article 33, citizens shall be subject to a fine of 30 000 to 50 000 tugrig, economic entities and organisations 100 000 to 150 000 tugrig;

41.2.5.for failure to meet requirements for production, export, import, storage, transportation and disposal of radiation sources or for operating without a permit from authorised organisation, the illegal income shall be confiscated and citizens shall be subject to a fine of 20 000 to 30 000 tugrig, economic entities and organisations 100 000 to 150 000 tugrig;

41.2.6.for the production, storage or delivery through third persons of radiation sources intended for use as a nuclear weapons, the illegal income shall be confiscated and citizens shall be to a fine of 30 000 to 50 000 tugrig, economic entities and organisations 150 000 to 250 000 tugrig;

Article 42.Date of enter into force

42.1. this law shall enter into force on ………..

Translated by N.Oyuntulkhuur, NEC