LAW OF MONGOLIA
January 2, 1998
Ulaanbaatar city
ON ARCHIVES
Chapter One
General Provisions
Article 1. Purpose of the Law
1.1. The purpose of this law is to regulate the relationships related to the national archival fund of Mongolia, its composition, the principles of operation of state archives, management, preservation, protection, replenishment, and usage of archival documents.
/This provision was annulled by the law dated January 2, 2003/
Article 9.3.3. Appointment and dismissal of senior inspectors and inspectors of the state control service of archives and record management.
Article 9.4. The Agency shall exercise the following powers in relation to archives and record management:
9.4.1. Organize the implementation of legislation related to archival and record management activities within its sector and monitor compliance;
9.4.2. Annually compile reports and data on the composition and changes in documents belonging to the state archival fund;
9.4.3. Support and organize the unified national registration of documents in state and non-state archives.
Article 9.5. Governors of aimags (provinces), the capital city, soums (districts), and duuregs (subdistricts) shall exercise the following powers in relation to archives and record management:
9.5.1. Organize the implementation of state policy and legislation related to archival and record management activities within their respective territories and monitor compliance;
9.5.2. Support and organize the unified registration of documents in state and non-state archives, and compile relevant reports and data.
Article 10. State Archives Management
10.1. The National Archives Office, a government agency in charge of archives, shall implement state policy on archives and professionally manage and coordinate archival activities nationwide.
10.2. The Agency shall base its activities on this law and other relevant laws.
10.3. The head of the National Archives Office shall be selected from candidates nominated according to Article 351.1 of the Civil Service Law, based on the proposal of the government member responsible for archival affairs, and appointed and dismissed by the Government.
/This section was added by the law dated January 2, 2003/
/This section was amended by the law dated December 23, 2011/
/This section was revised by the law dated January 2, 2003/
Article 16.2. The head of the branch of the National Central Archives shall be appointed and dismissed by the head of the relevant government agency based on the proposal of the head of the National Archives Office.
Article 16.3. The head of aimag and capital city archives shall be appointed and dismissed by the governor of the aimag or capital city in consultation with the head of the National Archives Office.
/This section was revised by the law dated January 2, 2003, and by the law dated December 22, 2006/
Article 16.4. The head of aimag and capital city archives shall be selected from civil servants with at least 3 years of experience in the archival sector, in accordance with Article 17.1 of the Civil Service Law.
/This section was added by the law dated December 22, 2006/
/This section was amended by the law dated January 2, 2003/
/This section was added by the law dated November 13, 2003/
/This section was amended by the law dated December 12, 2013/
Article 21. Archival Replenishment
21.1. The National Central Archives fund shall be replenished and enriched with documents generated during the activities of the organizations specified in Article 6.4 of this law.
21.2. Aimags and capital city archives shall replenish their funds with documents from local administrative organizations, entities with local ownership, and entities with local participation.
21.3. The National Archives Office shall determine the exemplary list of contents, composition, and types of documents to be permanently preserved in the State Central Archives and the procedure for replenishing the archives with such documents.
21.4. Individuals and legal entities may transfer archival documents of national interest to the National Central Archives for safekeeping.
21.5. In case of dissolution, reorganization, or privatization of state organizations and state-owned enterprises, their documents shall be transferred to the relevant state archives for safekeeping.
21.6. It is prohibited to use museum, library, and non-state organization archives for replenishing the state archival fund with original documents.
Article 22. State Record Management
22.1. Officials responsible for record management in state and non-state organizations and enterprises shall perform the following duties:
22.1.1. Monitor the maintenance of records in accordance with regulations and standards;
22.1.2. Ensure the secure storage and integrity of documents;
22.1.3. Categorize and compile documents according to the list of case names, organize them properly at the end of the record-keeping period, and transfer them to the organization’s archives in complete form;
22.2. Any document information stored on special media or in memory shall have the same validity as original archival documents, and the processing, storage, and use of such information shall be regulated by the procedures approved by the Government in accordance with this law.
/This section was revised by the law dated November 13, 2003/
Article 23.1.1. Office of the President and its Secretariat – 20 years;
Article 23.1.2. National Security Council – 30 years;
Article 23.1.3. State Great Khural (Parliament) and its Secretariat – 20 years;
Article 23.1.4. Constitutional Court – 20 years;
Article 23.1.5. Government of Mongolia and its Secretariat – 20 years;
Article 23.1.6. Organizations reporting to the State Great Khural – 15 years;
Article 23.1.7. Ministries and agencies – 15 years;
Article 23.1.8. State-owned and state-involved legal entities and state-funded organizations – 10 years;
Article 23.1.9. Local administrative and self-governing bodies – 8 years;
Article 23.1.10. Design documentation in the original organization – 20 years;
Article 23.1.11. Documents related to science, technology, and patents in the original organization – 15 years;
Article 23.1.12. In the specialized archives of the organization – 40 years.
Article 23.2. The original copies of films, photographs, sound recordings, and video recordings created with budget funds shall be transferred to the relevant state archives within 1 year.
Article 24. Archival Document Registration
24.1. All documents in state and non-state archives shall be included in the unified national registration. The National Archives Office shall establish the procedure for maintaining a unified registration of documents in the national archival fund.
24.2. A unified inventory of documents belonging to the state archival fund shall be conducted every 4 years.
Article 25. Use of Archival Documents
25.1. The state archives shall provide access to the documents in their collections to individuals, enterprises, and organizations in accordance with the procedures established by the National Archives Office.
25.2. Individuals and legal entities have the right to use archival documents in the following ways:
25.2.1. Obtain references and copies from archival documents;
25.2.2. Review and study them in the reading room.
25.3. The archives may promote archival documents through media and publications on their own initiative.
25.4. Individuals and legal entities shall pay service fees for the use of state archival documents in accordance with the procedures established by the National Archives Office.
25.5. Organizations, individuals, and legal entities who have transferred their documents to state archives have the right to use them free of charge.
25.6. Private and contractually deposited documents in state archives shall be used by others only with the permission of the owner or custodian.
25.7. Archival documents containing state secrets or other protected secrets shall be made publicly accessible 30 years after their creation.
25.8. Documents related to national security and vital state interests shall be made publicly accessible 50 years after their creation, and documents related to personal life and property shall be made publicly accessible 70 years after their creation.
25.9. When publishing archival documents, individuals and organizations shall ensure that they are compared with and verified against the original copies kept in the archives and obtain appropriate permission from the state archives.
/This article was revised by the law dated December 4, 2015, to be enforced starting July 1, 2017/
CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA R. GONCHIGDORJ