Mongolia

Last updated on: 3 May 2012

Criminalisation of HIV transmission/exposure

Mongolia
Whether Specific law enacted: 
No
Number of people prosecuted: 
0
Number of people convicted: 
0
Applicable law: 

As of April 2011, there is a Draft Amendment Law which has been submitted to a Parliamentary standing committee. There are still some formal steps involved until the Law is passed by the Parliament[1].


[1]Personal communication with UNAIDS Focal Point, Mongolia, April 2011. 

Key Cases: 

None

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

There are no concrete regulations regarding short-term stays for people with HIV/AIDS in Mongolia. On the other hand, there are regulations requiring the presentation of a test result. It is not clear to us if such regulations depend on duration or purpose of stay. We know the case of a foreign citizen who had to present a test result when applying for a work permit for 3.5 months. 

Specific regulations target long term stays and residency permit applicants, immigrants, foreign employees, trainees and students. A new test result has to be presented when permits are extended. Diplomats and representatives of public institutions are exempt. 

It is not clear if a positive test result has an effect on the granting of a permit. 

We received differing information regarding the importation of antiretroviral medication for personal use. It seems that duty free import of medication is possible for one week if a medical certificate is presented. The Mongolian authorities should be contacted in a concrete situation. 

According to the article 11.3 in the HIV/AIDS Prevention Law, foreigners can be deported if they do not comply with the requests of the Mongolian health authorities. 

In general, the regulations are implemented and applied. However, we understand that authorities perform practices outside an existing legal basis. 

Visitors must register with the Office of Immigration, Naturalization, and Foreign Citizens within one week upon arrival if they are staying for more than 30 days. An HIV test is required for those staying over 3 months. The Civil Registration Office will accept "internationally recognised" test results from abroad. 

For updated information, please go to: www.hivrestrictions.org 

Laws relating to same sex, sexual relations: 

Male to Male relationships: Legal

Punishments for male to male relationships:  No law

Female to Female Relationships: Legal

Age of consent:  Equal for heterosexuals and homosexuals

Marriage and Substitutes for Marriage: No law

For updated information, please go to: http://ilga.org