On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of Mongolia on cooperation in the pension sector
The Law of the Republic of Kazakhstan dated February 9, 2026 No. 261-VIII SAM.
To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of Mongolia on cooperation in the pension sector, signed in Ulaanbaatar on October 29, 2024.
President
Republic of Kazakhstan
K. TOKAEV
Agreement between the Government of the Republic of Kazakhstan and the Government of Mongolia on cooperation in the pension sector
The Government of the Republic of Kazakhstan and the Government of Mongolia (hereinafter referred to as the "Parties"), guided by their desire to develop cooperation on the appointment and payment of pensions, have agreed as follows:
Article 1
Basic concepts
1. For the purposes of this Agreement, the following basic concepts are used:
"State of residence" - the State in which the applicant permanently resides;
"legislation" - laws and other legal acts of the States of the Parties regulating the appointment and payment of pensions;
"applicant" is a person who has applied for a pension, or a trusted person acting on his behalf and representing his interests.;
"competent authority" means the institution and (or) organization of the Parties implementing this Agreement.;
"place of residence" - the place of permanent residence of the applicant, defined or recognized as such in accordance with the legislation of the States of the Parties.;
"pensions" - pension payments specified in paragraph 2 of Article 2 of this Agreement;
"personal data" - information related to the applicant (recipient of the pension), recorded on electronic, paper and (or) other material media;
"pension recipient" means a person who has been awarded a pension provided for in paragraph 2 of Article 2 of this Agreement.;
"labor (insurance) length of service" - periods of work and (or) payment of insurance pension contributions, as well as other periods in accordance with the legislation of the states of the Parties;
"authorized body":
in the Republic of Kazakhstan - Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan;
In Mongolia, the Ministry of Family, Labor and Social Protection of Mongolia.
In the event of a change in the official name or transformation of the authorized body of one of the Parties, such Party shall immediately notify the other Party through diplomatic channels and take measures to ensure appropriate succession.
2. Other concepts used in this Agreement are applied in the meanings defined by the legislation of the States of the Parties.
Article 2
Range of persons and scope of application
1. This Agreement applies to citizens of the states of the Parties who permanently reside in the territory of the state of one of the Parties and have employment (insurance) experience in the territory of the other Party's state.
2. This Agreement applies to the following types of pensions:
2.1. in the Republic of Kazakhstan:
2.1.1. age-related pension payments;
2.1.2. pension payments upon reaching retirement age from pension savings formed from mandatory pension contributions, mandatory occupational pension contributions (hereinafter referred to as funded pensions);
2.2. In Mongolia, old-age pensions are paid from the insurance pension fund, with the exception of early pensions to persons who worked in underground work, work in hot temperature conditions and work with harmful and severe conditions of the pile (hereinafter referred to as old-age pensions).
3. Amendments and additions made to the legislation of the States of the Parties governing the appointment and payment of pensions referred to in paragraph 2 of this Article shall apply to this Agreement, if they do not contradict its provisions.
4. This Agreement does not apply to the following pensions:
in the Republic of Kazakhstan - pension payments for years of service;
in Mongolia, there are pensions for military service.
5. This Agreement does not affect the relevant provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961 and the Vienna Convention on Consular Relations of April 24, 1963.
Article 3
Appointment and payment of pensions
1. The appointment and payment of pensions to citizens of the States of the Parties shall be carried out in accordance with the legislation of the state of residence.
2. Old-age pension payments in the Republic of Kazakhstan are paid from the republican budget in accordance with the procedure and on the terms stipulated by the legislation of the Republic of Kazakhstan.
3. Accumulative pensions in the Republic of Kazakhstan are paid by the unified accumulative pension fund in accordance with the procedure and on the terms stipulated by the legislation of the Republic of Kazakhstan.
4. Old-age pensions in Mongolia are paid from the insurance pension fund in accordance with the procedure and conditions stipulated by the legislation on social insurance of Mongolia.
5. All expenses related to the transfer of pensions are borne by the Party who appointed the pension.
6. An application for age-related pension payments in the Republic of Kazakhstan and age-related pensions in Mongolia, accompanied by the necessary documents provided for by the legislation of the State of residence, is submitted by the applicant to the competent authority of the State of residence.
7. An application for the appointment of funded pensions in the Republic of Kazakhstan, accompanied by the necessary documents provided for by the legislation of the Republic of Kazakhstan, is submitted by the applicant to the competent authority of either Party.
The date of filing an application for the purpose of awarding a pension to the competent authority of one of the Parties is equivalent to the date of its submission to the competent authority of the other Party.
If an application is submitted to the competent authority of Mongolia, the original application and copies of the attached documents, certified by the competent authority of Mongolia, are sent to the competent authority of the Republic of Kazakhstan within 10 working days from the date of receipt of the application. The application form is approved by the competent authority of the Republic of Kazakhstan.
The deadline for sending documents between the competent authorities of the Parties within the framework of the implementation of this Agreement is not included in the deadline for reviewing the application and making a decision on the appointment of a pension.
The competent authority of the Republic of Kazakhstan ensures that the application is reviewed within the time limits established by the legislation of the Republic of Kazakhstan.
Article 4
Total accounting of labor (insurance) length of service
1. When assigning old-age pension payments in the Republic of Kazakhstan and old-age pensions in Mongolia, the competent authority of one Party shall make a summary accounting of non-coincident employment (insurance) the length of service acquired before January 1, 1998 in the territory of the other Party's State.
2. Labor (insurance) The length of service acquired in the territory of one of the Parties is taken into account subject to confirmation by the competent authority of that Party in accordance with the procedure provided for in Article 6 of this Agreement.
3. Periods of military service and periods of study in the system of higher and (or) postgraduate and secondary specialized education, as well as spiritual (religious) educational organizations in the territory of the states of the Parties, are counted in the labor (insurance) length of service in accordance with the legislation of the State of the Party that awarded the pension.
Article 5
Pension transfer
1. A funded pension is transferred if the recipient leaves the Republic of Kazakhstan for permanent residence in Mongolia.
2. A funded pension is transferred to the recipient's account in the national currency of Mongolia, which is converted at the official exchange rate of the Republic of Kazakhstan on the day of the transaction.
Article 6
Cooperation of the Parties
1. The authorized bodies of the Parties shall inform each other about all changes in legislation, as well as about changes in authorized and competent authorities concerning the scope of application of this Agreement.
2. Representatives of the authorized and competent authorities of the Parties have the right to organize meetings in order to discuss issues related to the implementation of this Agreement, alternately in each of the Parties.
3. In order to confirm the employment (insurance) the length of service acquired in the territory of the State of the other Party, as well as, if necessary, additional information and documents on the appointment, payment, termination of pensions and other issues related to the implementation of this Agreement, the competent authority of one Party shall send a request to the competent authority of the other Party.
Upon receipt of the request, the competent authority will send a response within 30 working days. If it is impossible to send a response to the request within the specified period, the competent authority notifies the competent authority that sent the request.
Uniform forms of requests and responses to them are approved by the competent authorities of the Parties.
4. In the event of circumstances leading to a change in the amount of the pension, suspension or termination of its payment, or changes in personal data, the competent authorities of the Parties are required to notify each other within 5 working days after receiving the relevant information.
Article 7
Personal data
1. In order to implement this Agreement, personal data is transferred between the Parties. Such data is classified as confidential personal information and is used exclusively within the framework of this Agreement and the relevant legislation of the States of the Parties in the field of personal data.
2. Authorized and competent authorities of the Parties shall collect, process, store, and protect personal data in accordance with the laws of the States of the Parties.
Article 8
Final provisions
1. Disputes related to the interpretation and application of this Agreement shall be resolved by the Parties through consultations and negotiations.
2. This Agreement is subject to ratification and shall enter into force on the first day of the second month following the date of receipt through diplomatic channels of the last of the written notifications of ratification by the Parties.
3. The Parties may, by mutual agreement, make amendments and additions to this Agreement, which are formalized in separate protocols and are an integral part of this Agreement.
4. This Agreement is concluded for an indefinite period.
Each Party has the right to terminate this Agreement from January 1 of the following calendar year, notifying the other Party in writing through diplomatic channels at least 6 months before the expiration of the current calendar year.
5. In the event of termination of this Agreement, the rights that have arisen in accordance with the provisions of this Agreement will not lose their validity.
Done in Ulaanbaatar on October 29, 2024, in two copies each in the Kazakh, Mongolian and Russian languages, all texts being equally authentic. In case of discrepancies between the texts of this Agreement, the Parties refer to the text in Russian.
For the Government
Republic of Kazakhstan
For the Government
Mongolia
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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