IMPLEMENTATION REGULATIONS RELATED TO THE MONGOLIAN LAW ON ENERGY CONSERVATION, 2016 – unofficial translation
Annex III of Resolution №295 issued by the Government in 2016
One. General Provisions
1.1. The objective of this regulation is to coordinate relations arising in connection with organizing a training for preparation of energy auditor (in further it will be referred as “auditor”) and energy conservation manager (in further it will be referred as “manager”), issuing a certificate and revoking of the issued certificate.
1.2. The Law on Energy Conservation, relevant other laws and this regulation must be adhered in activities such as organizing auditor and manager preparation training, issuing certificate and revoking of the issued certificate.
1.3. The Energy Conservation Council must organize auditor and manager preparation training based on a contract made with a training organization which meets with the requirements of this regulation.
Two. Definitions
2.1. Within this regulation, the following terms must have the following meanings:
2.1.1. “training program” means a documents contains content package and credit hours of auditor and manager preparation training approved by the Energy Conservation Council;
2.1.2. “training organization” means a legal entity organizing auditor and manager preparation training according to this regulation based on a contract;
2.1.3. “training teacher” means a citizen who has got master’s or a degree above this in energy and construction field, has attended in training organized by the Energy Conservation Council and has got qualified and consulting engineer’s rank or has been authorized to work as a teacher;
2.1.4. “training” means auditor and manager preparation training must be conducted in the frame of the training program approved by the Energy Conservation Council;
2.1.5. “exam committee” means a group appointed by the Energy Conservation Council which must take exam from trainees attended in auditor and manager preparation training;
2.1.6. “exam” means an exam which must issue an authority to work as auditor and manager;
Three. Requirements for training organization
3.1. An organization which will conduct auditor and manager preparation training must meet with the following requirements:
3.1.1. Must have a schoolroom, technique, training tools and accessories;
3.1.2. Must have testing equipment, measuring devices and tools required for conduct the training in accordance with the training program;
3.1.3. Must have training teachers qualified in the training field;
3.1.4. Must have a curricula for training and practice of trainees;
3.2. A legal entity interested to conduct training must submit its application for organizing auditor and manager preparation training to the Energy Conservation Council. The following documents must be attached to the application:
3.2.1. A copy of the State Registration Certificate;
3.2.2. Copies of curriculum vitae of training teachers and documents proving their qualification;
3.2.3. Number of trainees to be attended and a training program;
3.2.4. Introduction about the place where practice of the training will be conducted;
3.2.5. Introduction determining qualification field of the training in the frame of the training program;
3.3. An application does not meet with the requirements on documents required to submit under clause 3.2 of this regulation must be returned to the applicant within 3 days since receipt of the application.
3.4. In cases except under the clause 3.3 of this regulation, the Energy Conservation Council must make a decision whether to conclude or not a contract for organization of training within 30 days since the receipt of the application.
3.5. The Energy Conservation Council must conclude the contract for conducting training with the legal entity for a period of 1 year and the contract may be extended for a period of 2 years.
3.6. The Energy Conservation Council must inform about the organization which concluded training conducting contract through its web site to the public.
Four. Requirements for trainees
4.1. A trainee who will attend in auditor and manager preparation training must meet with the following requirements:
4.1.1. Must have an engineer’s and engineer-economist’s bachelor’s degree or degrees above this in energy, construction field;
4.1.2. A trainee going to attend in manager preparation training must have worked not less than 3 years in the professional field;
4.1.3. A trainee going to attend in auditor preparation training must have worked not less than 8 years in the professional field;
4.2. A trainee who complies with the requirements according clause 4.1 of this regulation should submit its application within the announced deadline. The following documents must be attached to the application:
4.2.1. A Copy of citizen ID;
4.2.2. A copy of social security book;
4.2.3. 3 copies of photo with size of 3.5 x 4.5 cm
4.2.4. Reference letter issued by the Employer (if presently employed)
4.2.5. A copy of tertiary education diploma;
4.2.6. A copy of certificate of specialized training in professional field;
Five. A training for preparating and specializing auditor and manager
5.1. Training organization must conduct training according to the training program approved by the Energy Conservation Council.
5.2. Auditor and manager preparation training must have courses in following field:
5.2.1. energy auditor for industry and service sector (electricity, heat and gas)
5.2.2. energy auditor in building and construction field;
5.2.3. energy conservation manager.
5.3. Training organization must announce about the training through media and web site of the Energy Conservation Council not less than 1 month before the start of training to the public.
5.4. Training organization will register a trainee who complies with the requirements according clause 4.1 of this regulation and submitted all required documents according clause 4.2 of this regulation and participate to the training.
5.5. Training organization must submit a training report and a request for accepting to take exam for issuing authorization to work as auditor and manager to the Energy Conservation Council together with documents attached to application of a trainee within 3 working days after the training was completed.
5.6. The Energy Conservation Council must organize the exam for issuing authorization to work as auditor and manager within working 7 days after the completion of the training and the announce exam schedule through its web site to the public.
5.7. The Energy Conservation Council must evaluate the quality of training organized by a training organization through conducting a survey among trainees or employers, considering the trainees’ examination result and using other advanced tools.
Six. Process of exam issuing authorization to work as auditor and manager
6.1. An exam committee must take the exam issuing authorization to work as auditor and manager
6.2. The exam must be taken in 2 stages:
6.2.1. The first stage: A test examining knowledge obtained in the frame of the training program;
6.2.2. The second stage: A practice work report and a pilot project written on energy conservation and efficiency in the frame of the training program.
6.3. A trainee is considered to be passed if gets 80 percent of the total score or above this in the professional exam as the first stage and must be allowed to take the second stage of the exam.
6.4. A trainee is considered to be passed if gets a score of 70 or above this in the practice work report.
6.5. The Energy Conservation Council must inform about the results of the exam issuing authorization to work as auditor and manager through its web site to the public.
6.6. A trainee is entitled to enter to the next exam if he or she could not take exam due to an excusable reason.
6.7. If trainee could not pass the exam, he or she may take the exam once again.
6.8. The exam committee may provide a clarification upon receiving a written request regarding the exam evaluation.
Seven. Certificate of auditor and manager
7.1. A certificate must be issued to a citizen who passed the exam issuing authorization to work as auditor based on decision of the Energy Conservation Council. The term of certificate must be for 2 years and in the further it must be extended for 5 years.
7.2. A termless certificate must be issued to a citizen who passed the exam issuing to work as manager based on decision of the Energy Conservation Council.
7.3. The following information must be included in the certificate:
7.3.1. Name of the organization issued the certificate;
7.3.2. Family name, surname and given name of the certificate holder;
7.3.3. Auditor’s activity field;
7.3.4. If stated according clause 7.1 of this regulation, the term of the certificate;
7.3.5. The certificate number, issuing date;
7.3.6. Signature and stamp of the authorized officer of the organization issued the certificate;
7.4. An identity card must be given to the auditor together with the certificate.
7.5. Auditor must possess a stamp to be used only in auditing activity. The sample of the stamp must be approved by the Energy Conservation Council.
7.6. The Energy Conservation Council must register the sample of the stamp, and shape of an authorized signature of auditor.
7.7. The Energy Conservation Council must register the auditor and manager who received authorization to work in its database and inform to the public through its web site.
7.8. The Energy Conservation Council must decide whether to extend the auditor’s certificate by considering the works done in the past 2 years, outcome of the service provided and results of the refresher training exam.
7.9. Auditor’s certificate must be revoked in the following cases:
7.9.1. It was proven that the main principles should be adhered in conducting audit activity such as honouring legislation, respecting justice, working independently and observing ethical conduct and keeping confidentiality were violated.
7.9.2. An authorized organization has determined that the auditor had a serious professional breach and had deficiency in its audit activity.
Eight. Miscellaneous
8.1. The training organization is prohibited to transfer the training program approved by the Energy Conservation Council to a third party.
8.2. Auditors use its stamp for only endorsing the works executed by him or her.
8.3. Any disputes arisen in connection with issuing certificate to auditor and manager, extension and revoking the certificate must be resolved by the Energy Conservation Council.
8.4. A “Rule for resolving disputes” under the clause 8.3 of this regulation must be approved by the Energy Conservation Council through complying with the legislation.
8.5. If the decision taken by the Energy Conservation Council according to the clause 8.3 of this regulation is not accepted then it is possible make a claim to Court.
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