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Law of Mongolia on Post

 

May 15, 2003                                                                                                                  Ulaanbaatar

CHAPTER ONE

GENERAL PROVISIONS

Article 1. Purpose of this Law

1.1. The purpose of this Law is to regulate relations related to postal network, its utilization and service.

Article 2. Legislation on post

2.1. The legislation on post is comprised of the Civil Code, Law on Communications, this Law and other relevant legislative acts issued in conformity with them.

/This provision was amended by the Law dated on May 30, 2019/

2.2. If an international treaty of Mongolia is inconsistent with this Law, then the provisions of the international treaty shall prevail.

Article 3. Definitions of terms of Law

3.1. The following terms used in this Law shall be understood as follows:

            3.1.1 “Post” means a type of communication with a complete set of production-technological operation to deliver a postal item to the addressee;

            3.1.2. “Postal network” means a set of branches and points of postal service provider and routes to transport postal items between them;

            3.1.3. “Postal item” means a tangible object delivered by a customer in a form of letter, packet or parcel to be delivered to the addressee using the postal network;

            3.1.4. "Letter" means a postal item addressed to a specific person containing enveloped or nonenveloped manuscripts and printed documents;

/This provision was revised by the Law dated on May 30, 2019/

            3.1.5. “Packet” means a sealed postal item addressed to a specific person containing items;

            /This provision was revised by the Law dated on May 30, 2019/

3.1.6. “Parcel” means postal item with larger size than packet;

3.1.7. “Service provider” means a legal entity authorized to provide postal service;

/This provision was amended by the Law dated on May 30, 2019/

3.1.8. “Post box” means a tool placed at a certain point with the purpose for collecting and delivering of postal items;

 /This provision was revised by the Law dated on May 30, 2019/

3.1.9. “Post bag” means a container for the carriage of postal items;

3.1.10. “Unified post code” means an expression of numbers or combination of numbers and letters determining the location of customer;

/This provision was revised by the Law dated on May 30, 2019/

3.1.11. “Postal designated operator” means an organization implementing the postal universal service obligation;

/This provision was added by the Law dated on January 18, 2007/

/This provision was revised by the Law dated on May 30, 2019/

3.1.12. “Postal core network” means a postal network with state ownership implementing the postal universal service obligation;

/This provision was added by the Law dated on May 30, 2019/

            3.1.13. “Postal service” means an integrated process of receiving a postal item from the customer and delivering to the addressee through the postal network;

/This provision was added by the Law dated on May 30, 2019/

            3.1.14. “Customer” means a citizen or legal entity receiving postal services.

/This provision was added by the Law dated on May 30, 2019/

Article 4. Type of post

/The title of this article was amended by the Law dated on May 30, 2019/

4.1. The post of Mongolia shall be responsible for providing postal service to all citizens, business entities and organizations and operated by a postal service provider (hereinafter referred to as “service provider”).

 /This provision was invalidated by the Law dated on May 30, 2019/

4.2. The post of Mongolia shall have following types:

            4.2.1. Public post provided by the service provider;

            4.2.2. Post for special use to be utilized for needs of state and local self-governing organizations;

            4.2.3. Post for internal use to be utilized by business entities and organizations for the domestic use;

/This provision was revised by the Law dated on January 18, 2007/

/This provision was amended by the Law dated on May 30, 2019/

Article 5. Principles to be followed in postal operations

5.1. The following principles shall be followed in postal operations:

5.1.1. To adhere rule of law;

5.1.2. To provide accessible and prompt postal services to citizens, business entities and organizations;

5.1.3.  To respect the rights of customer;

5.1.4. To send postal items freely without hindrance;

5.1.5. To keep and protect the confidentiality of customer;

5.1.6. Citizens, business entities and organizations to participate with equal rights by in public postal service;

5.1.7. To ensure safe and stable operation of the postal network;

/This provision was amended by the Law dated on May 30, 2019/

5.1.8. Standards and rules of the postal sector to be coherent and unified.

 

CHAPTER TWO

STATE REGULATION ON POST

Article 6. Full power of Government

6.1. The Government shall exercise the following powers on post:

6.1.1 To organize the implementation of state policy and legislation in the postal sector;

6.1.2. To approve rules to provide postal services;

/This provision was invalidated by the Law dated on January 18, 2007/

6.1.3. To determine procedures for temporary storage, opening, removal and disposal of postal items;

/This provision was invalidated by the Law dated on January 18, 2007/

6.1.4. To approve procedure for introducing and using the unified postal code;

/This provision was added by the Law dated on January 18, 2007/

/This provision was amended by the Law dated on May 30, 2019/

6.1.5. To approve procedures for issuing an authorization to use the postal core network and its monitoring;

/This provision was added by the Law dated on May 30, 2019/

6.1.6. Other powers specified in the legislation.

/This provision was amended by the Law dated on January 18, 2007/

/This provision was amended by the Law dated on May 30, 2019/

Article 7. Full power of the State Administrative Organization in charge of post matters

/The title of this article was amended by the Law dated on May 30, 2019/

7.1. The State Administrative Organization in charge of post matters shall exercise the following powers:

7.1.1. To determine the type of universal services based on the proposal of the Communications Regulatory Commission;

/This provision was revised by the Law dated on January 18, 2007/

/This provision was amended by the Law dated on May 30, 2019/

7.1.2. To develop and implement the development policy of the postal sector;

7.1.3. To approve and implement procedures for coordination of operations of the service provider and postal item carrier;

/This provision was amended by the Law dated on May 30, 2019/

7.1.4. To approve the unified postal code;

7.1.5. To approve procedures for production, sale and revaluation of valuable postal note, enrichment, storage and protection of the state reserves and monitor the implementation;

/This provision was revised by the Law dated on May 30, 2019/

7.1.6. To approve rules to provide the postal services;

/This provision was added by the Law dated on January 18, 2007/

7.1.7. To approve procedures for temporary storage, opening, removal and disposal of postal items;

/This provision was added by the Law dated on January 18, 2007/

7.1.8. To represent Mongolia in the international postal organization, develop relevant proposals and conclusions, and organize the implementation of decisions of international organizations;

/This provision was added by the Law dated on May 30, 2019/

7.1.9. Other powers specified in the legislation.

/This provision was amended by the Law dated on January 18, 2007/

/This provision was amended by the Law dated on May 30, 2019/

Article 8. Rights of the Governors of all levels

7.1. The Governors of all levels shall exercise following rights on post:

            7.1.1. To organize the delivery of posts and publications to the population, and support the delivery of postal items to customers located in areas with temporary and permanent obstacles;

/This provision was amended by the Law dated on May 30, 2019/

            7.1.5. Other rights specified in the legislation.

/This provision was amended by the Law dated on May 15, 2003/

Article 9. Rights of the Communication Regulatory Commission

9.1. The Regulatory Commission specified in Article 8 of the Law on Communications, shall have following rights:

            9.1.1. To develop proposal to determine the type of universal services;

/This provision was revised by the Law dated on January 18, 2007/

/This provision was amended by the Law dated on May 30, 2019/

            9.1.2. To determine and enforce the amount of assets to be accumulated in the fund of universal postal service obligation specified in Article 11 of the Law on Communications by other postal service providers in the priority zone specified in Article 7.1.1 of this Law.

/This provision was invalidated by the Law dated on May 30, 2019/

            9.1.3. To develop the unified postal code;

            9.1.4. To issue, extend, suspend, renew and revoke licenses specified in the law, approve license conditions, requirements, regulatory documents and relevant procedures, establish contracts and monitor the implementation;

/This provision was added by the Law dated on May 30, 2019/

            9.1.5. To approve procedures for the postal interconnection and enforce its implementation;

/This provision was added by the Law dated on May 30, 2019/

            9.1.6. To determine and enforce the time of delivery of postal items;

/This provision was added by the Law dated on May 30, 2019/

            9.1.7. Other rights specified in the legislation.

/This provision was added by the Law dated on May 30, 2019/

 

CHAPTER THREE

PUBLIC POSTAL SERVICE

Article 10. Postal service

10.1. Postal service shall be domestic that has purpose to deliver postal items to the customers in the territory of Mongolia and international that has purpose to deliver postal items to the customers in abroad and shall be provided in accordance with this Law, other relevant laws, rules and agreements.

10.2. To organize and conduct a delivery of postal items in accordance with the schedule and route approved by the following authorized entities:

            10.2.1. By the State Administrative Organization in charge of postal matter, the schedule and route of delivery of the postal items between aimags, capital city and cities;

/This provision was amended by the Law dated on January 27, 2005/

/This provision was amended by the Law dated on May 30, 2019/

10.2.2. By the Governors of the respective level, the schedule and route of delivery of postal items within aimags, capital city, soums, districts, bags, cities and villages developed by the service provider.

/This provision was revised by the Law dated on May 30, 2019/

10.3. The delivery of international postal items shall be regulated by an international treaty of Mongolia established between competent postal authorities of the two parties or an agreement between service providers.

Article 11. Operation of postal network

/This provision was amended by the Law dated on May 30, 2019/

11.1. The delivery of postal items to the addressee through receiving, processing, transmitting and exchanging them shall be carried out via the postal network.

11.2. The postal core network used for the services specified in Article 12 of this Law shall be owned by the state.

11.3. The service provider may establish its own postal network to provide its service.

Article 12. Universal postal service

12.1. The universal postal service shall include the service to deliver postal items to all citizens, business entities and organizations in the territory of Mongolia within the time period specified in Article 9.1.6 of this Law, regardless of the location and delivery capacity.

/This provision was amended by the Law dated on May 30, 2019/

Article 13. Electronic postal service

/The title of this article was amended by the Law dated on May 30, 2019/

13.1. The service provider may conduct electronic postal service.

/This provision was amended by the Law dated on May 30, 2019/

13.2. Electronic postal service shall include the delivery of fax, public electronic mail, electronic trade and electronic documents etc. through the postal network.

/This provision was amended by the Law dated on May 30, 2019/

Article 14. Financial service

14.1. The service provider may conduct the requested trade of postal items in accordance with the conditions and requirements of the license approved by the Regulatory Commission.

/This provision was revised by the Law dated on May 30, 2019/

14.2. In addition to those specified in Article 14.1 of this Law, the service provider may conduct other financial services including savings, insurance, pension, allowance or salaries in accordance with the legislation.

/This provision was revised by the Law dated on April 26, 2018/

Article 15. Postal tools

15.1. Postal tools shall consist of equipment, post bag, post box and other tools for receiving, processing, transporting and delivering postal items.

15.2. Postal tools may be owned by the state, aimags, capital city, soums, districts, citizens and legal entities.

/This provision was revised by the Law dated on April 26, 2018/

15.3. The service provider may use the property of a citizen or legal entity on a contractual basis for the purpose to provide postal service.

 

CHAPTER FOUR

RIGHTS AND DUTIES OF SERVICE PROVIDER AND CUSTOMER

Article 16. Rights and duties of service provider

16.1. Service provider shall have the following rights:

16.1.1 To participate in international postal services and cooperate with similar foreign legal entities;

16.1.2. To use own products such as envelopes and postcards in its services;

16.1.3. To establish, expand and close down the postal network;

16.1.4. To resolve the issue to perform certain postal services by other entity on contractual basis, if it deemed necessary and monitor the implementation;

16.1.5. To undertake monitoring on postal items in accordance with the relevant procedures, require the customer to seal the postal items and refuse to accept items prohibited to be delivered.

16.1.6. To use logo and special clothing of the organization;

16.1.7. Other rights specified in the legislation and contract.

16.2. Postal designated operator shall have the following rights in addition to those specified in Article 16.1 of this Law:

            16.2.1. To organize the issuance of postage stamps in line with the policy specified in Article 7.1.5 of this Law;

16.2.2. To possess, use and lease the postal core network, its tools and other property in accordance with relevant procedures.

/This article was invalidated by the Law dated on January 18, 2007/

16.3. Service provider shall have the following duties:

16.3.1. To provide accessible and efficient postal services to public;

16.3.2. To have necessary tools to provide postal services;

            16.3.3. To provide or inform the customer with information about the term determined to provide postal services, quality of postal services and compliance with national standards;

/This provision was amended by the Law dated on May 30, 2019/

            16.3.4. To notify in prior the Regulatory Commission and customers to establish, expand and close down the postal network;

            16.3.5. To maintain the network open for other service providers to be connected;

/This provision was added by the Law dated on May 30, 2019/

16.3.6. To accumulate assets in the universal service obligation fund in accordance with Article 22.2 of the Law on Government Special Funds;

            /This provision was added by the Law dated on May 30, 2019/

            16.3.7. Other duties stipulated by the law and contract.

/This provision was amended by the Law dated on May 30, 2019/

16.4. Postal designated operator shall have the following responsibilities in addition to those specified in Article 16.3 of this Law:

16.4.1. To introduce modern advanced technique and technology in its services;

16.4.2. To provide universal service specified in Article 12.1 of this Law;

16.4.3. To not terminate postal service except otherwise specified in the law.

/This article was invalidated by the Law dated on January 18, 2007/

16.5. An employee of the service provider specified in Articles 16.1 and 171.1 of this Law shall an unimpeded access to the customer`s territory and all types of transport stations, local road posts, bridges and parking lots without any charges.

/This provision was amended by the Law dated on January 18, 2007/

/This provision was amended by the Law dated on May 30, 2019/

Article 17. Rights and duties of customer

17.1. Customer shall have the following rights:

            17.1.1. To require services conforming the standards from the service provider and get information;

17.1.2. To be compensated in accordance with the Civil Code, in case of loss or damage of a postal item;

17.1.3. Other rights specified in the law and contract.

17.2. Customer shall have the following duties:

            17.2.1. To provide accurate information about the item to be sent;

            17.2.2. To pay fee of postal service in accordance with relevant procedures;

            17.2.3. Other duties specified in the law and contract.

Article 171. Rights and duties of postal designated operator

/This provision was added by the Law dated on January 18, 2007/

171.1. Postal designated operator shall have the following rights:

171.1.1. To manage and organize the matters to issue the postage stamps in line with policy specified in 7.1.5 of this Law;

171.1.2. To possess and operate the postal core network, its tools and other property, and lease it to service providers on equal conditions in accordance with relevant procedures.

/This provision was amended by the Law dated on May 30, 2019/

171.2. Postal designated operator shall have the following duties:

            171.2.1. To renovate and expand the postal core network through introducing modern advanced techniques and technologies;

            171.2.2. To provide universal services specified in Article 12.1 of this Law and take measures to constantly deliver postal services, except otherwise specified in the law.

171.2.3. To be responsible for the implementation of international treaties of Mongolia.

/This provision was added by the Law dated on May 30, 2019/

 

CHAPTER FIVE

TARIFFS OF POSTAL SERVICE

Article 18. Tariffs

18.1. The service provider shall submit its proposal on domestic and international postal service tariffs to the along with the grounds and calculation to the Regulatory Commission.      

18.2. The Regulatory Commission shall review the proposal on service tariffs and submit relevant proposal to the service provider within 14 days.

18.3. The service provider shall make a decision to set service tariffs considering the proposal of the Regulatory Commission.

18.4. The decision specified in Article 18.3 of this Law shall be informed to public within 15 days after the decision is made.

 

CHAPTER SIX

TYPE AND CLASSIFICATION OF POSTAL ITEMS

/The title of this chapter was amended by the Law dated on May 30, 2019/

Article 19. Type and classification of postal items

/The name of this article was amended by the Law dated on May 30, 2019/

19.1. Postal items shall have types of ordinary, guaranteed and value-declared with the following features:

            19.1.1 Ordinary item shall include ordinary letter with postage stamps affixed by the customer as in the tariff, and packet and parcel except those of insured and value-declared;

            19.1.2. Guaranteed item shall include letter, packet and parcel paid additional fee for guaranteeing by a service provider and sent on the condition to hand over to the addressee.

            19.1.3. Value-declared item shall include letter, packet and parcel evaluated by the customer and sent with additional fee. 

19.2 Postal items shall be classified as regular and express by a period of delivery to the customer.

/This provision was added by the Law dated on May 30, 2019/

Article 20. Classification of postal items and delivery period

20.1. Postal items shall be classified as regular, urgent and express by a period of delivery.

20.2. Regular items shall be delivered within 2 days within the city, 5 days between aimags and cities, and within 12 days to other areas.

20.3. Urgent items shall be delivered within 1 day within the city, 3 days between aimags and cities, and within 10 days to other areas.

20.4. Period for delivery of express items shall be determined in accordance with the contract and be shorter than the period specified in Article 20.3 of this Law.

/This article was invalidated by the Law dated on May 30, 2019/

Article 21. International postal items

/This article was revised by the Law dated on May 30, 2019/

21.1. International air and land postal services shall be complied with international treaties of Mongolia, agreements between service providers, this Law and other relevant legislation.

21.2 An international postal item means a postal item delivering to Mongolia from abroad, sending from Mongolia to abroad or transiting through Mongolia.

 

CHAPTER SEVEN

SPECIFIC OPERATION OF POST

Article 22. Language to be used for postal operation

22.1. Postal service provider in the territory of Mongolia shall conduct its official affairs in Mongolian language.

22.2. Clearance of international postal items shall be made in language specified in the international treaty of Mongolia.

Article 23. Unaddressed postal items

23.1. Unaddressed postal item means a postal item unable to define the address due to no or incomplete address, identify the person indicated in the address and deliver to the appropriate owner.

23.2. An employee of the postal service provider shall open an unaddressed postal item upon expiration of storage period specified in Article 7.1.7 of this Law in order to define the address of the person receiving or sending it in accordance with following procedures:

/This provision was amended by the Law dated on January 18, 2007/

            23.2.1. Two or more employees of the service provider shall present to open the postal item;

            23.2.2. The process of open of the postal item shall be noted in written.

23.2.3. In case of prohibited item specified in 24.1 of this Law contains in postal item, it shall be transferred to the relevant authority.

23.3. In case of the address of the person receiving or sending the postal item is defined after the open, he/she shall be notified of the relevant reasons and grounds.

23.4. In case of the activities specified in Articles 23.2- 23.3 of this Law have been carried out but the owner of the address cannot be determined, the postal item shall be transferred to the relevant authority or disposed in accordance with the procedure specified in 7.1.7 of this Law.

/This provision was amended by the Law dated on May 30, 2019/

Article 24. Prohibitions on postal operation

24.1. Following items shall be prohibited to be sent through post:

            24.1.1 Firearms, bullets, combat weapons and any other imitation of firearms specified in the Article 3.1.1, 3.1.2, 3.1.3, 3.1.4, 3.1.6 of the Law on Firearms, and toxic and hazardous chemicals and materials having dangerous affect to the environment as specified in Article 3.1.1 and 3.1.2 of the Law on Toxic and Hazardous Chemicals;

/This provision was revised by the Law dated on May 30, 2019/

            24.1.2. Pests of plants and animals

            24.1.3. Narcotic drugs, psychotropic substances and their raw materials specified in Articles 3.1.1 and 3.1.4 of the Law on Control on the Narcotic Drugs and Psychotropic Substances;

/This provision was revised by the Law dated on May 30, 2019/

            24.1.4. National or foreign currency, unless otherwise provided by law;

/This provision was amended by the Law dated on May 30, 2019/

            24.1.5. Perishable food products;

            24.1.6. Publications, books, pictures, movies, videos, and other materials advertising pornography;

            24.1.7. Other items prohibited by law.

24.2. It is prohibited to lose, damage and open all types of postal items passing through the postal network, disclose information confidentiality, and counterfeit or copy postage stamps.

Article 25. Postage stamp

25.1. Postal item shall have a postage stamp with the highlighted word of “Mongolia”.

25.2. A postage stamp is a type of valuable post note symbolizing the independence of Mongolia and confirming the payment of postal items.

/This provision was revised by the Law dated on May 30, 2019/

25.3. The Government shall approve the policy for the production, sale and storage of valuable post notes.

/This provision was added by the Law dated on May 30, 2019/

 

CHAPTER EIGHT

SUPERVISION AND LIABILITIES

 

Article 26. Control over the operation and service of the postal network

26.1. The state inspector shall monitor the operation, service, production function and implementation of technical and technological standards of the postal network in accordance with the legislation.

Article 27. Liabilities to be imposed for violation of law

27.1. In case of actions of an official violating this Law are not criminal nature, he/she shall be subject to liability specified in the Law on Civil Service of Mongolia.

27.2. Person or legal entity that violates this Law shall be subject to liability specified in the Criminal Code or Law on Violation.

/This article was amended by the Law dated on December 04, 2015/

 

CHAIRMAN OF STATE GREAT KHURAL OF MONGOLIA                             TUMUR-OCHIR.S