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LAW OF MONGOLIA

January 03, 2003 Ulaanbaatar city

 

ON STATE INSPECTION

CHAPTER ONE

General provisions

Article 1.Purpose of the Law

1.1.Purpose of this law is to determine the institutional structure of the state inspection system and the legal bases of state administrative inspection, and to coordinate relations concerning the implementation of state inspection.

Article 2.Legislations on State Inspection

2.1.Legislations on state inspection shall consist of this law and other legal acts.

Article 3.State Inspection System and Scope

3.1.State inspection shall consist of the inspections by the Parliament, the President, State Audit Institution and public administration institutions (hereinafter referred to as ‘professional inspection’), inspections by the Constitutional Court, the court, and the prosecutor, and inspections to be carried out by local organizations of self-governance under the present law.

3.2.Inspections by the Parliament and the President, inspections of the Constitutional Court, the court, and prosecutor, and state audit shall be governed by their respective laws.

3.3.Inspections by the Government, ministries, agencies, and governor’s offices of all levels of administrative units, professional inspections authorized by legislations, and relations concerning the inspections to be carried out under the present law shall be settled under the present law.

Article 31.Terminologies of law

31.1.Terminologies used in this law shall be understood as follows:

31.1.1.“Inspection” refers to a set of monitoring measures that concludes if activities /action or non-action/ conducted by an individual or a legal body, goods and commodities being produced or sold, and works and services provided meet the requirements specified in the corresponding laws and regulations;

31.1.2.“Inspection method” refers to activities conducted by an officer of the organization authorized to conduct an inspection and activities of a researcher and research institution that have been drawn into the inspection process as their duties have been specified in the procedure. These activities include revising documents that are relevant to the given inspection, inspecting the territory, buildings and facilities, rooms and offices, and other establishments (locations) where the company conducts its activities, equipments and appliances, transportation vehicles and products and shipments, as well as taking samples from the surrounding area where the production, services and trading take place and conducting experiments, and doing analyses in order to determine the relationship between the damages occurred and violations;

31.1.3.“inspection record” refers to the registration of all inspections into the database, in accordance with corresponding procedures.

/The article 31 has been added with the law dated June 10, 2010/

Article 4.Principles of State Inspection

4.1.State inspection (hereinafter referred to as ‘the inspection’) shall be based on the following principles.

4.1.1.State of human life, health and social safety and safety of the surrounding environment overweighs any other interests and goals;

4.1.2.The inspection shall be conducted based on the grounds stated in the law and activities of the organization authorized to conduct independent and fair inspection shall be open and transparent;

4.1.3.Costs related to the inspection shall be funded from the state budget, and it is not to require the inspected body to cover the cost of any payments in relation to the inspection, unless otherwise specified in the law;

4.1.4.It is to ensure equal treatment to the inspected body and to respect his/her legal rights and interests, and communicate with respect;

4.1.5.The inspection work plan shall be prepared based on the establishment’s risk category;

4.1.6.The inspection shall be conducted only against laws and the legal documents registered as the public to follow and only the inspection organization and officials who are legally authorized to conduct the inspection shall implement the action;

4.1.7.The inspection cannot be overlapped, and results and conclusions drawn by a state authorized organization shall be mutually acceptable by the organization authorized to implement inspection.

/The article 4 has been revised with the law dated June 10, 2010/

Article 5.General rationale and procedures to conduct inspection

5.1.The organization authorized to carry out inspections (hereinafter referred to as ‘the inspection organization’) shall conduct inspections according to rationale and procedures specified in the law, and the inspections can be classified as planned and unplanned, and performance inspections.

5.2.Planned and unplanned inspections shall be conducted in accordance with a guideline approved by the authorized inspection official, in which the following information has to be included.

5.2.1.Date (year, month, day) and general number of the guidelines;

5.2.2.Purpose and rationale of the inspection;

5.2.3.Types and methods of the inspection;

5.2.4.Scope of the inspection, names of the companies, individuals and establishments to be included in the inspection;

5.2.5.Composition of the inspection team and the head of the inspection team;

5.2.6.Beginning and ending dates of the inspection; and

5.2.7.Information on the inspection conducted prior to this inspection.

5.3.In the case where a situation emerges causing or about to cause threats to human life, health and the surrounding environment and large amount of damage in direct and indirect ways, immediate measures shall be taken upon the decision of corresponding officials of the state central administrative organizations in charge of professional inspection and emergency management without guidelines specified in article 5.2 of this law.

5.4.The inspection cannot be conducted in a way to prove a conclusion that has been drawn in advance on the issue of concern.

5.5.The inspection team may include government and non-government professional organizations, researchers, research institutions and individuals.

5.6.Before the inspection starts, the authorized officials shall introduce purpose of the inspection and the inspection team and give a copy of the inspection guidelines and the inspection sheet. The state inspector shall show his/her identification.

5.7.The inspection shall be conducted within the frame of the questions included in the guidelines and the inspection sheet.

5.8.If required, the state inspector may document the inspection process and violations revealed (photo pictures and video recording); and the inspected body and its legal representative or an authorized official may also document the inspection process, inspector’s behaviour, and violations revealed.

5.9.During the inspection process, the state inspector shall make the inspection note in two copies, out of which, one has to be provided to the inspected body. The following information shall be included in the inspection note:

5.9.1.Inspection process and the condition identified by the inspection;

5.9.2.State inspector’s recommendation and conclusion;

5.9.3.Recommendation and request of the inspected.

5.10.The inspected body shall get acquainted with the inspection note and certify it with his/her signature. If the inspected body refuses to sign the note, then it has to be reflected in the note.

5.11.The state inspector shall inform about the inspection note and the results to the state inspector at higher level within 5 working days from the date when the inspection has taken in place.

5.12.In case where the state inspector temporarily stopped the operations or condemned the property of the inspected body in order to stop the violations that have been revealed as a result of the inspection, the state inspector at higher level shall review the decision of the state inspector within 5 working days and issue a decision on whether to change or not, and officially inform the inspected body in writing. This provision cannot be applied to environmental inspection.

5.13.In the case where the inspected immediately remedied/corrected the violations revealed during the inspection while fully met the requirements, a fine or penalty placed on the violation can be reduced or annulled based on the request of the inspected body and the results of the next inspection. This decision can only be made by the state inspector at higher level.

5.14.Information of each inspection shall be entered into the database on inspection records.

5.15.It is prohibited that the inspection organization, officials and other bodies participated in the inspection process is to use the information obtained during the inspection process with other purposes.

5.16.A report of the inspection results and other documents should be developed in accordance with the respective procedures and signed by the inspectors.

5.17.Unless otherwise stated in the law, the inspection organization shall make the inspection report available to public within 10 working days from the date when inspection results are finalized.

5.18.If the state inspector violated corresponding procedures specified in the legislation or state inspectors’ ethical norms during the inspection process, the inspected body may file a complaint to the authorized official of the inspection organization or the Ethics Committee next to the state central inspection organization.

/The article 5 has been revised with the law dated June 10, 2010/

Article 51.Planned inspection

51.1.State central inspection shall approve annual inspection plans of the central and local professional inspection organizations that have been developed based on risk assessment and shall announce to the public before December 1 of the preceding year.

51.2.The inspection organization shall inform the inspected body about the inspection at least 5 days prior to the inspection via post, phone, or in person. The inspection notice shall include name of the organization that will conduct the inspection, and beginning and end dates of the inspection.

51.3.Unless otherwise specified in the law, the planned inspection on the given establishment cannot go on for more than 15 days, which cannot be applied to financial inspection and will not include a time required for writing the inspection report.

51.4.When conducting a planned inspection, a representative of the legal body in question has to appear, and non-presence of the authorized official cannot be a reason of postponing the inspection.

/The article 51 has been amended with the law dated June 10, 2010/

Article 52.Unplanned inspection

52.1.Unplanned inspection can be conducted based on application, request, complaint and information received from individuals and legal entities and the decisions made by the authorized organization, and/or in the case where damages occurred to human life, health and surrounding environment in direct and indirect ways such as accident, communicable disease and poisoning and other cases specified in laws and regulations.

52.2.The individuals, legal entities and organizations specified in 52.1 of this law shall submit their application, requests and information to the inspection organization along with the proof of documents, and the inspection organization shall start the inspection process within 5 working days, if it considers the application, request and information are reasonable.

52.3.Unplanned inspection shall be conducted only within the issues reflected in the rationale and guidelines.

52.4.Unless otherwise stated in the law, the total unplanned inspection time on the given establishment cannot exceed more than 10 working days, which will not include a time required for writing the inspection report.

52.5.It is prohibited to conduct an unplanned inspection except it has been specified in article 52.1 of this law.

/The article 52 has been amended with the law dated June 10, 2010/

Article 53.Performance inspection

53.1.The performance inspection shall be carried out with purpose of monitoring the implementation of the official demand given by the inspection organization to remedy the violations revealed by the preceding inspection.

53.2.The performance inspection shall be carried out only within the frame of the violations revealed by the preceding inspection and the official demand to treat cause and consequences of the violation.

53.3.The inspected shall be informed about the performance inspection at least 2 working days prior to the inspection.

/The article 53 has been amended with the law dated June 10, 2010/

Article 54.Risk classification of establishments under inspection

54.1.Depending on damages and consequences that may be caused to human life, health and the surrounding environment, the risk status of establishments shall be classified as low, medium and high.

54.2.The Government shall establish requirements and indicators to be used in classifying risks specified in 54.1 of this law.

54.3.Based on the requirements and indicators specified in 54.2 of this law, a list of establishments included in the risk categories and frequency of inspections to be conducted shall be approved by the Cabinet Member of the Government in charge of professional inspection issues in all inspection types.

/The article 54 has been amended with the law dated June 10, 2010/

Article 55.Taking samples for testing

55.1.If samples need to be taken from the product /hereinafter referred to as “the sample”/, the state inspector shall issue a receipt which shall include the following information:

55.1.1.date of the receipt and location where it was issued;

55.1.2.name and address of the inspected;

55.1.3.name of the representative of the inspected body and his/her work title, who was present at the time of issuing the receipt;

55.1.4.father /mother/’s name and the given name of the state inspector who has taken the samples;

55.1.5.rationale and necessity of taking a sample;

55.1.6.name of the country from which the product is imported from and name of the producer;

55.1.7.date when the samples were taken, name of the product and its type, packaging, and the serial number, date produced and best-before date, and import volume and number samples taken.

55.2.The receipt specified in article 55.1 of this law shall be produced in three copies, and the inspected and the accredited laboratory shall receive one copy each, and the rest shall be attached to the inspection document.

55.3.State inspector shall take samples in accordance with relevant procedures and shall ensure their wholeness and hygienic, quality, storage and temperature conditions. A procedure on taking samples and storing and transporting the samples shall be approved by the Cabinet member of Government in charge of professional inspection issues.

55.4.The inspected reserves a right to present during the process of taking samples and file a request and complaint.

55.5.If the samples taken shall affect the normal industrial operations of the inspected, then the samples will be returned after the testing.

55.6.The inspection organization shall pay a price for the samples; and a methodology to set a price of the given product shall be approved by the Cabinet Member of the Government in charge of financial issues. In order to determine a price of the product, one has to take into account of a wholesale /market/ price of the product in past six months.

/The article 55.6 shall be in effected from January 1, 2011/

55.7.If the tests reveal that the samples are not meeting the requirements specified in laws, regulations and the standards, the tests have been done again, or there is an outburst of food-born diseases, the inspected shall pay the cost of the testing.

55.8.This article cannot be applied to border inspection.

/The article 55. was amended with the law dated June 10, 2010/

CHAPTER TWO

Inspection authority of state administrative organisation

Article 6.Government Authority

6.1.The Government shall report about the actions taken for the enforcement of laws and their results to the Parliament annually.

6.2.The Government shall analyze the measures and actions taken by the Government, ministries, agencies, institutions of specialized inspection, and local administrative organizations for the enforcement of the legislations, Presidential decrees, and Government decisions and introduce measures for improvement.

6.3.The Government shall work to create effective administrative inspection system and direct the mutual efforts of institutions of specialized inspection towards the common goals.

6.4.The Government shall establish a common procedure on organizing an internal inspection on operations of legal entities and organizations.

/This part was revised with the law dated June 10, 2010/

6.5.The Government shall exercise other rights entitled by the laws.

Article 7.Authority of Ministries, Agencies and other administrative organizations established by the Government

7.1.Public administration institutions shall organize activities aimed at enforcing the legislations, presidential decrees, and Government decisions within their respective branches, subordinates, and legal entities and shall report on the implementation status and results to the Government.

7.2.Based on the general procedures set by the Government, public administration institutions shall develop and approve an internal inspection procedure designed for their respective subordinate organizations and legal entities .

7.3.Public administration institutions shall inspect the enforcement status of the legislations, presidential decrees, and decisions of the Government within the respective subordinates and juridical bodies of full or partial state ownership and hear their management reports if necessary.

7.4.Public administration institutions shall take measures to documentation inspection regarding the exploitation, preservation, and protection of state property of their subordinate organizations and legal entities and their financial and accounting related performances.

Article 8.Authority of the Governors of All Levels

8.1.Governors at all levels of administrative units shall exercise the following rights:

8.1.1.To inspect the enforcement status of legislations, presidential decrees, decisions and resolutions of the Government and government organizations, and Citizens’ Representative Meeting among the organizations and legal entities at their territories regardless of their jurisdiction and property type;

8.1.2.To take measures and actions to deliver, publicize and enforce legislations, presidential decrees, decisions and resolutions of the Government and government organizations, and Citizens’ Representative Meeting at their territories and inform the governors of higher levels or the Government of the results.

8.2.Governors of provinces and capital city shall have the following rights:

8.2.1.To develop and approve for enforcement an internal inspection procedure designed for their governor’s administrative offices at lower levels, respective subordinate organizations and legal entities , based on the general procedures set by the Government;

8.2.2.To organize activities to check on the enforcement status of legislations, presidential decrees, decisions and resolutions of the Government within the respective territories and suggest recommendations for improvement to the President and/or the Government;

8.2.3.To take measures to carry out inspections on documentations regarding the exploitation, preservation, and protection of state property of their subordinate organizations and legal entities and their financial and accounting related performances.

8.3.Governors of districts and lower levels of administrative units shall exercise the following rights:

8.3.1.To hear and review the reports of managers of organizations and legal entities at their territories regarding the actions and measures taken to ensure the enforcement of legislations, presidential decrees, decisions and resolutions of the Government and government organizations, and Citizens’ Representative Meeting and assign duties and responsibilities for better results.

Article 9.Professional inspection organization and its full authority

9.1.The state professional organization shall have integrated and centralized management and it will be funded from the state budget.

9.2.The state professional organization shall consist of the state central professional organization, aimag and the capital city professional inspection departments, border inspection unit and state professional inspectors at soum level.

9.3.The state inspection central organization shall exercise the following power:

9.3.1.To monitor the implementation of laws and legal documents registered which is mandatory for all public to follow, as it specified in the law;

9.3.2.To research implementation and application of procedures set by the authorized government organizations for all public to follow, integrate the findings, and develop recommendations for improvement to organizations and institutions concerned, and submit the report to the Government once a year;

9.3.3.To approve an inspection procedure, guidelines, sample forms, methodology and general technical requirements on each type of inspection and standards of inspection process and inspection sheet depending on the risk category;

9.3.4.To provide local professional inspection departments with professional, methodological and management support;

9.3.5.To organize measures to train and re-train professional inspection officials, and ensure their working conditions and social protection;

9.3.6.To keep and update a general database on inspection records;

9.3.7.Other rights specified in the legislations.

9.4.The professional inspection organization shall not bear any duty to generate income for state budget.

9.5.A list of procedures, guidelines, legislation and other legal acts with respect to professional inspection as specified in article 9.3.3 of this law shall be open and accessible to public.

9.6.Certain duties and responsibilities of professional inspection organization or authorities that are not applicable to the full authority of the state inspector can be assigned to a non-government professional organization.

/This part was revised with the law dated June 10, 2010/

Article 10.State professional inspector and its full authority

10.1.The central professional inspection organization shall have personnel such as a state general inspector, branch state general inspector, a state senior inspector; a state inspector. The local organization shall have a regional state senior inspector, a state senior inspector and a state inspector.

/This article was amended by the Law, of June 10,2010/

10.2.The Chairman of the central professional inspecting organization shall be selected among the nominated candidates pursuant to the article 35.1.1 of the Law on Public Service and be appointed, dismissed by the Prime Minister of Mongolia.

/This paragraph was amended by the Law, of January 1, 2013/

/This paragraph was amended by the Law, of 7 December 2017/

10.3.The head/chair of the central organization for specialized inspection shall be a general state inspector of specialized inspection. The general state inspector shall be authorized by the Government.

10.4.In central and local organization of professional inspection shall have personnel such as a branch state general inspector, a state senior inspector, a state inspector and state general inspector shall grant a license to them or other person who have a license of state inspector according to the law.

/This article was amended by the Law, of June 10, 2010/

10.5.The head/chair of the central organization of the specialized inspection shall, in consultation with the Governor of the capital city, appoint the head of the local organization of specialized inspection.

10.6.The head/chair of the local organization for specialized inspection shall be a senior state inspector of specialized inspection.

10.7.The senior inspector shall appoint and dismiss state inspectors at the local organization for specialized inspection.

10.8.State inspectors shall use ID cards with business and personal numbers assigned by the authorized official[s], badges, and printed papers for letters of demand, conclusion reports, and fines.

10.9.State inspectors shall exercise the following common rights:

/This part was revised with the law dated June 10, 2010/

10.9.1.To inspect or monitor the enforcement of special rules and procedures set by the authorized organizations and/or institutions under laws for compliance within certain areas of management;

10.9.2.To have free access to the target organizations and institutions for inspection;

10.9.3.To employ professionals into inspection activities through consulting with the relevant organization while performing inspections and assign professional institution[s] for laboratory testing when necessary;

/This article was annulled with the law dated June 10, 2010/

10.9.4.To have relevant organizations, legal entities , and/or officials to submit data, researches, references, and other documents required for the inspection at no charge;

10.9.5.To obtain and/or transfer product samples within the limited numbers set by the authorized organization of administrative inspection free of charge through making records;

/This article was annulled with the law dated June 10, 2010/

10.9.6.To confiscate illegally gained revenues or assets of the organizations, legal entities and individuals as public revenues and make records; to have losses covered incurred by other under the relevant laws;

/This article was annulled with the law dated June 10, 2010/

10.9.7.To terminate operations, business, production or service that may be dangerous, or harmful or proven harmful to human life, health, and the environment for a temporary period in whole or partially until the corrective measures are taken; disinfect or sterilize necessary items; terminate the operation of machineries and equipment in the construction in question; ban the sales of given products and dispose the products; make decisions for exploitations for different purposes if appropriate; and inform the public of the decisions. In the event of failure of fulfilment of the decisions; rule to terminate the production or services entirely;

/This article was revised with the law dated June 10, 2010/

10.9.8.To order relevant organizations, legal entities , individuals and officials to take measures to stop violations and remedy their root causes and assign time-bound duties and tasks for implementation;

/This article was revised with the law dated June 10, 2010/

10.9.9.To submit the report of the inspection along with the relevant documents to the respective authorized institution in the event serious accidents occurred causing loss of life or damage to health or the breaches of criminal nature have been revealed during the inspection;

/This article was annulled with the law dated June 10, 2010/

10.9.10.State inspectors shall be obliged to respect and observe the laws; carry out loyal services respect the lawful interests and reputation of the government, organizations, legal entities , and officials; refuse to perform inspections relevant to their spouses, family members, or relatives; and perform full and satisfactory inspections;

10.9.11.State inspectors shall be fully responsible for the accuracy of the inspections performed, conclusions drawn thereof, letter of demand, data, and the proof;

10.9.12.To impose sanction in accordance with the Law of Offense;

/This provision was revised by the law dated December 4, 2015/

10.9.13.Other rights specified in the law[s].

10.10.Sovereignty of the state inspectors shall be set by the administrative laws on inspection.

10.11.Head/chair of inspection organization in capital city and aimag shall be selected through competitive selection procedure among the civil servants working at state inspection organizations for at least 3 years in accordance with Article 17.1, Law on Civil Service.

/This article was amended with the law dated December 22, 2006/

/This paragraph was amended by the Law, of 7 December 2017/

10.12.In addition to the common rights specified in Article 10.9 of this law, the general state inspector and senior state inspectors shall exercise the following rights:

10.12.1.To involve professionals and specialists in the inspection process upon consultation with the relevant organizations, and have professional organizations to conduct laboratory test or analyses with purpose of examining the issue of concern;

10.12.2.To condemn income or properties illegally obtained by legal entities, organizations and individuals, and resolve the issue compensation of damages caused to others in accordance with relevant laws and regulations;

10.12.3.If the decision specified in article 10.9.7 of this law has not been fulfilled, the state inspector’s decision, unless otherwise stated in the law, shall be certified and enforced by a court or submit his/her recommendation and conclusion to the relevant organizations for resolution to completely terminate the activities of the production and services;

10.12.4.In the case where a serious accident occurred, human live lost and health damaged, and large volume of damages caused and the violation revealed has criminal characteristics, the inspection note and other relevant documents will be transferred to the corresponding authorized organization;

10.12.5.To approve guidelines of planned and unplanned inspections;

10.12.6.To resolve and respond claims and complaints filed against the state inspector’s activities and the inspection process.

/This part was amended with the law dated June 10, 2010/

10.13.Authorities that specified in provisions 10.12.2 and 10.12.3 of this law authorized by the soums state inspector in soums, which have not been a state senior inspector.

/This part was amended with the law dated June 10, 2010/

Article 11.Guarantee for State inspectors’ authority

11.1.State inspectors shall be provided with the following guarantee in addition to the work conditions, guarantee, additional guarantee, salary, remuneration, support, awards, pensions and allowances:

11.1.1.Reimbursing transportation costs (other than the taxis) incurred while travelling in the city or given area performing inspections by the given organization as specified in the relevant procedures;

11.1.2.In the event of loss of labour capability while exercising the inspection right, allowances for temporary labour capability loss in addition to the discrepancy of the salary shall be granted throughout the temporary loss period; In the event of disability, allowances for disability along with the salary discrepancy shall be granted for the entire disability allowance period;

11.1.3.In the event of loos of life while in service, one time irrevocable assistance of three months’ pay shall be granted to the family of the deceased;

11.1.4.State inspectors of environment and border shall be provided by labour safety clothing and technical devices to fulfil his/her duties of supervision and inspection;

/This part was amended with the law dated June 10, 2010/

/This article amended by the law, of January 23, 2015/

11.1.5.To have the police take measures to ensure his/her safety, if any contempt, slander, pressure or threat to life and health have realistically been threatened.

/This part was amended with the law dated June 10, 2010/

11.2.Allowances, pensions, and salary discrepancies specified in Article 11.1.2 and Article 11.1.3 shall be funded from the state budget fund and shall be covered by the faulty party.

CHAPTER THREE

Authority of Local Organizations of Self Governance, Other Organizations, and Judicial body with respect to inspection

Article 12.Authority of the Citizens’ Representative Meetings at all levels of Administrative Units and their Presidiums

12.1.The Citizens’ Representative Meeting of aimag, capital city, soum, and districts shall exercise the following rights:

12.1.1.To hear and review the reports of managers of organizations and legal entities at their territories regarding the actions and measures taken to ensure the enforcement of legislations, presidential decrees, decisions and resolutions of the Government and government organizations, and Citizens’ Representative Meeting and assign duties and responsibilities for better results;

12.1.2.To inspect the enforcement status of decisions of the given and higher levels of meetings at relevant organizations and legal entities regardless of their property type;

12.1.3.To discuss the answers and solutions to the questions and problems raised by representatives of the meeting in respect of ensuring the enforcement of legislations, presidential decrees, decisions and resolutions of the Government and government organizations and Citizens’ Representative Meeting of the given and higher level;

12.1.4.To recommend the dismissal of the Governor to the Prime Minister of the Governor of higher level in the event the Governor is deemed to have been unsatisfactorily exercising his/her rights in respect of the inspection on the enforcement of legislations, presidential decrees, decisions and resolutions of the Government and government organizations and Citizens’ Representative Meeting;

12.1.5.Other rights specified in the law[s].

12.2.The representatives of the Citizens’ Representative Meeting may exercise their rights specified in Article 12.1.1 in respect of hearing and discussing the reports of the organizations and legal entities and Article 12.1.2 at times other than meetings.

Article 13.Obligations of Organizations and legal entities with respect to Inspection

13.1.Organizations and legal entities shall be obliged to organize activities and take measures to ensure the enforcement of legislations, presidential decrees, decisions and resolutions of the Government and government organizations, and Citizens’ Representative Meeting and set internal inspection procedures for compliance based on the common procedure issued by the Government.

/This part was amended with the law dated June 10, 2010/

13.2.Organizations and legal entities shall be obliged to provide assistance, comply with the demands placed in respect of taking corrective measures for breaches and violations revealed and terminating illegal or unauthorized operations, and inform of the results within the specified period.

Article 14.Right to Complaint with respect to Decisions concerning the Inspection

14.1.In the event when the inspected organization, legal entity and their officials deem that legislations were violated during the inspection or the decisions made were not unlawful, they may submit their complaints to the management of the organization in charge of inspection.

14.2.Upon receipt of the complaints, the management of the organization shall take measures for review the inspection within 30 days. If the complaining organization, legal entities and their management or representative doesn’t agree with the decisions of the inspection organization, he/she may file a complaint to the court.

CHAPTER FOUR

Miscellaneous

Article 15.Penalties to officials with authority to exercise inspection

15.1.In the event of violations of the laws by the officials authorized to exercise the inspection, the official shall bear a responsibility as specified corresponding laws and regulations.

Article 16.Sanctions for breach of accounting legislation

/The title of this article was amended by the law of 4 December, 2015/

16.1.Unless an official who has breached the accounting legislation is subject to criminal liability, he or she shall be held liable as provided by the Law on Public Service.

/This part was amended according to the law of 4 December, 2015/

16.2.An individual, legal person who has breached this law is subject to the liability in accordance with Criminal law or Law on Offence.

/This part was amended according to the law of 4 December, 2015/

16.2.Imposition of administrative sanctions specified in Article 16.1 shall be a ground for exemption from other responsibilities stipulated by laws.

16.3.This law shall become effective commencing on January 03, 2003.

 

 

PARLIAMENT SPEAKER OF MONGOLIA S.TUMUR-OCHIR