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LAW OF MONGOLIA

June 19, 2015 Ulaanbaatar city

 

GENERAL ADMINISTRATIVE LAW

 

SECTION I

GENERAL PROVISIONS

CHAPTER ONE

COMMON PROVISIONS

Article 1.Purpose of the Law

1.1.The purpose of this law is to constitute basic legal rules to be applied in the activities of the administrative body when communicating with citizens and legal entities by means of issuing administrative act and administrative normative act, and concluding administrative agreement in order to implement the executive power within the public law.

Article 2.Administrative legislation

2.1.Law on the administrative activities shall consist of the Constitution of Mongolia, this Law and other laws enacted in conformity therewith.

Article 3.Scope of the Law

3.1.This law shall not apply to the following relations with respect to:

3.1.1.formulating a draft legislation, and legislative enactment;

3.1.2.entering into an international treaty to which Mongolia is a party;

3.1.3.resolving a crime and a legal dispute by the Constitutional Court, and courts of all levels;

3.1.4.Criminal inquiry and investigation, prosecutorial supervision over criminal procedure and mantainance of public order as well as enforcement of court decisions;

/This part was amended by the law of 18 May 2017/

/This part was revised by the law of 18 April 2019/

3.1.5.using armed force, and raising an army upon the declaration of state of emergency and war;

3.1.6.activities related to intelligence and direct implementation of production of the national security and foreign [relations] policy of the state;

3.1.7.Government decision with purpose to implement political decision of State Ikh Khural of Mongolia;

Note: ‘decision with purpose to implement political decision’ means the Government decision, inseparable from the decision of the State Ikh Khural, and its purpose is to implement the decision of the State Ikh Khural that is made within its special power provided by the article 25 of the Costitution of Mongolia and determines state external, internal policy.

/This sub-paragraph was amended by the law of 9 May, 2019/

/This sub-paragraph was amended by the law of 09 May 2019 and was vetoed by the President of Mongolia and such veto was accepted by the State Ikh Khural/

/This sub-paragraph was amended by the law of 13 June, 2019/

3.1.8.complaint resolution process of human right violation of the National Commission of Human Right of Mongolia.

/This sub-paragraph was added by the law of 23 January, 2020/

3.1.9.Disciplinary proceedings of a judge specified in the Law on Courts of Mongolia.

/This provision was added by the law of January 15, 2021/

3.2.This law shall apply to relations related to administrative activities of the Constitutional Court, courts of all level, investigation, prosecutor and bailiff offices except for those specified in Articles 3.1.3, and 3.1.4 of this law.

/This clause was annulled by the law of April 18, 2019/

3.3.This law shall regulate the relations other than those regulated the activities of administrative body under a separate law.

/This clause was annulled by the law of April 18, 2019/

3.4.The relations specified in paragraphs 3.1.3 and 3.1.4 of this Law shall be governed by respective laws, and other administrative activities shall be governed by this Law.

/This clause was added by the law of April 18, 2019/

Article 4.Principles of the administrative activities

4.1.The supreme principles of the activities of the State determined in Article 1.2 of the Constitution of Mongolia shall apply to the administrative activities.

4.2.The following separate principles shall apply to the administrative activities:

4.2.1.to be based on law;

4.2.2.to be prompt and continuous;

4.2.3.to maintain transparent and open for the activities other than those refer confidential under law;

4.2.4.to be effective;

4.2.5.to be consistent with its purpose and actual conditions, and its decision must be fully justified;

4.2.6.in case of making an administrative decision that may affect rights and lawful interests of other persons, to notify them in advance and ensure their participation lawful interest;

4.2.7.to challenge an administrative activity which has a conflict of interest, and to make such challenge possible;

4.2.8.to protect legal faith.

Note: Principle to protect legal faith means the event where a legal consequence has been arisen to a citizen and a legal person participating in an administrative activity within the framework of any public law relations, and such legal consequence may be tangible or expressed in monetary means. In the case stipulated in Article 48.2 of this law, the faith of a citizen and a legal person participating in administrative activities shall not be protected. The principle to protect faith shall not apply if the particular relation ends, even it may bring a positive consequence to the citizen and the legal person.

CHAPTER TWO

ADMINISTRATIVE BODY

Article 5.Administrative body

5.1.Administrative body means the below listed subjects of the public law that make an administrative order [binding order] on behalf of the public interest:

5.1.1.all central and local authorities that implement the executive power of the state;

5.1.2.an independent, non-governmental agency that complies with the legislation and makes administrative order, and other public organization similar to it;

5.1.3.a person who assigned the functions of an administrative body on the basis of law and public law agreement;

5.1.4.administration of fully or partially state owned organizations including school, hospital, press, telecommunication, transportation and energy authority of which fundamental services are necessarily used by the public;

5.1.5.local self-governing authority, and an authority specifically required under the law to refer a complaint with respect to decision and activity of such authority to the administrative court.

5.2.An administrative body may be established in order to resolve and regulate impermanent and one-time matter, and in case of its liquidation, the authorized person that established and appointed such administrative body shall be responsible for the legal consequences thereof.

5.3.The Parliament of Mongolia, the Constitutional Court of Mongolia, the National Commission of Human Right of Mongolia, the courts and prosecutors offices of all level shall be deemed as an administrative body in connection with their administrative functions and orders except for the orders passed within the extent of their legitimate rights being the exclusive power of legislative enactments, resolution of crimes and legal disputes.

/This paragraph was amended by the law of 23 January, 2020/

5.4.An official who is granted with the exclusive power under the law to pass administrative order with respect to public law matters independently and solely on its own behalf shall be deemed as an administrative body.

Article 6.Representation of an administrative body

6.1.Managing official who is authorized by the law shall represent the administrative body without a power of attorney as provided in the law, or based on the power of attorney under the decision of the managing official who is authorized under the law.

6.2.Any decision of an administrative body with joint management shall not be made by a sole member, a minority vote, or any unauthorized member.

6.3.An administrative body, whose powers are represented, has the right to terminate such representation at any time.

Article7.Non-representation of an administrative body

7.1.Limitations set forth in Article 14 of the Law of Mongolia on Regulation of public and private interests in the public services, and prevention of conflict of interests shall be adhered to when representing an administrative body in administrative decision making procedure.

7.2.Should an urgent circumstance arise in administrative decision making procedure, the person specified in Article 7.1 of this law may participate.

Article 8.Delegation of power of an administrative body

8.1.Unless stated in the law, an administrative body shall be prohibited to delegate its powers specifically provided by law to others.

Article 9.Jurisdiction of an administrative body

9.1.Function and territorial jurisdiction of an administrative body shall be determined by law and decision made based on that law.

9.2.Official address of an administrative body shall be registered in accordance with its territorial jurisdiction.

9.3.If a given issue deals with functions of multiple administrative bodies, it shall be resolved by the first level administrative body, and if the issue deals with function of the same level administrative body, then the administrative body that received the issue initially shall resolve the issue which refers to its own functions.

Article 10.Mutual assistance between administrative bodies

10.1.An administrative body may receive assistance from other administrative body by making request in writing, in the following cases:

10.1.1.if an administrative body is not legally capable of running any activity;

10.1.2.if an administrative body is substantially lack of human resources, structure, or system that is necessary to operate;

10.1.3.an administrative body does not have information regarding actual circumstance, or is not able to obtain such information to perform its functions, thus it requires assistance from relevant professional bodies.

10.2.An administrative body shall be obliged to work with other administrative body who requests for assistance.

10.3.An administrative body who requests the assistance shall be responsible for any expense to be incurred in relation to resolving issues stipulated in Article 10.1 of this law.

10.4.An administrative body shall not provide assistance if:

10.4.1.it is prohibited by law;

10.4.2.it may cause serious damage to the public interests;

10.4.3.it is not possible to provide assistance on such particular issue under Law of Mongolia on Information transparency and right to information, Law of Mongolia on State and Official Secrets, Law of Mongolia on Company secrets, and Law of Mongolia on Personal secrets (Privacy).

/This Article has been revised by the law of 01 December, 2016/

10.5.An administrative body may not provide assistance if:

10.5.1.another administrative body is able to provide prompt assistance, or provide assistance at low cost;

10.5.2.it exceeds actual capacity of the administrative body;

10.5.3.the administrative body shall encounter difficulties in fulfilling its functions by providing assistance.

10.6.Resolution of the request of upper and lower level of administrative bodies, and implementation of particular activity by including it under the function of the administrative body by separate law shall not be considered as a mutual assistance.

CHAPTER THREE

ADMINISTRATIVE DECISION MAKING PROCEDURE

Article 11.Forms of administrative activity

11.1.Administrative activity shall be in the following forms:

11.1.1.an administrative act;

11.1.2.an administrative agreement; and

11.1.3.an administrative normative act.

11.2.If the forms of administrative activity are stipulated otherwise in the law, the administrative body shall apply it as provided in such law.

11.3.Unless otherwise stated in the law, an administrative body shall choose from the forms as specified in Article 11.1 of this law.

11.4.Unless otherwise stated in the law, and if it is impossible to choose from the forms as stated in Article 11.1 of this law, the administrative body shall establish other forms of administrative activity on its own.

Article 12.Administrative decision making procedure

12.1.Administrative decision making procedure shall be construed as a procedure connected with the decisions as stipulated in Articles 11.1.1 and 11.1.2 of this law.

12.2.Procedure for making decisions stipulated in Article 11.1.3 of this law shall be regulated under Chapter Six of this law.

Article 13.Participant of an administrative decision making procedure

13.1.Participant of an administrative decision making procedure (hereinafter referred to as the “Participant”) shall mean a person who makes petition and request to an administrative body, a person to whom the legal influence of an administrative act and administrative agreement is directly or indirectly influences on, and a person who is involved in the decision making procedure by the administrative body.

13.2.The person whose rights and lawful interests are violated due to an administrative decision making procedure shall participate in the administrative decision making procedure as a third party.

13.3.The person whose rights and lawful interests may be interfered due to an administrative decision making procedure shall, at his own request or at administrative body’s initiative, be drawn in the administrative decision making procedure based on consent of such participant.

13.4.In the event that a disabled person attends an administrative decision making procedure, he shall attend with the help of interpreter by using sign language and special signs.

Article 14.Legal capacity to participate in an administrative decision making procedure

14.1.A citizen, legal entity that has legal capacity stated in the law, and a person authorized by the law shall have the right to participate in an administrative decision making procedure.

14.2.The participant shall be required to have legal capacity and capability as stated in the law.

Article 15.Rights of a participant

15.1.A participant shall be entitled to the following rights when dealing with an administrative body:

15.1.1.to obtain information regarding administrative decision making procedure and make copy of relevant documents according to the procedure as provided by the law;

15.1.2.to obtain information about the authorized official who shall make the administrative decision under the procedure as provided in the Law of Mongolia on Information transparency and right to information, and Law of Mongolia on Regulation of public and private interests in public services, and prevention of conflict of interests;

15.1.3.to receive back original and copy of the documents that he/she submitted;

15.1.4.to provide evidence and submit necessary documents prior to the issuance of an administrative decision;

15.1.5.to obtain information relating to the project, activity and plan that he/she wants to implement, and application and request;

15.1.6.to review records and archive documents of the administrative body in compliance with the procedure stated in the law;

15.1.7.to demand the administrative body to carry out its function as obliged by the law;

15.1.8.other rights provided in the law.

15.2.The rights to access to information as indicated in Article 15.1 of this law shall be limited by information that is protected under the legislation on state, company, and personal secrets.

Article 16.Receiving legal and other professional consulting and assistance

16.1.A participant may receive legal and other professional consulting and assistance at any stage of an administrative decision making procedure.

Article 17.Representing in an administrative decision making procedure

17.1.A participant may have his/her representative participate in the administrative decision making procedure.

17.2.Unless otherwise stated in the law, the participant shall be represented on the basis of a power of attorney, and the power of attorney shall meet the requirements stipulated in Article 64.2 of the Civil Code of Mongolia.

17.3.A participant shall define the powers of the person who represents him/her through power of attorney.

17.4.A participant who has some and incomplete legal capacity shall be represented by his/her legal representative.

17.5.If an authorized representative has been appointed to administrative decision making procedure, the administrative body shall deal with such authorized representative. If the participant is obliged by law to participate jointly, the administrative body shall deal with both of them.

Article 18.Person to receive an administrative decision on behalf of the participant

18.1.If the participant does not have residential address in Mongolia, or does not reside in Mongolia permanently, he/she may nominate a person to receive the decision of administrative body on behalf of him/her within the timeframe set by the administrative body.

18.2.If the participant has not nominated the person stated in Article 18.1 of this law, the document addressed to him/her shall be deemed as handed over after five workdays in the capital city, and ten workdays in local area since the delivery of the documents through registered mail. If the document has been sent via email, it shall be deemed as handed over after five workdays of sending such document.

18.3.An administrative body shall notify the participant in advance of the legal consequences that can be incurred due to failure of the participant to nominate the person indicated in Article 18.1 of this law.

Article 19.Appointment of a representative

19.1.Governor of soum and district, where the administrative body locates, shall appoint a representative for the following participants to protect his/her rights and lawful interests:

19.1.1.participant without known identity;

19.1.2.participant without known residential address, participant who does not reside at his/her permanent residential address, or participant who fails to arrive for several times (two or more) without reasonable excuses;

19.1.3.participant who does not reside in Mongolia permanently and has not nominated the person to receive the decision on his/her behalf;

19.1.4.when it is required to exercise rights and duties in relation to items without ownership that are relevant to administrative decision making procedure.

Article 20.Representing several participants

20.1. 20 or more participants who submitted petition and complaint with the same meaning may collaboratively appoint a representative to participate in the administrative decision making procedure.

20.2.If the representative stated in Article 20.1 of this law has not been appointed within 14 days of notification of submission of the petition and complaint, the administrative body shall allow the first person who clearly provided his/her contact information and address to represent in the administrative decision making procedure.

Article 21.Summoning to an administrative body

21.1.If it is provided by law, the participant shall –appear in person at the administrative body, and may appoint and send his/her representative in other cases.

21.2.If the participant is required to appear in person, the notice shall be clearly indicate venue, date, time, purpose, and legal consequences in case of failure to appear.

21.3.At the request of the participant, the administrative body shall be liable to provide a statement confirming that the participant appeared at the administrative body in person.

Article 22.Commencement of administrative decision making procedure

22.1.An administrative body, at its own initiative, shall commence an administrative decision making procedure in order to carry out its functions as provided in the law, execute tasks as assigned by the upper level administrative body based on the petition and complaint submitted by the participant.

Article 23.Language of an administrative decision making procedure

23.1.An administrative decision making procedure shall be conducted in Mongolian language.

23.2.If the participant referred to the administrative body in a foreign language, a translation shall be attached thereto, and the participant shall be responsible for any consequence incurred due to difference in the translation.

Article 24.Determination of circumstance

24.1.An administrative body shall determine the actual circumstance relevant to the administrative decision making procedure.

24.2.An administrative body shall be responsible for collection and assessment of evidence, and necessary activity that are important for determination of the actual circumstance stated in Article 24.1 of this law.

24.3.When an administrative body determines the form and scope of the activity stipulated in Article 24.1 of this law, it shall make decision solely on its own by taking into account evidence, petition, and request submitted by the participant.

24.4.An administrative body shall be obliged to analyze in detail the grounds for each case that is relevant to the administrative decision making procedure, and determine the circumstance that is important to the participant.

24.5.An administrative body may not refuse to receive explanation, petition and request made with respect to its function during the administrative decision making procedure.

Article 25.Collection of evidence

25.1.An administrative body shall collect the evidence required for the determination of the circumstance for decision-making procedure in the following manners:

25.1.1.to collect important information;

25.1.2.to hear out the participant, and receive his/her explanation;

25.1.3.to involve expert to receive his/her conclusion;

25.1.4.to receive explanation from witness and a third party;

25.1.5.to review and copy document, law, and other decisions;

25.1.6.to test, if required;

25.1.7.to acquire inevitably necessary evidence at the participant’s request.

25.2.The participant may participate in the determination of the circumstance for administrative decision-making procedure to the extent as provided by this law.

25.3.An administrative body shall not demand from the participant information and evidence that remains or must remain in its custody.

Article 26.Hearing a participant

26.1.The participant whose rights and lawful interests may be interfered shall be given an opportunity to explain and express his/her opinion with respect to the consequences which are significant to pass an administrative decision prior to approval of an administrative act and an administrative agreement.

26.2.The procedure to take explanation and opinion from the participant as stated in Article 26.1 of this law shall be called the hearing procedure.

Article 27.Conducting a hearing procedure

27.1.An administrative body who makes an administrative decision shall define a person whose rights and lawful interests are interfered.

27.2.Notice of hearing procedure shall be delivered to the person whose rights and lawful interest are interfered in the following manners:

27.2.1.if there are twenty or less persons to hear, the notice shall be delivered directly to each person;

27.2.2.if there are twenty one or more persons to hear, the notice shall be delivered directly to the representative stipulated in Article 20.1 of this law, or it shall be delivered to such local community via the media, post, and other means that can be used to notify to them in advance.

27.3.Notice of the hearing procedure shall contain the following information:

27.3.1.rules to conduct the hearing, date, time, location, and order of the hearing procedure;

27.3.2.articles and provisions of law and administrative normative act that authorize the administrative decision making;

27.3.3.information regarding the issue on which the administrative decision shall be made, and its grounds.

27.4.Hearing procedure shall be held in the following ways:

27.4.1.arranging a hearing;

27.4.2.receiving opinions in writing;

27.4.3.meeting in person;

27.4.4.receiving opinions by telephone;

27.4.5.receiving opinions in electron form;

27.4.6.receiving opinions through representatives;

27.4.7.others.

27.5.Timeframe for hearing procedure shall allow opportunity for the participant to submit his/her explanation and opinion.

27.6.Process and result of the hearing shall be recorded, and information on how the opinion has been reflected in the administrative decision shall be prepared and documented.

27.7.It is not obligatory to reflect the opinion that was made during the hearing procedure in the administrative decision making procedure, however, it is obligatory to explain a reason for not reflecting such opinion.

Article 28.Not conducting a hearing procedure

28.1.The hearing procedure may not be conducted if:

28.1.1.it may have an adverse effect on public interests;

28.1.2.it is necessary to conduct an urgent procedure due to desperate situation, or for the public interests;

28.1.3.if petitions and complaints submitted by citizen, or legal entity are being resolved;

28.1.4.an administrative decision is being made with the help of technical devices;

28.1.5.an operation to implements an administrative decision is being conducted;

28.1.6.if the information refers to the information that are protected by the legislation on state, company and personal secrets, and not transferrable to others.

28.2.An administrative body shall be obliged to prove its reason for not conducting the hearing procedure stated in Article 28.1 of this law.

Article 29.Profile and checklist of an administrative decision

29.1.An administrative body shall maintain a profile for an administrative decision, and the profile shall contain documents, including grounds and phases of the decision making procedure, opinions of the participants, relevant documents, minutes of hearing procedure, meeting and session, resolution, and documents delivered and notified, and it shall be stored in the archives.

29.2.Checklist shall be enclosed with each administrative decision, and it shall reflect in detail father’s /mother’s/ name, given name, job title, involvement and performance of each official who participated in the preparation of the administrative decision. The checklist shall note the involvement and performance of the official in formulating the administrative decision.

29.3.The checklist stated in Article 29.2 of this law shall be taken into account for award, calculation of achievement bonus, imposition of disciplinary penalty, or termination of employment of an official.

29.4.Articles 29.1, 29.2, and 29.3 of this law shall apply to the administrative decision to be issued in writing.

Article 30.Confidentiality

30.1.A participant shall have the right to demand the administrative body to keep the secrets of the state, company and the individual confidential.

30.2.An administrative body shall be obliged to keep the secrets as provided in Article 30.1 of this law confidential, and shall be subject to liability as provided by law if disclosed.

Article 31.Providing an advice and information

31.1.An administrative body shall be obliged to provide information related to issuance of an administrative decision.

31.2.An administrative body shall be obliged to provide the participant with relevant advice if his/her request, explanation, and information have been found to be incomplete or written incorrectly during the administrative decision making procedure.

Article 32.Participant’s right to documents

32.1.An administrative body shall inform in advance of the validity of its decision, and allow the participant or his/her representative to review the documents that are necessary to protect rights and legal rights of the participant in relation to the decision.

32.2.Once the administrative decision has become effective, the participant and his/her representative shall be entitled to review documents related to the decision in cases other than public planning as stipulated in Chapter Seven of this law.

32.3.The administrative body that has made the decision shall be responsible for conducting the review of the documents.

Article 33.Establishing timeframe

33.1.Timeframe for administrative decision-making procedure shall be established by minute, hour, workday, day, month, and year of the calendar.

33.2.Timeframe may be established in accordance with the event occurred as provided by the law.

33.3.Timeframe shall be counted from established year, month and day, or the next day and hour after such period or event has passed or taken place.

33.4.If the last day of timeframe is not a workday, the timeframe shall end on the next workday.

33.5.If an administrative body performs an obligation, it shall be performed within the close of business hours of that administrative body established under an applicable procedure.

33.6.A document shall be deemed as executed within timeframe if it has been transferred to postal and communication service within 24 hours of the last day of established timeframe.

33.7.When calculating the timeframe, calendar year shall be counted as twelve months, half year shall be counted as six months, the quarter of year shall be counted as three months, and day shall be counted as twenty-four hours.

33.8.In case of extension of the timeframe, new timeframe shall be counted from the date of expiry of the timeframe.

33.9.Timeframe established by year, half-year, quarter, and month shall end on the same day of the month of expiration. If there is no ending day for the month of expiration, timeframe shall end on the last day of that month.

33.10.Calendar year shall begin on January 01 and end on 31 December.

33.11.Timeframe established by week and day shall end at the same hour of the ending day of the timeframe.

33.12.Timeframe established by the day of week shall end at the final hour of expiring day of the timeframe.

33.13.Timeframe established by hour shall end at the same minute of the same expiring hour.

33.14.The statute of limitation for filing a complaint by citizen and legal entity against an administrative act shall be established under Article 94 of this law, and the statute of limitation for claim referred to the administrative court shall be established under the Law on Administrative Procedure.

33.15.The statute of limitation shall be ceased if a citizen and legal entity filed a complaint according to specified procedure, and the administrative body and official accept the complaint of the citizen and legal entity.

33.16.If the statute of limitation is ceased, the passed time period shall not be considered effective, and the stature of limitation shall restart.

33.17.Article 33.16 of this law shall not apply to unlawful administrative act of the administrative body that creates favorable circumstance for and provides privilege to the person to whom the legal influence is directed towards.

33.18.Calculation of the statute of limitation for imposition of administrative penalty by the administrative body and official shall be subject to the provisions of the Law on Administrative Liability, and other laws.

/This part was annulled by the law of 18 May 2017/

Article 34.Legal consequences of the period

34.1.No hearing procedure shall be held after the expiration of timeframe for an administrative decision making procedure.

Article 35.Extension of period

35.1.If the rights and lawful interests of others those are not stipulated otherwise by law are not affected, the period may be extended by the administrative body once by no longer than the length of initial period at the request of the participant.

35.2.An administrative body shall notify the participant in writing of the extension of the period.

Article 36.Restoring the period

36.1.If there is a reasonable excuse that the participant exceeded the deadline stated in Article 27.5 of this law when submitting his/her explanation and opinion, the administrative body may restore such period.

SECTION II

ADMINISTRATIVE DECISION

CHAPTER FOUR

ADMINISTRATVE ACT

Article 37.Administrative act

37.1.Administrative act means a verbal and written order or action issued by an administrative body to regulate a specific case within the framework of public law, which has direct outward legal consequences.

/This part was amended according to the law of May 18, 2017/

/According to the 15th conclusion of the Constitutional Tsets dated November 21, 2018, the section “бусад other than investigation and resolution of violations” violated the Constitution by the Resolution No. 88 of the State Great Hural of Mongolia dated December 6, 2018/

/This part was amended according to the law dated April 18, 2019/

37.2.The binding activity means an action and an inaction setting prohibition, acceptance, order, determination, or rejection.

37.3.Inaction means a failure of an administrative body to perform, within given timeframe set forth in the law, its obligation to resolve an application and a complaint submitted by a citizen and a legal entity in order to exercise and protect their rights and lawful interests, or failure of leaving above application and complaint unresolved.

37.4.Administrative act with positive influence means an administrative act granting a right, or creating favorable circumstances for the person to whom the legal influence is directed towards.

37.5.Administrative act with negative influence means an administrative act triggering an obligation to the person to whom the legal influence is directed towards, or restricting such person’s rights and lawful interests.

37.6.Illegal administrative act means an administrative act containing legal offence.

37.7.There may be an administrative act directed towards a person who is determined or likely to be determined by the common characteristics, or that related to determining public legal status of a property and using such property.

Article 38.Additional regulation of an administrative act

38.1.In order to satisfy the requirements stated in the law for an administrative act, or if clearly specified in the law and administrative normative act, additional regulation may be applied to the main regulations of the administrative act.

38.2.The following additional regulations shall be applied in addition to those specified in Article 38.1 hereof by the administrative body when issuing an administrative act:

38.2.1.application of administrative acts with positive and negative influences starts at certain time, ends at certain time, or continues for certain period of time;

38.2.2.determining whether the administrative acts with positive and negative influences may depend or may not depend on any event that shall occur in the future;

38.2.3.determining the condition to terminate an administrative act;

38.2.4.an administrative act with positive influence does certain thing, suspend a certain thing in advance, or obliges to do a certain thing;

38.2.5.determining the grounds for obligations to be created, changed, or completed later by the administrative act.

38.3.Additional regulations shall be inconformity with the purpose and content of the administrative act.

Article 39.Content and form of an administrative act

39.1.Content of an administrative act must be clear and specific.

39.2.In addition to the forms set forth in Article 37.1 of this law, an administrative act may be issued in electronic form, or with the assistance of technical devices.

39.3.An administrative act issued in electronic form, or with the assistance of technical devices must comply the requirements specified Article 40.2 of this law, and in addition, the signature of the authorized official must meet the requirement set forth in Law on Digital Signature.

Article 40.Issuance of an administrative act in written form

40.1.An administrative act shall be issued in writing in cases other than those specified in Article 41 of this law.

40.2.An administrative act issued in written form shall meet the below requirements:

40.2.1.name, address, seal, and stamp of the administrative body issued the administrative act, and name, signature of the person authorized to sign thereto, and name, date and number of the administrative act must be clearly stated;

40.2.2.if the person to whom the administrative act is addressed to is an individual, his/her father/mother’s name, first name, address, and contact information; in case of a business entity, its address, registration number and contact information, and in case of other entities without legal entities right, its representative, and its name, address and contact information;

40.2.3.to state the actual situation and legal grounds for issuing the administrative act;

40.2.4.if the administrative decision making procedures has been initiated on petition and compliant, then it must be stated;

40.2.5.if the administrative act is disagreed, the person to whom the compliant shall be submitted and the period of the submission must be stated.

40.3.Articles and paragraphs of the law authorizing the administrative body to issue the administrative act must be stated in the legal grounds of the administrative act.

40.4.Actual circumstance that requires the issuance of the administrative act must be clearly stated.

40.5.The requirements stated in Article 40.4 hereof shall not apply to the following cases:

40.5.1.the administrative body resolved satisfying the petition and compliant, and the administrative act is not interfering others’ right;

40.5.2.the grounds of the administrative act is clear and specific for the addressee, or the addressee was aware of the actual circumstance and legal grounds beforehand;

40.5.3.in case of issuing number of same administrative acts which are not necessary to pin out the grounds for each acts, or issuing such administrative act with the assistance of technical device.

Article 41.Issuance of an administrative act in non-written form

41.1.An administrative act may be issued verbally, or in non-written form in the following cases:

41.1.1.an administrative act is in urgent need for issuance;

41.1.2.the law and administrative normative act specifically stated a certain form;

41.1.3.in case of resolving matters with minimum legal consequence;

41.1.4.when it is not possible or inappropriate to issue an administrative act in writing;

41.2.If demanded by the person whose right and lawful interest have been interfered, the administrative body may confirm in writing the administrative act issued verbally or in the forms other than writing.

Article 42.Opportunity to choose

42.1.Opportunity to choose means that the administrative body applies one of the potential alternatives permitted under the law and administrative normative acts when resolving a certain matter, or does not apply any of them.

42.2.Unless otherwise stated in the law, the administrative body applies the alternatives within the extent of its powers based on the requirements specified in the law in compliance with its purposes.

Article 43.Notification of an administrative act

43.1.The addressee of the administrative act, and the person whose rights and lawful interest might be interfered shall be notified of the administrative act in accordance with the procedure set forth in the law. The administrative body that issued the administrative act shall be responsible for the procedure of notifying such administrative act.

43.2.The administrative body, if law provides otherwise, may hand in the administrative act to the addressee, if necessary, it may be notified by telephone, fax, email and other means, and such notifications must be documented.

43.3.The administrative act sent via registered mail shall be considered notified after 5 workdays in the capital city, and 10 workdays in the local areas after the act has been sent.

43.4.If the law stated otherwise, the administrative act shall be handed in, and the recipient shall certify by signing. The administrative act shall be considered notified upon handing it in officially.

43.5.In the event the addressee of the administrative act does not reside at his/her official address, or fails informing the administrative body of its address change, or intentionally avoids receiving the administrative act, such administrative act shall be considered officially notified on the date occurring immediately after 10 workdays of the notification made through mass media.

43.6.In case there are 20 or more persons to whom the administrative act should be duly notified, the notification may be made to their representatives, if there is no such representative, then through mass media.

43.7.In case the law provides otherwise, the administrative act shall be made public, and the administrative act shall be considered notified after 10 workdays of the presentation of the administrative act to public through accustomed procedure within the certain territory where such administrative act shall be enforced.

Note: Presentation to public through accustomed procedure means to inform through official bulletin board, and website of the administrative body, and local and national mass media.

43.8.In case of a dispute rising in connection with notifying an administrative act, the administrative body issued the administrative act is obliged to prove the timeframe when the administrative act was notified.

Article 44.Explanation of an administrative act

44.1.If a participant requests an explanation with respect to rights and obligations created by the administrative act, the administrative body is obliged to provide verbal or written explanation.

Article 45.Correction of conspicuous error in an administrative act

45.1.The administrative body has the right to correct the errors in writing and calculation of the administrative act, and other similar conspicuous errors by itself or at the request of a participant without changing the main regulation of the administrative act, its meaning, and content, and it is the administrative body’s obligation to inform the participant of such correction.

45.2.The person whose rights and lawful interests have been interfered has the right to demand correction of the conspicuous error in the administrative act.

Article 46.Effectiveness of an administrative act

46.1.An administrative act shall come into force upon its notification in accordance with the procedure set forth in this law.

46.2.An administrative act shall remain effective until the period when the act is terminated, invalidated, or an authorized body passes a decision, or the term set forth in the administrative act is expired, and it is enforced by other means.

Article 47.Overtly illegality of an administrative act

47.1.An administrative act shall be overtly illegal in the following cases:

47.1.1.there is a conspicuous error in its meaning and content;

47.1.2.the administrative body that approved the administrative act in written form is not clear;

47.1.3.the administrative body issued an administrative act with respect to the matter which does not refer to the scope of its functions;

47.1.4.the person to enforce the administrative act is not clear;

47.1.5.the administrative act requires to take illegal action or inaction; 47.1.6. there is no ground specified in the law that allows to interfere the rights and lawful interests of citizens and legal persons;

47.1.7.it is not possible to enforce the administrative act in the actual circumstances.

47.2.The overtly illegal administrative act shall have no legal enforcement from the date of its issuance.

47.3.If any part of an administrative act is overtly illegal, and such part is the main ground for issuing such administrative act, then the administrative act shall be overtly illegal entirely.

47.4.The person whose right and lawful interest has have been interfered may file for determination of the overtly illegality of the administrative act with the administrative body at any time.

Article 48.Invalidation of an illegal administrative act

48.1.Regardless of the expiration of statute of limitation for filling a complaint against an illegal administrative act that has negative impact, the administrative body shall invalidate such administrative act entirely, or partially.

48.2.Legal administrative act that has positive impact shall be invalidated in the following cases:

48.2.1.the administrative act is to be invalidated as provided for in the law, an administrative normative act, or an administrative act;

48.2.2.it has negative impact on rights and lawful interests of others, or public interest;

48.2.3.it fails exercising the right granted under the administrative act;

48.2.4.deceived, threatened, bribed, or used other illegal means for issuance of the administrative act;

48.2.5.it contradicts the publically acknowledged moral norms.

48.3.The administrative body shall invalidate the administrative act within 5 years of its issuance in the cases set forth in Articles 48.2.1, 48.2.2, 48.2.3 and 48.2.5 of this law.

Article 49.Revocation of an administrative act with no legal breaches

49.1.Regardless of the expiration of statute of limitation for filling a complaint against an administrative act, the administrative act may be revoked entirely, or partially.

49.2.The administrative act set forth in Article 49.1 of this law shall not be revoked if such administrative act needs to be reapproved, or there is no legal ground.

49.3.The administrative act that has positive impact may be revoked in the following cases even though a complaint against such administrative act is unable to be filed:

49.3.1.the condition to revoke the administrative act is set forth in the law, administrative normative act, or the particular administrative act;

49.3.2.if the administrative act states additional regulations, and the particular person fails to perform such regulations within the timeframe set by the law;

49.3.3.if the public interest may be interfered due to occurrence of a new circumstance;

49.3.4.the administrative body is no longer entitled to issue the administrative act based on changes in laws and administrative normative acts, and the person who is authorized under such administrative act has not started exercising its authorization;

49.3.5.in order to prevent from the negative impact on the public interest, or eliminating such impact.

49.4.The administrative act may be revoked entirely or partially in the following cases even though the statute of limitation for the monetary benefit issued and being issued under the administrative act, services of certain purposes:

49.4.1.benefit and services issued under the administrative act have not been used for the designated purposes stated in such administrative act;

49.4.2.the administrative act states additional regulation, and the particular person fails to perform such obligations, or fails to perform such obligation within the timeframe set forth in such administrative act.

49.5.Unless otherwise provided for by the administrative body, the administrative act shall become invalid upon its revocation.

49.6.In case the administrative act is revoked under the grounds specified in Articles 49.3.3, 49.3.4 and 49.3.5 of this law, the inflicted property losses shall be compensated at the demand of the particular person.

Article 50.Re-conducting the process of issuing an administrative act

50.1.The process of issuing an administrative act may be conducted again in the following cases at a request of the addressee even though the statute of limitation for filing a complaint against the administrative act has been expired:

50.1.1.actual or legal grounds on which the administrative act is based have been later changed positively for the benefit of the addressee;

50.1.2.an evidence which is beneficial for the addressee has been created.

50.2.The addressee shall file a petition and complaint within 3 months after he/she becomes aware of the grounds for re-conducting the decision making process have been created.

Article 51.Return of documents and properties

51.1.In case of revocation, or invalidation of the administrative act with respect to confiscation of documents and properties, the right to demand the return such documents and properties shall be exercised.

51.2.In case of the properties have been destroyed or damaged, the inflicted damage shall be paid as provided for in the Civil Code.

CHAPTER FIVE

ADMINISTRATIVE AGREEMENT

Article 52.An administrative agreement

52.1.An administrative body may enter into an administrative agreement in compliance with the legal norms in order to create, change, or end public law relations.

52.2.An administrative agreement may be applied in the following relations:

52.2.1.relations with respect to public services, education, health, and environmental protection, and other administrative [legal] relations;

52.2.2.relations with respect to delegation by an administrative body of some of its functions and powers to other persons;

52.2.3.relations with respect to establishing infrastructure and fundamental social services, and stable utilizations thereof;

52.2.4.relations with respect to concession; and

52.2.5.other relations stated otherwise in the law.

Article 53.Form of an administrative agreement

53.1.An administrative agreement shall be concluded in written form.

Article 54.Permission of other administrative bodies

54.1.If it is stipulated in the law that permission and guarantee of other administrative body must be obtained, or such administrative body must be involved in concluding an administrative agreement, the administrative agreement shall be concluded upon the satisfaction of these requirements.

54.2.In connection with the draft of inter-organization agreement to be entered into with a similar foreign administrative body and legal entity, an administrative body shall obtain a proposal from higher-level administrative body in charge of this matter and the state central administrative body in charge of foreign affairs.

54.3.The agreement set forth in Article 54.2 hereof shall be delivered to the state central administrative body in charge of foreign affairs for registration within 14 days of its conclusion.

54.4.The Government shall approve the regulations related to reviewing and registering the agreement stipulated in Articles 54.2 and 54.3 of this law.

Article 55.Overtly illegality of an administrative agreement

55.1.An administrative agreement shall be overtly illegal in the following cases:

55.1.1.an administrative agreement is in breach of law and administrative normative act;

55.1.2.it regulates relations that are not subject to an administrative agreement;

55.1.3.the administrative body that concluded the administrative agreement is indefinite;

55.1.4.an administrative body concluded an administrative agreement with respect to the matter which is irrelevant to its powers;

55.1.5.an administrative body made in the administrative agreement a promise which is impossible to be fulfilled;

55.1.6.an administrative body required from the parties to the agreement things that are in breach of law;

55.1.7.an administrative agreement has overtly error and negative consequence;

55.1.8.a person who is not legally capable expressed his/her will;

55.1.9.any of the parties does not have legal capacity;

55.1.10.an agreement is concluded breaching the requirement to obtain permission by an underage person;

55.1.11.expression of will is incomplete;

55.1.12.the parties are in serious confusion, deceived or overpowered;

55.1.13.the agreement violated the form set forth in the law; or

55.1.14.the agreement is entered into with the person who is not entitled to represent.

55.2.The overtly illegality of some part of an administrative agreement shall not constitute a ground to consider the entire agreement to be overtly illegal.

Article 56.Exceptions in making amendments to and termination of an administrative agreement

56.1.In case the relation which is significant to the content of an administrative agreement has entirely changed after conclusion of the agreement, [or] any party to the agreement considers that it is impossible to comply the initial regulation of the agreement, then such party shall have right to urge an amendment to the agreement.

56.2.An administrative agreement shall be terminated if an amendment is impossible, or any party to this agreement elects to not amend the agreement.

56.3.If an administrative agreement may potentially cause serious damage to common interest, an administrative body may solely terminate the administrative agreement in order to prevent or eliminate such damage.

56.4.It is required that the grounds for terminating an administrative agreement be definite, and it must be expressed in writing.

Article 57.Performance of an administrative agreement

57.1.An administrative body shall be obliged to ensure the performance of an administrative agreement, and the regulations specified in Chapter Eight of this law shall apply in this case.

Article 58.Usage and compliance of legal norms

58.1.The basic regulations of an agreement set forth in the Civil Code shall apply equally to an administrative agreement in addition to the regulations in Chapter Five of this law, and if there is no administrative norm that regulates otherwise, then such regulations shall be used and complied.

Note: Using and compliance means that, in case there is no provision that regulates a particular matter in this law, then the provisions of the Civil Code shall be used, and when applying such provisions, it shall be examined whether they are in harmony with the public legal principles and consistent with the administrative activities and administrative agreement.

CHAPTER SIX

ADMINISTRATIVE NORMATIVE ACT

Article 59.Administrative normative act

59.1.Administrative normative act means a decision made by an administrative body specifically authorized by the law and of which the enforcement is binding by the public. The decision is directed outwards and its enforcement has circular nature.

59.2.An administrative body specifically authorized by the law shall be prohibited to transfer its right to issue an administrative normative act to other person in the cases except permitted by the law.

Article 60.Requirements for an administrative normative act

60.1.An administrative normative act shall meet the following requirements:

60.1.1.to be in compliance with the Constitution of Mongolia, this law and other laws;

60.1.2.to be in compliance with the content, purpose and framework of the particular law that grants the specific authorization;

60.1.3.to state the provision being the ground in the statement section;

60.1.4.provisions of the decision shall not conflict with each other, and provisions of the decision made by other authorized persons;

60.1.5.to apply the terms used in the Constitution of Mongolia and other laws by their main and publically admitted meanings;

60.1.6.to not determine prohibitive regulation with respect to matter which is not prohibited under the law;

60.1.7.to provide such provision if previously made decision is considered to be invalidated under the present decision, or making amendments to the previous decision under the present decision;

60.1.8.to have quotation made, if necessary, without duplicating provisions of other laws;

60.1.9.to specifically state the names of the administrative normative act, organization and official approved the administrative normative act, and date and number of the administrative act;

60.1.10.other requirements of the law.

60.2.This regulation shall not apply to the documents specified in Article 3.1.2 of the Law on Standardization and Conformity Assessment This regulation shall not apply to the documents specified in Article 4.1.2 of the Law on Standardization, Technical Regulation and Conformity Assessment Accreditation.

/This part was revised by the law of 21 December 2017/

Article 61.Drafting the administrative normative act

61.1.The administrative body authorized to issue the particular act shall organize the preparation of drafting the administrative normative act.

61.2.If the relations to be regulated are referred also to the functions of other administrative body, the official proposal shall be obtained from such administrative body.

61.3.Grounds and requirements shall be explained and delivered if the proposal determined in Article 61.2 of this law is not obtained.

61.4.Impact analysis shall be carried out according to methodology stipulated in Article 61.6 of this law during the preparation of drafting administrative normative act, and the following conditions shall be included thereto and prepare a presentation thereof:

61.4.1.grounds, requirements and purpose to issue the act;

61.4.2.general structure, relations to be regulated and framework of the act;

61.4.3.to determine the group whose rights and lawful interests are to be interfered in any manner following the issuance of the act;

61.4.4.whether it has regulations that may limit human rights, freedom, competition, and cause obstacles to economic, social and other activities, and constitute any conditions of any bureaucracy and corruption;

61.4.5.whether there is an effective law and administrative normative act that regulates such matter;

61.4.6.estimation of human resources, techniques and economics requisite to implement the act.

61.5.Impact analysis stipulated in Article 61.4 of this law means integrated activities to predetermine and analyze impact and consequence of the administrative normative act on economy and social life.

61.6.The Government member in charge of legal matters shall adopt the methodology to conduct the impact analysis.

Article 62.Proposal on draft administrative normative act

62.1.The draft administrative normative act shall be located on the website and bulletin board of the administrative body for no less than 30 days for submission of proposal.

62.2.If the lawful interests of the public, human rights, and lawful interests are affected, the discussion shall be organized with the purpose to reflect public opinion on draft administrative normative act and the participation to the discussion shall be ensured. The discussion must be held within the group whose rights and lawful interests might be affected.

62.3.The discussion may be held within the following ranges in addition to those specified in Article 62.2 of this law:

62.3.1.within the group whose rights and lawful interests might be affected;

62.3.2.within specialized group including scientists, researchers and experts;

62.3.3.within the range of specific territory;

62.3.4.within the range of a government and non-government organizations operating in the same sector.

62.4.Discussion shall be organized in the following forms:

62.4.1.meeting and interview;

62.4.2.to publish the draft in daily newspaper, and obtain proposals;

62.4.3.to obtain proposals through website and means of telecommunication;

62.4.4.other.

62.5.The record shall be maintained with respect to process and result of the discussion, and information shall be prepared on how the submitted proposals reflected in the draft administrative normative act.

62.6.The administrative body shall have the draft administrative normative act, together with presentation of the impact assessment and discussion information, by the specialist at its division /office and department/ in charge of legal matters.

Article 63.No admission of a proposal

63.1.In the event or urgency to immediately adopt an administrative normative act, there is no need to conduct the procedures to admit a proposal specified in Article 62 of this law.

Article 64.Adoption and delivery of an administrative normative act

64.1.An administrative body specifically authorized under the law shall adopt the administrative normative act.

64.2.An administrative normative act adopted by the Government /the Government resolution/ shall be delivered to the Parliament.

64.3.The state central administrative body in charge of legal matters shall review and register the administrative normative act.

64.4.An administrative normative act shall be delivered to the authorized body for review and registration within five workdays upon the adoption of the administrative normative act.

64.5.The Governor of soum and district shall deliver its administrative normative act to the state central administrative body in charge of legal matters through the Governor of higher level within 10 workdays.

Article 65.Registration of an administrative normative act

65.1.The state central administrative body in charge of legal matters shall review whether the administrative normative act has met the requirements specified in Articles 60, 61 and 62 of this law, and register it with the state unified registration.

65.2.The administrative normative act that has not met requirements specified in Articles 60, 61 and 62 of this law shall not be registered with the state unified registration.

Article 66.Reviewing and registering procedures

66.1.The compilation of following documents must be ensured for the review and registration of an administrative normative act:

66.1.1.three copies /official original copy and two notarized copies/ of an administrative normative act, electronic version, presentation of impact analysis and information regarding the discussion if the administrative body specifically authorized under the law adopts [the administrative normative act] solely;

66.1.2.if the administrative bodies specifically authorized under the law jointly adopt the administrative normative act, the administrative body whose name was firstly written on such act shall prepare certified copy of the acts in number of the other administrative bodies that jointly adopted the act in addition to the document specified in Article 66.1.1 of this law.

66.2.If the person who delivering the administrative normative act for review and registration has not meet the compilation of the documents specified in Articles 66.1.1 and 66.1.2 of this law, the state central administrative body in charge of legal matters shall return [the administrative normative act] in official letter for completing the document compilation.

66.3.In the event except those specified in Article 66.2 of this law, the state central administrative body in charge of legal matters shall review the administrative normative act and relevant document delivered according to Article 66.1 of this law within five workdays, and take one of the following measures:

66.3.1.if an administrative normative act satisfies the requirements stipulated in Articles 60, 61 and 62 of this law, the registration with the state unified registry shall be certified by making special note on the official and original copy of the act, and the administrative normative act shall be registered with the state unified fund, and official letter on registration, and certified copy of the administrative normative act on which the state registration number is issued and note is made shall be delivered to the administrative body, and if the act is jointly adopted, the certified copy shall be delivered to all the administrative bodies;

66.3.2.if the administrative normative act is fully or any article thereof has not met the requirements of Articles 60, 61 and 62 of this law, [the state central administrative body in charge of legal matters] shall make well-grounded conclusion with explanation with respect to eliminate such breach, and deliver it by the official letter;

66.3.3.if the act do not contain character of an administrative normative act specified in Article 59.1 of this law, the state central administrative body in charge of legal matters shall inform and return in written form the response about there is no requirement to register with the state unified registration;

66.3.4.to inform the measures specified in Articles 66.3.1, 66.3.2 and 66.3.3 of this law in the official letter of the Government member in charge of legal matters.

66.4.If an administrative body which received the conclusion on administrative normative act with legal breach stipulated in Article 66.3.2 of this law made by the Government member in charge of legal matters shall review the legal grounds of its administrative normative act and eliminates the legal breach, or makes an appropriate amendment thereto, it shall redeliver the act for registration within 10 workdays.

66.5.If the registered administrative normative act is amended, the compilation of the documents specified in Article 66.1 of this law shall be met for review and registration of such act.

66.6.If the administrative body specifically authorized under the law deems that it is groundless to receive the conclusion set forth in Article 66.3.2 of this law, it must inform and respond in written form to the state central administrative body in charge of legal matters within 10 workdays.

66.7.If it is deemed that it is groundless to receive the notice delivered under Article 66.6 of this law, the Government member in charge of legal matters shall make conclusion and deliver it to the Government session for discussion within 10 workdays.

66.8.The Government shall discuss the conclusion delivered under Article 66.7 of this law at the session and resolve whether to invalidate the administrative normative act based on this conclusion.

Article 67.Validation of an administrative normative act

67.1.The state central administrative body in charge of legal matters shall publish the complete administrative normative act that is registered with the state unified registration on “Compilation of administrative normative acts” within 10 workdays after the registration date of the act.

67.2.An administrative normative act shall be observed after it is only registered with the state unified registration and published on “Compilation of administrative normative acts”.

67.3.In the event of breach of the requirement set forth in Article 67.2 of this law, such administrative normative act shall not have legal effect and the citizen and legal person that fails complying such act shall not be charged with any liability and responsibility.

67.4.An administrative body specifically authorized under the law which issued the administrative normative act shall be responsible for the results occurred upon the enforcement of invalid administrative normative act.

67.5.An administrative normative act that has been registered with the state unified registration and became valid shall be uploaded on the legal information database and website of the adopting administrative body.

67.6.When it is based on or partially publishing or uploading the administrative normative act on the official website of the organization, date of the state unified registration and the number of the act shall be stated.

Article 68.Amendment, and registration of invalidation

68.1.If an administrative normative act is amended or deemed to be invalidated, such decision shall be reviewed under the regulation specified in Article 65 of this law, the state unified registration shall be changed and it shall be publish it on “Compilation of administrative normative act”.

68.2.If an administrative normative act which has been registered with the state unified registration becomes invalidated in compliance with the regulations stated in this law due to the legal breach, the administrative body specifically authorized under the law shall deliver the relevant official letter together with a copy of the invalidated administrative normative act to the state central administrative body in charge of legal matters within three workdays.

Article 69.Monitoring-examination, and assessment

69.1.An administrative body specifically authorized under the law shall carry out annual monitoring-examination and assessment on the effective administrative normative act within the scope of matters refer to its responsibility, and deliver its implementation process and performance report together with the proposals on the further measures to the state central administrative body in charge of legal matters.

69.2.The state central administrative body in charge of legal matters shall ensure vocational and methodical management of monitoring-examination and assessment.

69.3.The state central administrative body in charge of legal matters shall integrate and review the monitoring-examination, assessment report, planning and proposal submitted by the administrative body specifically authorized under the law, and introduce their further measures to the Government.

69.4.The state central administrative body in charge of legal matters shall present to and have finally resolved by the Government the administrative normative act of which the respondent authority became indefinite due to the change of the Government structure, constitution, state administrative body’s system and general structural layout even though such administrative normative act is registered with the state unified registration.

69.5.If the Government structure, constitution, state administrative body’s system and structure have been changed, the state central administrative body in charge of legal matters shall take requisite measures together with the relevant organization in relation to the administrative normative act complied in such sector within six months after the change.

69.6.The state central administrative body in charge of legal matters may choose certain sector and carry out monitoring-examination and assessment on administrative normative act issued by the administrative body specifically authorized under the law.

Article 70.Special regulation

70.1.In case there is an urgency that an administrative normative act needs to be approved immediately, an authorized administrative body shall approve and issue such act and it shall come into force upon public announcement.

70.2.The administrative body specifically authorized under the law shall deliver the administrative normative act set forth in Article 70.1 hereof to the state central administrative body in charge of legal matters within three workdays after approving such act.

70.3.The state central administrative body in charge of legal matters shall receive the administrative normative act set forth in Article 70.1 hereof, and shall check whether the act meets the requirements set forth in Article 60.1 hereof, and register it in accordance with Articles 65 and 67.1 of this law and publish it in “Compilation of administrative normative acts”.

Article 71.Sector database of administrative normative act

71.1.An employee in charge of database of administrative body authorized to approve an administrative normative act shall enter amendment and modification to a particular act.

71.2.The sector database of administrative normative act shall consist of administrative body’s all acts which are registered with the state unified registration.

Article 72.State unified database of administrative normative act

72.1.The state unified database of administrative normative act consists of all acts registered with the state unified registration.

72.2.The Government member in charge of legal matters shall approve the procedure for maintaining the state unified database of administrative normative act.

72.3.The state central administrative body in charge of legal matters shall update the list of effective administrative normative acts in the state unified database and publish the list in “Compilation of administrative normative acts” within February 1 of each year.

SECTION III

OTHER ADMINISTRATIVE ACTIVITIES

CHAPTER SEVEN

PLANNING

Article 73.Planning

73.1.The planning is the activities of formulating plan for making administrative decision that interfere the rights and lawful interest of citizen, legal person with respect to the following matters and, in connection therewith, conducting the hearing under this law, reviewing and approving the proposal:

73.1.1.constructing airport, companion facilities, railway, railway post and station, and modifying, repairing and evacuating them;

73.1.2.making urban development and land organization/management;

73.1.3.building and repairing international, national and local auto-roads;

73.1.4.building water facilities and hydropower station;

73.1.5.establishing, modifying and moving waste/salvage points;

73.1.6.establishing, modifying, moving and dismantling public use facilities and complexes such as roads, squares, streets, and ponds;

73.1.7.other matters stated in the law which are potentially infer the public interest.

Article 74.Conduct hearing on the planning

74.1.The administrative body that is formulating the plan shall be in charge of the hearing of the plan.

74.2.Article 27 of this law shall apply in conduct of hearing on the plan.

74.3.An administrative body obliged to submit proposal under its function and the Governor of the administrative and territorial unit where the planning is to be made are obliged to make their explanation and proposal within 30 days of the presentation of the planning.

74.4.The timeframe set forth in Article 74.3 hereof may be extended once for a period up to 60 days in consideration of the scope and specifications of the planning, and the administrative act of which the term has been extended must clearly state the legal and actual grounds.

74.5.In case the person stated in Article 74.3 of this law fails submitting his/her explanation and proposal within the set period, or the plan had been presented before, then it is not necessary to take proposals.

Article 75.Counter opinion to the plan

75.1.Should a person whose rights and lawful interest are interfered has counter opinion to the plan, he/she shall have right to present his/her counter opinion to the administrative body that is preparing the plan within 30 days of the end of the period set forth in Article 74.3 of this law, or within 30 days of formal notification.

75.2.The period set forth in Article 75.1 of this law may be extended by up to 60 days depending on the extent and nature of the planning. Legal and actual grounds for extension shall be indicated clearly in the extended administrative act.

75.3.If the counter opinion has not been reflected in the plan, the administrative body that prepares the plan shall be obliged to provide explanation.

Article 76.Discussion

76.1.If received counter opinion to the plan, the administrative body who prepares the plan shall hold a discussion by sending notice in advance of at least 10 days to all participants who voted for and against such plan.

76.2.The regulation stated in Article 27.2 of this law shall be applied when notifying the discussion stated in Article 76.1 of this law in advance.

76.3.An administrative body who is preparing the plan shall deliver explanation and suggestion provided by the person stated in Article 74.3 of this law, and the counter opinion submitted by the person set forth in Article 75.1 of this law to the administrative body who shall approve the plan.

76.4.If the organization that prepares and approves the plan is the same organization, then Article 76.3 of this shall not apply.

Article 77.No hearing

77.1.If the rights and lawful interests of the public and others have not been interfered with, or if such person has been presented with before, it is not required to carry out activities set forth in Articles 74 and 76 of this law.

Article 78.Approval of plan

78.1.Regulation on administrative act set forth in Chapter Four of this law shall apply to the administrative act to approve the plan.

Article 79.Legal effects of planning

79.1.Public legal relations arisen between the administrative body with the obligation to implement the planning and the persons whose rights and lawful interests are infringed shall be regulated by this law.

79.2.Complaint regarding public and personal interests shall be resolved according to the regulation on filing complaint set forth in Chapter Nine of this law.

79.3.Relevant administrative body shall be obliged to take actions to serve the public interests, or to eliminate adverse impact that may affect the rights and lawful interests of third persons.

79.4.A compensation shall be provided where it is not possible to take actions provided in Article 79.3 of this law, or to change such plan.

79.5.If unanticipated adverse effect has occurred as a result of the planning, a decision making administrative body shall be liable to eliminate and minimize such adverse effect, as required by the person whose rights and lawful interests have been infringed.

79.6.Compensation shall be provided where it is not possible to eliminate and minimize adverse effect stated in Article 79.5 of this law. This article shall not apply to damage occurred as a result of circumstance with the nature of force majeure.

Article 80.Changing the plan

80.1.If the change was made to the plan prior to final approval, hearing shall be held again.

80.2.In case of making a change without interfering with the public and others’ rights and lawful interests, the hearing shall not be required.

Article 81.Invalidation of an administrative act which approved the plan

81.1.If the administrative body with the obligation to implement the plan has made a formal request to stop the commenced plan, the administrative body with decision-making authority shall invalidate the administrative act.

81.2.If the implementation of the plan would cause serious damage to the public interests, such administrative act may be invalidated.

81.3.If the administrative act, under which the plan was approved, is invalidated, the administrative body with the obligation to implement the planning shall be obliged to restore the circumstance that existed prior to the approval of the plan.

81.4.If the plan has not been started to be implemented within 5 years of the approval, the relevant administrative may invalidate the administrative act.

CHAPTER EIGHT

IMPLEMENTATION OF ADMINISTRATIVE DECISION

Article 82.Implementation of an administrative decision

82.1.This regulation shall apply to the enforcement of administrative decision made within the scope of public law by the administrative body.

82.2.The administrative decision shall be implemented with respect to an administrative act in the following cases:

82.2.1.period of complaint submission has expired;

82.2.2.decision to suspend an administrative act has been invalidated.

Article 83.Requirements for implementation of an administrative decision

83.1.The following requirements shall be met when implementing an administrative decision:

83.1.1.there must be a decision that proves the right to implement the decision;

83.1.2.the obligor has not performed this requirement;

83.1.3.unless otherwise stated in the law, 14 days must be passed after the decision with the right to claim has been notified;

83.1.4.notice of administrative decision must be delivered to the obligor within no less than 14 days or more.

Article 84.An authority to implement an administration decision

84.1.The following authorities shall implement an administrative decision;

84.1.1.an administrative body approved and issued the administrative act;

84.1.2.primary administrative body shall implement the administrative decision made by the high level administrative body;

84.1.3.the police and professional authority specifically authorized under the law.

84.2.An administrative body may receive assistance with regard to implementation of the decision from other administrative body.

Article 85.Use of forced measures

85.1.In cases, except for immediate use of forced measures as provided in the law, the notice of the forced measures shall be delivered to the obligor in writing, and such notice shall indicate the timeline for the performance of the obligation.

85.2.An administrative body shall apply forced measures provided by the law to a person who has failed to fulfill his obligation properly under the administrative decision.

Article 86.Forms of the forced measures

86.1.The forced measures to be applied in the way of implementation of administrative decision shall be in the following forms:

86.1.1.imposing fine;

86.1.2.implementation by others;

86.1.3.forced implementation.

86.2.The forced measures shall fit the purpose of the decision, and shall cause the minimum damage to the person toward whom the decision is directed and the public.

Article 87.Imposition of fine

87.1.Failure to fulfill the administrative decision on a voluntary basis shall be subject to imposition of fine.

87.2.Fine may be applied for the obligation to suspend or cease the performance of a certain activities.

Article 88.Implementation by others

88.1.If the person with the obligation to perform certain activity has not performed that activity and it is possible to have other person perform that activity, then the authority to implement an administrative decision shall have that person perform that activity, and have the person with the obligation to perform that activity to reimburse the person who performed the activity for the cost.

Article 89.Forced implementation

89.1.If the goal has not been achieved by the imposition of fine and implementation by others, or it is not possible to do so, the authority to implement the administrative decision shall arrange for the forced implementation.

Note: Forced implementation shall mean an attack to human body and items by use of physical force and other means.

89.2.Forced implementation shall be conducted under the regulation as provided in the law.

Article 90.Making decision on application of forced measures

90.1.If the obligation has not been performed within the time line as stated in the notice, the administrative body in charge of implementation of an administrative decision shall issue an administrative act deciding to take forced measures and promptly execute such administrative act.

90.2.A complaint shall made against the administrative act set forth in Article 90.1 of this law only in relation to the implementation of the administrative decision, and the procedure for the issuance of administrative act shall not apply.

Article 91.Implementing forced measures

91.1.Forced measures shall be implemented in the form as provided in the administrative decision.

91.2.Police department and professional organization may assist in the procedures of the forced measures of an administrative decision.

SECTION IV

FILING COMPLAINT AGAINST AN ADMINISTRATIVE ACT, AND PROCEDURE FOR RESOLUTION THEREOF

CHAPTER NINE

PROCEDURE FOR FILING A COMPLAINT

Article 92.Filling a complaint against an administrative act

92.1.Unless otherwise provided for by the law, if a citizen and a legal entity consider that their rights and lawful interest have been violated, then they have the right to file a complaint for revision whether the relevant administrative act is consistent with the law and its designated purposes.

92.2.The complaint set forth in Article 92.1 hereof must meet the requirements set forth in Article 10 of the Law on Resolution of Petitions and Complaints filed by the Citizens with respect to the State Bodies and Officers.

Article 93.Administrative body in charge of resolving a complaint

93.1.Complaint of a citizen and a legal entity shall be filed with the higher-level administrative body of the administrative body that issued the administrative act, or an administrative body in charge of reviewing and resolving a complaint.

93.2.Where there is no such administrative body specified in Article 93.1 hereof, a complaint may be filed with the administrative body that issued the administrative act.

Article 94.Timeframe for filling and resolving a complaint

94.1.A complaint shall be filed with the administrative body in charge of resolution of a complaint within 30 days of notification of the administrative act in accordance with the procedure set forth in this law.

94.2.In case the statute of limitation specified in Article 94.1 hereof has been proven to be exceeded due to irrevocably reasonable excuses, the administrative body in charge of resolving the complaint shall restore the aforementioned statute of limitation within 3 months after the expiry of such statute of limitation, and request for the restoration of the statute of limitation shall be submitted to the administrative body in charge of resolving the complaint.

94.3.The complaint shall be received in accordance with the Law on Resolution of Petitions and Complaints filed by the citizens with respect to the State Bodies and Officers, and unless otherwise provided for by the law, the complaint shall be resolved and responded within 30 days.

94.4.If necessary, the managing official of the administrative body may extend the statute of limitation for a period up to 30 days, and inform the citizen and legal person that filed a complaint of this matter.

Article 95.Procedure for resolving a complaint

95.1.An administrative body shall conduct the following operations with respect to resolving a complaint:

95.1.1.to examine whether an administrative act is consistent with the legislation and its purposes;

95.1.2.to examine whether the administrative body used its opportunity to choose;

95.1.3.to inform the complainant, its representative, attorney, if necessary, a third person whose rights and lawful interest have been interfered of the date and place of resolution of the complaint beforehand, and to allow them to be present at the processes at their request.

95.2.If the person specified in Article 95.1.3 hereof did not show up, the complaint may be resolved without presence of such person.

95.3.In case the citizen requested, or the administrative body considered necessary, an expert may be appointed and have a conclusion prepared.

95.4.Record shall be maintained as to the process of resolution of a complaint, and the record shall include the followings:

95.4.1.name and address of the administrative body issuing the administrative act, and full name of the officer issuing the administrative act;

95.4.2.date and place when and where the administrative act has been issued and the resolution process of the complaint has been taken place;

95.4.3.father/mother’s name and given name of the complainant, defendant, and other participants;

95.4.4.content and particulars of the complaint;

95.4.5.reports of professional organization and expert, witness statement, and other evidences;

95.4.6.signatures of officer and governing person of the administrative body that maintained the record and resolved the complaint.

95.5.Article 95.4 of this law shall not apply if it is decided to satisfy the request of complainant, the administrative body in charge of resolving the complaint may directly issue an administrative act.

95.6.If necessary, operation of resolving a complaint may be conducted with respect to the complaint filed in relation to the operations set forth in Articles 95.1, 95.2, 95.3 and 95.4 of this law.

95.7.The administrative body may accept and resolve the request of complainant by itself.

95.8.If the administrative body of cooperative management considered the complaint, it shall issue an administrative act in compliance with regular procedure for the problem solving.

95.9.The administrative body in charge of reviewing and resolving the complaint shall be prohibited to transfer the complaint to others for resolution.

Article 96.Suspending the implementation of an administrative act

96.1.Unless otherwise stipulated in Article 97 of this law and other laws, the administrative body authorized to resolve the complaint might suspend the implementation of the administrative act at the request of a participant of administrative process and citizen, legal person whose rights and lawful interests have been interfered.

96.2.An administrative act of which the implementation has been suspended under Article 96.1 hereof shall remain effective until the complaint has been finally resolved.or resolution.

Article 97.Exceptions for suspending the implementation of an administrative act

97.1.Implementation of an administrative act may not be suspended in the following cases:

97.1.1.suspension of the implementation of an administrative act may cause serious damage to other’s life, health and property, and apparent damages to a legal person;

97.1.2.if the purpose of the act is to collect tax from a citizen and a legal person;

/This part was amended by the law of March 22, 2019/

97.1.3.if the act imposed liabilities on a person who violated an administrative procedure, and if it is administrative act of the administrative supervisory body and official with respect to eliminating such offence;

/This part was annulled by the law of 18 May 2017/

97.1.4.if specified in the legislation, the administrative act is to be implemented in an indisputable manner.

Article 98.Administrative act to be issued upon revision of a complaint

98.1.The administrative body set forth in Article 93 of this law shall issue one of the following administrative acts upon consideration of the complaint:

98.1.1.accepting that the administrative act is overtly illegal;

98.1.2.if the administrative act has been violated rights and lawful interests of the complainant, to invalidate such administrative act entirely, or relevant part of it;

98.1.3.if an inaction of the administrative body violated rights and lawful interests of citizens and legal persons, to order such administrative body to make an appropriate administrative act;

98.1.4.amending the administrative act;

98.1.5.remaining the administrative act intact.

98.2.The relevant administrative body is bound to implement the administrative act set forth in Article 98.1 of this law.

Article 99.Notification of the administrative act resolving the complaint

99.1.The administrative body that resolved the complaint shall inform the complainant of this matter in writing within 5 business days of the issuance of administrative act and make documentation thereon.

99.2.Procedure specified in Article 43 of this law shall be applied on the notification of the administrative act that resolves the complaint.

CHAPTER TEN

RECOVERY OF LOSS

Article 100.Right to demand of recovery of loss

100.1.Citizen and legal person shall have the right to demand to recover the loss incurred to them caused due to illegal action or inaction of the administrative body created from the public legal relations.

Article 101.Person to recover the loss

101.1.Pursuant to Article 4.2.7 of the Law on Public Services and Article 498.2 of the Criminal Code, the state shall be responsible for loss incurred due to mistake made by an administrative body.

101.2.Citizen and legal person shall claim the loss incurred to them from the administrative body that caused the loss and the administrative body shall pay such loss.

Article 102.Procedure for settling a dispute related to a loss

102.1.Loss incurred due to the administrative act may be claimed by the complaint filed with respect to the administrative act.

102.2.If the dispute related to amount of the loss has not been claimed collectively under administrative jurisdiction, such dispute shall be considered by the civil court.

Article 103.Recovery of loss occurred to an administrative body

103.1.The administrative body shall have the loss incurred by it due to recovering the loss of citizen and legal person paid by the guilty officer under Article 498.5 of the Civil Code.

103.2.Internal audit unit of higher-level administrative body of the relevant administrative body shall be in charge of the obligation to have the inflicted loss paid by the guilty officer specified in Article 103.1 of this loss.

103.3.In case there is no internal audit unit of higher-level administrative body set forth in Article 103.2 of this law, the state audit authority shall be in charge of the obligation of the guilty person to pay the inflicted loss.

103.4.The higher-level administrative body or the court that resolved the complaint is obliged to deliver a copy of the act ordering the guilty officer to pay the loss to the relevant audit authority.

Article 104.Compensation and determining its amount

104.1.If any loss incurred due to offence of rights and lawful interests of citizen and legal person in connection with legal operations of the administrative body, the state shall pay compensation and recover the loss.

104.2.Procedure for paying compensation shall be regulated under separate law.

104.3.Administrative body may agree the amount of compensation mutually with the citizen and legal person.

104.4.In case of a dispute in relation to amount of the compensation and such dispute has not been claimed collectively under administrative jurisdiction, such dispute shall be considered by the civil court.

SECTION V

MISCELLANEOUS

CHAPTER ELEVEN

LIABILITIES

Article 105.Liabilities to be imposed on officer who violated the law

105.1.In case the procedure of issuing an administrative decision and administrative act of the administrative body have been considered to have legal offence under this law and lost their legal consequences, then the intentional and unintentional offence of such guilty officer shall be subject to liability that fits such offence.

105.2.If an officer appointed such officer and officer of the higher-level administrative body committed the offence stated in Article 105.1 of this law, or employee who voluntarily fails implementing administrative decision is not subject to criminal liabilities, any of the following punishment shall be imposed:

105.2.1.to give closed and open warning to comply with law in his conduct;

105.2.2.to discount the amount of salary for position up to 20 percent for a period up to 6 months;

105.2.3.to release from position;

105.2.4.to release from position for a period from one to ten years with condition to not return to public services.

Note: closed warning is one to one warning the officer who committed the offence set forth in Article 105.2.1 of this law, warning by public announcement means an open warning.

105.3.In case the officer invalidated his/her administrative act issued in offence of the law, if the administrative act is directed towards an individual, one to one apology shall be made. In addition, in case of invalidation of an administrative act which violated rights and lawful interests of several persons, apologies shall be made to such offended persons through mass media in addition to imposition of any of the penalties set forth in Article 105.2 of this law.

105.4.Officer who breached articles and provisions other than those of Articles 105.1 and 105.2 of this law shall be subject to liabilities under Law on Public Services and other applicable laws specifically regulate such relationship.

Article 106.Situation to be relied upon in imposing a penalty

106.1.The following situations shall be taken into consideration in connection with the offence when imposing a penalty:

106.1.1.consequence of loss incurred due to the offence;

106.1.2.whether it is intentional;

106.1.3.whether it is repeated;

106.1.4.failure to perform obligations and responsibilities within the scope of work and duties.

Article 107.Filing claim with the court with respect to penalty

107.1.In case of failure to impose penalty set forth in Article 105.2 of this law on the officer in breach of legal offence, or failure to impose appropriate penalty, the person whose rights and lawful interests have been violated may file a claim with the administrative court.

107.2.The court shall impose penalty set forth in the applicable laws on the officer who fails performing decisions of the administrative body and the court.

107.3.Terms and procedure set forth in the laws other than this law shall not be applied when releasing from position pursuant to Article 105.2.4 of this law.

Article 108.Effectiveness of the law

108.1.This law shall come into force on 1 July 2016.

 

 

SPEAKER OF THE PARLIAMENT OF MONGOLIA Z.ENKHBOLD