LAW OF MONGOLIA

31 October, 1997 Ulaanbaatar city

GEODESY AND CARTOGRAPHY

CHAPTER 1

GENERAL PROVISIONS

Article 1.Purpose of the law

1.1.Purpose of this law is to regulate activities of geodesy and cartography, supervision and other relations concerning them.

Article 2.Legislation on geodesy, cartography

2.1.The legislation on geodesy, cartography is comprised of the present law and other laws and regulations enacted in conformity with them.

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

Article 3.Terms of the law

3.1.For the purposes of this law these terms have the following meaning

3.1.1.“Geodesy” means complex of activities determining position of particular point,,height, gravitational acceleration with the help of star, sun, satellite and cartographic equipment for the purpose to determine shape and dimension of earth, it’s surface movement and copy surface parts into picture and making mathematical processing;

3.1.2.“cartography” means activity of creating and publishing special purpose digital and analogue maps and atlases having proper scale and projection and showing the further tendency of evolution and socio-economic development indication of the following in consideration with the shape of earth surface, nature, it’s relations, social phenomenon, and interrelation of matters and it’s causes;

3.1.3.“map” means a representation of the planar surface tangible objects on a paper, expressed by a projection, at a set scale and by conventional symbols;

3.1.4.“mapping” means a complex activity which describes particular parts of earth by topographic picture at different scales and other pictures;

3.1.5.“geographical name” means names defined for the purpose to distinguish natural and man made objects on the surface of earth;

3.1.6.“permanent geodetic marks and points” means central and outer marks, secured by fixed objects such as construction, cavity and earth surface, whose value is defined by three or more dimensions such as location, height, gravitational acceleration which are the basics of geodetic and cartographic activity;

3.1.7.”geodetic network” means system of permanent geodetic marks and points;

3.1.8.“geodetic and cartographic equipments” means the equipments which determines angle, height, distance, gravitational acceleration and point by three or more dimensions of expanse;

3.1.9.“cadastre map” means other maps made for the purpose to develop topographic drawing to be required to regulate actions related with using land, other immovable properties and land cavity and to provide map information for state integrated geodetic and cartographic database.

/This paragraph was re-edited by the Law of 23 December 1999/

CHAPTER 2

GEODETIC AND CARTOGRAPHIC ACTIVITIES, IMPLEMENTING ORGANIZATIONS THEREOF AND THEIR PLENARY RIGHTS AND GUIDELINES

Article 4.Geodetic and cartographic activities

4.1.Following works shall refer to geodetic and cartographic activities:

4.1.1.to create geodetic network, carry out astronomical determination and gravimetric measurement and create, publish and renew topographic and river or lake bottom drawing at various scale;

4.1.2.to take aerial and spatial photography of earth and process data;

4.1.3.to make, renew and publish special purpose thematic maps at various scale for educational and public needs;

4.1.4.to make and renew drawing of underground and underfoot utilities, general plan and landscape topographic drawing of city, village and other settlements;

4.1.5.to make geographical place name list (catalogue), work out and publish dictionary and guidebook;

4.1.6.to carry out geodetic and cartographic scientific researches such as determining shape and dimension of the Earth and vertical and horizontal movement of Earth surface and remote surveillance;

4.1.7.to form a state integrated geodetic and cartographic database;

4.1.8.to determine a frontier strip location by means of geodetic method and review it;

4.1.9.to make cadastre drawing of land, urban development, engineering linear structure, geology, mining and all other types, to perform engineering prospect, construction design work and geodetic measurement in progress, connect borehole;

/This paragraph was re-edited by the Law of 23 December 1999/

4.1.10.to provide State security and perform geodetic and cartographical work in case of emergency, natural disaster and danger.

/This part was amended by the law of 02 February 2017/

Article 5.Plenary rights of State Organization with regard to guidelines and principles of geodetic and cartographic activity

5.1.The State Great Hural shall exercise the following plenary rights in respect of geodesy, cartography:

5.1.1.to formulate a State policy on geodetic and cartographic activities;

5.1.2.to approve coordinates and height of border mark along the state frontier strip determined by means of a topographic drawing and geodetic method;

5.1.3.to approve geographical place name;

5.1.4.to confirm a border list drawing of Aimag, Capital, Soum, Duureg marked on topographic drawing at not less than 1:25000 scale;

5.1.5.to establish secret rank of of geodetic and cartographic digital information and topographic drawing and disclose the secret.

5.2.The Government shall exercise following plenary rights in respect of geodesy, cartography:

5.2.1.to confirm plane representation system, projection, scale, height and coordinates of area where the geodetic and cartographic activite is to be performed;

5.2.2.unless otherwise provided by legislation grant permission to foreign legal person to carry out geodetic and cartographic activity in the territory of Mongolia;

/This paragraph was annulled by the Law of 30 November 2001/

5.2.3.to exchange information about location, change of Mongolian geographic place name and border of state and administrative unit to be reflected in international document and used for maps with related international organization.

5.3.The State central administrative body in charge of geodesy and cartography shall have following plenary rights:

5.3.1.to administer the implementation of Legislation on Geodesy and Cartography and Government decision;

5.3.2.to keep control over the activity of State administrative body in charge of geodesy and cartography.

/This paragraph was annulled by the Law of 12 June 2003/

5.4.The central State administrative body shall have following plenary rights in respect of geodesy, cartography:

5.4.1.to administer the implementation of legislation on geodesy and cartography and Government decision;

5.4.2.to keep control over the activity of State administrative body in charge of geodesy and cartography;

5.4.3.to implement the state policy on mapping the territory of Mongolia;

5.4.4.to approve geodetic and cartographic instructions and procedures, develop standards and have them observed;

5.4.5.to take measure to implement the obligations of Mongolia assumed under international treaty with regard to geodetic and cartographic issues;

5.4.6.to issue licence to citizens, organizations and economic entities to provide geodetic and cartographic production and service.

/This part 5.4 was added by the law of 27 January 2005/

5.5.As the State Administrative body in charge of geodesy and cartography produce and store materials included in secret category, it should be in State special protection in accordance with appropriate legislations and shall have following rights:

/This part was amended by the law of June 12, 2003/

/This part was amended by the law of law dated January 27, 2005/

5.5.1.to develop and implement the coordinates, height, projection, scale, plane representation system which are the basics of geodetic and cartographic activity;

/This paragraph was amended by the Law of 27 January 2005/

5.5.2.to form State integrated database of geodetic and cartographic information

5.5.3.to approve geodetic and cartographic instructions and procedures, develop standards and have them observed;

/This paragraph was annulled by the Law of 27 January 2005/

5.5.4.to grant special permit to citizens, organizations, economic entities, manage geodetic and cartographic production and service;

/This paragraph was re-edited by the Law of 30 November 2001 and was annulled by the Law of 27 January 2005/

5.5.5.to verify and validate geodetic and cartographic equipments;

5.5.6.to take measure to implement the obligations of Mongolia assumed under international treaty with regard to geodetic and cartographic issues;

/This paragraph was annulled by the Law of 27 January 2005/

5.5.7. /This paragraph was annulled by the Law of 1 September 2000/

5.5.8.to inspect the condition, storage, protection, use of pictures included in secret category together with state authorized organizations;

5.5.9.to issue, sale, transfer, provide with information on topographic and background maps at various scale.

5.6.Geodetic and mapping works for military purpose shall be performed under supervision of The General Staff of the Mongolian Armed Force.

/This paragraph was amended by the Law of 27 January 2005/

/This part was amended by the law of 01 September 2016/

5.7.Other State Central Administrative Body shall have following plenary rights with regard to geodesy, cartography:

/This paragraph was amended by the Law of 27 January 2005/

5.7.1.to organize implementation of legislation on geodesy and cartography in subordinate departments;

5.7.2.to submit the next year’s subscription of geodetic and cartographic work to be performed on assignment or by request of state and within the framework of it’s affiliates before 1 of July of the particular year to the State Central Administrative Body in charge of geodesy and cartography;

/This paragraph was amended by the Law of 12 June 2003, 27 January 2005/

5.7.3.geodetic and cartographic work to be performed at expenses of own project being implemented shall be carried out by tender in cooperation with State Central Administrative Body in charge of geodesy and cartography.

/This paragraph was re-edited by the Law of 12 June 2003 and 27 January 2005 respectively/

5.8.Governor of Aimag, Capital city, Soum, Duureg shall have following plenary rights with regard to geodesy and cartography:

/This paragraph was amended by the Law of 27 January 2005/

5.8.1.to administer the implementation of State policy and legislations on geodetic and cartographic activity in the territory

5.8.2.to keep control over the geographic place name, frontier, information on altered and added objects, and geodetic permanent points and marks, make annual census and inform the State Administrative Body in charge of geodesy and cartography of the results within 1^st February of next year;

/This paragraph was amended by the Law of 12 June 2003/

5.8.3.entitled organizations, economic entities and citizens engaged in geodetic and cartographic production and service shall keep control over the geodetic and cartographic works being performed in the territory under their jurisdiction;

5.8.4.to keep control over the use of geographic place names, to present proposal about new names refers to their territory.

Article 6.The obligations of organizations, economic entities and citizens

6.1.Entitled organizations, economic entities and citizens engagd in geodetic and cartographic production and services shall have following obligations:

6.1.1.be granted right to carry out geodetic and cartographic production and service and special permit to carry out work;

/This paragraph was re-edited by the Law of 30 November 2001/

6.1.2.to have the measurement equipments verified and validated;

6.1.3.to make measurement in accordance with state integrated system of coordination and height.

6.2.Economic entities and citizens applying for special permit to carry out geodetic and cartographic production and services shall submit following documents as well as those mentioned in the article 11 of the Law on Licensing:

6.2.1.list, model number and certificate of technical equipments to be used for activity;

6.2.2.qualified stuff and their experience description;

6.2.3.list of instructions, standards and technical documents.

/This paragraph was added by the Law of 30 November 2001/

Article 7.Funding

7.1.The geodetic and cartographic works to be made at the request and commission of state shall be funded by State budget.

/This paragraph was amended by the Law of 2 January 2003/

7.2.Owner of the geodetic and cartographic work with state importance shall be the State Central Administrative Body in charge of geodesy and cartography and shall take measure to develop State requests and tasks annually and to record it on State budget.

/This paragraph was amended by the Law of 12 June 2003, 27 January 2005/

7.3.Owner of the geodetic and cartographic works among branches and with local importance shall be a relevant State Central Administrative Body.

7.4.Geodetic and cartographic works to be performed at the request of any organizations, economic entities and citizens shall be funded at owners expense of budget.

Article8.State inspection on geodesy and cartography

8.1.State geodetic and cartographic inspection shall ensure the implementation of legislations of economic entities, organizations and citizens on geodesy and cartography, Government decision and instructions and procedures approved by authorized organizations.

8.2.State geodetic and cartographic inspection shall be conducted by State inspectors for Geodesy and Cartography who work in the capital city, aimag and the Specialized Inspection Agencies.

/This paragraph was amended by the Law of September 1, 2000/

8.3.Procedure for State inspection on geodesy, cartography shall be approved by the Government.

Chapter 3

Miscellaneous

Article 9.State integrated database of the geodetic and cartographic information

9.1.The State Integrated database of Geodetic and Cartographic information (here in after referred to as the ‘’ database’’) comprises of the information on geodetic network, topographic map, aerial and spatial map, geographic place name and cadastre and other relevant digital information. Databasa is the property of the State.

9.2.Organizations, economic entities and citizens shall transfer the work performance report, original copy, list of coordinates (catalogue), plan, records and other digital information those funded by the State or Local budgets and budget of project being implemented by State Organization to the database at no of charge.

/This paragraph was amended by the Law of January 2, 2003/

9.3.The State Administrative Body in charge of geodesy and cartography may purchase performance reports of geodesy and cartography and other information prepareded by organizations, economic entities and citizens at their own expenses.

/This paragraph was amended by the Law of June 12, 2003/

9.4.State Integrated Database shall consist of followings:

/This paragraph was changed by the Law of June 12, 2003/

9.4.1.Maps, drafts, film, report, coordinate list and other digital information in possession of the State Administrative Body in charge of geodesy and cartography.

/This paragraph was amended by the Law of June 12, 2003/

9.4.2.Materials received from the organizations, economic entities and citizens under the article 962 of the present law.

9.4.3.Extremely important materials purchased from organizations, economic entities and citizens without author’s consent to reproduce and sell for others and other than those specified in the article 9.4.1 and 9.4.2 of the present law

9.4.4.Introduction of equipments, illustration and digital information submitted by citizens, economic entities and organizations to database for the purpose to advertise their creations and activities.

9.5. /This paragraph was annulled by the Law of 12 June 2003/

Article10.Permanent geodetic points and marks

10.1.Permanent geodetic points and marks are the property of the State.

10.2.If the organizations, economic entities and citizens indicated in article 6 of the present Law set up permanent geodetic point and mark, they shall hand in to the Governor of soum or district where the point and mark locates or to the Administration of special unit under jurisdiction of General Border Protection Authority if the mark and point is at a frontier strip.

/This paragraph was amended by the Law of 19 June 2003/

10.3.In order to construct building or conduct earth work on area where the permanent geodetic point and mark locates, organizations, economic entities and citizens must obtain approval from State Administrative Organization in charge of geodesy, cartography via Governor of soum and district or General Border Protection Authority. In case the point and mark is required to be moved to another place or destroyed, the applicant organization or economic entity shall be responsible for the reconstruction charge.

/This paragraph was amended by the Law of 12 and 19 of June 2003/

10.4.Following procedures shall be observed for taking care and protecting the permanent geodetic points and marks:

10.4.1.The owner, possessor and user of the lands and structures where the points and marks are located shall protect them and provide the condition to conduct geodetic activity freely;

10.4.2.Governors of soum and district shall be responsible for the condition of the permanent geodetic points and marks those located in the respective territory;

10.4.3.The General Border Protection Authority and the respective border detachment shall keep control over the condition of the permanent geodetic points and marks at the frontier strip;

/This paragraph was edited by the Law of 19 June 2003/

10.4.4.in case the permanent geodetic point and mark is damaged, destroyed or out of measurement condition, Governor and The Border Protection Authority shall inform to State Administrative Body in charge of geodesy and cartography and organize reconstruction work.

/This paragraph was changed by the Law of 12 and 19 June 2003 respectively/

Article11.Geographic place name

11.1.Governors of soum, district and the State Administrative Body in charge of geodesy, cartography shall jointly regulate the issues of protecting, using and writing geographical names correctly and providing citizens, economic entities and organizations with information on official geographic place names.

/This paragraph was changed by the Law of 12 June 2003/

11.2.The State Administrative Body in charge of geodesy and cartography shall implement the functions such as producing geographical name list, developing and publishing dictionary or guidebook, correcting name, keeping records on new names and names’ alteration and indicate names in map, considering the discussion of scientific and other relevant organizations.

/This paragraph was changed by the Law of 12 June 2003/

11.3.The following object names shall be referred to as the geographic place name:

11.3.1.Physiographic objects such as continent, sea, ocean, corner, gulf, island, peninsula, mountain range, steppe, desert, Gobi, river and lake;

11.3.2.Man made dam, pond, channel and trench which;

11.3.3.Other objects such as country, administrative and territorial unit including agriculture, industry, transportation and communication.

11.4.Identify earlier geographic place name and establish new name on the basis of the references and historical sources and if no source is available, establish the name based on recommendations of the natives, experts and researchers.

11.5.The following principles shall be observed to name the new objects;

11.5.1.Specify the name an object by the name of owner or person who has been involved to discover, research and construct;

11.5.2.Specify by it’s old name with the clarity of the direction, color and period;

11.5.3.different objects those are located nearly may be specified by same name.

11.6.Geographic place names may be altered in case of the following special events:

11.6.1.name of the number of objects those specified by same name is likely to cause difficulty for transportation, communication and other organizations activity;

11.6.2.traditional name familiar to the natives is requested to be recovered;

11.6.3.if the object was specified by a slang name that doesn’t conform the nature of it.

11.7.Geographical names to be altered or renamed shall satisfy the following requirement:

11.7.1.include the certain characteristic of geographic and surrounding object, historical and cultural specification;

11.7.2.consist of less that 3 words and to the relevant notation and pronunciation of Mongolian language.

11.8.Government shall synthesize the geographical names those refer to an administrative and territorial unit of land and confirmed by State Great Khural.

Article12.Prohibited activities

12.1.Organizations, economic entities and citizens shall be prohibited to carry out the following activities with regard to geodetic and cartographic production and service:

12.1.1.printing the secret topographic map and digital information without special permit of The State Central Administrative Body in charge of geodesy and cartography;

/This paragraph was re-edited by the Law of 30 November 2001, and was re-amended by the Law of 12 June 2003, then was re-edited by the Law of 27 January 2005/

/This part was annulled by the law of 20 January 2011/

12.1.2.destroying and damaging the geodetic permanent points and marks and making out of order;

12.1.3.translating official geographic names into other languages other than Mongolian, transcribing by other language pronunciation and changing their names in the formal documents and on activities;

12.1.4.publishing, propagating and copying the cartographic products produced by organizations, economic entities and citizens by breaching the relevant legislation.

Article 13.Compensation for damage

13.1.Organizations, economic entities and citizens shall compensate for damage caused to the land, edifice and other object while making a geodetic measurement and setting up a geodetic points and marks in accordance with legislation.

13.2.Contractor organizations or economic entities and citizens shall be responsible for the compensation of direct loss caused due to dissatisfied standard requirement of executed work.

Article 14.Liability for breach of legislation

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

14.2.An individual, legal entity that has breached this law is subject to the liability in accordance with Criminal law or Law on Offence.

/This article was amended by the law of 4 December 2015/

Article15. Effective date

This law shall come into force on 15 November 1997.

Deputy Chairman of the State Great Khural of Mongolia Ts.Elbegdorj