An unofficial translation
LAW OF MONGOLIA
June 21, 2018 Government palace, Ulaanbaatar city
This law shall come into force on November 1, 2018
THE GENERAL LAW ON STATE REGISTRATION
Article 1. Purpose of the Law
1.1. The purpose of this Law is to regulate general relations with respect to defining registration category, ensuring accuracy of registration, providing conditions for prompt delivery of public services and maintaining state registration, as well as state registration principles and types, integrated database, the structure, functions and full power of the state registration authority.
Article 2. Legislation on State Registration
2.2. If an international treaty of Mongolia is inconsistent with this Law, then the provisions of the international treaty shall prevail.
Article 3. Definitions of Terms of the Law
3.1. The following terms used in this Law shall be understood as follows:
3.1.1. “State registration” refers to registration activities provided by laws and related to creation, change and termination of rights and obligations;
3.1.2. “Civil state registration” refers to registration activities provided by laws and related to creation, change and termination of rights and obligations of citizens;
3.1.3 “State registration of legal entities” refers to registration activities provided by laws and related to creation, change and termination of rights and obligations of legal entities;
3.1.4 “State registration of property rights” refers to registration activities provided by law and related to creation, change and termination of rights of a property located in the territory of Mongolia irrespective of the types of ownership and owner’s citizenship affiliation;
3.1.5. “Integrated state registration database” refers to the collection of state registration information, both in paper and electronic forms, of citizen, legal entity and property rights accumulated, developed and stored in accordance with integrated category, coding, index, methodology, standards, document requirements and stipulations of laws;
3.1.6. “Citizen identity card’s memory” refers to digital memory, which incorporates personal information of citizen in accordance with this Law, and which enables the information to be written, read and changed;
3.1.7. “Source document” refers to verification documents and filled-in registration forms necessary for state registration as required by laws;
3.1.8. “Digital archive records” refers to photo and digital copies of source documents;
3.1.9. “Database of names” refers to an integrated list of family names, surnames and given names of citizens in Cyrillic, Uigarjin and Latin letters recorded in state registration;
3.1.10. “Database of addresses” refers to a list containing the number of a building, name of a street, district, administrative and territorial unit, name of a place or river as recorded in state registration pursuant to laws.
Article 4. Principles of State Registration
4.1. State registration activities shall be governed by the following principles:
4.1.1. Unified structure and methodology;
4.1.2. Centralized management;
4.1.3. Be independent;
4.1.4. Be accurate, objective and binding;
4.1.5. Be recorded on the basis of verified documents and pursuant to procedures provided by law;
4.1.6. Respect the legitimate interests of citizen and legal entities, and protect the confidentiality provided by laws;
4.1.7. Unless otherwise provided by laws, the information on state registration shall be transparent, open and accessible to public.
Article 5. Registration Category and Registration Maintenance
5.1. Registration is classified as state registration and specialized registration.
5.2. The integrated system of state registration shall consist of civil state registration, state registration of legal entities, and state registration of property rights.
5.3. Registration provided by laws other than stated in Paragraph 5.2 of this Law, shall be specialized registration, and its list shall be approved by the Government.
5.4. Unless otherwise provided by laws, the principles governing the activities of state registration shall equally apply to specialized registration, and specialized registration shall be based on the information of state registration.
5.5. Registration shall use information based on verification documents and be recorded in Mongolian.
5.6. Unless otherwise provided by laws, registration may be recorded online.
5.7. In case of online registration, a coded technology that ensures its security shall be used. It shall have a coherent, unified standard and methodology.
5.8. Specialized registration information database shall have the possibility of exchanging information with state registration information database.
5.9. Specific relations of state registration provided in Articles 6, 7 and 8 of this Law shall be regulated by the laws on civil state registration, state registration of legal entities and state registration of property rights.
5.10. Specialized registration activities specified in Paragraph 5.3 of this Law shall be regulated by the relevant law.
Article 6. Types of Civil State Registration
6.1. Civil state registration shall have the following types, particularly registration of:
6.1.3. Dissolution of marriage;
6.1.4. Marriage restoration;
6.1.5. Paternity determination;
6.1.7. Changes of family name, surname and given name;
6.1.9. Citizen identity card;
6.1.10. National passport and its identical document;
6.1.11. Biometric trait (fingerprint);
6.1.12. Residence address;
6.1.14. Acquisition, cessation and restoration of citizenship of Mongolia;
6.1.15. Sex change.
6.2. The citizen identity card of Mongolia is a document confirming the citizenship of Mongolia, and until it is granted, citizens under 16 years shall have a birth certificate with a registration number.
6.3. The following data shall be visibly printed on the citizen identity card:
6.3.1. Family name, surname and given name;
6.3.2. Date of birth;
6.3.3. Registration number;
6.3.5. Issuing authority;
6.3.6. Date of issuance;
6.3.7. Date of expiry;
6.3.8. Residence address.
6.4. The Government shall approve the template of citizen identity card, its definition and regulation.
6.5. Transfer of citizen identity card to others, damage it intentionally, its unlawful usage, usage as a collateral and forgery shall be prohibited.
6.6. Citizen identity card’s memory may contain citizen’s personal information, the list of such information shall be approved by the Government.
6.7. Citizen’s personal information registered in citizen identity card’s memory may be used in state registration.
6.8. Citizen of Mongolia may use their citizen identity card in receiving services from public and private organizations.
Article 7. Types of State Registration of Legal Entities
7.1. State registration of legal entities shall have the following types, particularly registration of:
7.1.1. Foundation of legal entity;
7.1.2. Reorganization of legal entity;
7.1.3. Changes in information of legal entity;
7.1.4. Dissolution of legal entity;
7.1.5. Representative office of foreign legal entity;
7.1.6. Branch and representative office of legal entity;
7.1.7. Control number of seal and stamp of legal entity;
7.1.8. Exclusion of legal entity from state registration upon the decision of state authority.
Article 8. Types of State Registration of Property Rights
8.1. State registration of property rights shall have the following types, particularly registration of:
8.1.1. Ownership rights of property;
8.1.2. Right to construct a building on another person’s land;
8.1.7. Financial leasing of watercraft or aircraft;
8.1.9. Right to own and use land.
INTEGRATED STATE REGISTRATION DATABASE
Article 9. Integrated State Registration Database
9.1. Mongolia shall have an integrated state registration database and it shall be the property of the state.
9.2. Integrated state registration database shall consist of archives of source documents and the electronic database.
9.3. The state registration category and codes shall be jointly approved by the state registration authority, state administrative organ in charge of communication matters and the national statistical committee.
9.4. Registration specified in Articles 6, 7 and 8 of this Law shall constitute primary information, and archival source documents shall constitute its source.
9.5. Integrated database and electronic network of state registration shall be fully protected from the loss and removal and shall fall into the category of nationally important facilities.
9.6. Responsibility for the privacy of integrated state registration database and reliability of storage and safety of source documents shall rest with the state administrative organ in charge of state registration, its local branch and state registration officer (hereinafter referred to as “state registration authority”).
9.7. Integrated state registration database may be electronically generated and developed.
9.8. Duplicate records of integrated state registration database shall be stored at the organization in charge of state electronic database.
9.9. General requirements for system, equipment, technology and software for state registration electronic database, and the procedure on exchange of information with organization in charge of state electronic database shall be approved by the Government following the proposal of state registration authority.
9.10. A person, who is using integrated state registration information, as per his/her work requirements, shall abide by confidentiality commitments provided by law.
9.11. State registration electronic database shall have an access to other state database for exchange of information. A shared database shall be created at the organization in charge of state electronic database.
9.12. Expenses related to usage, storage, protection, ensuring safety and security of integrated state registration database shall be included in the annual state budget.
Article 10. Archive of Source Documents of State Registration
10.1 State registration authority shall create a nationwide specialized archive of source documents necessary for conducting and certifying registration specified in Articles 6, 7 and 8 of this Law and shall be responsible for its maintenance, update, storage, safety, security and reliability of its privacy.
10.2. Procedure for storing source documents of state registration into archives shall be approved by a head of state administrative organ in charge of state registration.
10.3. State registration authority shall produce a nationwide monthly, quarterly and annual report of newly created personal files, their additions, updates and closed files of state registration.
10.4. State registration authority shall have an electronic archive of source documents.
Article 11. Electronic Database of State Registration
11.1. State registrar shall be responsible for entering information into electronic database of state registration, its change, processing and validation.
11.2. State registrar shall enter accurately information into the electronic database on the basis of source documents using hardware and software endorsed by state registration authority.
11.3. State registration authority shall be responsible for transferring the registration data specified in Articles 6, 7 and 8 of this Law into an electronic form, for creating, distributing and using a database and ensuring its stable function, storage, safety, security and reliability of its privacy.
11.4. The state registration organization shall preserve the electronic database in accordance with technological requirements.
11.5. The information and technology unit shall have the following rights and responsibilities as per the storage, safety, security and the reliability of the privacy of the electronic database of state registration:
11.5.1. To be responsible for the storage, safety, security and normal operation of hardware related to electronic database and software security, and for ensuring the connectivity of the database;
11.5.2. To uncover and block an unauthorized access to the integrated database, information system and electronic database, and take prompt action to restore the system;
11.5.3. To demand the compliance with the information security procedure, in case of breach eliminate the damage, limit access to the electronic database and information network and take other necessary measures;
11.5.4. To conduct an annual risk evaluation, identify information security vulnerability level, and make proposals concerning preventive and other necessary measures;
11.5.5. Other rights and responsibilities prescribed in the relevant legislation, rules and procedures.
11.6. Government member in charge of state registration shall approve the regulations concerning receiving, storing information in the electronic database of state registration, and ensuring its safety and security.
11.7. Head of state administrative organ in charge of state registration shall approve the regulations concerning handling of electronic database of state registration, its storage, safety, security and the reliability of its privacy.
11.8. Information from the electronic database of state registration shall be treated as equal to a paper prototype.
PROVISION OF INFORMATION FROM STATE REGISTRATION AUTHORITY
Article 12. Provision of Information from State Registration Authority
12.1. Information from the integrated state registration database shall be provided on a transparent, confidential or restricted basis to a person who qualifies for requirements established by this Law.
12.2. The information, which shall be provided on a transparent basis from integrated state registration database, is set forth below:
12.2.1. Database of names;
12.2.2. Database of addresses;
12.2.3. Legal entity’s name, address, registration number, type, status, operation, registration date, name and number of founders, name of shareholders, family name, surname and given name of a person authorized to represent the legal entity without trust, and information on whether it was reorganized or dissolved or changed its status or name;
12.2.4. Location, boundary, area, size, quantity, purpose, status, turning point, state registration type, special records of land and immovable property other than pertaining to state or official secrets;
12.3. The information, which shall be provided on a confidential basis from integrated state registration database, is set forth below:
12.3.1. Registration of biometric trait (fingerprint) of citizens;
12.3.2. Registration of immovable property pertaining to state secrets;
12.3.3. State registration information recorded in taking measures under Article 7 of the Law on Protection of Witnesses and Victims;
12.4. Information specified in Paragraph 12.3.1 of this Law may be used in maintaining civil state registration, monitoring registration of voters, and in recognition and verification subject to a citizen’s consent.
12.5. Information other than specified in Paragraph 12.3 of this Law shall be provided for free pursuant to the request of an authorized official from an organization specifically empowered under the relevant law.
12.6. Unless otherwise provided by laws, information other than specified in Paragraphs 12.2 and 12.3 of this Law may be provided to citizens and legal entities subject to the consent of a particular individual or legal entity or on a restricted basis through a notary for the purposes specified in Paragraph 12.7 of this Law in accordance with legal grounds and procedures. The service fee shall be set in accordance with Paragraph 21.2 of this Law.
12.7. The following information may be received to use for the purposes set forth below in accordance with the procedure provided in Paragraph 12.6 of this Law:
12.7.1. Name of land owner, possessor and user, and name of immovable property owner in order to protect the rights and legitimate interests of customers;
12.7.2. Information on address for the purposes of filing complaints and claims to civil court or arbitration due to violations of the rights and legitimate interests of customers.
12.8. The Government shall approve the procedure on providing reference documents and information specified in Paragraphs 12.2 and 12.6 of this Law, as well as the procedure on accessing and providing information specified in Paragraph 12.3 of this Law.
12.9. Unless otherwise provided by laws, the state registration authority shall resolve and respond within 5 working days after the receipt of a request or application for reference documents and information.
12.10. Reference documents and information provided from the integrated state registration database shall be stamped by the state registration authority, and the copy of source documents from the archive shall be certified with ‘true copy” stamp.
12.11. Reference documents and information may be provided electronically and they shall be equally valid as those under Paragraph 12.10 of this Law.
12.12. The Government shall approve the procedure on exchanging information, developing and using database with state and other organizations electronically, based on the proposal of the relevant Government member.
12.13. If a person, who obtained reference documents, information or a copy of state registration, does harm to the rights and legitimate interests of the particular property’s owner, possessor, user or shareholder using such information, he/she shall be held liable as required by law.
12.14. An attorney or authorized representative, participating in review process of criminal, civil, violation, administrative, arbitral cases or disputes, shall file a request to the state registration authority for reference documents and information necessary for protecting his/her customer’s rights and interests through an authorized person who is reviewing the given case or dispute.
Article 13. Relations of State Registration Authority with State Organizations
13.1. All state organizations are obliged to offer assistance and provide necessary information to state registration activities, and to cooperate as required by laws.
13.2. In cases other than specified in Paragraph 12.10 of this Law, the procedure on relations and exchange of information between the state registration authority and other state organizations shall be approved by the Government member in charge of state registration together with a head of the relevant organization and a Government member.
13.3. Law enforcement organizations shall provide their decision concerning state registration within 3 working days to the state registration authority.
13.4. Person authorized to conduct an inquiry into source documents from personal files and original documents of the state registration authority’s archives shall personally come to the archives to carry out examination and analysis.
Article 14. Rights and Obligations of Citizens and Legal Entities
14.1. A citizen or a legal entity has the right to access state registration information pertaining to him/her or it in a written or electronic form.
14.2. A citizen of Mongolia, a foreign citizen, a stateless person and a legal entity on the territory of Mongolia is obliged to register the information specified in Articles 6, 7 and 8 of this Law to the state registration authority within the period required by laws.
14.3. A citizen or a legal entity is obliged to comply with lawful decisions and requirements of the state registration authority and its officials.
14.4. A person, who requested to register in state registration, is obliged to provide complete and accurate evidences of the rights to be registered, and to compensate any damage occurred to others due to the failure to fulfill this obligation.
STRUCTURE, MANAGEMENT AND FUNCTIONS OF
STATE REGISTRATION ORGANIZATION
Article 15. State Registration Organization Structure
15.1. State registration organization system consists of state administrative organ in charge of state registration, its local department, division, unit, officer for state registration and consular officer of overseas diplomatic missions of Mongolia.
15.2. State registration organization shall have a unified system and centralized management.
15.3. Activities of state registration organization shall be funded from state budget and the budget shall be sufficient for it to fully perform its function.
15.4. Local self-governing bodies and governors shall support creating necessary conditions for normal registration activities of local department, division, units and officers of state registration organization.
Article 16. Functions of State Administrative Authority for State Registration
16.1. State administrative authority for state registration shall implement the following functions:
16.1.1. to arrange implementation of state registration legislation and take measures to improve registration activities;
16.1.2. to provide professional and methodological guidance to all level registration organizations and state registrars, and monitor their activities;
16.1.3. to create and maintain written and electronic archives of source documents of state registration and electronic database, store them in relevant categories and ensure reliability of their storage and safety;
16.1.4. to cooperate with foreign country, international registration and other specialized organizations on state registration matters in accordance with relevant laws of Mongolia and international agreements;
16.1.5. to facilitate the work of and provide necessary information to the State Great Khural, President and Government of Mongolia and their affiliated organizations;
16.1.6. to enhance proficiency of human resources and capability of technology, hardware and software through integrated policy and plans;
16.1.7. to ensure accuracy and objectivity of state registration by taking measures to assess maintenance of state registration and accuracy of source documents, ensure its completeness and eliminate detected violations;
16.1.8. to produce integrated reports on state registration at the national level and provide information as specified by laws;
16.1.9. to organize professional training and prepare state registrars;
16.1.10. to approve and enforce procedures on document template, forms and relevant instructions on state registration matters in accordance with laws;
16.1.11. to develop state registration methodology in conformity with international categorization and standards, and enforce it by authorization of competent authorities.
16.1.12. other functions provided by laws.
Article 17. Full Power of Head of State Administrative Organ
in Charge of State Registration
17.1. Head of state administrative organ in charge of state registration shall exercise the following powers in addition to those specified in Paragraph 8.3 of the Law on Legal Status of Government Agencies:
17.1.1. to manage activities of state registration organization at the national level;
17.1.2. to approve rules and procedures to be followed by state registration organizations in their activities in conformity with this Law and other laws, ensure their implementation, and assess effects of relevant legislation, programs, strategies and projects.
17.1.3. to enforce service standards of state registration organization.
17.1.4. to approve structure and vacancies of local state registration departments, divisions, units;
17.1.5. to appoint and dismiss heads of local state registration departments, divisions and units, state registrars and state inspectors;
17.1.6. to monitor activities of state registrars and to amend, suspend or invalidate their unlawful decisions;
17.1.7. to reward or penalize employees of state registration organization;
17.1.8. to handle petitions, complaints and violations on state registration matters and resolve them in accordance with laws;
17.1.9. other powers provided by laws.
Article 18. Monitoring State Registration Activities
18.1. Inspection unit of state registration authority shall monitor state registration activities and implementation of state registration legislation.
18.2. Monitoring function of state registration shall be administered by general state inspector, senior state supervising inspector, state inspector, senior state inspector in rural areas and state inspector (hereinafter referred to as "state inspector").
18.3. Senior state supervising inspector and state inspector shall have a legal specialization.
18.4. Head of state administrative organ in charge of state registration shall be general state inspector.
18.5. General state inspector’s powers shall be granted by the Government; the powers of state inspector shall be granted by the general state inspector.
18.6. General state inspector shall provide state inspectors with professional and methodological guidance, and shall monitor their activities.
18.7. A state inspector shall report to the general state inspector and shall have the following rights and obligations in monitoring state registration activities:
18.7.1. to put an end to violations of state registration legislation and its accompanying rules and procedures, to confiscate faulty documents and other items and resolve it pursuant to the procedure provided by laws, and make an assessment to amend, suspend or invalidate a registration, submit a claim to relevant citizen, legal entity or officials for eliminating violations, task them with a deadline and ensure its fulfillment;
18.7.2. to take full responsibility for accuracy of his/her inspection, detected violation, submitted formal claim, written brief and assessment, and justification for penalty;
18.7.3. to keep confidentiality of state and official secrets and privacy of entities and individuals while performing his/her duties;
18.7.4. to have an access to archive files of state registration source documents.
18.8. A state inspector shall have a pass, template of which is approved by the state general inspector, a badge with personal number and use a pro forma for assessment, claim, notification, fine and penalty.
18.9. Citizens, legal entities and officials are required to implement a decision by state inspector within the specified period and provide a formal response.
Article 19. Rights and Obligations of State Registrar
19.1. Head of state administrative organ for state registration shall appoint and dismiss a citizen of Mongolia with a legal specialization as a state registrar of legal entity and a state registrar of property rights, and a citizen of Mongolia with a higher education as a civil state registrar.
19.2. Senior state registrar and state registrar shall work in state registration authority.
19.3. A state registrar shall use a badge with personal number. Head of state administrative organ for state registration shall approve the procedure on the use of state registrar’s badge.
19.4. A state registrar shall have the following rights and obligations:
19.4.1. to determine the accuracy of rights to be registered in state registration by obtaining source documents, commentary and references from relevant citizen, legal entity or officials;
19.4.2. to receive and review an application and source documents from a citizen and legal entity as per state registration types provided in Articles 6, 7 and 8 of this Law, and take a decision whether to register it or not;
19.4.3. to decline registering in state registration if source documents stated in Paragraph 19.4.2 are inconsistent, incomplete and in violation of relevant laws;
19.4.4. To take official letter, application, petition, complaint, proposal and notes as source documents and attache them to state registration file, make additions and registration;
19.4.5. To make amendments, notes into state registration based on a decision in accordance with laws by a competent authority pursuant to state registration types as stated in Articles 6, 7 and 8 of this Law, attach the decision to a state registration personal file and update it;
19.4.6. To create and maintain state registration electronic database and ensure its storage, safety and reliability;
19.4.7. To provide information and references on state registration to a citizen and a legal entity as provided by laws;
19.4.8. To maintain a state registration personal file;
19.4.9. To produce reports and briefs on state registration activities as required by laws;
19.4.10. To maintain impartially and accurately state registration records;
19.4.11. Be responsible for completeness of source documents of state registration personal files registered by him/her and their accuracy;
19.4.12. To keep confidentiality of state and official secrets and ensure privacy of organizations and individuals related to state registration;
19.4.13. If necessary go in person to a site where immovable property resides and get acquainted with its size and location;
19.4.14. Other rights and obligations provided by laws.
Article 20. Prohibitions in State Registration Activities
20.1. The following is prohibited in state registration activities:
20.1.1. A state registrar puts an unlawful claim to customers, treats them improperly and declines to register in state registration on unfounded grounds;
20.1.2. Collecting information not falling into his/her areas of competence, accessing it from integrated state registration database, using it and sharing with others;
20.1.3. Making correction, damaging, destroying or misplacing received applications, source documents and files of state registration of rights, adding or removing illegally source documents;
20.1.4. Deleting prior to established timeframe, transferring or selling to others detailed documents related to census, sample surveys and data processing stored in computer carriers and their memory of state registration authority;
20.1.5. Duplicating or skipping state registration number;
20.1.6. Duplicating or skipping reference document number;
20.1.7. Making corrections in recording state registration files, certificates and reference documents, and stating incorrectly the date and time of state registration;
20.1.8. Re-register an effective right already registered in state registration and issue a certificate accordingly;
20.1.9. A state registrar, to use illicitly his/her badge with personal number, to have it abused by others or use another registrar’ badge;
20.1.10. To violate a decision to suspend the right to introduce changes into state registration taken by a head of state registration authority or legal authorities, and make amendments or other changes;
20.1.11. A state registrar, to accept reward from others for performing his/her duties;
20.1.12. To provide references and information in ways other than stated in Paragraphs 12.9 and 12.10 of this Law, or provide information which is inconsistent with verification documents or counterfeit documents;
20.1.13. To change arbitrarily state registration reports;
20.1.14. To register an amendment into state registration of citizen, legal entity and property rights related to criminal, civil and administrative cases and disputes, which have been reported as under review from law enforcement authorities in accordance with laws.
20.2. It is prohibited for anyone other than state registrar, state inspector or senior state inspector to have access to archive files of source documents of state registration. Amendments and additions to such files are prohibited to be made by anyone other than a state registrar and a senior state registrar.
20.3. Source documents files of state registration are prohibited to be taken out beyond the premises of the organization.
20.4. It is prohibited for citizen and legal entities other than state registration authority to administer state registration activities provided by this Law.
Article 21. State Registration Service Fee
21.1. In accordance with the procedure provided by laws state stamp duty and service fee shall be paid for registering in state registration and acquiring references and other information.
21.2. The Government shall determine the service fee specified in paragraph 21.1 of this Law.
Article 22. Dispute Resolution
22.1. A dispute regarding state inspector’s decision shall be resolved by a higher level state inspector. If there is a disagreement with a decision by a higher level state inspector, a complaint may be filed to a court.
22.2. Unless otherwise provided by laws, a dispute related to state registration specified in Articles 6, 7 and 8 of this Law shall be resolved by court.
Article 23. Liabilities for Violation of the Law
23.1. If an act by an official in breach of this Law is not criminal in nature, liabilities specified in the Law on Civil Service shall be imposed.
23.2. A person or a legal entity that violates this Law shall be subject to liabilities under the Criminal Code or the Law on Violation.
Article 24. Effective Date of the Law
24.1. This Law shall come into force on November 1, 2018.
CHAIRMAN OF THE STATE GREAT KHURAL
 The Constitution of Mongolia, published in “Toriin Medeelel” (The State Bulletin), Vol.1, 1992.
 The Civil Code of Mongolia, published in “Toriin Medeelel” (The State Bulletin), Vol.7, 2002.
 The General Law on State Registration, published in “Toriin Medeelel” (The State Bulletin), Vol.28, 2018.
 The Law on Protection of Witnesses and Victims, published in “Toriin Medeelel” (The State Bulletin), Vol.30, 2013.