(2022-12-19-ний өдрийн орчуулгын хяналт)                                 Unofficial translation

LAW OF MONGOLIA

June 27, 2002                                                                               Ulaanbaatar city

ON ALLOCATION OF LAND TO MONGOLIAN CITIZENS FOR OWNERSHIP

CHAPTER ONE

GENERAL PROVISION

Article 1.Purpose of the Law

1.1.The purpose of this law is to regulate allocation of land to citizens for ownership and related relations arisen out of such allocation.

Article 2.Legislation on land ownership to citizens

2.1.Legislation on land ownership for Mongolian citizens shall consist of the Constitution of Mongolia, the Civil Code, the Land Law, this law, and other legislative acts enacted in compliance with these laws.

2.2.In case that any international treaty to which Mongolia is a party provides otherwise than this Law regarding the relationship with land ownership in Mongolia, the provisions of this law shall be followed based on the Constitution of Mongolia.

Article 3.Legal Terms and Definitions

3.1.Legal terms used in this Law shall have the following meanings:

3.1.1."land" means the surface of the landscape, its spatial layer including its soil and vegetation.

3.1.2."allocation of land to Citizens for ownership" means transferring of land from the lands specified in the Constitution of Mongolia to the ownership of a Mongolian citizen in accordance with the size, conditions, requirements, procedures, and conditions specified in this law.

Article 4.Purpose of Land Allocated to Citizens for Ownership

4.1.Land shall be allocated to Citizens for the following purposes:

4.1.1.for family needs;

4.1.2.for agricultural and farmstead purposes.

Article 5.Principles of Allocating Land to Citizens for Ownership

5.1.The following principles and grounds shall be followed for the allocation of land to citizens for ownership:

5.1.1.land-allocation measures to be carried out only for the purposes specified in this Law openly under state and public control on the voluntary basis of a citizen who wishes to acquire ownership of land; 

5.1.2.when allocating land to citizens for purposes other than agriculture, total size and location of the land to be owned by the citizens and the number of citizens who want to acquire the land to be considered, which specified in the general land management plan of the aimag and the capital city, the general and partial development plans of the soum's center and the city, the land management plan of the soum and the district for the given year and decision of the  Citizens' Representative Khural of soum and village of that level. ;

5.1.3.when allocating land to citizens for agriculture purpose, total size, location of the land and number of the citizens who wish to own land to be considered, which specified in the future plan and plan for the given year for agricultural development of the aimag, soum, capital, and district;

/This sub-paragraph was amended according to the law of April 22,2022/

5.1.4.citizens of Mongolia to be allocated with one-time free ownership of land for the purpose specified in subparagraph 4.1.1 of this law.

/This sub-paragraph was amended according to the law of May 22, 2008/

5.1.5.when allocating the land ownership to citizens for the purposes specified in subparagraph 4.1.1 of this law:

5.1.5.1.If according to the Land Law, the land owned by a citizen shall belong to the land to be owned by the citizens specified in the plan specified in subparagraph 5.1.2 of this law, and a citizen makes a request, the land shall be allocated for him/ her;

5.1.5.2.If in accordance with the Land Law, the land owned by a citizen is not included in the plan and decision specified in subparagraph 5.1.2 of this Law, and does not belong to the land to be owned by citizens, and a citizen applies for land ownership, the land shall be allocated for him/ her in the first instance, which included in the plan and decision specified in subparagraph 5.1.2 of this Law in order to be owned by citizens and the right of other persons to possess or use it has not arisen yet;

5.1.6.When allocating the land ownership to citizens for the for purposes other than agriculture:

5.1.6.1.if the land that was acquired by signing an appropriate contract by the decision of the competent authority in accordance with the procedure specified in the legislation on land according to procedures specified in land legislation for buildings and constructions built, or that are being built by citizen's own property, or privatized, which was owned and transferred into citizen's ownership in accordance with the procedure specified in the Civil Code and Law on State and Local Property, included in the land to be owned by citizens specified in subparagraph 5.1.2 of this law and a citizen makes a request, it shall be sold and allocated for him/ her;

5.1.6.2.if the land to be owned for buildings and constructions built, or that are being built by citizen's own property, or privatized, to ownership in accordance with the procedure specified in the Civil Code and Law on State and Local Property included in the land to be owned by citizens specified in subparagraph 5.1.2 of this law, shall be granted by holding an auction for his/her ownership

5.1.7.Ownership shall be granted to citizens who are engaged in agricultural production on the land for the purpose of agriculture in the form of partial or joint ownership;

5.1.8.When allocating land ownership to a citizen for agricultural purposes:

5.1.8.1. if according to the Land Law, agricultural land owned by a citizen is included in the land to be owned by citizens in the plan specified in subparagraph 5.1.3 of this law, and in case a citizen has requested, the land shall be sold and transferred to his/her ownership at priority;

5.1.8.2.if a citizen who does not own agricultural land according to the Land Law, applies for the ownership of agricultural land, and if the land is included in the land to be owned by citizens in the plan specified in subparagraph 5.1.3 of this law, it shall be owned by an auction.

5.2.A foreign citizen or a stateless person who is married to a citizen of Mongolia shall not have the right to own land.

Article 6.Land to be owned by citizens

6.1.Citizens shall own the following land for purposes other than agriculture:

6.1.1.in the lands other than public lands in the territory of city, village, and other settlements /streets, squares, roads, places for recreation, recreation, sports, gardens, cemeteries, waste disposal sites, treatment areas, etc./, pastures, forests, and places with water reservoirs, places of special needs, roads and networks;

6.2.Citizens shall own the following land for agricultural purposes:

6.2.1.agricultural field and the cultivated land

Article 7.Size of Land to be Allocated for Ownership

7.1.Land to be allocated to a citizen for family use shall have the following size depending on its location and purpose:

/Sub-paragraph 4 of this paragraph was added according to the law of May 22, 2008/

/This paragraph was amended according to the law of May 22, 2008/

7.2.The size of land to be allocated to citizens for farmstead purposes other than agriculture shall be as follows:

7.2.1.the land specified in subparagraph 5.1.6.1 of this law, shall be equal to the land owned for the building depending on its location and purpose;

7.2.2.the size of the land specified in subparagraph 5.1.6.2 shall be equal to the size of land sold through given auction.

7.3.The size of land to be allocated to a citizen for agricultural purposes shall be as follows:

7.3.1.the land specified in subparagraph 5.1.8.1 of this law shall be equal to the land owned by the citizen, depending on its location and fertility;

7.3.2.the land specified in subparagraph 5.1.8.2 of this law shall be equal to the size of land sold through given auction.

CHAPTER TWO

POWERS OF STATE ORGANIZATIONS AND LOCAL AUTHORITY REGARDING LAND OWNERSHIP TO CITIZENS AND REGULATION OF PRIVATELY OWNED LAND RELATIONS

Article 8.Powers of the State Great Khural

8.1.In accordance with the Constitution, the State Great Khural shall determine the state general policy regarding the land relationship between to be allocated for the citizens and private ownership.

Article 9.Powers of the Government

9.1.The Government shall exercise the following powers:

9.1.1.to organize the implementation of the general policy of the State on allocating land to Citizens for ownership and on privately owned land relations;

9.1.2.to determine the total size, location and purpose of land to be allocated to Citizens for ownership for a given year in nationwide based on the proposals of aimags and Capital City;

9.1.3.to approve the basic valuation and method of land to be allocated to Citizens for ownership;

9.1.4.to make decision with respect to replacement or taking back Citizens' privately owned land with compensation based on the special need of the State;

9.1.5.to approve procedures for inspecting and certifying the status and quality of land to be allocated to Citizens for ownership;

9.1.6.to determine the amount of fees for services related to the state registration of property rights for civil property authority;

/This sub-paragraph was amended according to the law of June 21, 2018/

9.1.7.other powers provided by law.

Article 10.Powers of state administrative bodies in charge of land issues

10.1.The State Central Administrative Body in charge of land issues shall exercise the following powers:

10.1.1.to implement the nationwide general policy of the State on allocating land to Citizens for ownership;

10.1.2.to provide Governors of all level with integrated management in organizing and implementing allocation of land to citizens for ownership;

10.1.3.to consolidate and present proposals submitted by Governors of aimags and the Capital City regarding location, intended use and size of land to be allocated to Citizens for ownership, and to register the general location, intended use, boundary and size of land to be owned by every soum and district;

10.1.4.to make preliminary negotiation and agreement with respective owner of land on issue of replacement or taking back the Citizen's privately owned land with compensation based on special needs of the State on behalf of the Government;

10.1.5.to approve the format of application for a request to own a land;

10.1.6.other powers provided by law.

Article 11.Powers of the Khural of Citizen's Representatives of Aimags and Capital City

11.1.Khural of Citizen's Representatives of Aimags and Capital City shall exercise following powers:

11.1.1.to monitor implementation of the legislation and their own decisions on allocating land to Citizens of Mongolia for ownership within their own territory;

11.1.2.to discuss proposals submitted by Governors of aimags and the Capital City regarding the location, intended use and size of land within the territory of the aimag or the Capital City, by each soum and district, to be allocated to Citizens for ownership in a given year;

11.1.3.to monitor the process of allocating land to citizens for ownership and, if necessary, to discuss reports from governors at various levels on the subject;

11.1.4.other powers provided by law.

Article 12.Powers of the Capital City and aimag's Governors

12.1.Governors of the Capital City and aimags shall exercise following powers:

12.1.1.to implement the integrated policy of the State and respective legislation on allocating land to Citizens for ownership within the territory of the Capital City or their respective aimags;

12.1.2.to review and consolidate the proposals of the Governors of soum and districts, prepare proposals for the total amount of land to be owned by citizens at the level of aimag and capital in the given year for each soum and district for each intended use specified in Article 4 of this law. In addition, to submit them to state administrative body in charge of land issues for registration by having them discussed at the Khural of Citizens' Representative of Aimag and Capital City;

12.1.3.to accept the application for land ownership submitted by the Governor of soum, aimag and the District Governor of the capital city, and make a decision on land ownership based on the proposal of the Khural of Citizens' Representative at that level;

12.1.4.to file a lawsuit in court to issue a decision to confiscate the land in case any citizen who acquired land by the decision of governor of  aimag or capital has transferred his land to the ownership of a foreign legal entity, a foreign citizen, or a stateless person, used agricultural land for unintended or used contrary to public health, natural conservation and interests of national security;

12.1.5.other authorities provided by law.

Article 13.Powers of the Khural of Citizens' Representatives of soum and district

13.1.Khural of Citizens' Representative of soum and district shall exercise the following powers:

13.1.1.to monitor the implementation of land ownership law and regulations for Mongolian citizens in the territory, monitor the implementation of decisions made as well as to discuss the Governor's report on this matter. 

13.1.2.to discuss proposals submitted by Governors of soum and districts regarding location, intended use and size of land to be allocated to Citizens for ownership in a given year;

13.1.4.other powers provided by law.

Article 14.Powers of the Soum and District Governor

14.1.Governors of soums and districts shall exercise the following  powers:

14.1.1.to organize implementation of the legislation on allocating land to Citizens for ownership within the territory of respective soums and districts;

14.1.2.to prepare proposals on the location and total amount of land to be owned by citizens in the given year within the territory of soum and district for each intended use specified in Article 4 of this law for in case of district, to develop separately for each administration unit and village and for each intended use specified in Article 4 of this law in case of soum. As well as to submit them to the governor of aimag and capital by having them discussed at the Khural of Citizens' Representatives;

14.1.3.governors of soum, the capital of the aimag, and district governors of the capital shall receive land ownership application from citizens and forward them to the governors of aimag and capital and Governor of other soums shall receive such application to make a decision on land allocation based on Khural of Citizens' Representative of that level.

14.1.4.to accept applications from a citizen who has requested to have his/her land used and owned by others and grant permission to have it owned and used by others; 

14.1.5.if the land owned by a citizen has been transferred to the ownership or possession of a foreign legal entity, a foreign citizen, or a stateless person, if agricultural land has been used against its intended purpose, or contrary to the interests of the public health, natural conservation, or interests of national security, the Governor of soum, who made a decision to transfer the land to the citizen, shall lodge a claim for a confiscation, or submit a proposal to lodge a claim to the governor of the aimag or capital city who decided to grant land ownership to the citizen;

14.1.6.other powers provided by law.

Article 15.Powers of the khural of public of the citizens of the bag and khoroo

15.1.The Khural of Public of the citizens of the bag and khoroo shall exercise the following powers:

15.1.1.be presented with reports from the Governors of respective bag or  khoroo on how monitoring is being implemented on the land legislation to Mongolian citizens for ownership within their own territory and ;

 15.1.2.other powers provided by law.

Article 16.Powers of the bag and khoroo Governors

16.1.Governors of bag and khoroo shall exercise the following powers:

16.1.1.to ensure the implementation of the decision made by the higher-level organizations or the Khural Public of citizens of bag and khoroo on the issue of land ownership;

16.1.2.to monitor implementation of the legislation on land allocation to Citizens of Mongolia for ownership within their own territory;

16.1.3.other powers provided by law.

CHAPTER THREE

ALLOCATION OF LAND TO CITIZENS FOR OWNERSHIP

Article 17.State control and assurance of the inspection and quality of land to be allocated to citizens for ownership

17.1.Control and assurance of inspection and quality of the land must be carried by the state out when allocating land to Citizens for ownership.

17.2.The professional entity licensed by the State Administrative Body in charge of land issues shall carry out inspection and assurance of condition and quality of the land to be allocated to Citizens for ownership according to legislation on land, and shall issue an opinion.

17.3.The conclusion of the state inspection and assurance of land condition and quality is an integral part of the state registration certificate of property rights, granted by the competent authority to citizens who have acquired land.

/This paragraph was amended according to the law of June 21, 2018/

17.4.Issues related to indicators and methods of state inspection and assurance of the land condition and quality shall be regulated by Article 58 of the Land Law.

Article 18.Determination of the value, time and procedure for its payment of land to be allocated to citizens for ownership

18.1.The value of land to be owned by a citizen for the purposes specified in Article 4 of this law shall be determined by the soum and the district governor based on the basic land value and the land valuation method.

18.2.Before registering the land with the state registry of property rights, a citizen shall have paid the value of the land acquired for the purpose specified in Article 4 of this law to the soum and district budget.

/This paragraph was amended according to the law of June 21, 2018/

Article 19.Rights and Duties of Citizens Who Will Acquire the Land for Ownership

19.1.Citizens entitled to acquire land for ownership shall have the following rights:

19.1.1.to submit application to Governor of soum and district on acquiring land from the areas permitted for ownership by this Law;

19.1.2.to acquire land for purposes described in subparagraph 4.1.1 of this Law once and for free;

19.1.3.to acquire land described by subparagraph 5.1.5.2 of this Law for free on the first instance;

19.1.4.if the land applied by a citizen who does not possess land according to the Land Law for purposes described in subparagraph 4.1.1 of this Law is included in the category of land provided by subparagraph 5.1.2 of this Law to be allocated for ownership; and if the land has not been possessed or used by others, he/she shall acquire the land for ownership for free depending on the order of submission of applications to the Governor of the respective soum or district;

19.1.5.to purchase land described by subparagraph 5.1.6.1 of this Law by paying the value of the land;

19.1.6.to to purchase land described by subparagraph 5.1.8.1 of this Law by paying the value of the land by preferential rights;

19.1.7.to acquire land described by subparagraphs 5.1.6.2 and 5.1.8.2 of this Law for ownership through an auction.

19.2.Citizens with the right to acquire land for ownership shall have the following duties:

19.2.1.to have the national cadastral map of state land registration produced according to cadastral mapping and the Law on land cadaster;

19.2.2.to have the boundaries and limits of the owned land marked with signs;

19.2.3.to have the state inspection and assurance on the condition and quality of the land carried out on the land to be acquired for ownership;

19.2.4.to collect accurately and correctly the package of documents provided by Article 20 of this Law with respect to land acquisition for ownership.

Article 20.Application to Acquire Land for Ownership and Its Review

20.1.Citizens must include following in their applications to acquire land for ownership:

20.1.1.surname, father's/mother's name, first name, and civil registration number of each family member;

/This sub-paragraph was amended according to the law of June 3, 2022/

20.1.2.address of the place of residence, phone number, administrative and territorial jurisdiction of the land to be acquired for ownership;

20.1.3.intended use and size of the land to be acquired for ownership;

20.1.4.If the land to be acquired for the intended use specified in Article 4 of this law is to be shared or jointly owned by citizens, the citizens shall attach such request .

20.2.The application must be signed by every family member who has turned the age of 18 by writing down the date and time of application.

20.3.Citizens shall attach the following documents to their applications to acquire land for ownership:

20.3.1.Copies of birth certificate of family member who has not turned the age of 16 (the authorized person receiving the document shall compare the copy with the original and mark the authenticity of the copy free of charge), if submitted by mail, a notarized copy shall be attached;

/This sub-paragraph was amended according to the law of February 10, 2011/

20.3.2.A reference letter by a Governor of bag and khoroo (or head of a village) on the status of the family and number of its members;

20.3.3.If a citizen owns land according to the Land Law, a copy of the land ownership certificate (the authorized person receiving the document shall compare the copy with the original and mark the authenticity of the copy free of charge) or copy of land ownership contract, if submitted by mail, a notarized copy shall be attached;

/This sub-paragraph was amended according to the law of February 10, 2011/

20.3.4.An overview showing the location and size of the requested land /if the land is being owned jointly, then an overview of its size, location, and boundaries of the land assigned to each owner/.

20.4.The governor of soum and district shall receive the application and sign it by noting the order of receipt, date, time, and minutes.

20.5.Application regarding land ownership shall be received from citizens after the appropriate decision is made concerning location, intended use and the size of the land to be owned by citizens by the Khural of Citizen's Representative.

20.6.The Governor shall review and resolve the application to acquire land for ownership within 3 months after the date of receiving it.

Article 21.Decision-making on Land Allocation for Ownership

21.1.The Governor, who has the authority to grant ownership of land to a citizen, shall issue an order to grant ownership of land to a citizen on the basis of an application submitted by a citizen and proof that a citizen is a person authorized to acquire ownership of land in accordance with this law.

21.2.The location, boundaries, and purpose of the land to be owned, the surname of the owner, their parents' and their own names, civil registration number, birth certificate number of family members under the age of 16, land value, and the amount of land assigned to each owner, as well as the boundaries of each owner's land shall be reflected in the order if the land shall be owned jointly for agricultural use.

/This paragraph was amended according to the law of June 03, 2022/

Article 22.Certifying the Rights of Citizens to Own Land

22.1.The land owned by a citizen shall be registered in the state registry in accordance with the legislation on the state registration of property rights based on the decision made by the Governor, who has the authority to grant land ownership to the citizen and the field number issued by the state administrative body in charge of land issues. The state registry of property rights shall issue the state registration certificate /hereinafter referred to as "State Registration Certificate"/ to the citizen, which confirms that the citizen is the legal owner of the land.

/This paragraph was amended according to the law of June 21, 2018/

Article 23.Implementation of Land Arrangement and Handing over the Land Allocated for Ownership to Citizens

23.1.A cadaster shall be made for the land to be owned by citizens.

23.2.A Cadaster of land to be owned by citizens, transfer of land to owners based on an appropriate decision, demarcation, marking, and registration in the land database shall be performed by the land supervisor of soum and the district land office, respectively.

/This paragraph was amended according to the law of June 21, 2018/

Article 24.Registration of the Movement Regarding Rights of Citizens to Own Land and Changes Related to the Right to Own Land

24.1.The registration of movement regarding right of a citizen to own land shall be recorded in accordance with the procedures specified in the law on state registration of property rights.

/This paragraph was amended according to the law of June 21, 2018/

24.2.Demarcation and marking of the boundaries of privately owned land on the ground, registration of boundary changes and entry into the land database and control activities shall be carried out by the Land Supervisor of soum and the District Land Office, respectively.

/This paragraph was amended according to the law of June 21, 2018/

Article 25.Commencement of Citizens Right to Own Land

25.1.A Citizen's right to own the land shall commence upon registration of the land allocated to a citizen for ownership according to paragraph 22.1 of this law.

Article 26.Regulation of Relations with Respect to Citizen's Ownership of Land

26.1.Common relations with respect to Citizen's ownership of land shall be regulated by Civil Code and specific relations be regulated by this Law.

CHAPTER FOUR

SPECIFIC REGULATION OF RELATIONS WITH RESPECT TO CITIZEN'S

OWNERSHIP OF LAND

Article 27.Rights and Duties of Citizens Owning Land

27.1.Citizens owning land shall have following rights:

27.1.1.to possess, use, administer and dispose the owned land within the scope and limitation established by law and without violating rights of others granted to them by law or contracts;

27.1.2.to let others to possess and use the owned land as provided by Article 29 of this Law;

27.1.3.to dispose of the property by selling, trading, bequeathing, or gifting it to citizens in accordance with the appropriate procedure;

/This sub-paragraph was amended according to the law of July 7, 2005/

27.1.4.to pledge the property's land to citizens, banks, and non-banking financial institutions in accordance with the appropriate procedure;

/This sub-paragraph was added according to the law of July 7, 2005/

27.1.5.to charge appropriate fee for temporary use of the owned land for public use or special needs as agreed;

/This sub-paragraph was amended according to the law of July 7, 2005/

27.1.6.to use widespread mineral resources of the owned land for the needs of the family and to build water well and use its the water according to provisions of relevant laws and legislation;

/This sub-paragraph was amended according to the law of July 7, 2005/

27.1.7.to build buildings, constructions and engineering lines and networks on the owned land according to standards, instructions, procedures and requirements adopted by relevant law, legislation and authorized entities;

/This sub-paragraph was amended according to the law of July 7, 2005/

27.1.8.to get compensation according to provisions of this Law, in case the owned land is to be replaced or taken back for special needs of the state;

/This sub-paragraph was amended according to the law of July 7, 2005/

27.1.9.other rights and preferential rights provided by law and legislation.

/This sub-paragraph was amended according to the law of July 7, 2005/

27.2.Citizens owning land shall have following duties:

27.2.1.to comply with Land Law and on Allocating Land to Citizens of Mongolia for Ownership, other relevant law and legislation and decisions issued by the state authorized entities in connection with enforcement of the legislation;

27.2.2.to use the agricultural land for its intended use;

27.2.3.to register the acquired land in the state registry of cadastral and property rights, to register the transfer of the property land to the ownership of other citizens, the transfer of ownership or use of the land to others, and pledge agreement in the registry of immovable property;

/This sub-paragraph was amended according to the law of June 21, 2018/

27.2.The Land Supervisor of the soum and the District Land Office shall respectively carry out demarcation and marking of the boundaries of privately owned land on the ground, registration of boundary changes and entry into the land database as well as control activities.

/This paragraph was amended according to the law of June 21, 2018/

27.2.4.to protect and keep intact marks and signs of boundary, limits, and geodetic signs located on the owned land;

27.2.5.not to carry out activities that would damage lawful rights and interests of other land owners or users, not to carry out activities that would negatively affect the public health and the environment;

27.2.6.not to cause deterioration of the condition and quality of the land;

27.2.7.to observe and implement construction, ecological, health and sanitary, fire safety and other relevant standards, instructions, procedures and requirements during exploitation of the owned land;

27.2.8.to have state inspection and assurance of the condition and quality of the land carried out by an authorized entity for his/her own expenses once every 5 years;

27.2.9.other duties provided by legislation.

Article 28.Actions Prohibited for Citizens Owning Land

28.1.The following shall be prohibited for Citizens owning land:

28.1.1.to transfer the owned land to ownership or possession of a foreign citizen or a stateless person through sale, trade, inheritance, gift or pledge;

28.1.2.to allow others to possess or use the owned land without the permission provided by Article 29.1. of this Law;

28.1.3.to use the owned land in violation of interests and concerns of the public health, environment and national security;

28.1.4.to use of agricultural land for unintended use;

Article 29.Allowing Others to Possess or Use Owned Land

29.1.Citizens shall be entitled to allow others to possess or use the owned land along with its purposes, for certain period, with the permission of Governor of soum or district.

29.2.Citizen shall submit their request to obtain permission for allowing others to possess or use the owned land to Governor of soum or district in writing.

29.3.Every member of the family who has reached the age of 18, or every co-owner shall sign on the request specified in 29.2 of this law, indicating the purpose and period of ownership and use of the property by others.

29.4.A citizen shall attach one original copy of the notary-certified Contract concluded with a person to possess or use the land owned by the citizen to the request specified in Article 29.2 of this law.

29.5.Upon receiving the request specified in Article 29.2 of this law, Governor of soum or district shall resolve within 15 days whether to issue approval or disapproval.

29.6.If any person to possess or use land owned by the citizen was violating violated this Law, the Land Law, the Law on Land Payment, the Law on Immovable Property Tax, and the Law on Environmental Protection and if it has been determined that these activities could be detrimental to public health, natural conservation and interests of national security in that area, the Governor of soum or district may refuse to issue permission.

29.7.If any person who possesses and uses land owned by the citizen has violated this law, the Land Law, the Law on Land Payments, the Laws on Immovable Property Tax and the Law on Environmental Protection and interests of the public health, natural conservation and national security in that area, the Governor of soum and district shall revoke the issued permission.

29.8.The court will resolve complaints related to the granting of permission by Governor of soum and district.

29.9.A foreign legal entity, a foreign citizen or a stateless person leasing or renting the Citizen's owned land on contractual basis shall be prohibited to transfer the land to others through re-leasing and re-renting.

29.10.The right to own, use and temporarily use privately owned land is created by registration in the state registry of rights.

/This paragraph was added according to the law of June 21, 2018/

Article 30.Allowing Temporary Use of Land Owned by Citizens for Purpose of Public Use or Special Needs

30.1.Citizens may let temporarily use their property for public use or for special needs of the state, aimag, soum, or capital for a certain period by concluding an agreement with the Government, aimag, capital or soum governor in advance.

/This paragraph was amended according to the law of April 22, 2022/

CHAPTER FIVE

TERMINATION AND LIMITATION OF THE RIGHT OF LAND OWNER

Article 31.Termination of the Right of Land Owner

31.1.The right of Citizens to own land shall terminate on following grounds:

31.1.1.by transferring ownership of the property to other citizens;

31.1.2.by giving up the right to own land;

31.1.3.when the land owner releases from Mongolian nationality,

31.1.4.on other grounds stipulated by legislation.

Article 32.Replacement or Taking Back Land Owned by Citizens for Special Needs of the State with Compensation

32.1.The state may replace or take back the land owned by citizens with compensation based on the following special needs of the state:

32.1.1.to ensure national defense and security;

32.1.2.to build a permanent observation field for scientific and technological testing and experimentation, environmental or climatic nature.

32.1.3.to build roads, lines, networks and other objects of national scale.

32.2.The Government shall make a decision on replacement or taking back Citizen's owned land based on special needs of the state with compensation.

32.3.The decision to replace or take back Citizen' owned land with compensation shall clearly indicate the purpose and grounds for the inevitable replacement or taking it back.

32.4.The state administrative body in charge of land matters shall enter into a preliminary agreement with the owner of the land not less one year prior to making a decision on replacing or taking back the land owned by citizens for the special needs of the state with compensation.

32.5.When replacing or taking back Citizen' owned land with compensation, based on special needs of the state, the owner and state administrative body in charge of land matters shall enter into preliminary agreement on the following issues:

32.5.1.the land value;

32.5.2.the price of immovable property on the land;

32.5.3.investment made by the owner on the land, the amount of damage to be caused by the replacement or taking back of the land with compensation based on the special needs of the state;

32.5.4.size of the land to be taken back for special needs of the state;

32.5.5.location, size, condition and quality of the land to be allocated in replacement of the land taken back for special needs of the state.

32.5.6.conditions and term of vacating the land;

32.5.7.responsibilities and duties of the parties in connection with vacating the land;

32.5.8.amount of compensation, procedures and terms for its payment.

32.6.In replacing or taking back Citizen's owned land with compensation, based on the special needs of the state, the compensation fee shall be paid from the state budget.

32.7.If the issue of replacing or taking back Citizen's owned land with compensation, based on special needs of the state, is unable to agree as specified in paragraphs 32.4 and 32.5 of this law, the dispute shall be resolved by Court.

Article 33.The Right to Limit the Rights of Citizens Owning Land (Servitude)

33.1.Governor of soum or district may establish the following servitudes in cases when there is compulsory need to ensure the common interests of the population of the country or territory in question:

33.1.1.to pass through the land;

33.1.2.to install land limits or geodetic permanent points and signs on the land;

33.1.3.to execute works in order to reduce swamping;

33.1.4.to execute other land management works.

33.2.The public servitude may be permanent or temporary.

33.3.The public servitude should cause as minimal as possible difficulties to the citizen owning the land.

33.4.If a citizen's owned land becomes unusable due to establishment of the public servitude on the land, the citizen shall be entitled to demand from the entity that has established the public servitude to purchase the land and to compensate the damages caused to the land in an amount equal to such complications.

33.5.A citizen owning land, whose rights and lawful interests were affected due to establishment of public servitude according to paragraphs 33.3 and 33.4 of this Law, may have his/her right and interests defended through Court procedures.

33.6.The relationship between a landowner and other citizens who own real estate in order to exercise their ownership rights (private servitude) shall be regulated by Civil Code.

33.7.Private and public servitudes related to civil land ownership shall be registered in the state registry of property rights in accordance with relevant legislation.

/This paragraph was amended according to the law of June 21, 2018/

33.8.Private servitude shall terminate on grounds provided by Civil Code.

33.9.Public servitude shall be terminated by the decision of the authorized person who established it if the established requirements are no longer needed.

Article 34.Mobilization of civil property land

34.1.In the event of a disaster, dangerous phenomenon, or accident that may result in the suffering of health, loss of life, destruction of livestock, property, or the environment, or in the event of a accident, the civilian-owned land may be taken according to the procedures prescribed by law and be temporarily mobilized by the decision of governor of the capital, district, or soum.

/This paragraph was modified according to the law of July 2, 2017/

34.2.The land owner shall be fully compensated for the damage caused to a citizen due to expropriation.

34.3.In the event that it is impossible to return the mobilized land, the owners shall be compensated by the value and damages of the land at the current market rate, or compensated for the damages caused by owning another land that has not been deteriorated in behavior and quality than the mobilized land.

34.4.Disputes related to determining the value of expropriated civilian land and the amount of damage to the land owner shall be resolved by the court.

Article 35.Confiscation of Land Owned by Citizens

35.1.If a landowner or a person who possesses and uses his land in accordance with Article 29 of this Law violates the provision of Article 28 of this Law, his/ her land can be seized by Court procedure.

CHAPTER SIX

GUARANTEE FOR CITIZEN'S RIGHT TO OWN LAND

Article 36.Restoration of Citizens Violated Right to Own Land

36.1.If the right of a citizen to own a land has been violated, it shall be restored through Court procedures.

36.2.A court decision that has entered into legal force to restore a citizen's right of ownership to a land shall be the legal basis for registering a land in the state registry in accordance with the legislation on state registration of property rights and issuing a certificate of state registration to a citizen whose right has been restored.

/This paragraph was amended according to the law of June 21, 2018/

36.3.Damage caused to a citizen due to a decision of the state administration or a local self-regulatory organization that does not comply with the laws and regulations and violates the land ownership rights and legal interests of citizens shall be compensated by the organization, which made the decision.

36.4.A person who has violated the right to own land shall compensate the citizen in full for the damage caused, including the income he would have earned, in accordance with the Civil Code.

Article 37.Ensuring Guarantee for Citizen's Right to Own Land When Replacing or Taking Back the Land Owned by Citizens Based on Special Needs of the State with Compensation

37.1.Activities directed at replacing or taking back the land owned by citizens with compensation based on special needs of the state shall be carried out after implementation of the following measures:

37.1.1.in case of replacing the land owned, the land not worse than the previously owned land by its behavior and quality shall be allocated for ownership based on request of the citizen.

37.1.2.to pay the value of the land in case the land is repossessed;

37.1.3.to pay the price of the immovable property on the land owned by the citizen;

37.1.4.to reimburse the funds spent on the property by the owner;

37.1.5.to pay the damages to be caused to the owner due to replacement or taking back of the land based on the special needs of the state in full amount according to the civil legislation.

37.2.The land owner shall be notified in writing not less than one year prior to making the decision on replacing or taking back a land owned by a citizen with compensation based on the special needs of the state.

37.3.The land owned by citizens shall be replaced or taken back based on the special needs of the state after one year has passed since the owner of the land received the notice specified in paragraph 37.2 of this Law and after taking the measures specified in paragraph 37.1 of this Law.

37.4.Compensations of other measures that have significantly increased the value of real estate and land constructed since receiving the notice specified in Article 37.2 of this Law shall not be reimbursed.

Article 38.Prohibiting to disturb the right to own land

38.1.It shall be prohibited to other persons to disturb the right of a citizen to own land through any ways.

Article 39.Filing Complaints

39.1.If a citizen assumes that a government organization or official has illegally disturbed him or her for exercising his or her right to own land, shall file a complaint to the organization or official superior to that organization or official.

39.2.The organization and official that received the complaint shall process it within 30 days after receiving it and provide a written response to the citizen.

39.3.If a citizen has not received a response within the period specified in 39.2 of this law, the citizen shall submit a complaint to the court.

CHAPTER SEVEN

MISCELLANEOUS

Article 40.Liabilities for violators of the law

40.1.In case that the actions by a civil servant violating this Law have not a criminal nature, he/ she shall be subject to liabilities specified in the Law on Civil Service.

40.2.Any person or legal entity who violating this Law shall be subject to liabilities specified in Criminal Code or the Law on Violations.

/This article was modified according to the law as of December 4, 2015/

Article 41.Entry into force of the Law 

41.1.This law shall enter into force on May 1, 2003.

41.2.The subparagraphs 19.1.2, 19.1.3, and 19.1.4 of this law on one-time free ownership of land to Mongolian citizens for the purpose specified in subparagraph 4.1.1 of this law shall enter into force from May 1, 2003 and remain in force until May 1, 2028.

/This paragraph was amended according to the law as of June 23, 2005/

/This paragraph was amended according to the law as of May 22, 2008/

/This paragraph was amended according to the law as of May 18, 2012/

/This paragraph was amended according to the law as of April 26, 2016/

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