(2023.06.20-ны өдрийн орчуулга)      Unofficial translation

 

LAW OF MONGOLIA

June 17, 2022                               Ulaanbaatar city

ON PERMITS

/Revised edition/

 

CHAPTER ONE

GENERAL PROVISIONS

Article 1.1.Purpose of this Law

1.The purpose of this Law is to regulate common relations with respect to issuance, extension, suspension, restoration, revocation of permits and their registration and control, as well as determination of the classification and list of permits by competent persons when engaging in certain types of activities that may harm national security, financial stability, public interest, health of the population, and the environment, as well as when using with restriction the natural wealth and state public property.

Article 1.2.Legislation on Permits

1.The legislation on permits shall consist of the Constitution of Mongolia, the Civil Code, this Law and other legislation enacted in conformity with them.

2.If an international treaty, to which Mongolia is party, provides otherwise than this Law, the provision of the international treaty shall prevail.

/This paragraph was amended by the law as of December 23, 2022/

Article 1.3.Scope of the application of the Law

1.An individual and a legal entity may freely engage in activities, in compliance with the legislation, other than those prohibited by law or to be engaged with special and ordinary permits /hereinafter referred to as "permit"/ specified in Articles 8.1 and 8.2 of this Law.

2.The list of activities to be conducted with a permit in Mongolia and the authorized body to issue permits shall be regulated by this Law.

3.This Law shall regulate relations other than those regulated specifically by respective law on issuance, extension, suspension, restoration, revocation of permits for engaging in activities upon receipt of the permits by the law, or for the limited use of natural wealth and state public property.

4.This Law shall not apply to the following relations with respect to:

4.1.to grant land ownership rights to Mongolian citizens;

4.2.to grant immigration residence permits to foreign citizens and stateless persons and grant the right of entry to the border of Mongolia to foreign citizens or granting Mongolian visas, granting residential permits for private purpose in Mongolia, extending, suspending, and revocation of granted visas, visa permits, and authorized permits;

4.3.to organize meetings, gatherings, demonstrations, and other public events;

4.4.to grant patent, copyright, related rights and the geographical indications, trademark holder rights;

4.5.to establish branches and representative offices of international and foreign non-governmental organizations in Mongolia;

4.6.to establish a church, monastery and religious organization;

4.7.to award a right to enter into contracts for the procurement of goods, works, and services by state body, state-owned and state property dominated legal entities according to the relevant laws;

4.8.permits to be issued by the State Great Khural of Mongolia as provided by the law;

4.9.to manufacture, export and import of military weapons, equipment and firearms.

/This sub-paragraph was added by the law as of January 6, 2023/

5.This Law shall not apply to the relations that an individual or a legal entity obtains conclusion, confirmation, and statement from state body, official, and other authorized body on a voluntarily basis.

6.This Law shall not apply to the relations between the state bodies on obtaining and granting permits in connection with the implementation of government functions other than those engaging in activities by state-owned and state property dominated legal entities upon obtaining permits specified in this Law.

Article 1.4.Definition of terms of the Law

1.The following terms used in this Law shall be understood as follows:

1.1."permit" shall mean the right granted by the competent body authorized to issue the permits to engage in certain activities or limited use of natural wealth and state public property in accordance with the term, conditions and requirements specified in the law;

1.2."competent body authorized to issue a permit" /hereinafter referred to as "authorized body"/ shall mean a state body, an official, or a person who has assigned certain state functions in accordance with the law or contract, those are exercising the power to issue permits as specified in law;

1.3."permit holder" shall mean a person who has obtained a permit from an authorized body to engage in a certain type of activity or to limited use of natural wealth and state public property.

Article 1.5.Principles and implementation scope for granting, extension and creating newly of permits

1.The authorized body shall adhere to the following principles in granting, and extending permits and other relations related to permits:

1.1.to protect national security, public interests, human life and health;

1.2.rule of law;

1.3.to be transparent and fair;

1.4.to constitute a favorable environment for carrying out the business;

1.5.not to require documents, payments and fees other than those specified by law;

1.6.to grant a permit specified in this Law.

2.A right to engage in activities that require a permit shall commence from date of obtaining the permit in accordance with the law.

3.Except as provided by law, the Government, state central administrative and state administrative bodies, local administrative body, and the person who has taken over certain state functions in accordance with the law or contract are prohibited from granting permits, licenses, and registrations related to any activity.

4.If a state body and an official newly creates, grants, and transfers a right of permit other than those specified in the law, it shall be the basis for imposing the liability specified in the law, and the person who newly created, granted and transferred right of the permit shall be responsible for the consequences.

5.In order to ensure national security, financial stability, in order to constitute conditions for public interest and efficient competition, the permit granting activities, by the state central administrative body, state administrative body, local administrative body, and the person who has delegated certain state functions in accordance with the law or contract, may be restricted for a certain period of time.

6.In the case provided by the law, the authorized body shall grant a permit within the percent and amount determined by the competent body.

7.Unless otherwise specified by law, one permit shall be granted in the name of one individual or one legal entity.

8.In the case provided by law, the particular permit shall be granted to a legal entity, or to a legal entity established in a certain type or form, or to an individual, or to a citizen of Mongolia.

9.Certain types of permits shall be granted to permit holders in cases specified by law.

10.In the case provided by law, granting and extending certain types of permits shall be conducted in simplified procedure.

11.The authorized body shall organize the granting and extension of activities of certain types of permits interconnected with each other in the form of a one-stop service.

12.The restriction of particular rights of a permit holder in connection with the holding a permit shall be determined by the law.

13.In the case provided by law, the permit holder shall use words and symbols that specialize the direction of activity, and it is prohibited to use or utilize such words or symbols in such a way that creates the impression to others that they are engaged in those activity or that obtained permit to engage in that activity.

14.When creating a new permit, international norms and standards should be taken into account in accordance with the principles of research, monitoring, and evaluation to determine whether the activity required to be regulated by the state, whether the permit is eligible means of regulation, and whether the permit is socially and economically efficient.

15.The research, monitoring and evaluation specified in paragraph 14 of this article shall be carried out in accordance with the methodology approved by the Government.

16.It shall be prohibited to add, dismantle, divide, separate and expand the scope of the permits specified in Articles 8.1 and 8.2 of this Law.

17.It shall prohibited to issue an administrative normative act related to granting, extending, suspending, restoration and revocation of permits.

18.This Law shall not regulate relations on selling, gifting/presenting, pledging and transferring by any other way to others of the permits for the limited use of natural wealth and state public property.

19.Unless otherwise provided by law, it shall be prohibited to sell, gift/present, pledge or transfer by any other way to others the permits, except as specified in paragraph 18 of this article.

CHAPTER TWO

PERMITS

Article 2.1.Classification of Permit

1.The Permits are classified as follows depending on their purpose, condition to issue, operational characteristics and risk level:

1.1.special permit/license;

1.2.ordinary permit.

2.The special permit shall be granted for any operation that could potentially cause risk in national security, public interests, public health, environment and financial stability, or operation that will be implemented on basis of satisfying special conditions and requirements, or use of natural wealth and state public property with limitation for the purpose of gaining profit and industrial intent.

3.Ordinary permit shall be granted for one-time operation, or additional operation engaged in on basis of special permision, or use of natural wealth and state public property with limitation for household purpose.

4.In case the special permit shall be specified in law, it may be issued in advance in order to have its conditions and requirements safisfied completely.

Article 2.2.Term of Permit

1.Unless otherwise stated in law, a special permit shall be granted for a term not less than five years and an ordinary permit be granted for a term not less than three years.

2.The permit for use of natural wealth and state public property with limitation shall be granted with fixed term.

3.The permits except as stated in paragraph 2 of this article may be granted permanently in case provided by law.

4.Unless otherwise stated in law, the term of additional operation engaged in on basis of obtaining special permit shall same as the term of special permit.

Article 2.3.Code of Permit

1.Permit shall be coded for the purpose of keeping integrated permit register, managing and submitting statistics, provison of reference and granting permit in electronic form.

2.The state central administrative body in charge of economy and development matters shall define code of permit depending on classification of economic activity, list of goods classification and national code.

CHAPTER THREE

AUTHORIZED BODY AND PROCEDURE FOR TRANSFER OF RIGHTS

Article 3.1.Authorized body

1.The Authorized body specified in Articles 8.1 and 8.2 of this Law shall grant a permit and it is not allowed to transfer the powers of granting a permit to others wholly or partly in cases other than those permitted by law.

/This paragraph was amended by the law as of January 6, 2023/

Article 3.2.Powers of Authorized body

1.The Authorized body shall exercise the following powers:

1.1.to make a decision on granting, extension, suspension, restoration and revocation of permit specified in Articles 8.1 and 8.2 of this Law;

1.2.to monitor whether the conditions and requirements on permit are complied with;

1.3.to receive information and report concerning the conditions and requirements of the permit in question from permit holder.

2.The Authorized body shall be bound by the following obligations:

2.1.to uphold the principle specified in law;

2.2.to grant a permit within powers established by law;

2.3.to receive application for request and extension of permit, verify the application and documents attached to it, to present the process of decision-making activity openly and transparently to permit applicant and permit holder in electronic form;

2.4.to make decision on granting, extension, suspension, restoration and revocation of permit within due time specified in law;

2.5.to have the decision specified in paragraph 2.4 of this article registered in the integrated database of permit registration and information within three working days after such decision is made;

2.6. to make entry of decision that granted, extended, suspended, restored and revoked a permit in the integrated database of permit registration and information, to inform of such decision in public in effective manner;

2.7.not to treat discriminately in free competition of market, as well as not to take any measure to refuse, suspend and revoke a permit on grounds other than specified by law in order to restrict competition;

2.8.to provide consultation and assistance concerning granting, extending, suspending, restoring and revoking a permit to permit applicant and permit holder;

2.9. to inform a permit application and the list of documents to be attached into it, and information regarding the person to be received an application, his/her address and location in public in effective manner.

Article 3.3.Assigning a right to grant a permit

1.In case provided by law, the Authorized body may transfer its right to grant a permit wholly or partly to the respective organization, official, or legal entity specified in subparagraphs 7.1.3 and 7.1.7 of article 7 of the Law on State Registration of Legal Entities.

/This paragraph was amended by the law as of January 6, 2023/

2.The entity that has received the assigned right shall exercise the right specified in Article 3.2 of this Law and implement the obligation.

3.The Government shall approve the procedure on assigning a right specified in paragraph 1 of this article.

4.If the Authorized body has transferred its right to grant a permit to other, such decision shall be uploaded into webpage of the organization and informed in public thereto.

5.The damage inflicted to others due to illegal transfer of right to grant a permit to others shall be charged by the entity that transferred the right.

Article 3.4.Conclusion of Agreement with Permit Holder

1.In case provided by law, the Authorized body may conclude an agreement with permit holder in order to have the special conditions and requirements on permit holder implemented.

2.The conditions and requirements on such agreement and the relation regarding conclusion of an agreement shall be governed by respective law.

CHAPTER FOUR

COMMON REQUIREMENTS ON PERMIt APPLICANT AND HOLDER, RIGHTS AND OBLIGATIONS OF PERMIt HOLDER

Article 4.1.Common Requirements on Permit Applicant and Permit Holder

1.The person that will engage in activities under permits specified in articles 8.1 and 8.2 of this Law shall satisfy the following conditions and requirements:

1.1.to have civil capability;

1.2.to have passed the professional and qualification examination and have proper conclusion issued if provided by law;

1.3.to have registered as taxpayer.

Article 4.2.Rights and Obligations of Permit Holder

1.The permit holder shall exercise the following rights:

1.1.to engage in activity specified in permit;

1.2.to apply for extension of permit term;

1.3.to receive information and reference concerning permit extension, suspension, restoration and revocation;

1.4.to transfer permit to others as stipulated in law;

1.5.to apply to the Authorized body for correction of information that was entered incompletely, erroneously and incorrectly into the integrated database of permit registration and information;

1.6.to lodge a complaint concerning illegal action, inaction and decision of Authorized body according to respective law;

1.7.other rights specified by law.

2.The permit holder shall be bound by the following obligations:

2.1.to collect documents specified in law accurately and correctly;

2.2.to operate ensuring the conditions and requirements established by law when engaging in the given activity;

2.3.not to engage in activities other than those specified in permit in case it is prohibited, or restricted by law;

2.4.to permanently engage in activities specified in permit unless otherwise stated in law;

2.5.to notify respective tax authority about permit within 10 days after obtaining it from Authorized body and have it recorded in taxpayer certificate;

2.6.the permit holder of financial service shall strictly adhere to Law on Combating against Money Laundering and Terrorism Financing;

2.7.to observe legislation of Mongolia, international and national standards and technical regulations in its operation;

  /This sub-paragraph was amended by the law as of January 6, 2023/

2.8.to provide customers with the given service without discrimination within scope of permit;

2.9.other obligations specified by law.

CHAPTER FIVE

PROCEDURES FOR GRANTING AND EXTENSION OF PERMIT

Article 5.1.Applying for Permit

1.The permit applicant shall submit its permit application together with attached documents to the Authorized body.

2.The application for permit must have satisfied the common requirements specified in the Law on Resolution of Petitions and Complaints issued by Citizens to Government Organization and Officials.

3.The permit applicant shall clearly indicate classification of permit, purpose and justification of engaging the activities related to it and using natural wealth and state public property with limitation and attach the following documents:

3.1.document evidencing that the common condition and requirements on permit has been met as stipulated by law;

3.2.payment receipt for state stamp duty if provided by law;

  /This sub-paragraph was invalidated by the law as of January 6, 2023/

3.3.document evidencing that the condition and requirement specially stated in law has been met.

4.The Authorized body shall not demand documents collected for obtaining special permit or the documents specified in paragraphs 3.1 and 3.3 of this article repeatedly in application for an additional permit to be engaged in on basis of special permit.

5.The application for a permit issued in electronic form shall be deemed as a request issued in written according to paragraph 13.3 of article 13 of the Law on Public Information Transparency.

Article 5.2.Procedures for Resolving Application for Permit

1.The Authorized body shall not be entitled to refuse to receive an application for permit without grounds and shall reflect the receipt of application in records by informing of it to the applicant.

2.The Authorized body shall examine the integrity of application documents within two working days after the receipt of application for permit and take the following measures:

2.1.to initiate verification activity if the integrity of application documents has been satisfied;

2.2.to inform the applicant if the application and documents attached to it have not satisfied the requirements, or documents are incomplete to advise the applicant to complete the missing documents;

2.3.to transfer the application to respective organization according to jurisdiction.

3.The Authorized body shall notify the applicant about measure specified in paragraph 2 of this article within the period of examination for entirety of documents. The notification shall clearly include the missing documents to be re-collected.

4.The re-collection period for documents specified in sub-paragraph 2.2 of this article shall be up to 30 days. Failure to re-collect the documents and submit within this period shall be deemed that the application has not been issued.

5.The Authorized body shall verify whether the applicant has complied with conditions and requirements specified in law within the following period:

5.1.within 10 working days for a special permit;

5.2.within 5 working days for an ordinary permit.

6.The Authorized body shall collect additional information, references, conclusions, and descriptions required for the verification process from the state bodies in accordance with paragraph 18.13 of Article 18 of the Law on Public Information Transparency.

7.If it is required to issue a conclusion or description from a state or professional organization during the verification process, the period specified in paragraph 5 of this Article may be extended once by five working days.

8.The authorized body shall decide whether or not to issue a permit within five working days after the completion of the verification process.

9.If the authorized body refused to issue a permit, the reasons for the refusal shall be clearly indicated in the notice.

10.The notice specified in paragraph 9 of this Article shall be delivered to the applicant of the permit in writing within two working days after the notice is issued.

11.If the authorized body refused to issue a special permit, the application for a permit by the applicant for that permit shall not be accepted within six months.

12.Failure to respond within the period of time specified by the law shall be the grounds to impose liability on the relevant officials.

Article 5.3.Making a decision on granting a permit

1.The authorized body shall make a decision on granting a permit in accordance with sub-paragraph 1.1 of Article 3.2 of this Law.

2.The decision specified in paragraph 1 of this article as well as the amount and payment date of the state stamp duty shall be notified to the permit applicant within the day of the decision is issued.

/This paragraph was amended by the law as of January 6, 2023/

3.Unless otherwise provided by law, the following information shall be reflected in the decision or permit of the authorized body:

3.1.name of authorized body;

3.2.name and date of the decision of the authorized body;

3.3.name and address of the permit holder;

3.4.classification of permit and name of activity to be engaged;

3.5.term of permit;

3.6.permit number, date of issue;

3.7.signature and seal /stamp/ of the authorized body.

4.In cases provided by law, information other than that specified in paragraph 3 of this article may be reflected in the decision or permit of the authorized body.

5.If the authorized body shall not respond to the application for an ordinary permit within the time of period specified by the law, the permit shall be considered issued.

6.The authorized body shall make the decision to consider the permit is granted in accordance with paragraph 5 of this Article within three working days after the end of the processing period for the application for permit.

7.The decision specified in paragraph 6 of this Article as well as the amount and payment date of the state stamp duty shall be notified to the permit applicant within the issuance date of the decision.

/This paragraph was amended by the law as of January 6, 2023/

8.The authorized body shall issue a permit document in accordance with paragraph 1 of Article 5.4 of this Law at the request of the permit holder within five days from the date of the decision.

9.The authorized body shall register the decision specified in paragraphs 1 and 6 of this article in the integrated database of permit registration and information within two working days after the decision is issued.

Article 5.4.Permit document

1.At the request of the permit holder, or in the case specified by law, the authorized body shall issue a permit document or certificate, equivalent voucher, or other security document confirming the issuance of the permit.

2.The permit document shall have the same legal force as the permit granting decision and permit reference during the period of permit validity.

3.Loss, destruction, damage or non-acceptance of the permit document shall not be grounds for revoking the permit.

Article 5.5.Extension of the permit term

1.The authorized body shall notify the permit holder of the notice of extension in accordance with paragraph 23.2 of Article 23 of the Law on Public Information Transparency, and record this in the register prior to 45 days before the expiration of the permit.

2.Unless otherwise provided by law, the permit holder shall submit to the authorized body an application for the extension of the permit term at least 30 days prior to the expiration of the permit term, together with the documents prepared in accordance with the conditions and requirements specified in the law.

3.The authorized body shall not have the right to refuse to accept the application specified in paragraph 2 of this article without reason, and shall notify the permit holder of the acceptance of the application and record it in the register.

4.The authorized body shall check the documents and take the following measures within two working days after receiving the application for the extension of the permit term:

4.1.if it is considered that the documents are complete, to start the verification process;

4.2.to inform the permit holder about the re-collection if the application and the documents attached to it do not meet the requirements or are incomplete.

5.The authorized body shall inform the permit holder about the measures specified in sub-paragraph 4.2 of this article within the period of reviewing the entirety of the document. Each document that is required to be re-collected shall be clearly specified in the notice.

6.The period for re-collection of the documents specified in sub-paragraph 4.2 of this article shall be 10 days. If the documents are not re-collected within this period, it will be considered that the application for the extension of the permit has not been submitted.

7.The authorized body shall verify whether the permit holder meets the conditions and requirements specified in the law during the following term:

7.1.within five working days for a special permit;

7.2.within three working days for an ordinary permit.

8.The authorized body shall collect additional information, references, conclusions, and descriptions necessary for the verification process in accordance with paragraph 6 of Article 5.2 of this Law.

9.If it is considered necessary to issue a conclusion or description from a state or professional organization in the course of a possible verification process, the term specified in Article 7 may be extended once by three working days.

10.The authorized body shall make a decision on whether to extend the permit term within two working days after the completion of the verification process.

11.If the applicant does not meet the conditions and requirements specified in the law, the authorized body shall refuse to extend the permit term.

12.In case of refusal in accordance with paragraph 11 of this Article, the permit holder shall be notified in writing within two working days after the decision with justification is issued.

13.Failure to respond within the time specified by the law shall serve as a ground for imposing liability on the relevant officials.

14.Unless otherwise specified in the law, the authorized body shall extend the term of the permit for the term originally granted, if the permit holder has applied for the extension of the permit term, has not violated relevant laws, and meets the conditions and requirements specified in the law.

15.Unless otherwise specified in the law, a permit term may be extended for the term by doubling the originally granted term, if the permit holder fully satisfies the conditions and requirements stated in paragraph 2 of this article, furthermore, it has no tax debt, maintains permanent and stable business operation, and is being kept the workplaces.

16.If the authorized body shall not respond to the application for the extension of the permit term within the period specified by law, it shall be considered that the permit has been extended for the term originally granted.

17.The authorized body shall issue a decision regarding the extension of the permit period as prescribed in paragraph 16 of this Article within two working days after the end of the processing period for the application for the extension of the permit.

18.The decision specified in paragraph 17 of this Article shall be notified to the permit holder within the date of issuance of the given decision.

19.The authorized body shall make the following notes in the permit document within three working days from the date of the decision is issued:

19.1.extended term of permit;

19.2.permit number, extension date;

19.3.signature and seal /stamp/ of the authorized body who extended the permit.

20.The authorized body shall have registered the decision specified in paragraphs 14, 15, and 17 of this article in the database of permit registration and information within two working days after the decision is issued.

Article 5.6.Auction and selection procedure

1.The special permits, specified in sub-paragraphs 1.8, 1.15, 1.23, 1.24, 1.25, and 1.29 of Paragraph 1, sub-paragraph 6.12 of Paragraph 6 of the Article 8.1 of this Law shall be granted by the procedure of auction. The special permits, specified in sub-paragraphs 1.18 if paragraph 1, sub-paragraphs 8.14, 8.28, and 8.29 of the Paragraph 8, sub-paragraph 9.2, 9.6, 9.7, 9.8, 9.9, 9.10, and 9.11 of Paragraph 9, sub-paragraphs 11.1, 11.9, and 11.12 of Paragraph 11, and sub-paragraphs 12.1, 12.2, and 12.14 of Article 8.1 of this Law, shall be granted by the procedure of selection.

/This paragraph was modified by the law as of January 6, 2023/

2.The relations of granting a permit in accordance with the procedure specified in paragraph 1 of this article shall be regulated in detail by the respective law.

CHAPTER SIX

SUSPENSION, RESTORATION AND REVOCATION OF PERMITS

Article 6.1.Suspension and restoration of permit

1.The authorized body shall suspend the permit for up to three months in the following cases:

1.1.it is determined by the decision of the competent authority that the license holder failed to meet the conditions and requirements of the permit;

1.2.information and reports required by law were not submitted on time or were submitted incorrectly;

1.3.it has not engaged in activity within two years after the permit was issued, or has stopped its activity.

2.The authorized body shall notify the permit holder in advance of the existence of the grounds specified in paragraph 1 of this Article, and record the date of the notification in the note of the permit document.

3.If the permit holder does not submit the explanation and related documents to the authorized body within 10 working days after receiving the notification specified in paragraph 2 of this article, the permit shall be suspended.

4.The authorized body shall notify the permit holder and the relevant tax authority in writing about the decision on suspension of the permit within two working days.

5.The authorized body shall restore the permit based on the request of the permit holder if the grounds, conditions, and requirements specified in paragraph 1 of this article are removed.

Article 6.2.Revocation of permit

1.The permit shall be revoked in the following cases:

1.1.the permit holder submitted a request;

1.2.failed to submit a request to remove the violation and restore the permit during the term of suspension of the permit;

1.3.it was determined by the decision of the competent authority that the permit holder had an adverse impact on public interests, public health, safety, environment, or national security, and caused a lot of damage;

1.4.the permit holder has violated the conditions and requirements of the permit two or more times;

1.5.the permit and the documents certifying it were sold, gifted, pledged or transferred in other ways except as provided by law;

1.6.it was found that counterfeit documents were collected when obtaining the permit;

1.7.if the permit holder of is a citizen, he/she is considered as legally incapable, if the permit holder is a legal entity, it is bankrupted or liquidated;

1.8.failed to pay the state stamp duty within the period specified in the paragraph 42.6 of the Article 42 of the Law on State Stamp duty;

  /This sub-paragraph was added by the law as of January 6, 2023/

1.9.others prescribed by law.

/The numbering of this sub-paragraph was amended by the law as of January 6, 2023/

Article 6.3.Permit Revocation Procedure

1.The authorized body shall notify the permit holder in advance that grounds for revoking the permit exist, and shall keep a record of the notification's date in the note of the permit document.

2.If, within 30 days of receiving the notice specified in paragraph 1 of this article, the permit holder does not submit to the authorized body an explanation and related documents indicating that he/she/it claims to believe there are no grounds for revoking the permit, the issue of revoking the permit shall be resolved within 10 working days after the expiration of that period.

3.If the permit holder does not submit an explanation within the time specified in paragraph 2 of this Article and does not file a complaint in response to the notice specified in paragraph 1 of this article, it is deemed to have accepted the grounds for permit revocation.

4.The authorized body shall notify the permit holder and the relevant tax authority in writing of the decision on revocation of the permit within two working days.

Article 6.4.Consequences of permit suspension or revocation

1.The operation of the contract related to the activities carried out under the permit may be temporarily suspended during the term of suspension of the permit.

2.Revocation of the permit shall be grounds for the termination of the permit holder's agreement with others in connection with activities conducted under the permit.

3.The person who held the permit must compensate others for the damage caused by the permit's revocation.

4.Damage caused to others as a result of the illegal granting of the permit shall be compensated by the authorized body who took the decision to grant the permit and the official who is in charge of the given issue, or the person who has received the right.

5.If a public official violates the permit granting procedure or caused damage to others owing to blatant negligence in his duties, failure to properly perform his duties, or neglect to take precautions to prevent possible harm, the damages must be removed.

6.If the authorized body revokes the special permit, an application for re-applying for the given permit by the person who held the permit previously shall not be accepted within six months.

CHAPTER SEVEN

PERMIT REGISTRATION AND INFORMATION

Article 7.1.Integrated database of the Permit registration and information

1.An integrated database of the permit registration and information (hereafter referred to as "the integrated database of permits") containing information in respect to the receipt of the application requesting a permit specified in this Law, review and verification of the respective application and the documents attached to it, and the progress of the decision making procedure, as well as the decision to issue, extend, suspend, restore, and revoke permits shall be established, and the database shall be in electronic form.

/This sub-paragraph was amended by the law as of January 6, 2023/

2.The integrated database of permits specified in paragraph 1 of this article shall be administered by the state central administrative body in charge of economics and development matters.

3.The authorized body shall register the information on the progress and the decision specified in paragraph 1 of this article in the integrated database of permits in accordance with the procedure stated in this Law.

/This sub-paragraph was amended by the law as of January 6, 2023/

4.The state central administrative body in charge of economic and development matters shall upload the information on the progress and the decision specified in paragraph 3 of this Article into the integrated database of permits, and take measures to inform them to the public.

/This sub-paragraph was amended by the law as of January 6, 2023/

5.The Government shall approve the procedure in connection with the information of the integrated database of permits, collecting them, registering permits in the database, and providing references, and information from it.

6.The state central administrative body in charge of economic and development matters shall be responsible for creating, distributing, and utilizing the integrated database of the information on the progress and the decision specified in paragraph 1 of this article, and ensuring its continuous and stable operation, storage, protection, and privacy reliability.

/This sub-paragraph was amended by the law as of January 6, 2023/

7.The state central administrative body in charge of economic and development matters shall inform the public in an accessible form, using advanced information technology methods, regarding the matters specified in sub-paragraph 2.3 of the Article 3.2 of this Law.

/This sub-paragraph was added by the law as of January 6, 2023/

Article 7.2.Permit references and information

1.The person who submitted a request for a permit to be issued, extended, suspended, or revoked, and his/her collected documents, and the information related to the operations of the authorized body to issue, register, and monitor the permits shall be open and transparent.

2.If information of the permit holder shall belong to the secret of the given body according to the law, references related to the permit holder shall be given with the consent of the permit holder.

3.References specified in paragraph 2 of this Article shall be issued within five working days, and all other references shall be issued within three working days.

CHAPTER EIGHT

THE ACTIVITIES TO BE CARRIED OUT UNDER PERMITS

Article 8.1.List of permit

1.The below-mentioned activities in the field of environment shall be carried out with a special permit, which shall be issued by the following person:

Special permit on

Authorized body for granting special permits

1.1.Exporting a rare animal alive to a foreign country

Government

1.2.Reintroducing the animal

The state central administrative body in charge of environment

1.3.Export and import of animal and products of animal origin

The state central administrative body in charge of environment

1.4.Engaging in the activities of the professional organization of hunting and animals

The state central administrative body in charge of environment

1.5.Engaging in activities to transport, collect, store, recycle, destroy and export hazardous waste

The state central administrative body in charge of environment

1.6.Conducting environmental audit

The state central administrative body in charge of environment

1.7.Carrying out a detailed assessment of the environmental impact

The state central administrative body in charge of environment

1.8.Using genetic resources and traditional knowledge related to genetic resources

The state central administrative body in charge of environment

1.9.Import, sale and use of ozone-depleting, and high global warming potential substances and other substitutes, products and equipment containing them

The state central administrative body in charge of environment

1.10.Draining, cleaning, recycling, recharging, assembling and installing equipment, conducting repair and maintenance, and disposal of ozone-depleting, and high global warming potential substances and other substitutes from the system

The state central administrative body in charge of environment

1.11.Engaging in activities of forestry professional organizations

The state administrative body in charge of forest matter

1.12.Engaging in the activities of water professional organizations

The state central administrative body in charge of environment

1.13.Introducing and breeding of alien animal

The state central administrative body in charge of environment

1.14.Exporting, importing, transporting across the border, producing, selling, and using toxic and hazardous chemicals

The state central administrative body in charge of environment

1.15.Making a collection of rare living animals

The state central administrative body in charge of environment

1.16.Using rare plants for medical purposes

The state central administrative body in charge of environment

1.17.Export, import, and transiting of genetically modified organisms

The state central administrative body in charge of environment

1.18.Land use in specially protected areas

The central state administrative body in charge of the issue of specially protected areas

1.19.Export the plant to a foreign country

The state central administrative body in charge of environment

1.20.Export, re-export and import of animal's plants and their derivatives specified in the annex to the Convention on International Trade

The Governing board

 

1.21.Possession and use of land

The governor of the respective aimag, capital city, soum, and district, or the governor of the free zone in the territory of the free zone

1.22.Carrying out activities on recycling, destruction and burial of common waste collection point and waste

The Governor of the respective aimag and capital city

1.23.Hunting and catching game animals for special purposes

The Governor of the respective Soum and district

1.24.Hunting and trapping game animals for industrial purposes

The Governor of the respective Aimags and capital city

1.25.Using abundant plants for industrial purposes

The Governor of the respective Soum and district

1.26.Drilling holes, making wells, and drawing ditches from the river

The Environmental office of the respective aimag or capital city

1.27.Using 50-100 cubic meters of water per day

The Environmental office of the respective aimag or capital

1.28.Using more than 100 cubic meters of water per day

The basin administration

1.29.Use of forest accompanying wealth for industrial purposes

The forest department or the ranger of the given territory

1.30.A right to harvest timber from the forest

The forest department or authorized official of the soum and district

1.31.Conducting profession organization activities to make rehabilitation of the subsoil

The state central administrative body in charge of environment

/This sub-paragraph 1.14 was amended by the law as of January 6, 2023/

/These sub-paragraphs 1.11 and 1.23 were amended by the law as of January 6, 2023/

/These sub-paragraphs 1.30 and 1.31 were amended by the law as of January 6, 2023/

2.In the field of banking and financial services other than banking, the following activities shall be carried out with a special permit to be issued by the following person:

Special permit on

Authorized body for granting special permits

2.1.Establishing a bank

The Bank of Mongolia

2.2.Setting prices in the territory of Mongolia in foreign currency and units of account and making settlement and payments

The Bank of Mongolia

2.3.Engaging in credit information activities

The Bank of Mongolia

2.4.Operating a system

The Bank of Mongolia

2.5.Providing payment/settlement services

The Bank of Mongolia

2.6.Engaging in underwriting activities

The Financial Regulatory Commission

2.7.Engaging in non-banking financial foreign currency exchange

The Financial Regulatory Commission

2.8.Engaging in non-banking financial trust services

The Financial Regulatory Commission

2.9.Engaging in non-banking financial lending activities

The Financial Regulatory Commission

2.10.Engaging in non-banking financial electronic payment and remittance services

The Financial Regulatory Commission

2.11.Engaging in non-banking financial factoring services

The Financial Regulatory Commission

2.12.Conducting the activities of controller of the asset portfolio of collateral securities

The Financial Regulatory Commission

2.13.Engaging in insurance agent activities

The Financial Regulatory Commission

2.14.Engaging in insurance brokerage activities

The Financial Regulatory Commission

2.15.Engaging in the activity of an insurance loss appraiser

The Financial Regulatory Commission

2.16.Engaging in normal, long term, and double insurance activities

The Financial Regulatory Commission

2.17.Engaging in custodian activities

The Financial Regulatory Commission

2.18.Engaging in the activity of determining the rating of financial capacity

The Financial Regulatory Commission

2.19.Engaging in the activities of real estate brokerage agency

The Financial Regulatory Commission

2.20.Engaging in the activities of traders of precious metals, precious stones, or articles made from them

The Financial Regulatory Commission

2.21.Engaging in securities trading

The Financial Regulatory Commission

2.22.Engaging in securities trading settlement activities

The Financial Regulatory Commission

2.23.Engaging in securities trading payment activities

The Financial Regulatory Commission

2.24.Engaging in securities brokerage activities

The Financial Regulatory Commission

2.25.Engaging in securities dealer activities

The Financial Regulatory Commission

2.26.Engaging in securities trust management activities

The Financial Regulatory Commission

2.27.Engaging in centralized securities deposit activities

The Financial Regulatory Commission

2.28.Engaging in securities investment consulting activities

The Financial Regulatory Commission

2.29.Engaging in securities ownership registration activities

The Financial Regulatory Commission

2.30.Engaging in savings and credit activities

The Financial Regulatory Commission

2.31.Engaging in joint investment fund activities

The Financial Regulatory Commission

2.32.Engaging in the activities of a commercial intermediary/brokerage/ of the agricultural exchange

The Financial Regulatory Commission

2.33.Engaging in the exchange of agricultural goods and raw materials

The Financial Regulatory Commission

2.34.Engaging in asset-backed securities issuance activities

The Financial Regulatory Commission

2.35.Engaging in asset trust management activities

The Financial Regulatory Commission

2.36.Engaging in investment management activities

The Financial Regulatory Commission

2.37.Engaging in brokerage activities in mining products stock exchange

The Financial Regulatory Commission

2.38.Engaging in mining products stock exchange

The Financial Regulatory Commission

/The above sub-paragraphs 2.37 and 2.38 were added by the Law as of December 23, 2022/

3.The following activities in the field of construction, urban development, and public utilities shall be carried out with a special permit and shall be issued by the following persons:

Special permit on

Authorized body for granting special permits

3.1.Developing design drawings for low, medium, high and exclusive complexity buildings and facilities

The State central administrative body in charge of construction matters

3.2.Engaging in the construction of low, medium, high and special complexity buildings and facilities

The State central administrative body in charge of construction matters

3.3.Production of load-bearing structures, components, materials, their raw materials and flammable, chemically harmful, energy-saving products

The State central administrative body in charge of construction matters

3.4.Engaging in geodesy and cartography production and services

The State central administrative body in charge of geodesy and cartography matters

3.5.Engaging in manufacture, assembly, repair and maintenance service of lifting structures and their parts

The State central administrative body in charge of construction matters

3.6.Granting the right of professional organization to conduct land management activities

The State central administrative body in charge of land matters

3.7.Granting the right of professional organizations to conduct land cadaster activities

The State central administrative body in charge of land matters

3.8.Development of urban development documents

The State central administrative body in charge of urban development matters

3.9.Operation, repair and maintenance service of sewage disposal network

The Council for regulating the usage, repair and maintenance service of water supply and sewerage in cities and urban areas

3.10.Operation, repair and maintenance service of sewage collection network

The Council for regulating the usage, repair and maintenance service of water supply and sewerage in cities and urban areas

3.11.Operation, repair and maintenance service of sewage withdrawal network

The Council for regulating the usage, repair and maintenance service of water supply and sewerage in cities and urban areas

3.12.Sewage transportation service by special vehicles

The Council for regulating the usage, repair and maintenance service of water supply and sewerage in cities and urban areas

3.13.Operation, repair and maintenance service of sewage treatment facilities

The Council for regulating the usage, repair and maintenance service of water supply and sewerage in cities and urban areas

3.14.Portable water supply service

The Council for regulating the usage, repair and maintenance service of water supply and sewerage in cities and urban areas

3.15.Use, repair and maintenance service of clean and waste water supply network inside the apartment

The Council for regulating the usage, repair and maintenance service of water supply and sewerage in cities and urban areas

3.16.Operation, repair and maintenance service of the water transfer center

The Council for regulating the usage, repair and maintenance service of water supply and sewerage in cities and urban areas

3.17.Operation, repair and maintenance service of water extraction and purification facilities

The Council for regulating the usage, repair and maintenance service of water supply and sewerage in cities and urban areas

3.18.Testing and adjusting services for water supply and sewage equipment

The Council for regulating the usage, repair and maintenance service of water supply and sewerage in cities and urban areas

3.19.Operation, repair and maintenance service of water supply source buildings in cities and urban areas

The Council for regulating the usage, repair and maintenance service of water supply and sewerage in cities and urban areas

3.20.Operation, repair and service of water distribution buildings in cities and urban areas

The Council for regulating the usage, repair and maintenance service of water supply and sewerage in cities and urban areas

3.21.Use, repair and maintenance service of clean water transmission network

The Council for regulating the usage, repair and maintenance service of water supply and sewerage in cities and urban areas

3.22.Use, repair and maintenance service of clean water distribution network

The Council for regulating the usage, repair and maintenance service of water supply and sewerage in cities and urban areas

4.The below-mentioned activities in the field of defense shall be carried out with a special permit and shall be issued by the following persons:

Special permit on

Authorized body for granting special permits

4.1.Export and import of weapons, equipment and firearms for military purposes

The Government

4.2.Granting permit to aircraft to enter outside the designated air gate

The highest body of military professional management

 

4.3.Flying in the border air zone

The Air Command of the Armed Forces, or General Directorate of Border Protection

/This paragraph was invalidated by the law as of January 6, 2023/

5.The following activities in the field of road and transport shall be carried out with a special permit and shall be issued by the following persons:

Special permit on

Authorized body for granting special permits

5.1.Construction of railway basic structure

The Government

5.2.Development of feasibility study and design drawings, construction, maintenance, repair, and providing consulting service on technical and technological control of auto roads and road structures

The State central administrative body in charge of auto road matters

5.3.Engaging in the work of technical inspection of auto transport vehicles

The State central administrative body in charge of auto road transport matters

5.4.Production, assembly and repair of basic structure and vehicles

The State central administrative body in charge of railway transport matters

5.5.Production of auto transport vehicle number

The State central administrative body in charge of auto road transport matters

5.6.Use of railway basic structure

The State central administrative body in charge of railway transport matters

5.7.Engaging in railway transportation activities

The State central administrative body in charge of railway transport matters

5.8.Operating waterway transport services

The State central administrative body in charge of waterway transport matters

5.9.Conducting repair and maintenance service of civil aircraft

The State administrative body in charge of civil aviation

5.10.Carrying out fight activities by civil aircraft

The State administrative body in charge of civil aviation

5.11.Operating aerodrome and airport services for civil aviation

The State administrative body in charge of civil aviation

 6.The following activities in the fields of finance, economy, customs and investment shall be carried out with a special permit and shall be issued by the following persons:

Special permit on

Authorized body for granting special permits

6.1.Conducting audit activities

The Cabinet member in charge of finance and budget matters

6.2.Conducting customs broker activities

The Cabinet member in charge of finance and budget matters

6.3.Production of securities

The Cabinet member in charge of finance and budget matters

6.4.Conducting asset valuation/appraisal activities

The Cabinet member in charge of finance and budget matters

6.5.Holding lottery for a money

The Cabinet member in charge of finance and budget matters

6.6.Conducting specialized tax consulting services

The Cabinet member in charge of finance and budget matters

6.7.Conducting a customs-guaranteed warehouse operations

The General Administration of Customs

6.8.Operating a customs-guaranteed construction site

The General Administration of Customs

6.9.Operating a customs-guaranteed factory

The General Administration of Customs

6.10.Operating a customs-guaranteed exhibition place

The General Administration of Customs

6.11.Establishing a special zone of customs

The General Administration of Customs

6.12.Operating a duty-free shop

The General Administration of Customs

7. The following activities in the fields of culture and education shall be carried out with a special permit and shall be issued by the following persons:

Special permit on

Authorized body for granting special permits

7.1.Establishing a kindergarten and school with foreign investment

The state central administrative body in charge of education matters

7.2.Conducting university, institute and college activities

The state central administrative body in charge of education matters

7.3.Establishing a secondary school with international program training

The state central administrative body in charge of education matters

7.4.Conducting non-state-owned occupational and technical education training activities

The state central administrative body in charge of education matters

7.5.Conducting museum activities

The state central administrative body in charge of cultural affairs

7.6.Conducting kindergarten activities

The Governor of respective aimag or capital

7.7.Establishing a secondary school

The Governor of respective aimag or capital city

7.8.Conducting a babysitting service

The Governor of respective soum or district

7.9.Carrying out accreditation activities of educational institutions by foreign legal entity in Mongolia

The National Council for Educational Accreditation

/This sub-paragraph 7.3 was amended by the law as of January 6, 2023/

8.The following activities in the fields of mining and heavy industry shall be carried out with a special permit and shall be issued by the following entity:

Special permit on

Authorized body for granting special permits

8.1.Construction of pipelines for oil sales

The Government

8.2.Conducting industrial and technology park activities

The Government

8.3.Being used subsoil for protective burial of toxic substances that have a special effect on the health of the population, livestock, animals, and the environment

The Government

8.4.Conducting wholesale and retail sales of all types of fuel

The state central administrative body in charge of petroleum matters

8.5.Import of all types of fuel

The state central administrative body in charge of petroleum matters

8.6.Conducting the production of oil products

The state central administrative body in charge of petroleum matters

8.7.Exploration and exploitation of oil and unconventional oil

The state central administrative body in charge of petroleum matters

8.8.Manufacturing, importing and using of pyrotechnics for exhibition purposes

The state central administrative body in charge of geology and mining matters

8.9.Blasting for industrial purposes

The state central administrative body in charge of geology and mining matters

8.10.Import, export and manufacturing of explosives and blasting devices for industrial purposes

The state central administrative body in charge of geology and mining matters

8.11.Processing of metallurgical and machine manufacturing

The state central administrative body in charge of heavy industry matters

8.12.Making and manufacturing articles with precious metals and precious stones

The state central administrative body in charge of heavy industry matters

8.13.Storage of oil in naturally occurring oil reservoirs

The state central administrative body in charge of petroleum matters

8.14.Mining of minerals

The state central administrative body in charge of geology and mining matters

8.15.Exploration for minerals

The state central administrative body in charge of geology and mining matters

8.16.Mining of radioactive minerals

The state central administrative body in charge of geology and mining matters

8.17.Rehabilitation of land after the mining of radioactive minerals

The state central administrative body in charge of geology and mining matters

8.18.Import, export, transporting and waste burial of radioactive minerals

The state central administrative body in charge of geology and mining matters

8.19.Search and exploration for radioactive minerals

The state central administrative body in charge of geology and mining matters

8.20.Transporting, import and export of radiation generators

The state central administrative body in charge of education matters

8.21.Assembling, placing, renting, manufacturing, decommissioning, dismantling and storage of radiation generators

The state central administrative body in charge of education matters

8.22.Burial and safekeeping of radiation generator waste and conducting other related activities

The state central administrative body in charge of education matters

8.23.Possessing, use and sale of radiation generators

The state central administrative body in charge of education matters

8.24.Possessing, use and sale of nuclear material

The Nuclear Energy Commission

8.25.Import, export, and transporting of nuclear materials, and burial of radioactive waste of own country

The Nuclear Energy Commission

8.26.Use of nuclear devices

The Nuclear Energy Commission

8.27.Construction, modification, modernization and decommissioning of nuclear devices

The Nuclear Energy Commission

8.28.Being used the subsoil for purposes other than mineral extraction

Governor of respective aimag or capital

8.29.Mining of common minerals

Governor of respective aimag or capital

8.30.Exploration for common minerals

Governor of respective aimag or capital

/These sub-paragraphs 8.20, 8.21, 8.22, and 8.23 were amended by the law as of January 6, 2023/

9.The following activities in the field of communication and information technology shall be carried out with a special permit and shall be issued by the following entity:

Special permit on

Authorized body for granting special permits

9.1.Conducting in digital signature certification issuing activities

The state central administrative body in charge of digital development and communication matters

9.2.Operating commercial radio and television services

The Communications Regulatory Commission

9.3.Using information networks and providing service

The Communications Regulatory Commission

9.4.Operating in communication services

The Communications Regulatory Commission

9.5.Operating public radio and television services

The Communications Regulatory Commission

9.6.Operating in multi-channel transmission services

The Communications Regulatory Commission

9.7.Operating in broadcasting radio and television services

The Communications Regulatory Commission

9.8.Use of radio frequencies and radio frequency bands

The Communications Regulatory Commission

9.9.Operating radio and television ground network services

The Communications Regulatory Commission

9.10.Establishment of a space communication network, its operation and service

The Communications Regulatory Commission

9.11.Establishment of communication network, its operation and service

The Communications Regulatory Commission

9.12.Installation and maintenance of communication networks and infrastructure

The Communications Regulatory Commission

9.13.Operating a domestic postal service

The Communications Regulatory Commission

9.14.Operating paid radio and television services

The Communications Regulatory Commission

9.15.Operating transnational postal services

The Communications Regulatory Commission

10.The following activity in the field of employment shall be carried out with a special permit and shall be issued by the following entity:

Special permit on

Authorized body for granting special permits

10.1.Providing mediation services for Mongolian citizens to work or practice abroad

The state central administrative body in charge of labor matters

11.The following activities in the field of legal and other general matters shall be carried out with a special permit and shall be issued by the following entity:

Special permit on

Authorized body for granting special permits

11.1.Import and sale of firearms, ammunition, accessories, and equipment similar to firearms for civil and security purposes

The Cabinet member in charge of legal affairs

11.2.Ammunition production and reloading

The Cabinet member in charge of legal affairs

11.3.Manufacture of seals and signs

The Cabinet member in charge of legal affairs

11.4.Conduct in paid guessing and gambling activities

The Cabinet member in charge of legal affairs

11.5.Opening a center or branch for the sale of firearms, ammunition, accessories and equipment similar to firearms for civilian and security purposes

The state central administrative body in charge of legal affairs

11.6.Conducting security and guarding activities

The state central administrative body in charge of legal affairs

11.7.Providing archival document storage services

The State administrative body in charge of archives and records management

11.8.Conducting a detailed disaster risk assessment

The State administrative body in charge of emergencies matters

11.9.Conducting intellectual property agent activities

The State administrative body in charge of intellectual property matters

11.10.Conducting sports-training activities using firearms and ammunition

The Central police organization

11.11.Conducting private security activities

The Central police organization

11.12.Placing advertisements in public buildings, roads, streets and squares with the help of billboards, beacons, lighting and other non-moving means

The Governor's Office of the respective aimag, capital city, soum, and district

11.13.Conducting lawyer's professional activities

The Lawyer's Bar Association

12.The following activities in the field of food, agriculture and light industry shall be carried out with a special permit and shall be issued by the following entity:

Special permit on

Authorized body for granting special permits

12.1.Production of alcoholic beverages other than production of it using traditional technology

The Government

12.2.Production of tobacco and cultivation of tobacco plants

The Government

12.3.Import of tobacco

The Government

12.4.Conducting industrial and technology park activities

The Government

12.5.Import of alcoholic beverages

The Cabinet member in charge of food matters

12.6.Import and sale of plant protection substances

The Cabinet member in charge of agriculture matters

12.7.Creation of new animal breeds and strains by advanced scientific methods

The Cabinet member in charge of agriculture matters

12.8.Cultivation of microorganisms, production of ova, embryos and seeds, introduction into service

The state central administrative body in charge of agriculture matters

12.9.Import of improvement animals and animal breeding products from abroad

The state central administrative body in charge of agriculture matters

12.10.Export livestock and livestock breeding products

The state central administrative body in charge of agriculture matters

12.11.Production of crop seeds

The state central administrative body in charge of agriculture matters

12.12.Production and import of livestock and animal medicine and medical equipment

The state central administrative body in charge of agriculture matters

12.13.Selling alcoholic beverages and providing services with them

The Governor of respective aimag or capital city, or the Governor of a free zone in the territory of a free zone

12.14.Production of distilled spirits from dairy products

The Governor of the respective aimag or capital city

/The numberings of these paragraphs as "12.4-12.13" were changed into "12.5-12.14" by the law as of July 5, 2022/

/This paragraph was amended by the law as of July 5, 2022/

/These sub-paragraphs 12.1 and 12.4 was amended by the law as of January 6, 2023/

13.The following activities in the field of health shall be carried out with a special permit and shall be issued by the following entity:

Special permit on

Authorized body for granting special permits

13.1.Conducting in professional nursing activities

The Cabinet member in charge of health matters

13.2.Conducting professional rehabilitation activities

The Cabinet member in charge of health matters

13.3.Conducting the professional activity of prescribing medicines

The Cabinet member in charge of health matters

13.4.Conducting professional treatment activities

The Cabinet member in charge of health matters

13.5.Providing professional obstetrics activities

The Cabinet member in charge of health matters

13.6.Using narcotic plants to prepare medicine

The State Central Administrative Body in charge of health matters

13.7.Manufacture, import, supply and repair medical instruments, equipment, accessories and protheses

The State Central Administrative Body in charge of health matters

13.8.Providing public health care and services

The State Central Administrative Body in charge of health matters or Health department of respective Aimag or capital city

13.9.Conducting specialized rehabilitation care and services

The State Central Administrative Body in charge of health matters or Health department of respective Aimag or capital city

13.10.Conducting specialized nursing care and services

The State Central Administrative Body in charge of health matters or Health department of respective Aimag or capital city

13.11.Providing emergency services

The State Central Administrative Body in charge of health matters or Health department of respective Aimag or capital city

13.12.Providing qualified medical care and services

The State Central Administrative Body in charge of health matters or Health department of respective Aimag or capital city

13.13.Providing hospital emergency medical care and services

The State Central Administrative Body in charge of health matters or Health department of respective Aimag or capital city

13.14.Providing obstetric care and services

The State Central Administrative Body in charge of health matters or Health department of respective Aimag or capital city

13.15.Sale and conducting service of household insects, rodenticides, sterilization and disinfection agents

The State Administrative Body in charge of medicine matters or Health department of respective Aimag or capital city

13.16.Production, import, export and supply of biologically active products

The State Administrative Body in charge of medicine matters

13.17.Production, import, export, supply and sale of narcotic drugs and psychotropic substances, medicinal substances, precursors and drugs

The State Administrative Body in charge of medicine matters

13.18.Producing, importing, exporting, and supplying human medicine and medical devices

The State Administrative Body in charge of medicine matters

13.19.Conducting supply activities of human medicine and medical devices at retail price

The Health department of respective Aimag or capital city

13.20.Providing family health care and services

The Health department of respective Aimag or capital city

/This sub-paragraph 13.16 was invalidated by the law as of January 6, 2023/

14.The below mentioned activities in the field of energy shall be carried out with a special permit and shall be issued by the following person:

Special permit on

Authorized body for granting special permits

14.1.Building, installing, repair, testing and adjusting, and engaging in ancillary work and services of 0.1-5MVt energy source

The State Central Administrative Body in charge of energy matters

14.2.Building, installing, repair, testing and adjusting, and engaging in ancillary work and services of 0.1-100mMVt energy source

The State Central Administrative Body in charge of energy matters

14.3.Building, installing, repair, testing and adjusting, and engaging in ancillary work and services of energy source more than 100MVt

The State Central Administrative Body in charge of energy matters

14.4.Repair and installation of 0.4-15kV power transmission lines and substations, their testing and adjustment, and conducting ancillary works and services

The State Central Administrative Body in charge of energy matters

14.5.Repair and installation of 0.4-35kV power transmission lines and substations, their testing and adjustment, and conducting ancillary works and services

The State Central Administrative Body in charge of energy matters

14.6.Repair and installation of 0.4-110kV power transmission lines and substations, their testing and adjustment, and conducting ancillary works and services

The State Central Administrative Body in charge of energy matters

14.7.Repair and installation of 220 kV and higher power transmission lines and substations, their testing, adjustment, and conducting related work and services

The State Central Administrative Body in charge of energy matters

14.8.Assembly, repair, testing and adjustment, and conducting ancillary work and service of 0.07-1.6 MPa pressure furnace

The State Central Administrative Body in charge of energy matters

14.9.Assembly, repair, testing and adjustment, and conducting ancillary work and service of 0.07-4 MPa pressure furnace

The State Central Administrative Body in charge of energy matters

14.10.Assembly, repair, testing and adjustment, ancillary work and service of 0.07-8.0 MPa pressure furnace

The State Central Administrative Body in charge of energy matters

14.11.Assembly, repair, testing and adjustment, and conducting ancillary work and service of furnaces with a pressure of more than 8.0 MPa

The State Central Administrative Body in charge of energy matters

14.12.Assembly, repair, testing and adjustment, and conducting ancillary work and service of 0.07-1.6 MPa pressure vessel

The State Central Administrative Body in charge of energy matters

14.13.Assembly, repair, testing and adjustment, and conducting ancillary work and service of 0.07-4.0 MPa pressure vessel

The State Central Administrative Body in charge of energy matters

14.14.Assembly, repair, testing and adjustment, and conducting ancillary work and service of 0.07-8.0 MPa pressure vessel

The State Central Administrative Body in charge of energy matters

14.15.Assembly, repair, testing and adjustment, and conducting ancillary work and service of vessels with a pressure of more than 8.0 MPa

The State Central Administrative Body in charge of energy matters

14.16.Assembly, repair, testing and adjustment, and conducting ancillary works and services of 0.07-1.6 MPa pressure heat pipelines and heat transfer center

The State Central Administrative Body in charge of energy matters

14.17.Assembly, repair, testing and adjustment, and conducting ancillary works and services of 0.07-4.0 MPa pressure heat pipelines and heat transfer center

The State Central Administrative Body in charge of energy matters

14.18.Assembly, repair, testing and adjustment, and conducting ancillary works and services of 0.07-8.0 MPa pressure heat pipelines and heat transfer center

The State Central Administrative Body in charge of energy matters

14.19.Assembly, repair, testing and adjustment, and conducting ancillary works and services of heat pipelines and heat transfer center with pressure of more than 8.0 MPa

The State Central Administrative Body in charge of energy matters

14.20.Installation, repair, testing and adjustment, and conducting ancillary works and services of equipment working at a pressure of less than 4.0 MPa kg/cm2

The State Central Administrative Body in charge of energy matters

14.21.Installation, repair, testing and adjustment, and conducting ancillary works and services of equipment operating at a pressure of more than 4.0 MPa kgh/cm2

The State Central Administrative Body in charge of energy matters

14.22.Development of design drawings of energy buildings and facilities

The State Central Administrative Body in charge of energy matters

14.23.Production of electricity

In the context of the use of lines crossing state borders, integrated networks, centralized heat supply and gas supply, the Energy Regulatory Commission, and in other cases, the Regulatory Council of the respective aimag or capital city

14.24.Elelctricity transmission

In the context of the use of lines crossing state borders, integrated networks, centralized heat supply and gas supply, the Energy Regulatory Commission, and in other cases, the Regulatory Council of the respective aimag or capital city

14.25.Electricity distribution

In the context of the use of lines crossing state borders, integrated networks, centralized heat supply and gas supply, the Energy Regulatory Commission, and in other cases, the Regulatory Council of the respective aimag or capital city

14.26.Production of heat

In the context of the use of lines crossing state borders, integrated networks, centralized heat supply and gas supply, the Energy Regulatory Commission, and in other cases, the Regulatory Council of the respective aimag or capital city

14.27.Heat transmission

In the context of the use of lines crossing state borders, integrated networks, centralized heat supply and gas supply, the Energy Regulatory Commission, and in other cases, the Regulatory Council of the respective aimag or capital city

14.28.Heat distribution

In the context of the use of lines crossing state borders, integrated networks, centralized heat supply and gas supply, the Energy Regulatory Commission, and in other cases, the Regulatory Council of the respective aimag or capital city

14.29.Dispatching regulation

In the context of the use of lines crossing state borders, integrated networks, centralized heat supply and gas supply, the Energy Regulatory Commission, and in other cases, the Regulatory Council of the respective aimag or capital city

14.30.Electricity import, export

In the context of the use of lines crossing state borders, integrated networks, centralized heat supply and gas supply, the Energy Regulatory Commission, and in other cases, the Regulatory Council of the respective aimag or capital city

14.31.Construction of energy buildings and facilities

In the context of the use of lines crossing state borders, integrated networks, centralized heat supply and gas supply, the Energy Regulatory Commission, and in other cases, the Regulatory Council of the respective aimag or capital city

14.32.Regulated supply of energy

In the context of the use of lines crossing state borders, integrated networks, centralized heat supply and gas supply, the Energy Regulatory Commission, and in other cases, the Regulatory Council of the respective aimag or capital city

14.33.Unregulated supply of energy

In the context of the use of lines crossing state borders, integrated networks, centralized heat supply and gas supply, the Energy Regulatory Commission, and in other cases, the Regulatory Council of the respective aimag or capital city

14.34.Supply gas

In the context of the use of lines crossing state borders, integrated networks, centralized heat supply and gas supply, the Energy Regulatory Commission, and in other cases, the Regulatory Council of the respective aimag or capital city

Article 8.2.List of ordinary permits

1.The activities mentioned below in the field of environment shall be carried out with an ordinary permit and shall be issued by the following person:

Ordinary permit on

Authorized body for granting ordinary permits

1.1.Export of animal collection

The State Central Administrative Body in charge of nature and environment matters

1.2.Conducting research and analysis in connection with the water and water bodies in water reservoirs by the foreign citizen, entities and organizations

The State Central Administrative Body in charge of nature and environment matters

1.3.Cultivating alien plant species

The State Central Administrative Body in charge of nature and environment matters

1.4.Use extremely rare and rare plants for research and analysis purposes

The State Central Administrative Body in charge of nature and environment matters

1.5.Hunting, trapping extremely rare animals with purpose of conducting scientific work

The State Central Administrative Body in charge of nature and environment matters

1.6.Conducting research and analysis in special protected area

The State Central Administrative Body in charge of nature and environment matters

1.7.Hunting and trapping with the purpose of conducting scientific work and disinfecting focus of communicable diseases

The State Central Administrative Body in charge of nature and environment matters

1.8.Transplanting saplings from natural forests

The Department of Environment of the respective aimag and capital city

1.9.Possesion and use land

The Department of Environment of respective aimag and capital city or Governor of the Free Zone in the territory of the Free Zone

1.10.Use of large stationary sources of air pollution

The Governor of the soum, district 

1.11.Possession and use animal

The Governor of the soum, district

1.12.Huntung, trapping animals for household purposes

The Governor of the soum, district

1.13.Usig rare plants for the purposes of providing for family food and other household needs

The Governor of the soum, district

1.14.Use less than 50 cubic meters of water per day

The Governor of the soum, district

1.15.Use of water by a legal entity that supplies water to a centralized population water supply source

The respective basin administration

1.16.crossing the genetic reserve across the border of Mongolia

State central administrative body in charge of environment and nature

/This sub-paragraph 1.16 was added by the law as of January 6, 2023/

2.In the field of banking and non-banking financial services, the following activities shall be conducted with an ordinary permit, and shall be granted by the following persons:

Ordinary permit on

Authorized body for granting ordinary permits

2.1.Engaging in outsourcing services

The Bank of Mongolia

2.2.Establishing a bank or its branch, and establishing a bank or its branch abroad

The Bank of Mongolia

2.3.Issuing new shares and securities related to shares by the bank, and changing the amount and structure of the share capital

The Bank of Mongolia

2.4.Reorganizaton and liquidation of the bank by the decision of the meeting of shareholders

The Bank of Mongolia

2.5.Buying, selling, keeping and depositing precious metals and gems in the bank

The Bank of Mongolia

2.6.Issuing new shares or securities related to shares by bank, changing the amount and structure of the bank's share capital, any person becoming an influential shareholder, changes in the amount and structure of the shares of an influential shareholder

The Bank of Mongolia

2.7.Changing the bank's name and location

The Bank of Mongolia

2.8.Conducting banking activities and necessary required activities in providing settlement service and credit information services

The Bank of Mongolia

2.9.Purchase, sale, storage and deposit of foreign currency by the bank

The Bank of Mongolia

2.10.Making foreign settlement and payments by Bank

The Bank of Mongolia

2.11.Providing payment services through contracted agents

The Bank of Mongolia

2.12.Sale and purchase of loans and other financial instruments by bank

The Bank of Mongolia

2.13.Reorganization and liquidation of credit information service providers

The Bank of Mongolia

2.14.Engaging in lending activities by bank

The Bank of Mongolia

2.15.Providing wire transfer services

The Bank of Mongolia

2.16.Engaging in deposit activities by bank

The Bank of Mongolia

2.17.Making electronic transfers of funds

The Bank of Mongolia

2.18.Acting as a settlement agent

The Bank of Mongolia

2.19.Conducting settlement activities by bank

The Bank of Mongolia

2.20.Issuing and accepting means of payment

The Bank of Mongolia

2.21.Storing valuables by bank

The Bank of Mongolia

2.22.Issuing, selling and buying securities by bank

The Bank of Mongolia

2.23.Issuing guarantees and guaranty to third parties by bank on its behalf

The Bank of Mongolia

2.24.Engaging in financial leasing activities by bank

The Bank of Mongolia

2.25.Issuance of electronic/cyber money

The Bank of Mongolia

2.26.Conducting compulsory insurance activities

The Financial Regulatory Commission

2.27.Aproving Articles of Association of Compulsory Insurers and amendments thereto, and changing the composition of the Board of Directors

The Financial Regulatory Commission

2.28.Opening of branches, representative offices and units of non-banking financial institutions

The Financial Regulatory Commission

2.29.Issuing non-banking financial payment guarantee

The Financial Regulatory Commission

2.30.Issuing non-banking financial settlement instruments

The Financial Regulatory Commission

2.31.Investing in short-term non-banking financial instruments

The Financial Regulatory Commission

2.32.Changing the name and location of a non-banking financial institution

The Financial Regulatory Commission

2.33.Making changes in the size, structure and composition of shareholders of non-banking financial institutions

The Financial Regulatory Commission

2.34.Reorganization and liquidation of non-banking financial institutions

The Financial Regulatory Commission

2.35.Engaging in financial brokerage activities related to mortgage of non-banking financial real estate

The Financial Regulatory Commission

2.36.Opening a branch or representative office by foreign insurers in Mongolia and conducting insurance activities through it.

The Financial Regulatory Commission

2.37.Engaging in brokerage activities for the sale and purchase of securities in foreign securities markets

The Financial Regulatory Commission

2.38.Opening the branch or representative office by the insurer in the territory of a foreign country and conducting insurance activities through it

The Financial Regulatory Commission

2.39.Transferring any part of the insurer's activities to other parties

The Financial Regulatory Commission

2.40.Combining any part of the insurer's activities with the activities of other parties

The Financial Regulatory Commission

2.41.Opening its branch and representative office by the insurer

The Financial Regulatory Commission

2.42.Changing the name and location of the insurance organization

The Financial Regulatory Commission

2.43.Making changes in the size, structure and composition of shareholders of the insurance organization

The Financial Regulatory Commission

2.44.Reorganization and liquidation of insurance organizations

The Financial Regulatory Commission

2.45.Registration of securities to be issued as a public offering, offering and sale of securities on the primary market

The Financial Regulatory Commission

2.46.Concluding an insurance contract with a foreign insurer who has not obtained a special permit

The Financial Regulatory Commission

2.47.Selling, trading, pledging or transferring the shares in other forms by a shareholder of a regulated entity in the securities market

The Financial Regulatory Commission

2.48.Making changes to the securities prospectus

The Financial Regulatory Commission

2.49.Trading securities in the secondary securities market

The Financial Regulatory Commission

2.50.Establishing the own branch or representative office by the regulated entity in the securities market

The Financial Regulatory Commission

2.51.Registration of asset-backed securities

The Financial Regulatory Commission

3.In the field of construction and urban development, the following activities shall be carried out with an ordinary permit, which shall be issued by the following person:

Ordinary permit on

Authorized body for granting ordinary permits

3.1.Issuing construction permits for nationwide buildings and facilities such as nuclear and thermal power plants, hydroelectric plants, railways, airports, subways, cross-country oil and gas pipelines, oil refineries, and crude oil pipelines and others

The Government

3.2.Printing construction norms and normative documents of buildings and facilities

The State central administrative body in charge of construction matters

3.3.Starting and continuing construction work

The Governor of the respective aimag or capital

4.The following activities in the field of auto road and transport development shall be carried out with an ordinary permit, which shall be issued by the following persons:

Ordinary permit on

A person authorized to issue an ordinary permit

4.1.Breaking up state-owned highways, make entrances and exits in necessary needs of construction of buildings and facilities, expansion, connection to pipeline network, etc.

The state central administrative body in charge of road and transport development matters, or the governor of an aimag or capital

4.2.Conducting international flights

The State central administrative body in charge of civil aviation matters

4.3.Conducting activities that may endanger flight by shooting, exploding, or launching rockets in the airspace and airways used for civil aviation in Mongolia

The State administrative body in charge of civil aviation matters

4.4.Granting the right to drive an auto transport vehicle

The Central police organization

4.5.In case of necessity, travel on auto roads and road structures with vehicles that are overloaded, larger than permitted, or by tracked vehicle without special protection

The Organization in charge of repair, maintenance and protection of auto roads and road structures matters

5.The following activities in the fields of finance, economy, customs and investment shall be carried out with an ordinary permit, which shall be issued by the following persons:

Ordinary permit on

Authorized body for granting ordinary permits

5.1.Possessing 33 or more percent of the total issued shares of the Mongolian legal entity by foreign state-owned legal entity with purpose of conducting banking, financial, or press, media, and communication activities

The State central administrative body in charge of economic and development matters

5.2.Engaging in field of mining, or banking and financial, or publishing, media, and communication by a foreign state-owned legal entity

The State central administrative body in charge of economic and development matters

5.3.Operating temporary customs warehouse

The General Administration of Customs

5.4.Granting the right of an appraiser

The Professional organization of asset evaluation/appraisal

/This sub-paragraph 5.2 was invalidated by the law as of January 6, 2023/

/This sub-paragraph 5.1 was modified by the law as of January 6, 2023/

6.In the field of culture and education, the following activities shall be carried out with an ordinary permit and shall be issued by the following person:

Ordinary permit on

Authorized body for granting ordinary permits

6.1.Crossing unique historical and cultural monuments across the state border for the purpose of restoration and promotion

The Government

6.2.Conducting training in new professions of higher education

The State central administrative body in charge of education matters

6.3.Establishing a joint school according to the treaties between the governments

The State central administrative body in charge of education matters

6.4.Establishing a high school of general education affiliated to universities and institutes

The State central administrative body in charge of education matters

6.5.Conducting master's and doctoral degree courses

The State central administrative body in charge of education matters

6.6.Conducting paleontological and archaeological research and excavations in the territory of Mongolia

The Cabinet member in charge of cultural affairs

6.7.Conducting research on non-physical cultural heritage in the territory of Mongolia

 The Cabinet member in charge of cultural affairs

6.8.Duplication and multiplication of the physical cultural heritage of public property

The Cabinet member in charge of cultural affairs

6.9.Restoration of physical cultural heritage

The Cabinet member in charge of cultural affairs

6.10.Engaging in mediating activities of cultural workers

The State central administrative body in charge of cultural affairs

6.11.Transporting cultural heritage

The State central administrative body in charge of cultural affairs

6.12.Bringing the historical and cultural movable monuments, paleontological and archeological artifacts across the state border for the purposes of researching and analyzing, restoring, and exhibiting in foreign countries

The State central administrative body in charge of cultural affairs

6.13.Filming by foreign citizens and legal entities on the territory of Mongolia

The Film Arts Council

/This sub-paragraph 6.12 was amended by the law as of January 6, 2023/

/This sub-paragraph 6.1 was amended by the law as of January 6, 2023/

7.In the field of mining and heavy industry, the following activities shall be carried out with an ordinary permit, which shall be issued by the following person:

Ordinary permit on

Authorized body for granting ordinary permits

7.1.Transport of explosives and blasting devices

Central police organization

7.2.Purchasing the legal entity explosives and blasting devices surplus to requirements and selling them to authorized bodies.

State administrative body in charge of specialized inspection

/This sub-paragraph 7.2 was invalidated by the law as of January 6, 2023/

8.The below-mentioned activities in the field of communication and information technology shall be carried out with an ordinary permit, which shall be issued by the following persons:

Ordinary permit on

Authorized body for granting ordinary permits

8.1.Conducting an audit of the information security

State central administrative body in charge of digital development and communications

8.2.Making an assessment of the cyber security risk

State central administrative body in charge of digital development and communications

8.3.Use of radio-frequency for the purpose of non-public service 

Communications Regulatory Commission

/This paragraph was modified by the law as of January 6, 2023/

9.In the field of employment activities, the following activities shall be carried out with an ordinary permit and shall be issued by the following person:

Ordinary permit on

Authorized body for granting ordinary permits

9.1.Inviting foreign workers for employment in Mongolia

State administrative body in charge of employment matters

9.2.Conducting employment by foreign employee to in Mongolia

State administrative body in charge of employment matters

10.In legal and other general matters, the following activities shall be carried out with an ordinary permit, which shall be issued by the following person:

Ordinary permit on

Authorized body for granting ordinary permits

10.1.Working foreign citizens in important state facilities

Government

10.2.Releasing temporarily documents of the state archive fund abroad

Government

10.3.Engaging in notary activities

Cabinet member in charge of legal affairs

10.4.Entering the border strip of the country and carrying out work and production

State border protection organization

10.5.Entering the state border area and carrying out work and production by citizens who do not permanently reside in the border area, business entities and organizations that are not located in the border area

State border protection organization

10.6.Reorganization of a dominant legal entity through merger or amalgamation with other entities, or purchase of more than 20 percent of ordinary shares and more than 15 percent of preferred shares of a competitor company that sells the same type of goods and products, or merger or amalgamation with a related party

Authority for fair competition and consumer protection

10.7.Changing the selling price of products of entrepreneurs with legal monopoly

Authority for fair competition and consumer protection

10.8.Import and export of firearms for the purpose of hunting

Central police organization

10.9.Issuance of firearms certificate

Central police organization

10.10.Purchasing of firearms

Central police organization

10.11.Conducting trade and services on the road, near it and on public streets and squares

Governors of the respective aimag, capital city, soum, and district

10.12.Conducting an expert activity

Central organization of forensics

10.13.Using a space for the purpose of conducting trade and service in the public streets and squares

Governors of the respective aimag, capital city and district

10.14.Granting an authorization to the aircraft to enter outside designated air gates

The highest organization of Military Professional Management

10.15.Conducting a flight in the border airspace

Air Force Command or the General Authority of Border Protection

/This sub-paragraph 10.12 was added by the law as of December 23, 2022/

/This sub-paragraph 10.6 was invalidated by the law as of January 6, 2023/

/This sub-paragraph 10.11 was modified by the law as of January 6, 2023/

/These sub-paragraphs 10.13, 10.14, and 10.15 were added by the law as of January 6, 2023/

11.In the fields of food, agriculture, and light industry, the activities mentioned below shall be carried out with an ordinary permit and shall be issued by the following persons:

Ordinary permit on

Authorized body for granting ordinary permits

11.1.Export and import of strategic food

State central administrative body in charge of food matters

11.2.Iissuing a one-time permit for each type and species to export livestock

State central administrative body in charge of agriculture matters

11.3. to issue a one-time permit for up to five samples of the same species for the export of animal breeding products for the purpose of research and analysis

State central administrative body in charge of agriculture matters

11.4.Import and export of livestock and animal feed supplements, medicine and medical equipment

State administrative body in charge of livestock and animal health matters

11.5.Issuance of international veterinary certificate

State administrative body in charge of livestock and animal health matters

11.6.Engaging in tobacco sales

The governor of respective soum or district, or the governor of a free zone in the territory of a free zone

12.In the field of health, the following activities shall be carried out with an ordinary permit, which shall be issued by the following persons:

Ordinary permit on

Authorized body for granting ordinary permits

12.1.Advertising medicines

State central administrative body in charge of pharmaceuticals matters

/This sub-paragraph 12.1 was amended by the law as of January 6, 2023/

CHAPTER NINE

MONITORING THE IMPLEMENTATION OF LEGISLATION ON PERMITS

9.1.Persons authorized to monitor the implementation of legislation on permit and their functions

1.A non-staff council composed of representatives from the state, private sector, and non-governmental organizations shall work next to the Prime Minister with functions of monitoring the activities of authorized bodies and making suggestions and conclusions about the reasons and requirements for amendments to this Law (hereinafter referred to as "Council").

2.The Government Secretariat shall perform the functions of the Council's office.

3.The Council consists of a chairman, a secretary, and 11 members and the Prime Minister shall chair the Council.

4.The Government shall approve the procedures on appointing and dismissing the Council members, and their operational rules .

5.The Council shall perform the following functions:

5.1.to provide methodological instruction to authorized bodies;

5.2.to monitor and evaluate the state of granting permits and its effectiveness, and to make suggestions and draw conclusions;

5.3.to make suggestions and draw conclusions on amendments to this Law;

5.4.to monitor the authorized body's activity and implement corrective measures when violations are found;

5.5.to submit a suggestion to competent organizations and officials to revoke a decision of state organization and official , as well as administrative normative acts those violate the legislation on permits.

6.Experts and specialists may be involved to provide support in matters requiring particular knowledge and skill in order to make necessary proposals and suggestions for the implementation of this Law and the creation and granting of new permits.

Article 9.2.Monitoring and evaluation on permit granting activity

1.The council shall carry out the monitoring and assessment every three years in accordance with the criteria provided in Article 9.3 of this Law in order to determine whether permit and related activities comply with the purposes, principles, conditions, and requirements of this Law.

2.Based on the results of the monitoring and evaluation undertaken in accordance with paragraph 1 of this article, the Council shall draw conclusions on whether to keep the permit, move it from one category to another, or draft laws on the subject of eliminating or amending the permit list.

Article 9.3.Making a conclusion to create a new permit and amending the permit's conditions and requirements

1.When making a conclusion on whether to create a new permit, the Council must adhere to the principles outlined in paragraph 14 of Article 1.5 of this Law.

2.The Council shall make a conclusion on whether to create a new permit based on the following criteria:

2.1.whether the permit that will be created newly is necessary to protect safety of human life, health, and the environment;

2.2.whether it is duplicated or coordinated with the list of permits specified in Articles 8.1 and 8.2 of this Law;

2.3.Depending on the classification of permit, whether it is compatible with the needs, requirements, risk level, and assessment of permit;

2.4.positive and negative impacts on economic and business activity;

2.5.the costs borne by citizens, legal entities, and state organizations in connection with the permit to be created newly;

2.6.Whether the law initiator held a public hearing on the proposed legislation draft in accordance with sub-paragraph 7.1.3 of Article 7 of the Law on Public Hearings.

3.The conclusions specified in Paragraph 2 of this Article, together with the suggestions and conclusions specified in Paragraph 5.3 of Article 9.1 of this Law, shall be presented to the Cabinet meeting.

Article 9.4.Making a complaint about the granting, extension, suspension, restoration, and revocation of a permit

1.Citizens and legal entities may file complaints about the granting, extending, suspending, restoring, or revoking the permits in accordance with the procedures provided in Article 93 of the General Administrative Law.

Article 9.5.Liabilities for Violators of the law

1.If the act of a public official who violates this Law is not in criminal nature, he or she shall be liable as provided in the Law on Civil Service.

2.A person or legal entity that violates this Law shall be subject to liability specified in the Criminal Code or the Law on Violations.

Article 9.6.Transitional arrangements

1.Sub-Paragraph 5.3 of Article 9.1 of this Law and sub-paragraph 7.1.3 of Article 7 of the Law on Public Hearings shall not apply to the draft laws submitted to the State Great Khural before the entry into force of this Law, or are in the process of final discussion and approval, which are related to the permits.

Article 9.7.Entry into force of the Law

1.This Law shall enter into force on January 1, 2023.

 

 

THE CHAIRMAN OF STATE GREAT KHURAL OF MONGOLIA ZANDANSHATAR.G