(2023.07.18-ны өдрийн орчуулга)                                           Unofficial translation

 

LAW OF MONGOLIA

June 05, 1997           Ulaanbaatar city

 

ON STATISTICS

/Revised edition/

 

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Objective of the Law

The objective of this Law is to regulate relations in connection with identifying integrated framework of Mongolian statistic information, operational principle, powers of statistics organization and relations that arise between them and during the process of providing users with statistic information by informer.

Article 2.Legislation on statistics

The legislation on statistics shall comprise the Constitution of Mongolia, this Law and other legislative acts enacted in compliance with these laws.

Article 3.Definitions of legal terms

The following terms used in this Law shall have the following meanings:

1/"statistical information" means digital information with regard to economy, nature and society collected and developed by integrated program and method;

2/"statistical activity" means complete set of activities including keeping track of statistics, making information available, development through integration, conducting census and study, making opinion, distributing and publishing information and study results to users, ensuring the accuracy of information and establishing and storing fund;

3/"statistical informer" means legal entity belonging to all types of property that operates in Mongolian territory, Mongolian legal entity that operates abroad, Mongolian and foreign citizen and a stateless person that have been covered by statistical information and study;

4/"statistical information user" means legal entity, Mongolian and foreign citizen and a stateless person that are using statistical information in their own operation;

5/"official statistical information" means information included in information and statistical activity program presented by indicators with regard to economy, population, society and environment stated in Article 6 of this Law using method and indicators approved by National statistics office;

/This sub-paragraph was modified according to the law as of April 23, 2004/

/This sub-paragraph was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

6/ /This sub-paragraph was invalidated according to the law as of April 23, 2004/

7/ /This sub-paragraph was invalidated according to the law as of April 23, 2004/

8/"administrative statistical information" means information collected for the use of ministry and Government agencies, other state organizations and local administrative organization using method and indicators approved by National statistics office.

/This sub-paragraph was modified according to the law as of April 23, 2004/

/This sub-paragraph was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

Article 4.Principles of statistical activity

The following principles shall be adhered to in statistical activity:

1/official statistical activity should be autonomous and independent;

2/to have integrated methodology with scientific grounds;

3/information should be true and realistic;

4/information should be urgent;

5/statistical information should be transparent and publicly accessible at an extent permissible by law;

6/statistical indicators and methodology should be in line with international statistical standards and methodology;

7/statistical information should be collected at low cost with method and form having low pressure to informers.

/This sub-paragraph was added according to the law as of April 23, 2004/

CHAPTER TWO

FRAMEWORK OF STATISTICAL INFORMATION

Article 5.Forms of statistical information

1.The statistical information has two forms, namely official and administrative.

/This paragraph was amended according to the law as of April 23, 2004/

2. /This paragraph was invalidated according to the law as of April 23, 2004/

3.National statistics office, ministry, other governmental offices and the Governors of all levels shall make official statistical information.

This paragraph was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

4. /This paragraph was invalidated according to the law as of April 23, 2004/

Article 6.Indicators and grounds for releasing official statistical information

1.The official statistical information shall include the following basic indicators:

1/Statistical indicator of macro economy:

a/gross domestic product;

b/inflation level and cost of consumption;

c/investment;

d/accumulation;

e/payment balance;

f/number of unemployed;

g/money, bank loan, securities market;

h/income and expense of the state and local budget;

j/productivity indicators.

/This sub-paragraph was added according to the law as of April 23, 2004/

2/Indicators of population and social statistics;

a/population density, age and gender;

b/birth, mortal rate of population, net growth, marriage and marriage break-up;

c/economically active population, employees;

d/family and population census, income, expense and consumption;

e/population food supply, sufficiency, calorie, indicators of nutrition, quality and hygiene;

/This sub-paragraph was amended according to the law as of December 20, 2012/

f/living standard and poverty of population;

g/average salary and income

h/educational level of population, number of schools, teachers and students;

j/health of population, number of hospitals, physicians and patients;

k/fund of housing and newly built houses;

l/number of pensioners and amount of pension and relief;

m/number of museums and libraries and their treasury;

n/number of newspapers and magazines and produced movies;

o/duration of working hours.

/This sub-paragraph was added according to the law as of May 14, 1999 and was amended according to the law as of April 23, 2004/

p/illness and acute poisoning due to industrial accident and profession;

/This sub-paragraph was added according to the law as of May 14, 1999/

q/employment dispute.

/This sub-paragraph was added according to the law as of May 14, 1999/

3/Statistical indicators of manufacturing, science and technology;

a/number of livestock and domesticated animals;

b/number of animal fence and water well points;

c/production of basic agricultural commodities;

d/cultivated area, harvested crop, hay and forage;

e/production and sales of industrial products;

f/production of basic industrial commodities;

g/building construction, amount of overhaul;

h/transported loads, passengers, load circulation and passenger circulation of transportation industry;

j/income of telecommunication service, number of radio and telephone points;

k/major ranges and amount of export and import;

l/income of tourism and number of tourists;

m/applicable patents, number of new inventions;

n/cost of academic study, experimentation and invention;

4/Statistical indicators of court:

a/number and type of criminal cases;

b/number, age and gender difference of defendants penalized by court;

c/damage caused due to crime;

d/bankrupted business entity;

e/indicators of administrative and civil case;

5/Indicators of environmental statistics:

a/protection and erosion of soil;

b/resource of clean water, water consumption, pollution, cleaning and waste;

c/air pollution;

d/forest protection and restoration;

e/number of reserved wildlife and hunting.

2.The relevant ministry and other state offices shall make statistical information of money, loan, finance, tax, customs, environment, culture and art, education, scientific technique, technology, public health, social security, food security and court available, respectively and submit to National statistics office.

/This paragraph was amended according to the law as of December 20, 2012/

/This paragraph was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

Article 7.Conducting census and study

1.National statistics office shall conduct the following census and studies:

/This paragraph was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

a/recurrent population and housing census at each 10 years while mid-term census at each 5 years;

/This sub-paragraph was amended according to the law as of January 03, 2008/

b/inter-sectorial balance and resource utilization chart at each 5 years;

c/livestock and domesticated animal census at each year and half-year livestock census at period specified by law using collected study method;

/This sub-paragraph was modified according to the law as of June 13, 2014/

d/collected study of household society and economy at each quarter;

/This sub-paragraph was modified according to the law as of December 01, 2011/

e/ /This sub-paragraph was invalidated according to the law as of December 01, 2011/

f/collected study of social indicators at each 5 years;

/This sub-paragraph was modified according to the law as of July 03, 2013/

g/collected study of population employment at each quarter;

h/ /This sub-paragraph was invalidated according to the law as of July 03, 2013/

g/business entity census at each 5 years;

k/fence, water well and forage census at each 3 years;

l/collected study of time utilization at each 4 years quarterly.

m/recurrent agricultural census at each 10 years and mid-term census and study at each 5 years.

/This sub-paragraph was added according to the law as of December 01, 2011/

n/risk study to be damaged by crime at each 3 years.

/This sub-paragraph was added according to the law as of June 06, 2019/

2.The State Great Khural shall decide the issue of changing the period stated in paragraph 1 of this Article for mandatorily requirement, the issue of conducting census and study other than stated in this Law based on proposal of Government, or National statistics office.

/This paragraph was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

3.The cost of census and study shall be included in the budget of the given year of National statistics office.

/This paragraph was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

4.National statistics office shall reflect the census and collected study to be conducted for a given year in annual development plan of the State and implement accordingly.

/This paragraph was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

/This paragraph was amended according to the law as of December 17, 2021/

5.The Government shall set the fixed period of census other than those stated in "a", paragraph 1 of this Article, while National statistics office set that of collected and complementary study.

/This paragraph was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

6.A specific law shall regulate the relation with regard to conducting population and housing census.

/This Article was modified according to the law as of April 23, 2004/

/This paragraph was added according to the law as of January 03, 2008/

Article 8.Unofficial statistic activities

/This Article was invalidated according to the law as of April 23, 2004/

CHAPTER THREE

RIGHTS AND OBLIGATIONS OF STATISTICAL INFORMERS AND USERS

Article 9.Rights and obligations of statistical informer

The statistical informer shall implement the following rights and obligations:

1/to propose statistical organization to make indicators and method of information and study sophisticated;

2/unless otherwise stated in law, to reject making statistical information available by indicators and method that were not approved by statistical organization engaged in official statistical activity or by unapproved indicator and method;

/This sub-paragraph was amended according to the law as of April 23, 2004/

3/to demand respective legal entity and citizen not to disclose own sensitive information;

/This sub-paragraph was amended according to the law as of December 17, 2021/

4/to get familiarized with the integrated result of information and study provided by statistical organization.

5/to keep track of primary records required for producing statistical information and study;

6/to make statistical information and study available truly and accurately in accordance with approved or authorized indicator and method within fixed time period;

7/to get involved in state census;

8/to obtain registration number in case the informer is business entity or organization;

9/to deliver official statistical information to the corresponding organization engaged in such activity at its own expense.

Article 10.Rights and obligations of statistical information user

The statistical information user shall implement the following rights and obligations:

1/to get information with indicator approved by organization engaged in official statistical activity in accordance with this Law and other legislation and in compliance with indicator and method stated in paragraph 1, Article 6 of this Law.

2/to always indicate the name of organization that provided the information in question when using and publishing official statistical information.

3/not to demand to release indicators other than those approved and authorized by official statistical organization.

CHAPTER FOUR

FRAMEWORK AND POWERS OF MONGOLIAN STATISTICAL ORGANIZATION

Article 11.Framework of statistical organization

1.The statistical organization is a state-owned organization, which provides the state, citizen, business entity and organization equally with statistical information regarding economy, population, society and environment of the country, region, aimag and capital city.

2.The framework of Mongolian statistical organization comprises National statistics office, statistical offices and departments next to the Governors of aimag, capital city and district, which engage and concentrate in official statistical activity in autonomous and independent manner at an extent of the state and local territory. In soums, the corresponding personnel in charge of such undertaking next to soum municipality shall deal with statistical activity while in bagh and khoroo, their respective Governor deal with such tasks.

/This paragraph was modified according to the law as of January 02, 2003/

/This paragraph was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

3.The personnel in charge of statistical issues of National statistics office, statistical office and department of aimag, capital city and district and of soum shall be an official of public administration.

/This paragraph was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

4.The state budget shall finance the operation of National statistics office, statistical office and department of aimag, capital city and district. The budget shall meet the requirement of implementing the statistical activity in independent manner. The cost arisen in connection with dealing with and conducting statistical activity in soum, bagh and khoroo shall be financed by local budget.

/This paragraph was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

5.National statistics office shall report its operation before the State Great Khural annually.

/This paragraph was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

6.The ministry, Government agency, other government organization and local municipal organization shall engage in statistical activity according to their functions. The ministry has a unit, which will engage and execute statistical activity of the industry within its structure.

/This Article was modified according to the law as of April 23, 2004/

/This paragraph was amended according to the law as of January 03, 2008/

Article 12.National statistics office and its powers

/The title of this Article was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

1.National statistics office provides official statistical activity of Mongolia with integrated management and coordination.

/This paragraph was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

2.National statistics office may have a unit, which will have functions to improve scientific grounds by optimizing statistical information methodology, to conduct analysis on statistical information, to determine development perspective and to provide paid service with information, to publish and disseminate statistical compilation, presentation and documents. National statistics office shall approve the structure and operational procedure of such unit in conjunction with the state central administrative body in charge of financial issues.

/This paragraph was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

3.National statistics office shall execute the following powers:

/This paragraph was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

1/to take measures in providing and sophisticating official statistical activity with professional integrated management;

2/to develop a program, which defines short-term targets regarding calculation of official statistical indicator and conducting census and study and have it approved by the State Great Khural;

/This sub-paragraph was added according to the law as of April 23, 2004/

3/to set the period of approving and announcing the official statistical information, study, census result, method and instruction;,

/This sub-paragraph was amended according to the law as of April 23, 2004/

4/not to overlap administrative statistical information with official statistical information, to supervise in order to ensure collectivity of methodology, to approve and authorize the indication, method and instruction administrative statistical information and to provide evaluation on information coverage, trueness and accurateness;

/This sub-paragraph was added according to the law as of April 23, 2004/

5/to provide organization engaged in official statistical activity and informer with directive and instruction with regard to conducting state-wide census, one-time registration, collected and complementary study by particular subject with issue concerning population, society and economy and to monitor its implementation;

/The numbering of this sub-paragraph was amended according to the law as of April 23, 2004/

6/to obtain official statistical information from respective ministry, other government offices within fixed period;

/The numbering of this sub-paragraph was amended according to the law as of April 23, 2004/

7/to provide statistical indication and methodology in compliance with international classification and standard benchmark and to ensure its enforcement;

/The numbering of this sub-paragraph was amended according to the law as of April 23, 2004/

8/to provide the Government with information and presentation within period negotiated with the Government by reflecting information needs and requisition of the Government and its organizations in detailed indication of official statistical information.

/The numbering of this sub-paragraph was amended according to the law as of April 23, 2004/

9/to prepare and submit the information required for the timely policy development, planning, management, coordination and inspection works of the Government and its organizations.

/The numbering of this sub-paragraph was amended according to the law as of April 23, 2004/

10/not be obliged to gather and develop indications other than those approved by statistical organization engaged in official statistical activity in compliance with paragraph 1, Article 6 of this Law and their indications;

/The numbering of this sub-paragraph was amended according to the law as of April 23, 2004/

11/to distribute statistical information results among users and to ensure transparency of statistical information;

/The numbering of this sub-paragraph was amended according to the law as of April 23, 2004/

12/to carry out calculation, modelling, analysis for short, mid and long-term by economic and social indication of the state;

/The numbering of this sub-paragraph was amended according to the law as of April 23, 2004/

13/to address the issue of improvement of industry-wide qualified personnel competency, technique and technology and software capability with integrated policy and planning;

/This sub-paragraph was modified according to the law as of April 23, 2004/

/The numbering of this sub-paragraph was amended according to the law as of April 23, 2004/

14/to obtain official statistical information from statistical informer within fixed period;

/The numbering of this sub-paragraph was amended according to the law as of April 23, 2004/

15/to provide government organizations with statistical information free of charge;

/The numbering of this sub-paragraph was amended according to the law as of April 23, 2004/

16/to inspect whether the official statistical information of legal entity is true and correct and to ensure the trueness and correctness of statistical information by means of taking measures to eliminate unfold error and violation;

/The numbering of this sub-paragraph was amended according to the law as of April 23, 2004/

17/to let participate qualified employees and experts in nation-wide census and all-out statistical research undertaking, which will be done by assignment provided by State Great Khural, the President and the Government, by negotiating with business entity and organization in which those aforementioned employees work;

/The numbering of this sub-paragraph was amended according to the law as of April 23, 2004/

18/if any decision made by member of the Cabinet, chairman of other government office, Governor of aimag, soum, capital city and district and management of business entity is not compliant with statistical legislation, to notify their immediate higher level organization of it so that measure is taken to invalidate it;

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

/The numbering of this sub-paragraph was amended according to the law as of April 23, 2004/

19/to provide chairman of statistical office and department of aimag, capital city and district, respective employee of soum an Governors of bagh and khoroo with directive and instruction when they carry out statistical activity and monitor their activities;

/This sub-paragraph and the numbering of this sub-paragraph were amended according to the law as of April 23, 2004/

20/to proactively take part in activities of foreign, international statistical and other specialized organizations in terms of statistics, to cooperate with them in line with Mongolian legislation and international treaties and to make statistical information with regard to economy and society of the given country available for them;

/The numbering of this sub-paragraph was amended according to the law as of April 23, 2004/

21/to make official explanation and correction in case any statistical information user has changed the result of official statistical information, thus resulting in incorrect and erroneous information in public;

/This sub-paragraph was added according to the law as of April 23, 2004/

22/to approve base price for alignment of official statistical indication;

/This sub-paragraph was added according to the law as of April 23, 2004/

23/to prepare statistical information of state social and economic standing in conjunction with corresponding organization and to inform it to the State Great Khural prior to not less than 1 month of announcement of election for the State Great Khural;

/This sub-paragraph was added according to the law as of January 03, 2008/

/This sub-paragraph was amended according to the law as of December 23, 2012/

24/to define integrated methodology of nation-wide registration and information in conjunction with corresponding organizations and ensure its enforcement;

/This sub-paragraph was added according to the law as of January 03, 2008/

25/to register and document the millionth citizen each time the population of state is increased by million and inform of it to the President of Mongolia.

/This sub-paragraph was added according to the law as of January 03, 2008/

4.The National statistical office may have a statistical development fund under its jurisdiction.

/This paragraph was added according to the law as of January 03, 2008/

/This paragraph was invalidated according to the law as of November 13, 2015/

Article 13.Management of National statistics office

/The title of this Article was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

1.The head of National statistics office shall be appointed for six years period upon carrying out hearing of candidates from State Great Khural as proposed by the Speaker of State Great Khural.

/This paragraph was amended according to the law as of January 03, 2008/

/This paragraph was modified according to the law as of November 13, 2015 and the law of July 21, 2016/

/This paragraph was amended according to the law as of December 24, 2021/

2.The head of National statistics office shall report its operation in front of the State Great Khural.

/This paragraph was amended according to the law as of January 03, 2008/

/This paragraph was modified according to the law as of November 13, 2015 and the law of July 21, 2016/

3.The National statistics office shall have a Deputy head. The deputy-chairman shall be appointed by the head of the National statistics office.

/This paragraph was amended according to the law as of January 03, 2008/

/This paragraph was modified according to the law as of January 23, 2015/

/This paragraph was invalidated according to the law as of November 13, 2015/

4.When appointing the head and Deputy head of the National statistics office, their economic, statistical and management knowledge, professional skills, professional ethics and work experience shall be taken into account.

/This paragraph was amended according to the law as of January 03, 2008/

/This paragraph was amended according to the law as of January 23, 2015/

/This paragraph was invalidated according to the law as of November 13, 2015/

5.The salary of the head of the National statistics office shall be determined by the State Great Khural.

/This paragraph was amended according to the law as of January 03, 2008/

/This paragraph was invalidated according to the law as of November 13, 2015/

6.The powers of the head of the National statistics office shall be terminated in the following cases:

1/term of office stated in law has been terminated;

2/become unable to carry out his/her official duties due to health condition and other reasonable excuses;

3/has self-requested to be relieved from position;

4/has unsatisfactorily completed his/her duties;

5/If the employee is definitively convicted of a criminal offence and the decision has become effective.

/This paragraph was invalidated according to the law as of November 13, 2015/

Article 131.Management of National statistics office

"131.1.National statistics office shall have Deputy head. The head of National statistics office shall appoint the Deputy head.

131.2.When the head of National statistics office appoints the Deputy head, shall take account of Deputy head's economic, statistical and management knowledge, qualified skills, professional ethics and work experience.

131.3.The State Great Khural shall set the salary of the head of National statistics office.

131.4.The powers of the head of National statistics office shall be terminated in the following cases:

1/term of office stated in law has been terminated;

2/become unable to carry out his/her official duties due to health condition and other reasonable excuses;

3/has intentionally requested to be relieved from position;

4/has unsatisfactorily completed his/her duties;

5/If the employee is definitively convicted of a criminal offence and the decision has become effective.

/This Article was added according to the law as of July 21, 2016/

Article 14.Board of National statistics office

/The title of this Article was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

1.At National statistics office, the Board shall operate, which having representatives of the State Great Khural, the Government, academic organization and users, and assisting to undertake official statistical activity and having consulting function in matters to ensure collectivity of methodology.

/This paragraph was modified according to the law as of April 23, 2004/

/This paragraph was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

2.The head of the Board shall be the head of National statistics office.

/This paragraph was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

3.The board comprises 7 members. 3 members of the Board proposed by the corresponding Standing committee of the State Great Khural whilst the other 3 proposed by the Government and the State Great Khural shall appoint them. The members of National statistics office shall be adjunct.

/This paragraph was modified according to the law as of April 23, 2004/

/This paragraph was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

4.The Board shall make recommendation on its decided issue.

5.The members of the Board can be allowed proper wage taking account the participation effort in the Board activity. Allowance of wage shall be regulated by the operational procedure of the Board.

Article 15.Powers of National statistics office head and guarantee to complete them

/The title of this Article was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

1.The head of National statistics office shall exercise the following powers:

/This paragraph was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

1/To make decree on issues such as approving or authorizing official statistical activity management, organization, information indication, methodology and instruction;

2/To appoint and relieve the chairman of statistical office and department in aimag, capital city and district upon consultation with Governor of the given level;

/This sub-paragraph was amended according to the law as of April 23, 2004 and the law of January 03, 2008/

3/To communicate directly with the Standing Committee of the State Great Khural, the Government, and other related organizations, and participate in the sessions of the State Great Khural, Standing Committee, and the Government in an advisory capacity;

/This sub-paragraph was amended according to the law as of April 23, 2004/

/This sub-paragraph was invalidated according to the law as of November 13, 2015/

4/To approve the operational procedure of the Board next to National statistics office;

/This sub-paragraph was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

5/To represent National statistics office;

/This paragraph was amended according to the law as of January 03, 2008, the law of November 13, 2015 and the law of July 21, 2016/

6/ /This sub-paragraph was invalidated according to the law as of January 02, 2003/

7/To take part in session of the State Great Khural and meetings of the Standing committee and Government with and advisory right by directly communicating with the Standing committee of the State Great Khural, the Government and other respective organizations;

/This sub-paragraph was added according to the law as of July 21, 2016/

8/Other powers specified by legislation.

/The numbering of this sub-paragraph was amended according to the law as of July 21, 2016/

2.The head of the National Statistics Office shall be provided with the following guarantees when exercising his/her powers:

/This paragraph was amended according to the law as of January 3, 2008/

1/to receive a salary commensurate with the rank of a high government official and to enjoy other necessary provisions;

2/to be provided with transportation and communication means;

3/other guarantees established by the law.

/This paragraph was invalidated according to the law as of November 13, 2015/

3.The head of National statistics office shall be supplied by the following guarantees when he/she implements own powers:

1/To receive proper salary suitable for high ranking state official and enjoy other necessary provision;

2/To be supplied with ride and communication device;

3/Other guarantees specified by law.

/This paragraph was added according to the law as of July 21, 2016/

Article 151.Powers of General Manager of National statistics office

/The title of this Article was amended according to the law as of January 03, 2008 and the law of November 13, 2015 and the law of July 21, 2016/

1.The general manager of National statistics office shall implement the following powers:

/This paragraph was amended according to the law as of January 03, 2008 and the law of November 13, 2015 and the law of July 21, 2016/

1/to define vacancy and salary fund of the organization, appoint, relieve, reward and impose disciplinary penalty on employees;

2/to spend approved budget according to its intended purpose;

3/other powers specified by law.

/This Article was added according to the law as of January 02, 2003/

Article 16.Statistical state inspector and his/ or her powers

1.Taking account of professional skills, work practice and experience, the head of National statistics office shall appoint and relieve statistical organization employee as statistical state inspector.

/This paragraph was amended according to the law as of January 03, 2008 and the law of November 13, 2015 and the law of July 21, 2016/

2.Respective employee of ministry engaged in official statistical activity and other government office may be granted with right of statistical state inspector upon decision of National statistics office.

/This paragraph was amended according to the law as of January 03, 2008 and the law of November 13, 2015 and the law of July 21, 2016/

3.The statistical state inspector shall implement the following powers.

1/to inspect and review the implementation of legislation about statistics;

2/to examine coverage, trueness, accurateness and promptness of statistical information;

3/unless otherwise provided by law, to stop the process of extorting, duplicating, and providing statistical information and research from enterprises, organizations, and citizens that have not been approved or approved by the statistical organization engaged in official statistical activities;

4/to provide advice regarding production of documents required for official statistical information and study, keeping track of primary record and proper informing by ensuring true and accurate information and study;

5/to extract and obtain documents, explanation and inquiry indispensably required for inspection and examination from corresponding official;

6/to inform inspection result and demand corresponding official to eliminate the unfold error and violation;

7/to impose liabilities stated in Law on Violations for the individual and legal entity that has violated legislation on statistics;

/This sub-paragraph was amended according to the law as of December 04, 2015/

8/to extract explanation from corresponding entity and verify against primary records if the information and report provided by business entity and organization of all property types is incomplete and erroneous.

/This sub-paragraph was added according to the law as of April 23, 2004/

4.Respective official, business entity, organization and citizen shall be always obliged to fulfil the obligation and demand given by statistical state inspector within scope of his/her rights and norms stated in legislation.

5.The statistical state inspector shall apply authentication, symbol with official and identity number, moreover demand sheet and act granted by an authorized official who appointed him/her.

/This sub-paragraph was added according to the law as of April 23, 2004/

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

6.The state statistical inspector shall be supplied with the following guarantees apart from specified in Law on public service:

1/In case a state statistical inspector has travelled in public transportation /except for taxi/ within city and urban areas when fulfilling his/her powers with regard to ensuring the true, accurate and realistic nature of statistical information, the personally spent cost shall be compensated by the given organization according to set procedure;

2/In case a state statistical inspector has lost his/her employability temporarily while he/she was implementing his/her powers, temporary employability relief and salary difference of position shall be received for the period of temporarily lost employability, and if he/she has lost his/her employability completely, employability lost pension and salary difference of position shall be received for the period of duration on receipt of employability lost pension, respectively.

/In this sub-paragraph, the word "disabled" was changed to "lost the employability" and the word "disability pension" was changed to "employability lost pension" according to the law as of July 7, 2023, and it shall enter into force on January 1, 2024/

/The above paragraph 6 was added according to the law as of April 23, 2004/

CHAPTER FIVE

POWERS OF STATE EXECUTIVE ORGANIZATION WITH REGARD TO STATISTICAL ACTIVITY

Article 17.Powers of Government over official statistical activity

The Government shall exercise the following powers regarding official statistical activity:

1/to provide organizations engaged in official statistical activity with condition and possibility to implement their powers regarding statistics by taking organizational measure to conduct census stated in paragraph 1, Article 7 of this Law;

2/to extract the results of statistical information free of charge by reflecting information needs of the Government and its organizations in detailed indication of official statistical information;

3/to take measures for training and advanced training of professional statistical personnel;

4/to implement international and foreign projects for increasing capacity to develop official statistical information and for maximizing personnel competency.

Article 18.Common powers of Ministry, Mongol Bank, other government offices and Governors of all level regarding statistical information

/The title of this Article was amended according to the law as of April 23, 2004/

Ministry, other government offices and Governors of all level shall implement the following common powers over statistical information:

1/to carry out constant inspection on accurateness of official statistical information and ensure its validity;

2/to extract statistical information on the site if it has not been made available in due time and have the cost caused compensated by guilty party;

3/to publish the results of information and study in public via press and media;

4/to extract statistical information from informer in form approved and authorized by National statistics office.

/This sub-paragraph was added according to the law as of April 23, 2004/

/This paragraph was amended according to the law as of January 03, 2008 and the law of November 13, 2015 and the law of July 21, 2016/

Article 19.Powers of Ministry and other government offices regarding statistical information

Apart from common powers stated in Article 18 of this Law, Ministry and other government offices shall implement the following powers:

1/to make official statistical information available to National statistics office within due time;

/This paragraph was amended according to the law as of April 23, 2004 and the law of January 03, 2008 and the law of November 13, 2015 and the law of July 21, 2016/

2/to obtain and use respective statistical information from National statistics office;

/This paragraph was amended according to the law as of January 03, 2008 and the law of November 13, 2015 and the law of July 21, 2016/

3/to obtain statistical information for the purpose of using it for sectorial management activity and create database;

/This paragraph was amended according to the law as of April 23, 2004/

4/to approve indication, method and instruction of administrative statistical information as approved by National statistics office in order not to create duplication of given information nation-wide;

/This sub-paragraph was amended according to the law as of April 23, 2004 and the law of January 03, 2008 and the law of November 13, 2015 and the law of July 21, 2016/

5/to produce state registration information of immovable property by total sum.

6/the registering organization of legal entity shall inform necessary information and changes made into the list of state registration of legal entity to National statistics office at each occasion.

/This sub-paragraph was added according to the law as of April 23, 2004/

/This sub-paragraph was amended according to the law as of January 03, 2008 and the law of November 13, 2015 and the law of July 21, 2016/

Article 20.Powers of Governors of aimag, soum, capital city and district regarding statistical information

/The title of this Article was amended according to the law as of April 22, 2022/

Аpart from common powers stated in Article 18 of this Law, Governors of aimag, soum, capital city and district shall implement the following rights:

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

1/to extract and integrate statistical information from statistical informers within their territory in due time, conduct research and make opinion and to give official statistical information to proper high level organization in due time.

2/to organize and conduct statistical census and collected study according to directive and instruction provided by National statistics office;

/This sub-paragraph was amended according to the law as of January 03, 2008 and the law of November 13, 2015 and the law of July 21, 2016/

3/to get administrative statistical information without duplication with other information as approved by statistical organization in order to use it for management activity of their own municipality and territorial units and to create database.

Article 21.Powers of Governors of bagh and khoroo over statistical information

Аpart from common powers stated in Article 18 of this Law, Governors of bagh and khoroo shall implement the following rights:

1/to keep track of population and household record;

2/to conduct living standard study of population;

3/to carry out census and registration over livestock and domesticated animals:

4/to carry out census and registration over land and tenure;

5/to obtain and release information about production and service;

6/to organize and carry out census and collected study, which will be carried out according to proper directive;

7/to submit official statistical information to proper high level Governor in due time.

CHAPTER SIX

MISCELLANEOUS

Article 22.Prohibition on illegal use of statistical information and disclosure of information confidentiality and individual sensitive information

/The title of this Article was amended according to the law as of December 17, 2021/

1.It shall be prohibited for respective stakeholders such as statistical informer and user to illegally use statistical information for purpose of gaining profit.

2.It shall be prohibited for users to arbitrarily modify the result of statistical information and study.

3.Employee of an organization engaged in official statistical activity shall be prohibited to disclose publicly the statistical information, study results, state and official secret, organizational secret and information pertaining to individual sensitive information, which have not come to the level of official announcement.

/This paragraph was amended according to the law as of December 17, 2021/

4.It shall be prohibited for users to sell and transfer the official statistical information to others without approval of statistical organization.

5.It shall be prohibited to delete, remove, transfer to others and sell the census and collected study and detailed material of information processing that are stored in computing machine and memory facility of statistical organization prior to due date.

6.Statistical central and local organization shall keep organizational secret and individual sensitive information and use such information to create integrated result and to calculate statistical indication at level of the state, region, aimag, capital city, district and sector.

/This paragraph was added according to the law as of April 23, 2004/

/This paragraph was amended according to the law as of December 17, 2021/

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

7.After processing the primary information of individual and legal entity covered by census and study, it can be used by users. The head of National statistics office shall approve the procedure regarding processing of primary information and use by users in compliance with legislation on confidentiality and protection of individual information.

/This paragraph was added according to the law as of April 23, 2004/

/This paragraph was amended according to the law as of January 03, 2008 and the law of November 13, 2015 and the law of July 21, 2016/

/This paragraph was amended according to the law as of December 17, 2021/

Article 23.Liability for the violators of the law

1.In case actions by a public servant violating this Law have not a criminal nature, he/ or she shall be subject to liabilities specified in the Law on public service.

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

/This Article was modified according to the law as of December 04, 2015/

 

 

CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA GONCHIGDORJ.R