Unofficial translation

LAW OF MONGOLIA

October 31, 1997                 Ulaanbaatar

ON GEODESY AND CARTOGRAPHY

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the law

1.1.The purpose of this law shall be to regulate activities of geodesy and cartography, supervision and other relations concerning them.

Article 2.Legislation on geodesy and cartography

2.1.The legislation on geodesy, cartography is comprised of this Law and other legislative acts enacted in conformity with them.

2.2.In case an international treaty to which Mongolia is a party provides otherwise than this Law, then the provisions of the international treaty shall prevail.

Article 3.Terms of the law

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

3.1.1."Geodesy" shall mean complex of activities consists of measuring, determining and making mathematical processing of particular point's location, elevation, and gravitational acceleration with the help of star, sun, satellite and cartographic equipment for the purpose to determine the shape and dimension of earth, its surface movement, and put down land surface parts into picture;

3.1.2."Cartography" shall mean activity of creating and publishing special purpose digital and analogue maps and atlases having proper scale and projection which showing the further tendency of evolution and socio-economic development indicators of the followings by analyzing and concluding the shape of earth surface, nature and its regularity, social phenomenon, and interrelation of matters and its causes;

3.1.3."Map" shall mean a representation of the planar surface tangible objects on a paper, expressed by a certain projection, at a set scale and by conventional symbols;

3.1.4."Mapping" shall mean a complex activity, which describes particular parts of the mother earth by topographic picture at different scales and other pictures;

3.1.5."Geographical name" shall mean names defined in order to distinguish natural and fabricated objects on the surface of earth;

3.1.6."Permanent geodetic marks and points" shall mean central and outer marks, secured by fixed objects such as construction, cavity and earth surface, whose values are defined by three or more dimensions such as location, elevation, gravitational acceleration which are the basics of geodetic and cartographic activity;

3.1.7."Geodetic network" shall mean system of permanent geodetic marks and points;

3.1.8."Geodetic and cartographic equipment" shall mean the equipment, which determines angle, elevation, distance, gravitational acceleration and point location by three or more dimensions of expanse;

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

/This subparagraph was modified by the law as of December 23, 1999/

CHAPTER TWO

GEODETIC AND CARTOGRAPHIC ACTIVITIES, IMPLEMENTING ORGANIZATIONS THEREOF AND THEIR POWERS AND FUNCTIONS

Article 4.Geodetic and cartographic activities

4.1.Geodetic and cartographic activities shall include the following:

4.1.1.To set up geodetic network, carry out astronomical determination and gravimetric measurement, update and publish various scaled topographic drawings of river or lake bottom;

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

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

4.1.4.To make and renew drawing of subsurface and surface utilities, general plan and landscape background drawing of city, village and other settlements;

4.1.5.To make geographical place designation list (catalogue) for registry, develop and publish dictionary and guidebook;

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

4.1.7.To set up state integrated geodetic and cartographic database;

4.1.8.To determine a state frontier line location by means of geodetic method and review it;

4.1.9.To make cadaster drawing of land, urban development, engineering linear construction, geology, mining and all other types, to perform engineering prospect, construction design planning and geodetic measurement while in operation and connect drill boreholes;

/This paragraph was modified by the law as of December 23, 1999/

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

/This paragraph was amended by the law as of February 2, 2017/

Article 5.Powers of State Organization with regard to guidelines and duties of geodetic and cartographic activity

5.1.The State Great Khural shall exercise the following powers in respect of geodesy and cartography:

5.1.1.To determine a State policy on geodetic and cartographic activities;

5.1.2.To approve coordinates and elevation of border mark along the state frontier line determined by means of a topographic drawing and geodetic method;

5.1.3.To approve geographical place designation;

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

/This subparagraph was amended by the law as of April 22, 2022/

5.1.5.To establish confidential category of geodetic and cartographic digital information and topographic drawing and disclose the confidentiality.

5.2.The Government shall exercise following powers in respect of geodesy and cartography:

5.2.1.To approve coordinates, elevation, projection, scale, and plane representation system of area where the geodetic and cartographic activities are to be performed;

5.2.2./This subparagraph was invalidated by the law as of November 30, 2001/

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

5.3./This paragraph was invalidated by the law as of June 12, 2003/

5.4.The central state administrative body in charge of geodetic and cartographical matters shall exercise the following powers:

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

5.4.2.To monitor over the activity of State administrative body in charge of geodesy and cartographical matters;

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

5.4.4.To approve geodetic and cartographic instructions and rules, develop standards and have them be followed;

5.4.5.To take measure to implement the obligations of Mongolia assumed under international treaty with regard to geodetic and cartographical matters;

5.4.6.To grant license to citizens, organizations and economic entities to conduct geodetic and cartographical production and service.

/This abovementioned paragraph 5.4 was added by the law as of January 27, 2005/

5.4.7./This subparagraph was invalidated by the law as of September 1, 2000/

5.5.As the State Administrative body in charge of geodesy and cartographical matters shall be under the state special protection in accordance with appropriate legislations due to it produces and stores materials included in confidential category and shall have following powers:

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

/The numbering of this paragraph was amended by the law as of January 27, 2005/

5.5.1.To develop and implement the coordinates, elevation, projection, scale, plane representation system, which are the basics of geodetic and cartographical activities;

/This paragraph was amended by the law as of January 27, 2005/

5.5.2.To form State integrated database of geodetic and cartographical information;

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

/This subparagraph was invalidated by the law as of January 27, 2005/

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

 /This subparagraph was amended by the law as of November 30, 2001/

/This subparagraph was invalidated by the law as of January 27, 2005/

5.5.5.To inspect and validate geodetic and cartographical equipment;

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

/This subparagraph was invalidated the law as of January 27, 2005/

5.5.7./This subparagraph was invalidated by the law as of September 1, 2000/

5.5.8.To inspect the storage, protection, use and integrity of drawings included in confidential category together with state competent authority;

5.5.9.To issue, sale, transfer, provide with information on topographic and background maps of various scales.

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

/The numbering of this paragraph was amended by the law as of January 27, 2005/

/This paragraph was amended by the law as of September 1, 2016/

5.7.Other State central administrative body shall have following powers with regard to geodesy and cartography:

/The numbering of this paragraph was amended by the law as of January 27, 2005/

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

5.7.2.To submit the next year's order of geodetic and cartographic work to be performed on assignment or by request of state and within the framework of its affiliates before 1st of July of the particular year to the state central administrative body in charge of geodesy and cartographical matters;

/This subparagraph was amended by the law as of June 12, 2003 and January 27, 2005/

5.7.3.To conduct geodetic and cartographic work to be performed at its own project assets for implementation by tender selection in cooperation with State Central Administrative Body in charge of geodesy and cartography.

/This subparagraph was amended by the law as of June 12, 2003 and January 27, 2005/

5.8.Governor of Aimag, Capital city, Soum, and District shall exercise the following powers with regard to geodesy and cartography:

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

/The numbering of this paragraph was amended by the law as of January 27, 2005/

5.8.1.To administer the implementation of State policy and legislations on geodetic and cartographic activities in the territory;

5.8.2.To monitor the geographic place designation, frontier, information on newly established and altered objects, to be reflected on topographic drawing and cartographical work that belong to its territory and storage and protection of geodetic permanent points, marks and to make annual counting and inform the results to state administrative body in charge of geodesy and cartographical matters within 1 February of next year;

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

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

5.8.4.To monitor the use of geographic place designations and to propose about new designations belonging to their territory.

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

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

6.1.1.To be obtained right and special license to carry out geodetic and cartographic production and service;

/This subparagraph was amended by the law as of November 30, 2001/

6.1.2.To have the measurement equipment verified and validated;

6.1.3.To make measurement in accordance with state integrated system of coordination and elevation.

6.2.Economic entities and citizens applying for license to carry out geodetic and cartographic production and services shall collect the following documents apart from those mentioned in the article 5.1.3 of the Law on Permission:

/This paragraph was amended being "in the article 5.1.3 of the Law on Permission" according to the law as of June 17, 2022 as replacing from "in the article 11 of Law on License of Business Activities" and it shall be in effect from January 1, 2023/

6.2.1.List of model number, ID number and certificate of measurement and processing equipment be used for its activity;

6.2.2.Description about its qualified personnel and their practice and experience;

6.2.3.List of instructions, standards and technical documents.

/This paragraph was added by the law as of November 30, 2001/

Article 7.Financing

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

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

7.2.The State central administrative body in charge of geodesy and cartography issues shall be the customer of geodetic and cartographic work with state importance and shall take measure to develop State requests and assignments annually and to reflect it on State budget.

/This paragraph was amended by the law as of June 12, 2003 and January 27, 2005/

7.3.The relevant State central administrative body shall be the customer of geodetic and cartographic works among branches and with local importance.

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

Article 8.State inspection on geodesy and cartography

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

8.2. The State inspector of geodesy and cartography inspection shall be carried out by the Central State Administrative Organization in charge of geodesy and cartography, and by the authorized organization for inspection.

/This paragraph was modified by the law as of November 11, 2022 and it shall be in effect from January 1, 2023/

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

8.3.The Government shall approve procedures for state inspection on geodesy and cartography.

CHAPTER THREE

MISCELLANEOUS

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

9.1.The State Integrated database of Geodetic and Cartographic information (hereinafter referred to as the ''integrated database'') comprises the information on geodetic network, topographic map, aerial and spatial map, geographic place designation and cadaster as well as other relevant digital information. The integrated database shall be the property of the State.

9.2.The organizations, economic entities and citizens shall transfer the performance report, original copy, list of coordinates (catalogue), plan, records and other digital information of their work completed by project assets of state organization implemented by the state and local budget to the integrated database at no charge.

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

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

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

9.4.State Integrated Database shall comprise the following:

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

9.4.1.Maps, drafts, film, report, coordinate list and other digital information in possession of the state administrative body in charge of geodesy and cartographical matters.

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

9.4.2.Materials received from the organization, economic entity and citizens pursuant to the article 9.2 of the present law.

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

9.4.4.Introduction of equipment, illustration and digital information submitted by citizen, economic entity and organization to the integrated database for the purpose of advertising their operation and creation.

9.5./This paragraph was invalidated by the law as of June 12, 2003/

Article10.Permanent geodetic points and marks

10.1.Permanent geodetic points and marks shall be the property of the State.

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

/This paragraph was amended by the law as of June 19, 2003/

10.3.In order to construct building or conduct earthwork on area where the permanent geodetic point and mark locates, organization, economic entity and citizens must obtain approval from state administrative organization in charge of geodesy, cartographical matters through Governor of soum and district or general border protection authority. In case the point and mark is necessary to be moved or transported to another place, the applicant organizations, citizens or economic entities shall be responsible for the reconstruction charge.

/This paragraph was amended by the laws as of June 12 and 19, 2003, respectively/

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

10.4.1.The owner, possessor and user of the lands and constructions where the points and marks are located, shall protect them and provide the condition to conduct geodetic activities without any disturbance;

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

10.4.3.The general border protection authority and the respective border detachment shall monitor the condition of the permanent geodetic points and marks at the border strip;

/This subparagraph was modified by the law as of June 19, 2003/

10.4.4.In case the permanent geodetic point and mark is damaged, destroyed or out of measurement condition, the Governor and the general border protection authority shall inform state administrative body in charge of geodesy and cartographical matters and organize reconstruction work.

/This paragraph was amended by the laws of June 12 and 19, 2003, respectively/

Article 11.Geographic place designation

11.1.The Governors of soum, district and the state administrative body in charge of geodesy, cartographical matters shall jointly regulate the issues of protecting, using and writing geographical designations correctly and providing citizens, economic entities and organizations with information on official geographic place designations.

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

11.2.The state administrative body in charge of geodesy and cartographical matters shall implement the functions such as producing geographical designation list, developing and publishing dictionary or guidebook, correcting designations, keeping records on new designations and alteration of designations and indicate designations in map, taking account the proposals of scientific and other relevant organizations.

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

11.3.The following object designations shall be referred to as the geographic place designation:

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

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

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

11.4.When identifying former geographic place designation and establishing newly, designation based on references and historical sources is to be used and if no source is available, establish the designation based on recommendations of the natives, experts and researchers.

11.5.The following principles shall be observed to designate the newly constructed objects;

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

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

11.5.3.Different objects, which are located nearly, may be specified by same name.

11.6.Geographic place designations may be altered in case of the following special cases:

11.6.1.Name of the several equal objects specified by same name is likely to cause difficulty for transportation, communication and other organization activity;

11.6.2.If the native locals have requested to restore the traditional designations accustomed to them:

11.6.3.If the object was specified by a slang name that does not conform the nature of it.

11.7.Geographical designations to be altered or renamed shall satisfy the following requirements:

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

11.7.2.To consist of not more than 3 words and to the relevant notation and pronunciation of Mongolian language.

11.8.Government shall collect the geographical designations belonging to an administrative and territorial unit of land and have it confirmed by State Great Khural.

Article12.Prohibited activities

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

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

/This subparagraph was modified by the law as of November 30, 2001/

/This subparagraph was amended by the law as of June 12, 2003 and was added by the law as of January 27, 2005/

/This subparagraph was invalidated by the law as of January 20, 2011/

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

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

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

Article 13.Compensation for damage

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

13.2.Contractor organizations, business entities and citizens shall be responsible for the compensation of direct loss caused due to dissatisfied standard requirement of performed work.

Article 14.Liability for violators of law

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

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

/This Article was modified the law as of December 4, 2015/

Article 15.Effective date of the law

This law shall be entry into force from November 15, 1997.

DEPUTY CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA ELBEGDORJ.TS