(2022-11-23-ны өдрийн орчуулга)                                                   Unofficial translation

LAW OF MONGOLIA

January 3, 2003                                                                                      Ulaanbaatar city

ON STATE INSPECTION

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the Law

1.1.The purpose of this Law is to define the legal basis of the state inspection system and of state administrative inspection, and to regulate relations concerning the implementation of state inspection.

Article 2.Legislation on State Inspection

2.1.The legislation on state inspection of Mongolia shall consist of this Law and other legislative acts.

Article 3.State Inspection System and Scope

3.1.The state inspection shall consist of the inspections by the State Great Khural, the President, the State Audit Institution and a competent organization stated in laws, inspections by the Constitutional Court, the court, and the prosecutor, and inspections to be carried out by local self-governing bodies under this Law.

/The term "inspection of state administrative body" stated in this paragraph was changed to "a competent organization stated in laws" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

3.2.The relations related to the inspections by the State Great Khural and the President, inspections by the Constitutional Court, the court, and prosecutor, and State auditing activities shall be regulated by their respective laws.

3.3.Unless otherwise stated in laws, relations connected to inspection shall be regulated by this law.

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

/This paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

Article 31.Definitions of the terms of the Law

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

31.1.1."Inspection" shall mean a complex of inspection measures that concludes whether activities /action or non-action/ conducted by citizens and legal entities, as well as the goods and products being produced or sold, and the works and services rendered meet the requirements specified in the corresponding legislation;

31.1.2."Inspection method and form" shall mean activities conducted by an officer of the competent authority to conduct an inspection and activities of a expert and research institution that have been drawn into the inspection process in accordance with the procedures specified in the legislation which consist of reviewing of documents that are relevant to the given inspection, inspecting the territory, premises, buildings and facilities, rooms and offices, and other establishments (locations) where the inspected entity conducts its activities, equipment and appliances, transportation vehicles, and products and shipments, as well as taking samples from the surrounding area where the production, services and trading take place and conducting experiments, and doing analyses in order to determine the relationship between the damages occurred and violations committed;

31.1.3."Inspection record" shall mean the record of all inspections conducted into the unified database, in accordance with corresponding procedures.

/This Article 31 was added by the law as of June 10, 2010/

Article 4.Principles of State Inspection

4.1.The state inspection (hereinafter referred to as "inspection") shall be based on the following principles.

4.1.1.human life, health and social and environment safety shall take overweighs any other interests and goals;

4.1.2.the inspection shall be conducted based on the grounds stated in the law and it shall be impartial and fair, as well as the activities of the competent authority to implement inspection shall be open and transparent;

4.1.3.costs related to the inspection shall be funded from the state budget, and it is not to require the inspected entity to cover the cost of any payments in relation to the activities of inspection, unless otherwise specified in the law;

4.1.4.to ensure equal treatment to the inspected entity and to respect his/her legal rights and interests, and dignity;

4.1.5.the inspection work plan shall be prepared based on the risk classification of the object;

4.1.6.the inspection shall be conducted only against laws and the legal acts registered as the public to be followed and only the inspection organization and officials who are legally authorized to conduct the inspection shall implement the action;

4.1.7.the inspection cannot be overlapped, and results and conclusions drawn by a state authorized organization shall be mutually acceptable by the organization authorized to implement inspection.

/This Article 4 was modified by the law as of June 10, 2010/

Article 5.General grounds and procedures to conduct inspection

5.1.The state central administrative body or state administrative body, and local authorities authorized to carry out inspections (hereinafter referred to as 'the inspection body") shall conduct inspections according to grounds and procedures specified in the law, and the inspections shall be classified as planned, unplanned, preventive and performative

/This paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

5.2.The planned, unplanned and preventive inspections shall be conducted in accordance with a guideline approved by the competent official, in which the following information has to be included.

/The word "preventive" was added to this paragraph after the word "unplanned" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

5.2.1.date (year, month, day) and unified number of the guidelines;

5.2.2.purpose and grounds of the inspection;

5.2.3.types, methods and forms of the inspection;

5.2.4.scope of the inspection, names of the business entities, organization and citizens and establishments to be included in the inspection;

5.2.5.composition of the inspection team and the head of the working group;

5.2.6.beginning and ending dates of the inspection; and,

5.2.7.information on the inspection conducted prior to this inspection.

5.3.In the case where a situation emerges causing or about to cause threats to human life, health and the surrounding environment and large amount of damage in direct and indirect ways, immediate measures shall be taken upon the decision of competent officials of the inspection body and/or the state administrative body in charge of emergency management without guidelines specified in paragraph 5.2 of this Law.

/The term "specialized inspection" in this paragraph was changed to "inspection body" according to the law November 11, 2022, and it shall be enforced from January 1, 2023/  

5.4.The inspection cannot be conducted in a way to prove a conclusion that has been drawn in advance on the issue of concern.

5.5.The composition of the inspection may include government and non-government professional organizations, experts, research institutions and citizens.

5.6.Before the inspection starts, the competent officials shall introduce purpose of the inspection and the composition of the inspection and give a copy of the inspection guidelines and the inspection sheet. The state inspector shall show his/her identification.

5.7.The inspection shall be conducted within the frame of the matters included in the guidelines and the inspection sheet.

5.8.If required, the state inspector may document the inspection process and violations revealed (photo pictures and video recording); and the inspected person and its legal representative or competent official may also document the inspection process, inspector's action, and violations revealed.

5.9.During the inspection process, the state inspector shall make the inspection note in two copies, out of which, one has to be provided to the inspected person. The following information shall be included in the inspection note:

5.9.1.inspection process and the condition identified by the inspection;

5.9.2.state inspector's proposal and conclusion;

5.9.3.recommendation and request of the inspected person.

5.10.The inspected person shall get acquainted with the inspection note and certify it with his/her signature. If the inspected body refuses to sign the note, then it has to be reflected in the note.

5.11.The state inspector shall inform about the inspection note and the results to the state inspector at higher level within 5 working days from the date when the completion of the inspection.

5.12.In case where the state inspector temporarily stopped the activities or condemned the property of the inspected body in order to stop the violations that have been revealed as a result of the inspection, the state inspector at higher level shall review the decision of the state inspector within 5 working days and issue a decision on whether to change or not, and officially inform the inspected body in writing. The provision in this paragraph cannot be applied to environmental inspection.

5.13.In the case where the inspected immediately remedied/corrected the violations revealed during the inspection while fully met the requirements, a fine or penalty placed on the violation can be reduced or annulled based on the request of the inspected body and the results of the next inspection. This decision can only be made by the state inspector at higher level.

5.14.Information of each inspection shall be entered into the unified database on inspection records.

5.15.It shall be prohibited to use the information obtained during the inspection process with other purposes to the inspection bodies, officials and other person participated in the inspection process.

5.16.A report of the inspection results and other documents shall be developed in accordance with the respective procedures and signed by the inspectors.

5.17.Unless otherwise stated in the law, the inspection organization shall make the inspection report available to public within 10 working days from the date when inspection results are finalized.

5.18.If the state inspector violated corresponding procedures specified in the legislation or state inspectors' ethical norms during the inspection process, the inspected body may file a complaint to the competent authority and/or officials.

/The term "to the competent official of the inspection organization and the Ethics Committee next to the state central specialized inspection body" in this paragraph was changed to "the competent authority and/or officials" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

/This Article 5 was modified by the law as of June 10, 2010/

5.19.The Government shall approve common procedures and methods related to the development and approval of inspections, inspection plans, risk indicators, checklists, and risk classification.

/This paragraph was added according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

Article 51.Planned inspection

51.1.The state central administrative body authorized to carry out inspection shall submit the inspection plan for the next year to the Cabinet Secretariat of Government, taking into account the risk assessment.

/This paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

51.2.The Government shall approve the plan specified in paragraph 51.1 of this law by December 1 of the previous year.

/This paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

51.3.The inspection body shall inform the inspected person about the inspection at least 5 days prior to the inspection via post, phone, or in person. The inspection notice shall include name of the organization that will conduct the inspection, and beginning and end dates of the inspection.

/The numbering of this paragraph "51.2" was changed to "51.3" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

51.4.Unless otherwise specified in the law, the planned inspection on the given establishment cannot go on for more than 15 working days, which cannot be applied to financial inspection and will not include a time required for writing the inspection report.

/The numbering of this paragraph "51.3" was changed to "51.4" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

51.5.When conducting a planned inspection, a competent official of the given legal entities has to appear, and non-presence of the competent official cannot be a reason of postponing the inspection.

/This Article 51 added by the law as of June 10, 2010/

/The numbering of this paragraph "51.4" was changed to "51.5" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

Article 52.Unplanned inspection

52.1.Unplanned inspection can be conducted based on application, request, complaint and information received from citizens, legal entities and organization and the decisions made by the competent authority, as well as in the case where damages occurred to human life, health and surrounding environment in direct and indirect ways such as accident, communicable/infectious disease and poisoning and other cases specified in legislation.

52.2.The citizen, legal entities and organizations specified in 52.1 of this Law shall submit their application, requests and information to the inspection organization along with the proof of documents, and the inspection body shall start the inspection process within 5 working days, if it considers the application, request and information are reasonable.

52.3.Unplanned inspection shall be conducted only within the issues reflected in the grounds and guidelines.

52.4.Unless otherwise stated in the law, the total unplanned inspection time on the given establishment cannot exceed more than 10 working days, which will not include a time required for writing the inspection report.

52.5.It is prohibited to conduct an unplanned inspection on ground other than those specified in paragraph 52.1 of this Law.

/This Article 52 was added by the law as of June 10, 2010/

Article 53.Preventive inspection

/This Article was added according to the law as of November 11, 2023, and it shall be enforced from January 1, 2023/

53.1.Preventive inspections shall be carried out in order to prevent, detect and stop illegal activities and risks to human life, health, public and environmental safety.

/This paragraph was added according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

53.2.Preventive inspections can be carried out jointly by the inspection bodies in charge of that matter.

/This paragraph was added according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

Article 54.Performance/performative inspection

/The numbering of this Article "53" was changed to "54" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

54.1.The performance inspection shall be carried out with purpose of monitoring the implementation of the official demand given by the inspection organization to remedy the violations revealed by the preceding inspection.

/The numbering of this paragraph "53" was changed to "54" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

54.2.The performance inspection shall be carried out only within the frame of the violations revealed by the preceding inspection and the official demand to treat cause and consequences of the violation.

/The numbering of this paragraph "53" was changed to "54" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

54.3.The inspected person shall be informed about the performance inspection at least 2 working days prior to the inspection.

/This Article 53 was added by the law as of June 10, 2010/

/The numbering of this paragraph "53" was changed to "54" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

Article 55.Risk classification inspection objects

/The numbering of this Article "54" was changed to "55" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

55.1.Depending on damages and consequences that may be caused to human life, health and the surrounding environment, the risk status of objects shall be classified as low, medium and high.

/The numbering of this paragraph "54" was changed to "55" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

55.2.The Government shall establish requirements and indicators to be used in classifying risks specified in 55.1 of this Law based on the proposal of the Cabinet member in charge of that matter.

/The numbering of this paragraph "54" was changed to "55" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

/"54.1" was changed to "55.1" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

/The term "based on the proposal of the Cabinet member in charge of that matter" was added after the words "requirements and indicators to be used in classifying risks specified in 55.1 of this Law" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

55.3.Based on the requirements and indicators specified in paragraph 55.2 of this Law, a list of objects included in the risk categories and frequency of inspections to be conducted shall be approved by the Cabinet Member in charge of that matter.

/This Article 54 was added by the law as of June 10, 2010/

/The numbering of this paragraph "54" was changed to "55", according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

/"54.2" was changed to "55.2", the term "the Cabinet Member in charge of specialized inspection matters" was changed to "the Cabinet Member in charge of that matter" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

Article 56.Taking samples for examination

/The numbering of this Article "55" was changed to "56" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

56.1.If samples need to be taken from the product /hereinafter referred to as "the sample"/, the state inspector shall issue a special act which shall include the following information:

/The numbering of this paragraph "55" was changed to "56" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

56.1.1.the date and the place of writing act on sampling;

/The numbering of this sub-paragraph "55" was changed to "56" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

56.1.2.name and address of the inspected person;

/The numbering of this sub-paragraph "55" was changed to "56" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

56.1.3.name of the representative of the inspected person and his/her work title, who was present at the time of issuing the sampling;

/The numbering of this sub-paragraph "55" was changed to "56" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

56.1.4.surname name and given name of the state inspector who has taken the samples;

/The numbering of this sub-paragraph "55" was changed to "56" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

56.1.5.grounds and necessity of taking a sample;

/The numbering of this sub-paragraph "55" was changed to "56" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

56.1.6.name of the country from which the product is imported from and name of the manufacturer;

/The numbering of this sub-paragraph "55" was changed to "56" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

56.1.7.date when the samples were taken, name of the product and its type, packaging, and the serial number, date produced and best-before date, total imported and samples taken quantity, and price for the sample.

/The numbering of this sub-paragraph "55" was changed to "56" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

56.2.The act specified in paragraph 56.1 of this Law shall be produced in three copies, and the inspected and the accredited laboratory shall receive one copy each, and the rest shall be attached to the inspection document.

/The numbering of this paragraph "55" was changed to "56" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

/"55.1" was changed to "56.1" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

56.3.State inspector shall take samples in accordance with relevant procedures and shall ensure their wholeness and hygienic, quality, storage and temperature conditions. A procedure on taking samples and storing and transporting the samples shall be approved by the Cabinet member in charge of standard metrology matters.

/The numbering of this paragraph "55" was changed to "56" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

/The term "specialized inspection" in this paragraph was changed to "standard metrology" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

56.4.The inspected person reserves a right to present during the process of taking samples and file a request and complaint.

/The numbering of this paragraph "55" was changed to "56" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

56.5.If the product samples taken shall affect the normal industrial activities of the inspected person, then the samples will be returned after the examining.

/The numbering of this paragraph "55" was changed to "56" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

56.6.The inspection body shall pay a price for the samples; and a methodology to set a price of the given product shall be approved by the Cabinet Member in charge of financial matters. In order to determine a price of the product, one has to take into account of a wholesale /market/ price of the product in past six months.

/This paragraph 55.6 shall enter into force on January 01, 2011/

/The numbering of this paragraph "55" was changed to "56" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

56.7.If the examination reveals that the samples are not meeting the requirements specified in the legislation and the standards, the examination have been done again, or there is an outburst of food-borne diseases, the inspected person shall pay the cost of the examining.

/The numbering of this paragraph "55" was changed to "56" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

56.8.This article cannot be applied to border inspection.

/This Article 55 was added by the law as of June 10, 2010/

/This paragraph was invalidated by the law as of November 12, 2021/

/The numbering of this paragraph "55" was changed to "56" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

CHAPTER TWO

POWERS OF THE STATE ADMINISTRATIVE BODY ON INSPECTION

Article 6.Powers of the Government

6.1.The Government shall report the work designed to ensure compliance with legislation and their results to the State Great Khural annually.

6.2.The Government shall analyze the measures and actions taken by the Government, ministries, agencies, agency and local administrative bodies for the ensuring the compliance of the legislation, Presidential decrees, and Government decisions, and introduce measures for improvement.

/The term "of specialized inspection" was removed from this paragraph according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

6.3.The Government shall work to create effective administrative inspection system and coordinate and direct the mutual efforts of inspection bodies towards the common goals.

/The term "specialized inspection" in this paragraph was changed to "inspection" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

6.4.The Government shall establish a common procedure on organizing an internal inspection on activities of legal entities and organizations.

/This paragraph was modified by the law as of June 10, 2010/

6.5.The Government shall exercise other powers entitled by the laws.

Article 7.Powers of Ministries, Agencies and state administrative bodies established by the Government

7.1.The Ministries, Agencies and state administrative bodies established by the Government shall organize activities aimed at enforcing the legislation, presidential decrees, and Government decisions within their respective sectors, subordinates, and legal entities and shall report on the implementation status and results to the Government.

7.2.Based on the general procedures set by the Government, the Ministries, Agencies and state administrative bodies established by the Government shall implement and approve an internal inspection procedure designed for their respective subordinate organizations and legal entities.

7.3.The Ministries, Agencies and state administrative bodies established by the Government shall inspect the enforcement status of the legislation, presidential decrees, and decisions of the Government within the respective subordinates and juridical bodies of full or parastatal state ownership and hear their management reports if necessary.

7.4.The Ministries, Agencies and state administrative bodies established by the Government shall take measures to documentation inspection regarding the exploitation, preservation, and protection of state property of their subordinate organizations and legal entities and their financial and accounting related performances.

Article 8.Powers of the Governors of Aimags, Soums, Bags, Capital city, Districts and Khoroos

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

8.1.The Governors at all levels shall exercise the following powers:

8.1.1.to inspect the enforcement of the legislation, presidential decrees, decisions and resolutions of the Government and its organizations, and Citizens' Representatives Khural among the organizations and legal entities at their territories regardless of their jurisdiction and property type;

8.1.2.to organize the activities to inform, promote and implement the enforcement of legislation, presidential decrees, decisions and resolutions of the Government and its organizations, and Citizens' Representatives Khural at their territories and to inform the results and fulfillment in accordance with the procedure set by the Government to the governors of higher levels and the Government.

8.1.3.to perform inspection functions in accordance with Article 27 of the Law on Administrative and Territorial Units of Mongolia and their Governance.

/This sub-paragraph was added according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

8.2.The Governors of aimags and capital city shall have the following special powers:

8.2.1.to approve and enforce an internal inspection procedure designed for their governor's administrative offices at lower levels, respective subordinate organizations and legal entities, based on the general procedures set by the Government;

8.2.2.to organize activities to check on the enforcement status of legislation, presidential decrees, decisions and resolutions of the Government within the respective territories and suggest recommendations for improvement to the President and the Government;

8.2.3.to take measures to carry out inspections on documentations regarding the exploitation, preservation, and protection of state-owned property of soums, districts subordinate organizations and legal entities and their financial and accounting related performances.

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

8.3.1.to hear and review the reports of managers of organizations and legal entities at their territories regarding the actions and measures taken to ensure the enforcement of legislation, presidential decrees, decisions and resolutions of the Government and its organizations, and Citizens' Representatives Khural, and to assign duties and responsibilities for better results.

Article 9.Specialized inspection agency and its powers

/This Article was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

9.1.The inspection body shall have the following powers:

/This paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

9.1.1.monitor the implementation of laws, generally applicable legal acts, technical regulations and standards in accordance with the law;

/This sub-paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

9.1.2.maintain inspection records and a unified database;

/This sub-paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

9.1.3.provide professional and methodological guidance to lower-level units and state inspectors who implements inspections;

/This sub-paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

9.1.4.prepare and retrain qualified inspectors, ensure their working conditions and social security within the framework of legislation;

/This sub-paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

9.1.5.study and integrate laws, legal acts, technical regulations and standards to be generally followed, and based on them, how implements the procedures set by the state authority to be generally followed, and submit proposals for improving the relevant laws and decisions to the state central administrative body;

/This sub-paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

9.1.6.other powers provided by law.

/This sub-paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

9.2.In addition to paragraph 9.1 of this law, the state central administrative body in charge of carrying out inspections shall exercise the following powers:

/This paragraph was amended by the law as of November 12, 2021/

/This paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

9.2.1.to approve procedures, instructions, forms, methods, general technical requirements and checklists related to the conduct of inspections in accordance with laws and regulations and general procedures specified in paragraph 5.19 of this law;

/This sub-paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

9.2.2.to provide professional, methodological and organizational management to inspection bodies and state inspectors within the scope of the issues in charge;

/This sub-paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

9.2.3.to study and integrate laws, legal acts, technical regulations and standards to be generally followed, based on them, how implements the procedures set for general compliance by state authorities, and submit proposals for improving relevant laws and decisions to the relevant organizations, and present them to the Government once a year;

/This sub-paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

9.2.4.if necessary, supervise the implementation of laws, generally applicable legal acts, technical regulations, and standards in accordance with the law;

/This sub-paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

9.2.5.other powers stipulated by law.

/This sub-paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

9.3.The list of laws and other legal acts related to procedures, instructions, and inspection activities specified in sub-paragraph 9.2.1 of this law is open and accessible to the public.

/This paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

9.4.The inspection functions of the state central administrative body in charge of carrying out inspections may be transferred to state administrative and professional organizations within the scope of their tasks.

/This paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

9.5.The inspection body is not obliged to contribute income to the state or local budget.

/This paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

/This paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

/This paragraph was modified by the law as of June 10, 2010/

Article 10.State inspector and his/her common powers

/The term "professional state inspector" was changed to "state inspector" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

10.1.The central specialized inspection agency shall have personnel such as a state general inspector, sectoral state general inspector, a state senior inspector, a state inspector; local agency shall have a regional state senior inspector, a state senior inspector and a state inspector.

/This paragraph was invalidated according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

/This paragraph was amended by the law as of June 10, 2010/

10.2.The head of the central agency for implementation of specialized inspection shall be appointed and dismissed by the Prime Minister in accordance with paragraph 183 .2 of the Law on Government of Mongolia.

/This paragraph was invalidated according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

/This paragraph was amended by the law as of December 23, 2011/

/This paragraph was modified by the law as of December 7, 2017/

10.3.The head of the central agency for specialized inspection shall be a general state inspector of specialized inspection. The general state inspector shall be authorized by the Government.

/This paragraph was invalidated according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

10.4.Inspections shall be carried out by the state general inspector, state senior inspector, and state inspector of the sector.

/This paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

/This paragraph was modified by the Law as of June 10, 2010/

10.5.The rights of the state general inspector, state senior inspector, and state inspector of the sector shall be granted and revoked by the member of the Government in charge of implementation of the inspection of the sector according to the procedure approved by the Government.

/This paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

10.6.Unless otherwise provided by law, the head of the organizational unit for the implementation of the inspection function of the state central administrative body in charge of carrying out inspection shall be the state general inspector of the sector.

/This paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

10.7.State senior inspectors and state inspectors shall work in the inspection body.

/This paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

10.8.State inspectors shall use ID cards with official and personal numbers, badges, and printed papers for letters of demand, conclusion reports, acts and fines issued by competent official authorized to appoint the given state inspector and design of which approved by the Government.

10.9.State inspectors of specialized inspection shall exercise the following common powers:

/The term "state inspectors of specialized inspection" in this paragraph was changed to "state inspectors" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

/This paragraph was amended by the law as of June 10, 2010/

10.9.1.to inspect or monitor the enforcement of special procedures set by the laws and/or by the competent institutions under laws for publicly compliance within certain areas of management;

10.9.2.to have free access to the target organizations and institutions for inspection;

10.9.3.to involve professionals and specialists in the inspection process upon consultation with the relevant organizations, and have professional organizations to conduct laboratory test or analyses with purpose of examining the issue of concern;

/This sub-paragraph was invalidated by the law as of June 10, 2010/

10.9.4.to have relevant organizations, legal entities, and/or officials to submit data, researches, references, and other documents required for the inspection free of charge;

10.9.5.to obtain and/or transfer product samples within the limited numbers set by the competent authority of administrative inspection free of charge through making records;

/This sub-paragraph was invalidated by the law as of June 10, 2010/

10.9.6.to condemn income and properties illegally obtained by legal entities, organizations and individuals, and resolve the issue compensation of damages caused to others in accordance with relevant legislation;

/This sub-paragraph was invalidated by the law as of June 10, 2010/

10.9.7.to terminate works, production, service or operations that causing harm or proven to cause harm directly or indirectly to human life, health, and the surrounding environment, as well as in the cases of the accidents might be occurred for a temporary period in whole or partially until the corrective measures are taken; disinfect or sterilize necessary items; terminate the operation of machineries and equipment in the construction in question; prohibit the sales of given products and dispose the products; make decisions for exploitations for different purposes if appropriate; and inform the public of the decisions. In the event of failure of fulfilment of the decisions; rule to terminate the production or services entirely, unless otherwise stated in law;

/This sub-paragraph was amended by the law as of June 10, 2010/

10.9.8.to make demand to the relevant organizations, legal entities, individuals and officials to take measures to stop violations and deficiency revealed during the inspection and to eliminate their causes and conditions, assign time-bound duties and tasks for implementation;

/This sub-paragraph was amended by the law as of June 10, 2010/

10.9.9.to submit the report of the inspection along with the relevant documents to the respective authorized institution in the event serious accidents occurred causing loss of life or damage to health or the breaches of criminal nature have been revealed during the inspection;

/This sub-paragraph was invalidated by the law as of June 10, 2010/

10.9.10.state inspectors shall be obliged to respect and observe the laws; faithfully perform official duties without being influenced by outside influences; respect the legal interests and reputation of the state, organizations, business entities, and officials; refuse to perform inspections relevant to their spouses, family members, or relatives; and perform full and satisfactory inspections;

10.9.11.state inspectors shall be fully responsible for the accuracy of the grounds and proof of inspections performed, conclusions drawn thereof, introduction, letter of demand, data, and evidences written;

10.9.12.to impose liability in accordance with the Law of Violations;

/This sub-paragraph was amended by the law as of December 4, 2015/

10.9.13.other powers specified in the law.

10.10.The specific powers of the state inspector shall be established by relevant legislation.

/The term "the applicable legislation on the given administrative inspection" in this paragraph was changed to "relevant legislation" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

10.11.Head of inspection agency in capital city and aimag shall be selected through competitive selection procedure among the civil servants working at state inspection organizations for at least 3 years in accordance with Articles 25, 26 and 27 of the Law on Civil Service.

/This paragraph was added by the law as of December 22, 2006/

/This paragraph was amended by the Law as of December 07, 2017/

/This paragraph was invalidated according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

10.12.In addition to the common powers specified in paragraph 10.9 of this Law, the state general inspectors and state senior inspectors of the sector shall exercise the following powers:

/The term "of the sector" was added according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

10.12.1.to involve professionals and specialists in the inspection process upon consultation with the relevant organizations, and have professional organizations to conduct laboratory test or due diligence analyses with purpose of examining the issue of concern;

10.12.2.to condemn income and properties illegally obtained by legal entities, organizations and individuals, and resolve the issue compensation of damages caused to others in accordance with relevant legislation;

10.12.3.if the decision specified in sub-paragraph 10.9.7 of this Law has not been fulfilled, unless otherwise stated in the law, the state inspector's decision shall be certified and enforced by a court or submit his/her recommendation and conclusion to the relevant organizations for resolution to completely terminate the activities of the production and services;

10.12.4.in the case where a serious accident occurred, human live lost and health damaged, and large volume of damages caused and the violation revealed has criminal characteristics, the inspection note and other relevant documents will be transferred to the corresponding competent authority;

10.12.5.to approve guidelines of planned and unplanned, preventive inspections;

/The term "preventive" was added after the term "unplanned" according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

10.12.6.to resolve and respond claims and complaints filed against the state inspector's activities and the inspection process.

/This sub-paragraph was added by the law as of June 10, 2010/

10.13.The powers that specified in sub-paragraphs 10.12.2 and 10.12.3 of this Law shall be exercised by the soums state inspector in soums without a state senior inspector.

/This paragraph was added by the law as of June 10, 2010/

/The term "specialized inspection" was removed from this paragraph according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

Article 11.Guarantee for implementing the powers by the State inspectors

11.1.The state inspectors shall be provided with the following guarantee in addition to the work conditions, guarantee, additional guarantee, salary, remuneration, support, awards, commissions, pensions and allowances provided for in the legislation on Civil service:

11.1.1.reimbursing transportation costs (other than the taxi's) incurred while travelling in the city or given area performing inspections by the given organization as specified in the relevant procedures;

11.1.2.in the event of loss of labor capability while exercising the inspection powers, allowances for temporary labor capability loss in addition to the discrepancy of the salary shall be granted throughout the temporary loss period; in the event of disability, allowances for disability along with the salary discrepancy shall be granted for the entire disability allowance period, respectively;

11.1.3.in the event of loss of life while in exercising the inspection powers, one-time irrevocable assistance of three months' pay shall be granted to the family of the deceased;

11.1.4.state inspectors shall be provided by labor safety clothing and technical devices for exercising the inspection;

/This sub-paragraph was added by the law as of June 10, 2010/

/This sub-paragraph modified by the law as of January 23, 2015/

/This sub-paragraph was amended by the law as of November 12, 2021/

/The term "of environment specialized inspection" was removed from this sub-paragraph according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

11.1.5.to have the police office take measures to ensure his/her safety, if any contempt, slander, pressure or threat to life and health have realistically been threatened with the exercise of his/her powers.

/This sub-paragraph was added by the law as of June 10, 2010/

11.2.Allowances, pensions, and salary discrepancies specified in sub-paragraphs 11.1.2 and 11.1.3 shall be funded from the state budget fund and shall be compensated by the guilty party.

CHAPTER THREE

POWERS OF LOCAL SELF-GOVERNING ORGANS, OTHER ORGANS, AND LEGAL ENTITIES IN RESPECT TO INSPECTION

Article 12.Powers of the Citizens' Representatives Khural of Aimags, Soums, Capital city and Districts

/The title of this article was amended by the law as of April 22, 2022/

12.1.The Citizens' Representatives Khural of aimags, soums, capital city and districts shall exercise the following powers:

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

12.1.1.to hear and discuss the information and hearings of the Governor, managers of organizations and legal entities belonging to the administrative unit at their territories regarding the actions, their progress and results taken to ensure the enforcement of legislation, presidential decrees, decisions and resolutions of the Government and its organizations, higher levels and given Citizens' Representative Khurals;

12.1.2.to inspect the enforcement status of decisions of the given and higher levels of Khurals at relevant organizations and legal entities at respective territories, regardless of their property type;

12.1.3.to discuss the answers and solutions to the questions and problems raised by representatives of the Khurals in respect of ensuring the enforcement of legislation, presidential decrees, decisions and resolutions of the Government and its organizations and Citizens' Representative Khurals of the given and higher level;

12.1.4.to recommend the dismissal of the Governor to the Prime Minister of the Governor of higher level in the event the Governor is deemed to have been unsatisfactorily exercising his/her rights in respect of the inspection on the enforcement of legislation, presidential decrees, decisions and resolutions of the Government and its organizations and Citizens' Representative Khurals;

12.1.5.other powers specified in the legislation.

12.2.The Citizens' Representative Committee shall exercise powers to hear the information and discuss presentations and hearings of the managers of organizations and legal entities specified in sub-paragraph 12.1.1 and the powers specified in sub-paragraph 12.1.2 during recess of the Khurals.

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

Article 13.Obligations of Organizations and legal entities in respect to inspection

13.1.The managers of organizations and legal entities shall be obliged to organize activities and take measures to ensure the enforcement of legislation, presidential decrees, decisions and resolutions of the Government and its organizations, and Citizens' Representatives Khural and set internal inspection procedures for compliance based on the common procedure issued by the Government.

/Addendum was made to this paragraph by the law as of June 10, 2010/

13.2.Organizations, legal entities and officials shall be obliged to provide assistance in the inspection, comply with the demands set by competent body and officials for inspection in respect of taking elimination measures for violations and deficiencies revealed during the inspection and terminating illegal or unauthorized operations, and inform of the results within the specified period.

Article 14.Right to Complaint with respect to decisions concerning the Inspection

14.1.In the event when the inspected organization, legal entity and their officials deem that legislation was violated during the inspection or the decisions made were not unlawful, they may submit their complaints to the management of the body in charge of inspection.

14.2.Complaints related to the decisions of state inspectors and state senior inspectors shall be resolved by the state inspector at the highest level within the time period specified by law. If the complainant does not agree with the decision, he/she can appeal to the court.

/This paragraph was modified according to the law as of November 11, 2022, and it shall be enforced from January 1, 2023/

CHAPTER FOUR

MISCELLANEOUS

Article 15.Liabilities for the competent officials authorized to exercise inspection

15.1.In the event of violations of the laws by the competent officials authorized to exercise the inspection, the official shall bear a responsibility as specified corresponding legislation.

Article 16.Liability for violators of the law

/The title of this article was amended by the law as of December 4, 2015/

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

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

16.2.An individual or legal entity who violates this Law shall be held liable under the Criminal law or Law on Violations.

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

16.3.This Law shall enter into force on January 3, 2003.

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