(2022.12.06-ны өдрийн орчуулга)                                                       Unofficial translation

LAW OF MONGOLIA

December 17, 2021                                                                                     Ulaanbaatar city

ON TRANSPARENCY OF PUBLIC INFORMATION

/Revised edition/

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the law

1.1.The purpose of this law is to ensure the right of citizens to seek and receive information in accordance with the grounds and procedures outlined in the law, and to establish the legal basis of public information infrastructure, conduct state activities in an electronic form by creating a public information system, and to establish public supervision over government activities. 

Article 2.Legislation on Transparency of Public Information

2.1.Legislation on transparency of public information consists of the Constitution of Mongolia, the Law on Archives and Record Management, this law and other laws and legal acts enacted in conformity therewith.

2.2.If an international treaty, to which Mongolia is party, provides otherwise, the provision of such international treaty shall apply.

Article 3.Scope of the Law

3.1.This law shall not regulate the relations with respect to the disclosure of information designated as state secrets by law.

3.2.This law shall regulate any relations other than those regulated by the law specifically referred to the public information infrastructure and conducting government activities in electronic form.

Article 4.Definition of Legal Terms

4.1.The following terms used in this law shall have the following meanings:

4.1.1."information system" means software, hardware, databases, other components, and their sets for the purpose of collecting, processing, seeking, searching, sending, receiving, using information and ensuring security of information;

4.1.2."information network" means a set of software and hardware for sending, transmitting and receiving information between two or more users;

4.1.3."owner of information" means a person set out in Article 4.1.5 of the Law on Protection of Personal Information, and a legal entity defined by the information;

4.1.4."use of information" means using, transmitting and familiarizing with information in other ways than collecting and processing information;

4.1.5."data processing" means activities of classifying, storing, analyzing, changing, deleting, and restoring information, and a set of such activities;

4.1.6."data collection" is an activity of obtaining, compiling and recording information;

4.1.7."public information infrastructure" means information system and information network used by public information respondent to collect, process, use, and ensure security of information within the scope of his/her duties stipulated by law;

4.1.8."public information" means a set of data collected, processed, and used by public information respondent within the scope of his/her duties stipulated by law;

4.1.9."electronic document" means information that can be created, processed, stored, sent and received using the information system.

Article 5.Principles of Public Information Operation

5.1.In addition to the second part of Article One of the Constitution of Mongolia, the following principles shall be followed in the public information operation:

5.1.1.the rights and legal interests of person or legal entity are respected;

5.1.2.information is transparent and open, unless otherwise specified by law;

5.1.3.activities to provide information and services are quick and easy;

5.1.4.information and services are clear, accurate and complete;

5.1.5.person or legal entity has equal rights in an activity of using public information;

5.1.6.public information infrastructure should be interconnected and have a unified policy and planning;

5.1.7.a public information respondent shall not demand from person or legal entity any information that they have or that can be obtained or exchanged using public information infrastructure.

CHAPTER TWO

PUBLIC INFORMATION RESPONDENT AND PUBLIC INFORMATION CATEGORY

Article 6.Public Information Respondent

6.1.The following organizations shall be a public information respondent /hereinafter referred to as "information respondent":

6.1.1.state organization;

6.1.2.state owned or local owned, state and local partially owned private legal entity;

6.1.3.entity performing certain functions of a government organization on the basis of law or contract;

6.1.4.public radio and television;

6.1.5.political party.

6.2.An information respondent is responsible for collecting, processing and using public information, and ensuring management, organization and security of information, and taking other necessary measures within the scope of his/her duties stipulated by the law.

Article 7.Classification of Public Information

7.1.Public information is classified as open, restricted and closed.

7.2.Open information is defined as information not subject to restricted or closed information that is considered to be open and transparent by the law.

7.3.Restricted information is information of which disclosure and use is restricted by law that are referred to individuals and legal entities.

7.4.Closed information is defined as state secrets and information that is considered to be closed by the law.

7.5.The information provided by the law to be transparent and open shall not be classified as official secrets.

7.6.Any relations other than those regulated by the Law on State and Official Secrets related to state and official secrets related to closed and restricted information shall be regulated by this law.

7.7.To use the public information, except as provided by law, the right and freedom of citizens to obtain information shall not be restricted, and activities of government organizations shall be transparent and open to the public, and person or legal entity shall be able to freely obtain any information that is not restricted by law.

Article 8.Open Information

8.1.To keep government activities transparent and open, and to create public supervision over government activities, the information on institutional functions, operational strategy and organizational information of information respondent, its human resources, budget, finance, and procurement, and information on available services, and other information other than those determined to be closed and restricted by law must be transparent and open.

8.2.Information respondent shall keep the following information on its functions, operational strategy and organization transparent and open:

8.2.1.mission, operational strategic objectives, goals, priorities, measures taken within their scope, and their outcomes;

8.2.2.function, structure, organization, address, location, contact phone number, postal address, social network address for communicating with the public and delivering information;

8.2.3.economic and social development indicators, operations reports, and reports of monitoring, evaluation, internal audit, financial auditing conducted in activities of information respondent, relevant acts, conclusions, official requirements, and recommendations;

8.2.4.evaluation report on consequences of law enforcement;

8.2.5.report on performance of development policy and planning document;

8.2.6.legislations, government decisions and other legal acts that are applied in activities;

8.2.7.job description, name or surname /father/mother's name/ of officer, official contact phone number, official e-mail address;

8.2.8.reports and news on resolution of applications and complaints;

8.2.9.statistical information on activities of its responsible branch, unless otherwise specified by law;

8.2.10.program of public events to be organized by information respondent.

8.3.Information respondent shall keep the following information on its human resources transparent and open at all times:

8.3.1.information on job vacancies;

8.3.2.procedure for selection of officials and employees;

8.3.3.code of conduct for officials and employees;

8.3.4.procedures for monitoring and evaluating human resource strategy and its implementation;

8.3.5.measures taken to ensure transparency of human resources management;

8.3.6.procedure for performance evaluation of civil servant.

8.4.Information respondent shall keep the following information on its budget, finance, and procurement process transparent and open:

8.4.1.execution of the previous year's budget, current year's budget, next year's budget draft;

8.4.2.budget performance and half-year and full-year financial reports;

8.4.3.audit opinions on financial statements;

8.4.4.amount of fees, payment, and regulatory service fees to be collected in accordance with the law;

8.4.5.budget savings and overruns, explanations of their causes;

8.4.6.name of purchased goods, works and services with the value of MNT five million or more, and amount of financing, name and address of a supplier.

8.4.7.cash flow of income and expenses with the value of MNT five million or more, excluding salary expenses, for each transaction, along with details of the transaction, and name of a recipient;

8.4.8.bonds, loans, debentures, guarantees, other similar financial instruments, public and private sector partnership agreements, concessions, or budgets, property, assets, money spending, or any decision on debts and receivables;

8.4.9.information on measures taken according to audit reports and recommendations, records of glass account and its implementation;

8.4.10.plans, reports, tender documents, procedures for the procurement of goods, works and services with state and local property funds, tender invitations, criteria for tender applicants, brief information on successful and unsuccessful bidders, and legal grounds or reasons for the selected and unselected tender;

8.4.11.evaluations and audits conducted in procurement activities, and reports and conclusions on other inspections;

8.4.12.information on provision of procurement expertise and methodical advice and instructions to the relevant entity at the request of information respondent or client organization;

8.4.13.list of entities whose right to participate in procurement of goods, works, and services with state and local property assets is restricted;

8.4.14.information on loans and assistance contracts and agreements received by the government from foreign countries and international organizations;

8.4.15.state budget, social insurance fund's budget revenue, expenditure, investment, and integrated budget indicators;

8.4.16.information on the use of government foreign loans and aid;

8.4.17.information on external and internal government debts;

8.4.18.state budget saving and overruns, explanations of their causes;

8.4.19.monthly report on the implementation of consolidated budget;

8.4.20.budget performance and audited consolidated financial report;

8.4.21.information on the government's internal securities issued to finance the budget deficit;

8.4.22.list of concession items and amendments thereto;

8.4.23.information other than confidential information of a concessionaire and his/her organization every time a concession contract is concluded, or any information on concession items, work to be performed, and services to be provided;

8.4.24.information on government foreign securities issued for the purpose of financing investment;

8.4.25.research and estimation of integrated indicators of the state budget with macroeconomic and other related indicators;

8.4.26.financing, implementation, progress and results of projects and programs implemented with budget funds and foreign loans and assistance;

8.4.27.research and analysis work ordered by the information respondent, and its report;

8.4.28.others prescribed by law.

8.5.Information respondent shall always keep the following information transparent and open for services provided within the scope of the law:

8.5.1.type of service, settlement procedure, period, documents to be prepared, their templates, payments, fees, amount of fee for regulatory services, details of bank account;
8.5.2.grounds and procedures for granting, extending, suspending, restoring, revoking permits, or information on permits granted, extended, suspended, restored, or revoked, and name, address, branch, representative office of permit owner, and permit issued or validity period .

/The word "license" of this provision, as well as the word "special", were removed by the law as of June 17, 2022, and shall enter into force on January 1, 2023/

8.6.In addition to the provisions of Articles 8.2, 8.3, 8.4, and 8.5 of this law, the information respondent shall always keep the following information of its affairs transparent and open:

8.6.1.draft laws and administrative norms that are being discussed and voted on by the public, their presentation, relevant studies, and opinions given by other organizations and citizens;

8.6.2.list of intellectual property rights that are owned;

8.6.3.urban and land management planning, and information on the progress of decisions on its amendments;

8.6.4.information on the land owned by information respondent;

8.6.5.name, address, charter, direction of activity of the state-owned or local-owned legal entity, state or locally partially owned private legal entity, share of capital contributed by an authorized entity, profit and loss report, amount of taxes paid to the consolidated budget, dividends;

8.6.6.structure and composition of the board of directors and controlling board of the state-owned or local-owned legal entity, state or locally partially owned private legal entity, and names, salaries, bonus amount, official e-mail address of their members' and executive management, and requirements for the management of a legal entity, management selection procedure, selection dates, and information on participants in the selection process;

8.6.7.amount of taxes and capital contributed to the unified budget and the National Wealth Fund for the legal entity holding a license to use mineral deposits of strategic importance;

8.6.8.information on the use, transfer and privatization of state and local property by individuals or legal entities, the use of budget funds and their decommissioning, and revenue earned from decommissioning;

8.6.9.information on the environmental impact assessment that determined potential adverse impacts and consequences to the environment during the operation, production, and services of person or legal entity, as well as measures to eliminate such consequences, and information on impacts on the environment by using subsoil resources;

8.6.10.Information on current impacts or impacts to be provided from operation, production, services, equipment and technologies used by the information respondent on the health of people, animals, and the environment;

8.6.11.conclusion approved by the state commission on operation of building facility;

8.6.12.certificate granted for land use in specially protected areas, signed agreements, land use payments;

8.6.13.agreement made by a local administrative organization with a license holder on increase of jobs and development of infrastructure related to the environmental protection, mining and establishment of plant as set out in Article 42 of the Minerals Law;

8.6.14.results of litigation proceedings;

8.6.15.results of dispute resolution proceedings under petitions, complaints, and requests submitted to the Constitutional Court of Mongolia;

8.6.16.charter of political party, its membership, equity, and information on donations given to it;

8.6.17.information on obligations assumed by the multilateral international agreements signed by Mongolia, reports submitted, recommendations given to Mongolia, and information on organization responsible for the implementation of recommendations;

8.6.18.information on the price structure of legal monopoly entrepreneurs and a list of dominant entrepreneurs;

8.6.19.final owner of a legal entity and information on final owner;

8.6.20.open data in databases where access and use are not restricted;

8.6.21.name, surname /father/mother's name/ of a student, and country of study, name of school, majoring subject, duration of study, amount of study cost financed by information respondent, and implementation of the contract;

8.6.22.other information stipulated to be open by law and international agreement.

8.7.The information specified in 8.4.13, 8.4.14, 8.4.15, 8.4.16, 8.4.17, 8.4.18, 8.4.19, 8.4.20, 8.4.21, 8.4.22, 8.4.23, 8.4 of this law shall be kept open and transparent by the state central administrative body in charge of finance and budget issues, and the information specified in 8.6.9, 8.6.12 of this law by the state central administrative body in charge of environmental issues, and the information specified 8.6.14 of this law by the Supreme Court of Mongolia, and the information specified in Article 8.6.15 of this law by the Constitutional Court of Mongolia, the information specified in Article 8.6.16 of this law by the political party, and the information specified in Article 8.6.17 of this law by the state central administrative body in charge of foreign relations issues, the information specified in Article 8.6.19 of this law by the state administrative body in charge competition issues and the information specified in Article 8.6.19 of this law by the state administrative body in charge of state registration issues respectively.

8.8.Information respondent shall use the website, notice board, and other means of information to provide the public with the information to be kept transparent and open as specified in 8.2, 8.3, 8.4, 8.5, and 8.6 of this law.

8.9.Unless otherwise specified by the law, the information respondent shall issue reports, news, results, and statistical data specified in clauses 8.2, 8.3, 8.4, 8.5, and 8.6 of this law quarterly, half-yearly, and yearly, and post them in website pages within the first month of the next quarter, half year, and year.

8.10.The information respondent shall place and upload monitoring, evaluation, internal audit, financial audit reports, acts, conclusion, official requirements, recommendations, evaluation reports on the consequences of law enforcement, and other information on job vacancies, and students studied by funds of the information respondent its website from time to time.

8.11.If changes are made to the information, such changes will be reflected and the information will be updated within three working days upon such changes.

8.12.Regardless of the use of other means of information, the information respondent must operate a website and notice board and fully provide the conditions for viewing open information on the website.

8.13.In case of disseminating or clarifying open information, the source of information shall be clearly provided on the website.

8.14.Information posted on the website shall be true and accurate.

8.15.Detailed relations with respect to keeping open and transparent information specified in 8.4 of this law shall be regulated by the Law on Glass Accounts.

8.16.The government shall approve the general procedure for maintaining an online page, uploading and publishing transparent and open information in electronic form, updating and monitoring as specified in Article 8.8 of this law.

8.17.A supernumerary council responsible for organizing, evaluating and recommending the implementation of transparency of open information that is composed of representatives of the Anti-Corruption Agency, the National Human Rights Commission of Mongolia, the state central administrative body in charge of e-development and communications issues, and non-governmental organizations will operate under the state central administrative body in charge of legal issues.
8.18.The Cabinet members in charge of legal, digital development and communication issues shall jointly approve the procedure for operation and composition of the council specified in Article 8.17 of this law.

8.19.The Government shall approve the procedure for keeping open information transparent and establishing and evaluating transparency criteria.

Article 9.Restricted Information

9.1.Information pertaining to official secrets shall be used in accordance with the grounds and procedures specified in the Law on State and Official Secrets.

9.2.The following information applies to restricted information pertaining to persons and legal entities specified in Article 7.3 of this law:

9.2.1.information collected in the process of investigation and resolution of crimes and violations, and execution of court decisions, unless otherwise provided by law,;

9.2.2.information collected during the state inspection or until the decision becomes effective;

9.2.3.information that may cause a danger to uniquely cultural heritage if it is kept open;

9.2.4.others prescribed by law.

9.3.Restricted information pertaining to person or legal entity other than those specified in 9.2.1 and 9.2.2 of this law shall be accessed, used, or transmitted to third parties on the grounds and procedures specified in the law, or with the consent of an owner of information.

9.4.An authorized entity shall review, use, or transmit the information specified in 9.2.1 and 9.2.2 of this law to a third party in accordance with the grounds and procedures specified in the law without obtaining a permission of an owner of information.

9.5.An owner of the information may use the restricted information available to the information respondent at any time.

9.6.When obtaining permission from an owner of the information, the following conditions shall be presented:

9.6.1.purpose of obtaining information;

9.6.2.name, surname /father/mother's name/ if a recipient of information is an individual, and/or name of legal entity, contact address, and contact phone number if a recipient is a legal entity;

9.6.3.name, contact address and contact phone number of information respondent;

9.6.4.list of information to be obtained, and form of obtaining information;

9.6.5.scope of information processing and use, storage period;

9.6.6.whether to disclose information;

9.6.7.whether to transmit information to others;

9.6.8.form of cancellation of permission.

9.7.An owner of information may cancel the consent at any time, and any actions of giving or transmitting information by information respondent to third party prior to the cancellation of the consent are considered legal.

9.8.Clause 9.7 of this law shall not apply to the disclosure of the non-confidential part of a tender to other participants based on the consent of a successful tenderer in order to ensure the transparency of the procurement and tender selection process of information respondent.

9.9.An owner of information shall give or cancel his/her consent in writing.

9.10.If an owner of information is a person specified in Articles 16, 17, 18, and 19 of the Civil Code, restricted information related to him/her will be provided based on the consent of his/her legal representative.

9.11.The information respondent is obliged to prove that he/she has given or transmitted the restricted information related to a person or legal entity to others based on the consent of an owner of the information.

9.12.Government organizations or other persons specified by law shall not be required a consent of an owner of information if they use restricted information for their duties in accordance with the grounds and procedures specified in the law.

9.13.If the information respondent provides or transmits information to a third party in accordance with Article 9.12 of this law, an owner of information shall be notified thereof in accordance with the procedure prescribed by law.

9.14.The information respondent shall keep a record of requests for the use of restricted information, given or transmitted information to third parties.

9.15.A person, who requested for the registration specified in 9.14 of this law, shall provide information including year, month, date, information to identify an owner of information, and year, month, date of issuance of permission, its form and confirmation, and year, month, date of submission of officer, organization or electronic identifier, the content of information obtained, the purpose of information obtained, and name, surname /father/mother's name/ if a person using the information is an individual, and/or name of legal entity, contact address, and contact phone number if a legal entity.

9.16.The Government shall approve the procedure for delivering notices and keeping records specified in 9.13 and 9.14 of this Law.

9.17.An owner of information shall have the right to familiarize with actions of giving or transmitting the restricted information to third party, and records of information requested, and the following information as well:

9.17.1.person who received information;

9.17.2.list and form of received information;

9.17.3.year, month, day of receiving information;

9.17.4.legal basis for obtaining the information.

9.18.A request on review made in accordance with Article 9.17 of this law shall be resolved within five working days from the date of receipt by the information respondent.

9.19.Clause 9.13, 9.17, and 9.18 of this law shall not apply if the restricted information is transferred to the competent authority within the scope of duties.

Article 10.Closed Information

10.1.Closed information refers to the following information:

10.1.1.information referred to state secrets;

10.1.2.information specified in Article 12.3 of the General State Registration Law;

10.1.3.other information provided by law.

10.2.Closed information shall be reviewed, used and disclosed in accordance with the grounds and procedures specified in the law.

10.3.Closed personal information shall be used in accordance with the purposes, conditions and procedures specified in the law with the consent of an owner of information.

Article 11.Deleting and Making Changes to Public Information

11.1.Public information collected, processed and used by the information respondent shall be deleted on the following grounds:

11.1.1.at the request of an owner of information, if the relevant information is not collected, processed and used in accordance with the grounds and procedures specified in the law;

11.1.2.information respondent is obliged to delete the information according to the law, the international agreement of Mongolia, or by the valid court decision;

11.1.3.others prescribed by law.

11.2.Public information shall not be deleted except as specified in Article 11.1 of this law.

11.3.In the event that the information pertaining to him/her is incorrect, inaccurate or false, an owner of information has the right to notify the information respondent as soon as he or she knows, and to provide the relevant evidence documents to correct the information and make changes.

Article 12.Making Public Information as Open Data

12.1.The information related to person or legal entity or state and official secrets of open, restricted and closed information can be processed to be non-identifiable and be made open data in order to support the economy and business, develop research and analysis work, and increase the transparency and availability of information without violating the rights and legal interests of person or legal entity and in consideration of their demands and needs.

12.2.The information respondent shall publish the open data specified in Article 12.1 of this law on its website and on the state integrated open data system.

12.3.Open data can be used with pay or free of charge, and the conditions for ease of access, copying, sorting, and searching are defined.

12.4.The information respondent shall update the open data it has developed on a regular basis.

12.5.The government shall approve the conditions and procedures for creating, publishing, and using open data of the information respondent, the requirements for open data, and the procedure of operation of the state integrated open data system, in consideration of proposals of the state central administrative organization in charge of digital development and communication issues.

12.6.The government shall determine a list of open data and the period of publication of open data.

12.7.Open data specified in the law and in the list specified in Article 12.6 of this law shall be published free of charge.

12.8.If an open data is not included in the list specified in Article 12.6 of this law, or if an open data is requested before its publication, the information respondent may provide the open data with pay.

12.9.The Government shall approve the payment calculation method specified in Article 12.8 of this Law.

12.10.Open data shall not be published in the following cases:

12.10.1.if it is possible to identify public and official secrets, person or legal entity through the open data;

12.10.2.if the open data violates intellectual property rights;

12.10.3.if publishing the open data violates the rights and legal interests of person or legal entity;

12.10.4.others prescribed by law.

12.11.The information respondent shall solve complaints regarding the open data affecting the rights and legal interests of person or legal entity within 10 working days.

12.12.If a complaint is submitted on the grounds specified in Article 12.11 of this law, the information respondent shall temporarily suspend an access to the open data until the complaint is resolved.

12.13.If a person or a legal entity does not agree with the decision of the information respondent who has resolved the complaint specified in Article 12.11 of this law, they may file a complaint with the court.

CHAPTER THREE

PROVISION OF RIGHT TO INFORMATION

Article 13.Obtaining Information by Person and Legal Entity

13.1.Individual or legal entity may address to the website and obtain information by submitting a request for information, or without making a request for access information posted electronically, openly and transparently.

13.2.Requests for open information shall be made verbally or in writing, and requests for restricted information shall be made in writing.

13.3.Requests made on paper or in electronic form according to the law shall be considered as written requests.

13.4.The following information shall be included in the written request:

13.4.1.name, surname /father/mother's name/ if an applicant is an individual, and/or name of a legal entity if an applicant is a legal entity;

13.4.2.residential address, postal address, and contact telephone number of an applicant;

13.4.3.purpose of obtaining information and the consent of an owner of information in case of obtaining restricted information;

13.4.4.content of information and form of receiving information.

13.5.A request to be issued in paper form shall be signed by a person, and in the case of a legal entity, an entity authorized to represent the legal entity shall sign and stamp for confirmation.

13.6.A request submitted in electronic form by a person or legal entity shall enable to identify the person or legal entity in accordance with the procedures specified in the law.

13.7.If an applicant is unable to sign the application by excuse reasons, his/her legal representative shall sign thereon.

13.8.If a request is submitted jointly by citizens, all the applicants shall sign, or their representatives shall sign and documents proving their representation shall be attached thereto.

13.9.Requirements other than those stipulated by law shall not be specified in the request.

Article 14.Rights and Obligations of Applicant

14.1.The applicant shall have the following rights to obtain information:

14.1.1.to choose the form of receiving information;

14.1.2.not to explain the purpose and reason for obtaining information when obtaining open information;

14.1.3.to get additional explanations on issues related to information;

14.1.4.to ensure explanation of the content of information;

14.1.5.to know official sources of information;

14.1.6.to submit a complaint to the higher-level organization or official of information respondent, or if there is no higher-level organization or official, to the court, if it is considered that the right to receive information has been violated;

14.1.7.to make a request to the relevant information respondent to make the information open data;

14.1.8.others prescribed by law.

14.2.If an applicant considers that his/her right to obtain information has been violated, he/she may submit a complaint to the National Human Rights Commission of Mongolia.

14.3.Person or legal entity shall undertake the following obligations for obtaining information:

14.3.1.to comply with the procedure for obtaining information provided by law;

14.3.2.not to violate the Constitution of Mongolia, other laws, the rights and legitimate interests of others when exercising the right to obtain information;

14.3.3.to determine information to be obtained as possible;

14.3.4.others prescribed by law.

Article 15.Registration and Resolution of Requests for Information

15.1.The information respondent shall receive a request for information, keep a record, and review whether the requirements specified in Article 13 of this law are satisfied, and shall make one of the following decisions:

15.1.1.receive requests and provide information;

15.1.2.transfer a request to the relevant information respondent;

15.1.3.return the request.

15.2.The followings shall be specified in the register specified in Article 15.1 of this law:

15.2.1.name, contact phone number and address of person or legal entity who submitted the request;

15.2.2.brief content of requested information;

15.2.3.year, month, day and form of receiving a request and providing information;

15.2.4.grounds and form of the return if a request is returned;

15.2.5.whether the information was provided in full or in part;

15.2.6.other necessary information.

15.3.If the requirements set forth in Article 13 of this Law are not satisfied, or if the request is re-applied for the previous feedback, or if the information mentioned in the request is not available or cannot be transferred to the relevant authority, the request may be returned and the related grounds shall be clearly described.

15.4.The information respondent shall provide complete, accurate, and clear information related to activities of the organization to person or legal entity based on their requests.

15.5.Information may be provided verbally, in writing, electronically, or in other forms that do not violate the law, and if person or legal entity desire, they may be personally presented with the information.

15.6.Unless otherwise specified in the law, the information respondent receiving the request shall provide the information within the following term:

15.6.1.immediately after receiving the request for information that can be provided directly;

15.6.2.within five working days after receiving a request for information other than that specified in Article 15.6.1 of this law.

15.7.In consideration of the scope of the information and the time required to prepare the information, an authorized official of the information respondent may extend time specified in Article 15.6 of this law up to 10 working days.

15.8.If the request is made jointly by citizens, the information will be given to the person authorized to represent them.

15.9.Records shall be kept reflecting information such as the year, month, day of the information provided, the name of an official who prepared a response, the form in which the information was provided, and whether the information was provided in full or in part.

15.10.When the requester is notified of an electronic link to the information that can be obtained from an electronic database, the request will be considered resolved.

Article 16.Cost of Information Service

16.1.Unless otherwise provided by law, when obtaining information in paper form, a person or legal entity shall pay the expenses incurred in connection with provision of information.

16.2.Costs specified in Clause 16.1 of this Law shall not exceed the direct costs of copying and mailing related to provision of information.

16.3.Unless otherwise specified in the law, a person or legal entity shall not be obliged to pay the costs specified in Article 16.1 of this law for obtaining information in electronic form.

16.4.In accordance with this law, the information respondent shall determine an amount of expenses specified in Article 16.1 of this law, and the government shall approve the methodology for calculating expenses and the procedure for paying, discounting, and exempting expenses.

16.5.The payment of expenses specified in Article 16.1 of this law shall not be doubled with other fees and charges specified in the law.

Article 17.Obligations of Information Respondent for Ensuring Rights to Obtain Information

17.1.Unless otherwise provided by law, the information respondent shall undertake the following obligations to ensure the right of person or legal entity to obtain information:

17.1.1.to publicize a meeting place and time schedule for receiving requests;

17.1.2.to create conditions for person or legal entity to obtain information without delay as per the procedure specified in the law;

17.1.3.to inform in advance regarding any decisions or activities affecting the rights and legal interests of person or legal entity;

17.1.4.to keep records of requests for information and actions taken to resolve them;

17.1.5.to resolve the request for information within the time specified in this law;

17.1.6.to resolve the request for information and give a reply in the form chosen by the requester;

17.1.7.to give a response with grounds if the information mentioned in the request is a closed or restricted information that does not refer to the requester, and if there is no consent of an owner of information, or if the request does not meet the requirements stipulated by law;

17.1.8.to report actions to the higher authority on annual basis that are taken to ensure the fulfillment of this law;

17.1.9.to keep the information specified in Article 8 of this law transparent and open, meet the conditions for viewing open information on the website, and update information from time to time;

17.1.10.to publish open data that meet the relevant conditions and requirements in the state unified open data system as per the list of open data within the period specified in Article 12.6 of this law, and update it from time to time;

17.1.11.others prescribed by law.

17.2.The information respondent shall not obstruct the person or legal entity to exercise their rights to obtain information.

CHAPTER FOUR

PUBLIC INFORMATION INFRASTRUCTURE

Article 18.Public Information Infrastructure

18.1.Public information infrastructure consists of the main system, support system, information respondent's system, information network and public database.

18.2.The main system, support system, and information respondent's system specified in this law are subject to the public information system.

18.3.The main system is a state information exchange system that enables the use and exchange of information by state organizations, individuals, and legal entities.

18.4.The support system is an independent information system with the purpose of ensuring the normal, reliable and safe operation of the main and information respondent's systems.

18.5.The following systems are included in the support system:

18.5.1.identification and access system;

18.5.2.public key infrastructure;

18.5.3.shared system of correspondence exchange;

18.5.4.information exchange registration system;

18.5.5.notification delivery system;

18.5.6.unified system of civil services;

18.5.7.payment settlement system;

18.5.8.others prescribed by law;

18.5.9.other systems deemed necessary by the government.

18.6.The information respondent's system should be in compliance with the communication and information technology direction and information security standards adopted by the government.

18.7.The information respondent, person or legal entity shall meet the conditions and requirements specified in Article 18.11 of this law and other laws when connecting to the main or support system.

18.8.The state central administrative body in charge of digital development and communication issues shall create the main system under the decision of the Government, and will be responsible for organizing and monitoring the operation of the system.

18.9.The main system shall be used for electronic exchange of information between the information respondents, and from information respondent to person or legal entity.

18.10.The Government shall approve the procedure for regulating the operation of the main system, providing services using the system, and exchanging information.
18.11.The state central administrative body in charge of digital development and communication issues shall approve the technical conditions, requirements, instructions and methods of the main system and support system.

18.12.The main system will be placed in the territory of Mongolia.

18.13.The information respondent shall not request the information from the person or legal entity that can be obtained and exchanged through the main system specified in Article 18.3 of this law, when providing services to a person or legal entity.

18.14.The information respondent shall download the information specified in 18.13 of this Law from the main system specified in 18.3 of this Law.

18.15.A legal entity other than the information respondent may provide its services to person or legal entity by using the main and support systems, meeting the conditions and requirements specified in Article 18.11 of this law.

18.16.If a legal entity specified in Article 18.15 of this law provides services using the main and support systems, it shall make a contract with the state central administrative body in charge of digital development and communication issues.

18.17.The Government shall approve the contract template, the cost estimation methodology, and the procedure for concluding the contract specified in Article 18.16 of this law.

18.18.The public information infrastructure shall use the national time standard set by the competent authority.

18.19.Funds equal to 50 percent of the revenue collected in the budget for services provided through the integrated system of state services shall be financed from the budget for the development of basic and supporting systems and for ensuring normal operation.

/This paragraph was added by the Law as of November 11, 2022 and shall enter into force on January 1, 2023/

Article 19.Identification and Access System

19.1.The state shall identify an individual or legal entity using digital signatures and identification and access systems with methods and tools determined by the Government when providing services to an individual or legal entity in an electronic form.

Article 20.Public Key Infrastructure

20.1.Relations with respect to public key infrastructure shall be regulated by the law.

Article 21.Shared System of Correspondence Exchange

21.1.The information respondent shall connect to and use the shared system of official correspondence exchange when sending and receiving official letters electronically other than the official e-mail.

21.2.A person or legal entity may connect to and use the shared system of official correspondence exchange with the information respondent when sending and receiving official letters electronically other than the official e-mail.

Article 22.Information Exchange Registration System

22.1.The information exchange registration system shall record the information sent and received by the main system, as well as the time of sending and receiving, the sender and recipient, the unique value indicating the content of the information and other information.

Article 23.Notification Delivery System

23.1.The information respondent shall deliver notices electronically to person or legal entity using the notification delivery system in the following cases:

23.1.1.closed and restricted information referred to a person or legal entity was accessed by other entities;

23.1.2.information on the process of resolution and decisions of requests and complaints made to the information respondent;

23.1.3.notice to person or legal entity of the need to receive public services;

23.1.4.payment of taxes and fines or penalty;

23.1.5.date of the referendum and election day.

23.2.The information respondent may inform the person or legal entity regarding the notification that can be received and the form in which it can be received, except as specified in Article 23.1 of this law.

23.3.An e-mail address for a person with a civil registration number specified in 4.1.1 of the Law on Civil State Registration and for a legal entity with a legal entity's state registration number shall be created in the notification delivery system at the request of a person or legal entity.

23.4.Person or legal entity may use e-mail addresses other than those specified in Article 23.3 of this Law on the basis of registration in the notification delivery system.

23.5.Clause 23.1.1 of this law shall not apply if the closed and restricted information is transmitted to the competent authority within the scope of duties.

Article 24.Unified System of Civil Services

24.1.The unified system of civil service is a means of delivering public information, state and other services to person or legal entity in electronic form.

24.2.The information respondent shall provide the services to person or legal entity in electronic form using the unified system of civil service.

24.3.The government shall approve a template of reference and description to be provided by information respondent through the unified system of civil service.

24.4.An electronic document with a unique number issued by the unified system of civil service is valid as a paper document.

Article 25.Payment Settlement System

25.1.Relations with respect to the payment settlement system shall be regulated by the law.

Article 26.Integrated State Information Network

26.1.Relations with respect to the integrated state information network shall be regulated by the law.

Article 27.Public Database

27.1.The public database has the following types:

27.1.1.basic database;

27.1.2.specialized databases;

27.1.3.corporate database.

27.2.The basic database shall be established by the organization authorized by law in accordance with the law, and such database shall be a primary source.

27.3.The database specified in Article 6, 7, and 8 of the General Law on State Registration and Article 9 of the Law on Geodesy and Cartography shall apply to the basic database.

27.4.The specialized database shall be created based on the information of the basic database, or within the scope of duties of information respondent specified by the law.

27.5.The corporate database shall not apply to the basic or specialized database. It is subject to the database for internal operations of information respondent.

27.6.It is prohibited to create a database overlapping with the basic or specialized database.

27.7.Basic and specialized databases will be placed in the territory of Mongolia.

27.8.The information respondent shall register any events with the state central administrative body in charge of digital development and communication issues for creating basic and specialized databases in electronic form, restructuring, or decommissioning.

27.9.The Government shall approve the conditions and registration procedures for creating basic and specialized databases in electronic form, restructuring, or decommissioning.

27.10.The public database to be created in electronic form shall have a unified classification, code and description.

27.11.Unless otherwise specified in the law, the unified classification, code, and description specified in Article 27.10 of this law shall be approved jointly by the state central administrative body in charge of digital development and communication issues and the relevant information respondent.

CHAPTER FIVE

GOVERNMENT DIGITAL OPERATION

Article 28.General Planning of Public Information Infrastructure

28.1.The Government shall approve the general planning of public information infrastructure.

28.2.The information respondent shall issue and implement the corporate public information infrastructure planning in compliance with the general planning specified in Article 28.1 of this law.

28.3.The Government shall approve the general procedure for public information infrastructure planning.

Article 29.Establishment of Public Information System

29.1.The information respondent shall engage the state central administrative body in charge of digital development and communication issues to provide recommendations and conclusions on the following issues prior to creating a public information system:

29.1.1.inter-connection between public information systems;

29.1.2.economic efficiency of public information system;

29.1.3.conformity of technology to be used and suitability for human use;

29.1.4.solution for safety and reliability;

29.1.5.other necessary issues.

29.2.The strategic plan and public information infrastructure projects, programs and measures specified in Article 34.1.2 of this law shall be consistent with the general planning set forth in Article 28.1 of this law and the guidelines set forth in Article 32.1.10 of this law.

29.3.The Cabinet member in charge of digital development and communication issues shall approve the procedure for issuing recommendations and conclusions for activities specified in Articles 29.1 and 29.2 of this law.

Article 30.Execution of Electronic Documents

30.1.Unless otherwise specified by law, the information respondent shall rely on electronic documents when processing, transmitting, receiving, storing, protecting and using documents.

30.2.Government organizations and officials shall use the official e-mail and the support system specified in Articles 21, 23, and 24 of this law when communicating electronically within the scope of their duties specified in the law.

30.3.Documents not executed in electronic form can be converted into electronic documents.

30.4.Electronic document management shall be governed by the procedure specified in Article 34.2 of the Law on Archives and Records Management.

30.5.Unless otherwise provided by law, electronic documents are valid in the same way as paper documents.

CHAPTER SIX

PUBLIC INFORMATION INFRASTRUCTURE AND GOVERNMENT DIGITAL OPERATION SYSTEM

Article 31.Powers of the Government for Public Information Infrastructure and Government Digital Operations

31.1.The Government shall exercise the following powers for the public information infrastructure and the government digital operations:

31.1.1.to create public information infrastructure and open data, solve and reflect funds required for the implementation of government digital operations in an annual budget, provide equipment and machinery, innovate products, services, and technology, approve and implement human resource development projects and programs;

31.1.2.to approve a procedure for unified record of electronic projects, programs, and measures related to public information infrastructure and government digital operations;

31.1.3.others prescribed by law.

Article 32.Functions of State Central Administrative Body in Charge of Digital Development and Communication Issues

32.1.The state central administrative body in charge of digital development and telecommunication issues shall perform the following functions:

32.1.1.to develop a general planning draft of public information infrastructure, and government policy for public information infrastructure, government digital operations and open data;

32.1.2.to ensure the implementation of legislations and decisions of the Government and other authorized organizations on public information infrastructure, government digital operations and open data;

32.1.3.to approve and implement rules, regulations, instructions, and methods as authorized by law with respect to public information infrastructure and government digital operations;

32.1.4.to take measures to improve operations of the main system and support system;

32.1.5.to develop proposals for improving the legal framework for public information infrastructure and government digital operations;

32.1.6.to develop cooperation with international public information system organizations or such organizations of foreign countries and regions;

32.1.7.to maintain a unified record of electronic projects, programs, and measures related to public information infrastructure and government digital operations;

32.1.8.to make recommendations and conclusions on the public information system to be implemented by the information respondent in accordance with Article 29 of this law;

32.1.9.to monitor the implementation of general planning of public information infrastructure;

32.1.10.to approve the guidelines for the technology used in the development of public information infrastructure and open data, and monitor its implementation;

32.1.11.to maintain records of basic and specialized databases and open data;

32.1.12.to approve the structure and job vacancy within the framework of rules, strategies, operational plans and approved budget the national data center;

32.1.13.to provide professional and methodological management to the units and officials responsible for the public information system and digital operations of the information respondent;

32.1.14.to organize the implementation of procedures, instructions and methods related to the main system and support system;

32.1.15.to be responsible for the main system, support system, and integrated state open data system;

32.1.16.to provide the information respondent with professional and methodological guidance on the creation of open data;

32.1.17.to develop conditions, requirements and standards of open data and ensure an approval by the competent authority;

32.1.18.to publicize public information infrastructure, government digital operations and open data to the public, and to organize events and trainings to raise awareness of civil communications and information technology;

32.1.19.to develop a draft procedure for maintaining website, uploading, publishing, updating and monitoring transparent and open information in electronic form as specified in Article 8.16 of this law;

32.1.20.to oversee the implementation of the functions stated in Article 3211 of this Law and provide with recommendations and directives;

/This sub-paragraph was added by the Law as of November 11, 2022 and shall enter into force on January 1, 2023/

32.1.21.others prescribed by law.

/The numbering of this sub-paragraph was amended as "32.1.21" by the Law as of November 11, 2022 and shall enter into force on January 1, 2023/

32.2.The functions specified in 32.1.4, 32.1.13, 32.1.14, 32.1.15, 32.1.16, and 32.1.18 of this Law may be performed by other entities in accordance with the relevant legislation.

Article 321.State administrative body in charge of public services

/This article was added by the Law as of November 11, 2022 and shall enter into force on January 1, 2023/

321.1.The state administrative body in charge of public services shall perform the following functions:

/This paragraph was added by the Law as of November 11, 2022 and shall enter into force on January 1, 2023/

321.1.1.to receive, register, and resolve requests for receiving public services made by individual and legal entities, transfer them to the competent authorities for resolving, and promptly organize the work of notifying individuals and legal entities of their responses;

/This sub-paragraph was added by the Law as of November 11, 2022 and shall enter into force on January 1, 2023/

321.1.2.to comply with and organize the implementation of legislation, decisions, rules and procedures of the Government and other competent authorities regarding the public services provided by the state;

/This sub-paragraph was added by the Law as of November 11, 2022 and shall enter into force on January 1, 2023/

321.1.3.to approve the rules and procedures to be adhered to in its activities in accordance with this Law and other legislation, and ensure their implementation;

/This sub-paragraph was added by the Law as of November 11, 2022 and shall enter into force on January 1, 2023/

321.1.4.to advise and provide information to individuals and legal entities on issues related to public services provided by the state;

/This sub-paragraph was added by the Law as of November 11, 2022 and shall enter into force on January 1, 2023/

321.1.5.to take measures to improve the delivery of public services, develop cooperation with other organizations and foreign organizations;

/This sub-paragraph was added by the Law as of November 11, 2022 and shall enter into force on January 1, 2023/

321.1.6.to develop the subsystems to work in connection with the main and other systems with functions of receiving, registering, transferring and responding to requests for receiving services made by individuals and legal entities, and ensure their normal operation;

/This sub-paragraph was added by the Law as of November 11, 2022 and shall enter into force on January 1, 2023/

321.1.7.to effectively organize the delivery of public services at the local level;

/This sub-paragraph was added by the Law as of November 11, 2022 and shall enter into force on January 1, 2023/

321.1.8.based on the experience of foreign countries, regularly organize training and other relevant events in the field of training and qualification of public service delivery personnel, improving communication culture, and supervise their activities;

/This sub-paragraph was added by the Law as of November 11, 2022 and shall enter into force on January 1, 2023/

321.1.9.others prescribed by law.

/This sub-paragraph was added by the Law as of November 11, 2022 and shall enter into force on January 1, 2023/

321.2.State administrative body in charge of public services, their local departments, divisions, and units shall carry out the functions specified in Article 321.1 of this law, except for the state body in charge of basic databases.

/This paragraph was added by the Law as of November 11, 2022 and shall enter into force on January 1, 2023/

321.3.The body specified in Article 321.2 of this Law shall carry out the services of the state administrative bodies or the organization whose management is appointed by the State Great Khural without branches or units in the local area.

/This paragraph was added by the Law as of November 11, 2022 and shall enter into force on January 1, 2023/

321.4.Cabinet member in charge of digital development and communication issues shall approve the structure and staff of the state administrative body in charge of public services, and appoint and release the heads of departments, divisions and units in the Capital city and local areas.

/This paragraph was added by the Law as of November 11, 2022 and shall enter into force on January 1, 2023/

321.5.The Head of the state administrative body in charge of public service issues shall appoint and release the employees working in the organization within the structure and staff limit approved in accordance with Article 321.4 of this Law, and approve the structure and staff of local departments, divisions, and units.

/This paragraph was added by the Law as of November 11, 2022 and shall enter into force on January 1, 2023/

321.6.The heads of the department, division or unit of the state administrative body in charge of public services issues in the Capital city or local area shall appoint and release the employees who will work in the given organization.

/This paragraph was added by the Law as of November 11, 2022 and shall enter into force on January 1, 2023/

321.7.The relevant state and local self-governing bodies and governors of all levels shall support the implementation of the functions specified in Article 321.1 of this law.

/This paragraph was added by the Law as of November 11, 2022 and shall enter into force on January 1, 2023/

321.8.The Government shall approve the list of public services and procedures for providing public services to individuals and legal entities by the state administrative body in charge of public services issues, its local departments, divisions, and units.

/This paragraph was added by the Law as of November 11, 2022 and shall enter into force on January 1, 2023/

321.9.Certain functions specified in Articles 321.1.1, 321.1.6, and 321.1.8 of this Law may be performed by other persons on the basis of a contract.

/This paragraph was added by the Law as of November 11, 2022 and shall enter into force on January 1, 2023/

Article 33.National Data Center

33.1.The National Data Center will work under the state central administrative body in charge of digital development and communication issues.

33.2.Basic and specialized databases and their resources will be stored in the National Data Center.

33.3.Corporate database resources may be stored in the National Data Center.

33.4.The system of information respondent can be placed in the National Data Center.

33.5.The National Data Center shall perform the following functions:

33.5.1.to create a connection to exchange information through the main system;

33.5.2.to develop technical conditions and requirements for the information system of legal entities related to the main system;

33.5.3.to create, store, and protect operating records of the main and support systems, and provide information to relevant organizations;

33.5.4.others prescribed by law.

33.6.Information respondent may establish a data center that meets the requirements of the standard within the scope of its functions stipulated by the law, and shall coordinate its activities with the National Data Center.

Article 34.Obligations of Information Respondent for Public Information Infrastructure

34.1.The information respondent shall have the following obligations for the public information infrastructure:

34.1.1.to ensure continuous and normal operation of information system connected to the main system and support system;

34.1.2.to transfer branch and corporate activities and services to electronic form, and have a strategic plan for introduction of advanced technology;

34.1.3.to be responsible for the registration, storage and protection of actions performed in the information system;

34.1.4.to be responsible for the creation, modification, storage, protection, and security of databases created within the scope of functions and operations;

34.1.5.to create conditions for electronic use of the responsible database by person or legal entity;

34.1.6.to upload open data in the information system in a readable form, ensure an opportunity for person or legal entity to use it, and connect it to the unified state open data system;

34.1.7.to connect the responsible information system to the public information infrastructure that meet the conditions and requirements specified in Article 18.11 of this law;

34.1.8.to provide services related to their functions to person or legal entity in electronic form and using public information infrastructure;

34.1.9.to register creation of database in electronic form, restructuring, or decommissioning in accordance with Article 27.8 of this law;

34.1.10.to approve the procedure related to the use of system, the creation and use of corporate database, as well as ensuring internal security by information respondent, unless otherwise provided by law;

34.1.11.to ensure the implementation of legislations and decisions made by the Government and other authorized organizations on public information infrastructure at the level of affiliated organizations.

CHAPTER SEVEN

RIGHTS AND OBLIGATIONS of PERSON AND LEGAL ENTITY FOR PUBLIC INFORMATION INFRASTRUCTURE AND GOVERNMENT ELECTRONIC OPERATIONS

Article 35.Rights and obligations of person and legal entity for public information infrastructure and government electronic operations

35.1.Person or legal entity shall have the following rights for public information infrastructure and government electronic operations:

35.1.1.to review, copy and transmit personal information in the public database;

35.1.2.to choose the form of receiving notifications, and reject notifications in whole or in part, except as specified in Article 23.1 of this law;

35.1.3.to receive services provided by the government in electronic form and using public information infrastructure.

35.2.Person or legal entity shall have the following obligations for public information infrastructure and government electronic operations:

35.2.1.to use restricted information based on the consent of an owner of the information;

35.2.2.not to transmit or disclose restricted information obtained in accordance with the law without the consent of an owner of the information;

35.2.3.not to disclose to others the confidentiality of login names, passwords, other security methods and tools used in the public information infrastructure;

35.2.4.not to attack public information infrastructure and confidential or protected systems and information, not to create malfunctions, not to access other people's rights or passwords;

35.2.5.to notify a respondent of public information system immediately in case of loss, damage or misappropriation of the login name, password, or confidentiality of other security devices used in the public information infrastructure, or it is deemed that an unauthorized person has used or third party might know, or accessed without his/her permission.

CHAPTER EIGHT

MISCELLANEOUS

Article 36.Liability for Violation of Legislation

36.1.If the act of an official who violates this law is not criminal, he or she shall be liable as provided in the Civil Service Law, or Labor Law.

36.2.Any person or legal entity that violates this law shall be charged with the liabilityy specified in the Criminal Law or the Infringement Law.

Article 37.Arrangements during the Transition Period

37.1.Prior to the compliance with this law, a legal entity providing services using the public information systems shall take measures to meet the requirements of this law within the period determined by the state central administrative body in charge of digital development and communication issues.

37.2.An entity specified in Clause 37.1 of this law shall submit a request to conclude a new contract to the state central administrative body in charge of digital development and communication issues by January 1, 2023, and conclude the contract.

Article 38.Entry into force of the Law

38.1.This law shall be entered into force from May 1, 2022.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA G.ZANDANSHATAR