Archivos de la etiqueta: Legislación de Mongolia

12Jun/18

The Law of Mongolia on Telecommunications, October 18, 2001 

Ley, Mongolia, , , ,

The Law of Mongolia on Telecommunications, October 18, 2001 (Amended by the aw of May 15, 2003, the Law of January 27, 2005, the Law of December 19, 2008, the Law of  July 08, 2010, the Law of December 15, 2011, the Law of July 01, 2014)

 

 

October 18, 2001 Ulaan baatar

 

 

CHAPTER ONE.- GENERAL PROVISIONS

 

 

Article 1. Purpose of this Law

 

1.1 The purpose of this Law is to regulate relations between State, citizen and legal persons engaged in the creation, utilization and protection of communications network in Mongolia.

 

 

Article 2. Legislation on communications

 

2.1 The legislation on communications is comprised of the Constitution of Mongolia, this law and other acts of legislations consistent with those laws.

 

2.2 If an international treaty to which Mongolia is a party is inconsistent with this law, then the provisions of the international treaty shall prevail.

 

 

Article 3. Definitions of terms

 

3.1 In this law the below mentioned terms shall have the following meanings:

 

3.1.1 “Line” means any conductors (such as wire, capacity) used for broadcasting, transmitting and receiving information and complex of insulators, ducts, poles, towers and other materials used for their protection.

 

3.1.2 “Network” means a set of lines used for broadcasting, transmitting and receiving information between two or more users, furthermore a device system for receiving, sorting, transporting and delivering mail.

 

3.1.3 “Operation” means the repair, maintenance, testing and adjustment of communications network for its sustainable functioning.

 

3.1.4 “Service” means a delivery of service providing satisfaction of communications and information demands of customers through communications network.

 

3.1.5“Provider” means a legal person or citizen holding license for communications universal service.

(This subparagraph was amended by the Law of May 15, 2003)

 

3.1.6 “Customer” means a citizen or legal person having the right to purchase service in the contract of communications service.

 

3.1.7 “point of interconnection” means an interconnection point of lines and networks between operators, and operator and customer.

 

3.1.8 “Universal service obligations” meansin the frame work of state policy, a delivery of telecommunications’ essential service to population of remote areas and areas without service access, at real cost.

 

3.1.9 “Universal service obligations fund” means assets accumulated for implementation of Universal service obligation.

(Subparagraph amended by the Law of May 15, 2003)

 

3.1.10  “Communications” means all types of technology for telecommunications, radio and television broadcasting, postal service and information as well.

(Subparagraph amended by the Law of May 15, 2003)

 

3.1.11 “Telecommunications service” means transmission of all kinds of information through telecommunications network.

(Subparagraph amended by the Law of May 15, 2003)

 

3.1.12 “Integrated numbering plan” means numerical meanings of codes for identifying international, domestic or local networks and subscribers as well as calling directions.

(Subparagraph amended by the Law of May 15, 2003)

 

3.1.13 “Number portability service” means service allows user to transfer with the number which is using at the present, while quits from account of one telecommunication service provider and registers to other telecommunication service provider.

(Subparagraph added by the Law of July 01, 2014)

 

 

CHAPTER TWO.- POWERS OF STATE BODIES IN RELATION TO TELECOMMUNICATIONS

 

 

Article 4. Powers of State Ih Hural

 

4.1 The State Ih Hural shall elaborate the State policy on communications.

 

 

Article 5. Powers of Government

 

5.1 The Government shall exercise the following full powers on communications:

 

5.1.1 implement the State policy on communications, organize applications of the legislation on communications;

 

5.1.2 set up Communications Regulatory Commission and ratify its Charter.

 

5.1.3 establish Universal Service Obligations Fund and approve procedure of its disbursement.

 

 

Article 6. Powers of the State administrative body in charge of telecommunication

(Title added by the Law of January 27, 2005 and amended by the Law of December 19, 2008)

 

6.1 The State administrative body in charge of telecommunication shall exercise the following powers:

(Provision amended by the Law of January 27, 2005 and by the Law of December 19, 2008)

 

6.1.1 to implement legislation and decisions of the Government on communications;

 

6.1.2 to elaborate policy on Communications

 

6.1.3 to formulate policy on creation of competition in communications market;

 

6.1.4 to approve procedures on establishment of costs for regulatory service to license holders;

 

6.1.5 to approve the integrated numbering plan

 

6.1.6 to elaborate policy on universal service obligations , monitor its implementation

 

6.1.7. to ensure reliability, immediate- responding and quality of communications service and monitor security protection of communications and correspondences privacy

 

6.1.8. to develop policy on qualified manpower in communications sector

(Subparagraph amended by the Law of May 15, 2003)

 

6.1.9. to organize scientific research, to plan and develop technical, technological, organizational plans to ensure stability work of state owned major network in frame of implementation of policy

(Subparagraph amended by the Law of December 19, 2008)

 

6.1.10. to develop projects, assessment and analyze in purpose to expand and development of the state owned major network according to the strategic plans

(Subparagraph amended by the Law of December 19, 2008)

 

6.1.11. to manage investment of the state owned major network, to conclude network operation agreements with providers

(Subparagraph amended by the Law of December 19, 2008)

 

6.1.12. to accumulate capital in universal service fund, spend it in intended purpose, report the implementation to the Prime Minister

(Subparagraph amended by the Law of December 19, 2008)

 

6.1.13. to provide professional and methodical assistance to state administration, administrative units and relevant organizations in purpose of implementation of the state policy on communication

(Subparagraph amended by the Law of December 19, 2008)

 

6.1.14 other powers stipulated in the Legislation.

(Paragraph amended by the Law of May 15, 2003 and by the Law of December 19, 2008)

 

6.2 Authorized body, which is appointing and dismissing agree on designated candidates for administration of fully and partially state owned legal entities which is providing communication service shall consent with state administrative body in charge of communication.

(Paragraph amended by the Law of January 27, 2005 and by the Law of December 19, 2008)

 

 

Article 7. Powers of Governors at all territorial levels

 

7.1. Governors at each territorial level shall exercise the following powers on communications:

 

7.1.1 to undertake measures to improve communications service on their territories in collaboration with relevant authorities.

 

7.1.2 to approve and monitor schedules of mail delivery in their territories; to undertake measures for allocation of identifiable addresses in each street, square, building, apartment and fence in the capital city, subprovince (soum), district, subdivision (bag) and subdistrict (khoroo).

(Subparagraph edited by the Law of May 15, 2003)

 

7.1.3 to organize rehabilitation works of damages and deficiencies in communications network due to emergence case of natural disaster and force majeure.

(Subparagraph edited by the Law of May 15, 2003)

 

7.1.4 to support and assist initiatives to establish and utilize radio, television and other communications networks;

(Subparagraph edited by the Law of May 15, 2003)

 

7.1.5. other powers stipulated in the legislation.

(Subparagraph edited by the Law of May 15, 2003)

 

 

Article 8. Communications Regulatory Commission

 

8.1. The Regulatory Commission for Communications /hereinafter “Regulatory Commission“/ shall work with duties to develop effective and fair competition environment for market participants such as business entity of all type property, citizen, to issue license, to make professional analysis and decisions.

(Paragraph amended by the Law of December 15, 2011)

 

8.2. The Regulatory Commission shall consist of the Chairman and nonexecutive 6 Members.

 

8.3. The Prime Minister nominates Chairman and members of Regulatory Commission.

(Paragraph amended by the Law of January 27, 2005 and the Law of December 19, 2008)

 

8.4. The term of office of both the Chairman and Members shall be 6 years. Terms of the first nomination of Members of Regulatory Commission shall be 2,4 and 6 years, and further they shall be nominated for a 6 year term.

 

8.5. The Chairman of Regulatory Commission can be re-nominated for one more term.

 

8.6 Persons to be nominated as the Chairman and the Members of Regulatory Commission shall be citizens of Mongolia, who have worked by their profession minimum 5 years and met the following requirements:

 

8.6.1 Having university degree in legal, economics, information communications, management or technical field; highly qualified and experienced, skillful organizer.

 

8.6.2 The Chairman and Members of the Regulatory Commission shall not be persons who posses 20 or more than 20 per cent of common stock of the service provider or persons with common interests with the late.

 

8.7. The Chairman and Members of the Commission shall have rights of State Inspectors.

 

8.8. The Regulatory Commission shall have working staff.

 

8.9. The Regulatory Commission shall have local sub-councils comprised of  onexecutive members.

 

8.10. The Regulatory Commission shall be funded by fees for regulatory services provided to licensees and payments for use of radio frequencies and other services.

 

8.11. The Government shall ratify the annual budget of Regulatory Commission. The Regulatory Commission shall report to the Government its budget performance and work each year.

 

8.12. The Regulatory Commission shall have its financial report audited and published annually.

 

8.13. The Regulatory Commission’s some duties that provided by the law could be carried out by others on the basis of a contract.

(Paragraph added by the Law of July 01, 2014)

 

 

Article 9. Powers of Regulatory Commission

 

9.1 The Regulatory Commission shall exercise the following powers:

 

9.1.1 to furnish authorized organizations with information and develop proposals on the State policy on communications;

 

9.1.2 to grant, suspend and revoke licenses, monitor applications of license conditions and requirements, establish contracts within the framework of policies on communications;

(Subparagraph amended by the Law of December 15, 2011)

 

9.1.3 to determine technical conditions and requirements for equipment of communications network and customers, and certify;

 

9.1.4 to approve general terms of interconnection agreements between networks and procedures of revenue distribution;

 

9.1.5 to approve accounting methodologies for service tariffs, monitor service tariffs dominating at the market;

 

9.1.6 to create conditions for fair competition in communications sector;

 

9.1.7 to ensure implementation of universal service obligations;

 

9.1.8 to work out communications standards, have them duly approved by relevant authorities, and monitor their applications;

 

9.1.9 to elaborate an integrated numbering plan of networks and implement it;

 

9.1.10 to make radio frequency allocations and conduct monitoring;

 

9.1.11 to determine regulatory service fees stipulated in 6.1.4 of this Law.

 

9.1.12 to settle various disputes between license holder and customers within its specified powers.

 

9.1.13 to introduce (domesticate), manage, implement the number portability service, to approve relevant regulation to this service

(Subparagraph added by the Law of July 01, 2014)

 

9.1.14 other powers stipulated in the legislation

(Subparagraph amended by the Law of July 01, 2014)

 

 

Article 10. The Post Telecommunications Authority

(Article repealed by the Law of December 19, 2008)

 

 

CHAPTER THREE.- UNIVERSAL SERVICE OBLIGATION FUND

 

 

Article 11 Universal Service Obligations Fund

 

11.1. The Universal Service Obligations Fund shall be accumulated and disbursed with purpose of construction of new networks, expansion and renovation of existing network, providing necessary telecommunications service to remote areas and populations without access.

 

11.2. The Universal Service Obligations Fund shall be formed from the following sources:

 

11.2.1. donation, loan and aid grants;

 

11.2.2. others

 

11.3. Universal Service Obligations Fund shall be disbursed only for purposes stipulated in article 1.1. of this Law.

 

 

CHAPTER FOUR.- LICENSE

 

 

Article 12 License

 

12.1 The Regulatory Commission shall grant a license to a legal person and citizen planning to conduct the following activities on the territory of Mongolia:

 

12.1.1 to provide service specified in article 15.8.7 of Law on licensing.

(Subparagraph amended by the Law of May 15, 2003)

 

12.1.2. to use radio frequency and radio spectrum

(Subparagraph amended by the Law of May 15, 2003)

 

12.1.3. (Subparagraph repealed by the Law of May 15, 2003)

 

12.2 A term of licenses shall not exceed 20 years.

 

12.3 The Regulatory Commission shall register communications service, operation and manufacturing by citizens or legal persons except the mentioned in the 12.1 of the Law.

 

 

Article 13. Documents for applications for license

 

13.1 The citizen and legal person applying for license shall forward to the Regulatory Commission its application with documents spelled out in the law.

 

13.2 The application for license shall enclose documents stipulated in the legislation, and additionally shall enclose the following documents:

 

13.2.1 Accounting and information on the applicant’s capability in finance, economic and technical resources as well as in professional capacity;

 

13.2.2 Information on its activities. (Coverage of its service, location, technology and tariff offer.)

 

 

Article 14. Issuance of license and refusal of license application

 

14.1 If the Regulatory Commission grants the license, then it shall conclude contract with the licensee. The Contract includes:

 

14.1.1 specific region to be covered and service access;

 

14.1.2 technological specifications of communications lines, network and equipment;

 

14.1.3 prevention measures and obligations in case of emergency circumstances of war and natural calamities;

 

14.1.4 pre-conditions for the interconnection;

 

14.1.5 rights and duties of the Regulatory Commission and the licensee.

 

14.1.6 other.

 

14.2 The license applied for shall be refused by the Regulatory Commission if:

 

14.2.1 there is not radio frequency bandwidth which the applicant requested for;

 

14.2.2 The applicant has not been furnished with financialeconomical, technical and professional capacity required to set up and operate communications network;

 

14.2.3 safety or interest and national securities aspects would be prejudiced as a result of license being granted;

 

14.3 If several applications are submitted for a license for one area then there shall be selection tendering.

 

 

Article 15. Revoking a license

 

15.1 Apart from those provisions specified in the Law on licensing, the Regulatory Commission shall be entitled to revoke licenses if:

 

15.1.1 The Licensee fails to comply with its obligations under the Communications laws and contract.

 

15.1.2 The Licensee discloses privacy of communications and correspondences relations;

 

15.1.3 The Licensee has not started its business specified in the license for 1 year since its issuance.

 

15.1.4 The Licensee conducts activities not specified in the Law and contract.

 

15.2 The Regulatory Commission shall not be liable for any claim for damages derived from the revocation of license under the provision of Article 15.1;

 

15.3 If there is disagreement in connection to revocation and suspension of license, any claim shall be submitted to the Court.

 

 

CHAPTER FIVE.- COMMUNICATIONS NETWORK

 

 

Article 16. Types of communications network

 

16.1 Communications network shall consist of telecommunications, postal service, radio and television broadcasting and information /Internet, computer and other/ networks.

 

16.2 Communications network shall be classified as public service and internal or special usage networks according to their purposes;

 

 

Article 17 . Telecommunications network

 

17.1 Telecommunications network includes all lines, equipment and other facilities required for transmission or reception of signs, signals, sounds, images and other information between customers.

 

17.2 Backbone telecommunications network means public network which consists of international and domestic long distance transmission, and international long distance switching facilities. The Backbone network may belong to State property.

 

17.3 The possessor of telecommunications network shall organize a network through integrated technical and technological management, which operates without interruptions.

 

17.4 The backbone network may be constructed and possessed by all type property entity and individuals.

 

 

Article 18. Postal service network

 

18.1. All postal network, its usage, service related relations shall be regulated by the Law.

(Paragraph amended by the Law of May 15, 2003)

 

 

Article 19. Radio and Television Broadcasting network

 

19.1Radio and Television broadcasting network comprise of all equipment and facilities required for transmission or reception of radio and television broadcasts.

 

19.2 The radio and television broadcasting network shall be used by the program producers of radio and television broadcasting on the basis of contract with the service- provider

 

 

Article 20. Communications network for special purpose

 

20.1 For the purpose to ensure defense and security of Mongolia and to keep civil protection, criminal and social orders, state or local administrative bodies shall establish and operate communications network for special purpose.

 

20.2 The communications network for special purpose shall be under protection of the State.

 

20.3 The Government of Mongolia shall determine proce contract concluded with the operator- service provider.

 

20.5 Confidentiality and protection of the information of communications for special purpose during transmission through communications network shall be carried by the body specified in Article 20.1.

 

 

Article 21. Communications network for internal purpose

 

21.1 Any enterprise and business entity may establish and operate communications network for internal needs, which allows prompt coordination of its technological management.

 

21.2 Based on the license issued by the Regulatory Commission it shall be allowed to be interconnected to backbone telecommunications network and provide service.

 

 

Article 22. Connections to communications network

 

22.1 The possessor of network for special and internal purposes, and possessor of newly constructed network shall bear all responsibility in respect to additional lines and equipment required to demarcation points of interconnection with network possessed by other persons.

 

22.2 Within its technical capability, the operator shall provide conditions for connections of other network to own network without any hindrance.

 

22.3 The network demarcation point shall be determined by the Regulatory Commission.

 

 

Article 23. Mobilization of communications network

 

23.1 Pursuant to the event of imposition of war and martial law, or extreme natural emergency conditions in Mongolia, the communications network shall be mobilized in accordance with the legislation.

 

 

CHAPTER SIX.- RIGHTS AND OBLIGATIONS OF SERVICE PROVIDER AND CUSTOMER

 

 

Article 24. Responsibilities of service provider

 

24.1 Rights, obligations and responsibilities of the service providers and customers shall be regulated by contract in accordance with the Civil Code.

 

 

Article 25. Provider’s rights and obligations.

 

25.1 The Provider shall enjoy the following rights:

 

25.1.1 To determine tariff for communication services on the basis of method provided by the Regulatory Commission.

 

25.1.2 To cease provision of the service and terminate contract if the customer fails to fulfill contract obligations.

 

25.1.3 Other rights specified in the contact.

 

25.2 The service provider shall have the following obligations:

 

25.2.1 to ensure to the provision to customer without discrimination, of reliable service in accordance with the license.

 

25.2.2 to be subject to provisions and rules of technical and technological requirements as well as standards of communications operations, service and expansion;

 

25.2.3 to notify in advance both the Regulatory Commission and customers on any new replacement, expansion, modification of service and temporary interruption of communications equipment.

 

25.2.4 To protect and keep privacy of all information and data transmitted through communications network.

 

25.2.5 allow usage of the network by others without any prevention in accordance with the legislation in the case of circumstances stipulated in Article 23.1 of this Law;

 

25.2.6 not to interrupt communications service except those fixed in the legislation, to bear all responsibility under the Civil Law if any loss occurred to customers.

 

25.2.7 to give required information to the Regulatory Commission on specified time.

 

25.2.8 to connect authorized bodies to the communication network, to provide conditions to use it in accordance regulation specified in article 9.1.1. of Law on intelligence activities

(Subparagraph added by the Law of July 08, 2010)

 

25.2.9. to compose technical conditions of telecommunication number portability within providers .

(Subparagraph added by the Law of July 01, 2014)

 

25.2.10. other powers stipulated by the law and contract.

(Provision added by the Law of July 08, 2010 and by the Law of July 01, 2014)

 

25.3 The employee of service providing body shall have free access to maintain and repair its own communications lines, network housed in the premises of state-protected enterprises and organizations.

 

25.4. (Paragraph repealed by the Law of May 15, 2003)

 

 

Article 26. Rights and obligations of customers

 

26.1 The customer shall have the following rights:

 

26.1.1 to select and use the certified equipment, which complies with standards and technical requirements of communications network.

 

26.1.2 to demand the repair of deficiencies occurred in communications network on the time specified in contract and get information on it.

 

26.1.3 to claim compensation under the Civil Code if stopped the service or did not operate the equipment for reason other than specified in article 23.1 of this Law.

(Provision amended by the Law of May 15, 2003)

 

26.1.4 Other rights stipulated in the Contract.

 

26.2 The customer shall have the following obligations:

 

26.2.1 to protect communications network and equipment housed in the customer’s premises or region, and notify service providers on any damages or deficiencies occurred or to be occurred.

 

26.2.2 to pay charges for communications service in time specified in the Contract.

 

26.2.3 to use certified equipment compatible to requirements given by communications service providers.

 

26.2.4 Other obligations stipulated in the Contract.

 

 

CHAPTER SEVEN.- PROTECTION OF COMMUNICATIONS NETWORK

 

 

Article 27. Obligations of legal entity, organization and citizen

 

27.1 The business entity, organization and citizen shall have the following duties in regard to the protection of communications network:

 

27.1.1 obtain permission from the service provider for setting up links and networks, constructing facilities, surveying and mapping of engineering lines and network furthermore in the case of replacement, conduct such work at own expenses.

 

27.1.2 obtain identifiable address and code from post office and if any modification, update on time.

(Subparagraph repealed by the Law of May 15, 2003)

 

27.1.3 to refrain from posting any explosives (weapons, gunpowder, bullets, etc) or radioactive and flammable items (gasoline, fuel, spirits, acid, alkali, etc) and other items prohibited by the customs clearance.

(Subparagraph repealed by the Law of May 15, 2003)

 

 

Article 28. Protection of rights of way

 

28.1. “Protection of rights of way of communications” means an area of land and space designated for communications network assigned from the integrated Land fund of Mongolia. The dimensions of protection rights of way shall be as follows:

 

28.1.1 an area 10 meters on either side of all open-air lines;

 

28.1.2 an area 5 meters on either side of all cable lines

 

28.1.3 an area within 300 meters radius of a station established for transmission via microwave station or satellite;

 

28.1.4 any area considered harmful to humans because of the capacity of radio and television transmitting equipment and radio frequency generators.

 

28.2 In accordance with their respective powers, the Central State administrative body and local government shall resolve all aspects in regard to the rights of way of communications network.

 

 

Article 29. Control over protection of rights of ways

 

29.1 The rights of ways of communications shall under control of service provider.

 

29.2 The signs indicating rights of ways of communications shall be erected along directions of the lines.

 

29.3 It shall be prohibited to carry out the following works on the rights of ways:

 

29.3.1 construction of building, erection of ger and fence, and cultivation of trees.

 

29.3.2 disposal of any heavy items, leakage of chemical and caustic substances, which may cause serious damages to, cables.

 

29.3.3 to pass across open-air lines with transportation with excessively tall load.

 

29.4 If the performer of order is entitled to carry out works on rights of ways of communications, then he/she shall obtain approval from service provider of such actions.

 

29.5 The performer of order on rights of ways of communications after completion of works on them shall take actions to restore and refurbish the site to its original state at own expenses.

 

 

CHAPTER EIGHT.- SUPERVISION AND LIABILITIES

 

 

Article 30. Control over communications operations, services and manufacturing

 

30.1 The State Communications inspectors shall conduct control over and inspect compliance with the legislation, technical and technological standards in process of communications operations, services and manufacturing.

 

30.2 The State Communications inspectors in addition to powers specified in the Law of State control and inspection shall have the following powers:

 

30.2.1 to monitor adherence of the legislation of communications and radio frequency, and issuance of licenses, and control and inspect of performance;

 

30.2.2 to inspect implementation and adherence of the relevant technological norms and rules, standards and technical requirements and other legal provisions governing communications operations, services and manufacturing;

 

30.2.3 to terminate unlicensed communications operations, services and manufacturing and unregistered usage of radio frequency.

 

 

Article 31. Adjudicating

 

31.1 The Regulatory Commission and its branch, representative offices shall be entitled within their competence to settle disputes among licensees, and licensee and customer.

 

31.2 If the licensee or customer is not agree to settlement of disputes as mentioned in clause 1 of this article he/she shall have right to submit complaint to the Court.

 

 

Article 32. Liability for breach of the Law

 

32.1 If an infringement of the legislation is held not constitute a criminal offence, state inspectors on communications shall impose on the offending person the following administrative penalties:

 

32.1.1any person who causes damage to any communications equipment installed on common use territories shall be fined between 10000-25000 tugrugs, and business entity or organization shall be fined between 100000- 250000 tugrugs.

 

32.1.2 any person during survey and mapping activities of building and facilities, and engineering lines and network has cut and moved without prior permission communications lines, network housed on that site, and as result of such work made damage to lines, network (communications cables, open-air lines, subscriber cable box, built-in wires, transformer, ducts, post office box, etc.) and made out of order, shall be fined in the case of citizen or officials between 25 000-35 000 tugrugs, in the case of business entity and organization shall be fined between 150 000-250 000 tugrugs.

 

32.1.3 any person who dismantles or defaces any sign erected  along communications lines and network, or causes damage to communications poles, or leaves extraneous items in cable box, manholes, ducts or post office box shall be fined between 3 000 to 10 000 tugrugs, and in the case of business entity and organization shall be fined between 30 000 to 150 000 tugrugs.

 

32.1.4 any person who has made without license an interconnection to communications network, using interconnection acquired transmitted information, and conducted communications operations and service, then such activities shall be terminated immediately, shall be fined between 10 000 to 35 000 tugrugs, and in the case of business entity and organization shall be fined between 50 000 to 250 000 tugrugs.

 

32.1.5 any person who breaches Article 29.3 and 29.4 of this Law shall be fined between 5 000 to 35 000 tugrugs, and in the case of business entity and organization shall be fined between 150 000 to 250 000 tugrugs.

 

32.1.6any person who breaches Article 25.2.6 of this Law shall be fined between        5 000 to 35 000 tugrugs, and in the case of business entity and organization shall be fined between 100 000 to 250 000 tugrugs.

(Subparagraph amended by the Law of May 15, 2003)

 

32.1.7any person who breaches Article 25.2.2 and 25.2.3 shall be fined between     15 000 to 25 000 tugrugs, and in the case of business entity and organization shall be fined between 100 000 to 200 000 tugrugs.

(Subparagraph amended by the Law of May 15, 2003)

 

 

Article 33. Compensation for damage

 

33.1 Damages caused by the guilty party by infringement of the communications legislation shall be compensated in accordance with legislation.

 

 

CHAIRMAN OF STATE IH HURAL OF MONGOLIA

TUMUR.S

01May/18

Law of Mongolia on Information Transparency and Right to Information 16 day 06 of 2011

Ley, Mongolia, ,

Law of Mongolia on the Information Transparency and Right to Information June 16, 2011

Ulaanbaatar

 

CHAPTER ONE.- GENERAL PROVISIONS

 

Article 1. The purpose of the law

1.1. The purpose of this law is to regulate relations pertaining to ensuring  transparency of the state, and rights of citizen, legal entities to seek and receive information.

 

Article 2. Legislation on the Information transparency and Right to information

2.1. The Legislation on the Information transparency and right to information shall consist of the Constitution of Mongolia, Law on the State Secret, Law on Approval of the State classified information list, the Law on Privacy, this law and other legislative acts adopted pursuant to these laws.

2.2. If an international treaty to which Mongolia is a party is inconsistent with this law, then such provisions of the international treaty shall prevail.

 

Article 3. Scope of the law

3.1. This law shall regulate relations with respect following organizations financed by the state and local budget:

3.1.1. Secretariat of the State Ikh Hural (Parliament);

3.1.2. Office of the President;

3.1.3. Government Cabinet;

3.1.4. Administrative office of the National Security Council;

3.1.5. State central administrative or other state administrative organizations;

3.1.6. Judiciary and prosecutor’s offices of all instances;

3.1.7. Institutions established by the State Ikh Hural with exception of the  Government Cabinet;

3.1.8. Administrative offices of local municipal and self-governing bodies, local  government owned or partial ownership legal entities;

3.1.9. State owned or partially owned legal entities;

3.1.10. Non-governmental organizations executing the particular functions of the executive branch in accordance with the 19.1, of Mongolian Law on Government and

3.1.11. Mongolian National Public Radio and Television organization.

3.2. This law shall not apply in ensuring transparency in operation of the armed forces, authority of border protection and intelligence organization.

(Article amended by the Law, of February 16, 2014)

3.3. This Law shall not apply when receiving and resolving petition, comment,  complaint and statements in pursuant to the article 4 of the Law on the resolution of Petition and complaints lodged by citizens to the state organizations and the public official.

 

Article 4. Definition of terms

4.1. The terms found in this law shall bear the following meanings:

4.1.1. “citizen” means a citizen of Mongolia, foreign citizen lawfully residing in Mongolia, or stateless person lawfully residing in Mongolia;

4.1.2. “website” means electronic document and information placed in the internet in public domain;

4.1.3. “electronic document” means digital data that may be generated, transmitted, received and stored using computer, computer software and other similar type of tools;

4.1.4.“digital signature” means digital data, a part of the electronic document, that is generated through the crypto graphical conversion of information using digital signature personal key for the purpose of protecting digital document from forgery or modification;

4.1.5. “regular update ” means a update of a certain information not less than once in 14 days;

4.1.6. “update each case ” means a renewal of a certain information within 3 days in the event the information is amended or modified, or the information is changed in whole;

4.1.7. “placing information in an easily understandable manner” means providing complete conditions to acquaint with the information;

4.1.8. “expenses for information release” means expenses of photocopying, copying, and delivering through mail, and other required expenses for the purpose of releasing information to citizens and legal entities;

4.1.9. “repeated violation” means three or more violations of legislations on  Information transparency and Right to information; and

4.1.10.“serious violation” means illegal concealment of information, forgery,  tampering, and destruction of documents, and violation of citizen’s right to  information in other forms that has led or may have led to significant losses by the state, citizen, business entities and other organizations.

 

Article 5. Principles of the activities to ensure the Information transparency and Right to information

5.1. The following principles shall apply in the activities to ensure the information transparency and right to information:

5.1.1. Rule of Law;

5.1.2. Respect for lawful interests of citizens and legal entities;

5.1.3. Openness of all information with exception of the state classified information in pursuant to the Law;

5.1.4. Independence;

5.1.5. Promptness of the information release activities.

 

CHAPTER TWO.- INFORMATION TRANSPARENCY

 

Article 6. Information transparency

6.1. Information transparency shall have the following categories:

6.1.1. Operational transparency;

6.1.2. Human resource transparency;

6.1.3. Budget and financial transparency;

6.1.4. Transparency in the procurement of goods, works and services by the state and local government.

 

Article 7. Operational transparency

7.1. Unless otherwise provided in the laws, organization specified in the article 3.1 of this Law shall take the following measures to ensure its operational transparency:

7.1.1. to place the organizational mission, strategic objectives, priority areas and measures implemented to achieve those objectives and priorities, outcome, and organizational structures on its website or information board in an easily understandable manner and update regularly;

7.1.2. to place the full name, position, procedure and contact details of the officer in charge for public relations, public service and timetable to receive citizens on its website and information board in an easily understandable manner and update regularly;

7.1.3. to place the list of documents required for getting services on its website and information board in an easily understandable manner and update regularly;

7.1.4. to place the legislations, rules, procedures and the guidance on its website and information board in an easily understandable manner and update regularly;

7.1.5. to place any policy document or draft decision that establishes public norms on its website in an easily understandable manner not less than 30 days, to receive comments and proposals from the relevant governmental and non-governmental organization, professional experts, scholars and citizens, and to incorporate the proposals if deems grounded;

7.1.6. to take organizational measures to improve the means and methods of the services being rendered;

7.1.7. to place in and inform the name of the non-governmental organization, which executes the particular functions of the state organization in accordance with article 19.1 of the Law of Mongolia on Government, and the organization’s address, web page, and direction of its activities through web page and information board in an easily understandable manner in the case of;

7.1.8. to place the name, address and field of activities of the license holder, and issuance and expiry date of license on its website in an easily understandable manner if such organization issues license for certain types of business activities or other activities, and update regularly;

7.1.9. to place information about the implementation, progress and status of the project and program funded by the state budget, the foreign loan and aid in the sector on its website, and update regularly;

7.1.10. other information specified in legislations.

 

Article 8. Transparency of the human resource

8.1. Unless otherwise provided in the laws, organization specified in the article 3.1 of this Law shall take the following measures to ensure its transparency of the human resource:

8.1.1. to place job vacancy announcements on its website and information board in an easily understandable manner, update regularly, and announce through public press and media;

8.1.2. to place civil servants’ code of ethics on the website or information board in an easily understandable manner, and update regularly;

8.1.3. to place evaluation and monitoring regulations and procedures of the human resources strategy and its implementation on the website in an easily understandable manner and update regularly;

8.1.4. to place or inform about the measures to ensure the transparency of the human resource management on its website in an easily understandable manner;

8.1.5. to place or inform about the measures to improve the performance evaluation of employees on its website in an easily understandable manner;

8.1.6. to inform any other information specified in laws and legislations.

 

Article 9. Transparency of the budget and finance

9.1. Relation arising from the budget and financial transparency of the entity stated in the article 3.1 of this law shall be regulated by the Law on Transparency of accounting.

(Article amended by the Law, of January 16,2014)

9.1.1.(Article repealed by the Law, of January 16,2014)

9.1.2 (Article repealed by the Law, of January 16,2014)

9.1.3.(Article repealed by the Law, of January 16,2014)

9.1.4. (Article repealed by the Law, of January 16,2014)

9.1.5. (Article repealed by the Law, of January 16,2014)

9.1.6. (Article repealed by the Law, of January 16,2014)

9.2  (Article repealed by the Law, of June 01,2014)

9.3  (Article repealed by the Law, of June 01, 2014).

 

Article 10. Transparency in the procurement of goods, works and services by the state and local government financing

10.1 Relation arising from transparency of the entity stated in the Article 3.1 of this law on purchasing goods, work and service and by the state and local property and stated shall be regulated by the Law on transparency of accounting.

(Article amended by the Law, of June 01, 2014).

10.1.1

(Provision repealed by the Law, of June 01, 2014).

10.1.2

(Provision repealed by the Law, of June 01, 2014).

10.1.3

(Provision repealed by the Law, of June 01, 2014).

10.1.4

(Provision repealed by the Law, of June 01, 2014).

10.1.5

(Provision repealed by the Law, of June 01, 2014).

10.1.6

(Provision repealed by the Law, of June 01, 2014).

10.1.7

(Provision repealed by the Law, of June 01, 2014).

1.1.8

(Provision repealed by the Law, of June 01, 2014).

 

CHAPTER THREE.- PROCEDURE TO ACCESS AND TO PROVIDE WITH INFORMATION

 

Article 11. To receive information

11.1. Citizens and legal entities shall be entitled to receive the following information except the information prohibited by law to publicly disclose for the purpose of ensuring human rights, freedom, national security, and organization’s lawful interest from the organization specified in the article 3.1 of this Law;

11.1.1.All types of information, documents, agreements and contracts in possession of the organization;

11.1.2. Information related to the property in possession of the organization; and

11.1.3. Any other information related to the activities of the organization.

11.2. Any official of the organization, specified in the article 3.1 of this law, with mandate to receive a request for information from the citizen and legal entity is prohibited to make any other requirements not specified in this law.

11.3. The request for information by the citizen and legal entity shall meet the  following requirements:

11.3.1. to provide information of his/her full name, address, e-mail address,  telephone number, number of national ID or its equivalent and signature in case of a citizen,;

11.3.2. to provide name, address, e-mail address and the state registration number of the legal entity, and the signature of the competent person authorized to represent the legal entity, in case of a legal entity;

11.4. In case a citizen is unable to sign due to a reasonable excuse as specified in the provision 11.3.1 of this law, others may be authorized to sign on his/her behalf, and if citizens made joint request, all the citizens shall sign or their representative shall sign and attach evidencing document of his/her power to represent.

 

Article 12. Rights and obligations of the person who request information

12.1. An information requesting party shall have the following rights in exercising his/her rights:

12.1.1. to be equal;

12.1.2. to choose the means to receive information;

12.1.3. shall not have obligation to explain the need and ground of requesting  information;

12.1.4. to receive additional reference on issues related to information;

12.1.5. to have oral explanation made on the content of the information;

12.1.6. to know the official source of the information;

12.1.7. if deems his/her right to receive information is violated, to make complaint to the respective organization and official; and

12.1.8. any other rights specified in the laws.

12.2. An information requesting party shall have the following obligations when receiving information:

12.2.1. to comply with the procedure to receive information specified in the laws;

12.2.2. not to violate the Constitution of Mongolia, other laws, rights and lawful interests of others when exercising his/her right to receive information; and

12.2.3. to articulate the required information realistically.

Article 13. Review of the request

13.1. An official who received the request from citizen and legal entity for information (“Request”) shall examine the request as follows:

13.1.1. if the request meets the requirements specified in the article 11.3 of this Law;

13.1.2. to check the accuracy of the personal information related to the citizen and legal entity using Number of national ID or its equivalent document;

13.1.3. to check whether the required information is in the possession of the  organization, if not to transfer the request to the relevant organization within 2 business days and inform the citizen and legal entity about the transfer; and

13.1.4. to check if there is a ground specified in the article 18 of this law.

13.2. The request shall be turn in on the following grounds in addition to the grounds specified in the article 18 of this Law:

13.2.1. a request fails to meet the requirements specified in the article 11.3 of this Law; and

13.2.2. information mentioned in the request is not in possession of the organization, and it deems impossible to transfer the request to relevant organization.

13.3. When turning in the request, the reason and ground shall be clearly specified.

 

Article 14. Release of information

14.1. An organization specified in the article 3.1 of this Law is obliged to release information related to the activities of the organization, except the information prohibited publicly disclose as specified in the laws and legislations, to citizens and legal entities.

14.2. An organization specified in the article 3.1 of this Law shall establish facility to meet citizens, and a timetable to receive request and publicly inform of it.

14.3. An organization specified in the article 3.1 of this law is prohibited to illegally destroy information in its possession and infringe rights of citizen to exercise his/her right to receive information.

14.4. An organization specified in the provision 3.1.10 of this Law shall be obligated to release the following information in public domain:

14.4.1. information that reflects or indicates the existing or potential impact of the activities, manufacturing, servicing, equipment and technology used by the organization on the environment and health of the population;

14.4.2. information specifying the harmful impact of all types of poisonous or radioactive substances, those are in the possession of the organization, which might damage the environment and health of the population, in the event the procedures of storage and protection is violated; and

14.4.3. Any other information which is to be publicly disclosed as required by laws.

14.5. An organization specified in the provision 3.1.10 of this Law is obliged to approve the list of its secrets and publicly inform of it.

14.6. Information may be provided orally, in written and electronically, and citizen and legal entity may examine the information in person.

14.7. A request whose response can be immediately provided shall be resolved and responded immediately.

14.8. Unless otherwise provided by laws, information shall be given within 7 business days to a citizen and legal entity who have made the request and if the request is made jointly, the information shall be given to any one of the citizens on their behalf.

14.9. If deems necessary, period specified in the article 14.8 of this Law may be extended once by 7 days.

14.10. Date on which the request was responded, name of the official who prepared the response and the form of the information shall be noted in the record and stored.

 

Article 15. Receipt and release of information in electronic form

15.1. A citizen and legal entity may request to receive information in an electronic form.

15.2. In the event the request is made to receive information in an electronic form, citizen and legal entity shall prepare electronic document and include digital signature, a number of its own national ID or equivalent document and send the information through e-mail.

15.3. In the event the information is provided to citizen and legal entity in electronic form, the respective official of the organization shall prepare electronic document including his/her digital signature and send the information through e-mail to the person who made the request.

15.4. When releasing information in electronic form, the procedures specified in the articles 11-14 of this Law shall be complied with.

 

Article 16. Service fee

16.1. The service fee shall apply for citizens and legal entities receives information.

16.2. The amount of service fee specified in the article 16.1 of this Law shall be established by the management of the organization in commensurate with the expenses to be incurred in relation to the release of such information, and the calculation methodology and procedures for the payment of such fees, its discount and waiver shall be approved by the Government of Mongolia.

16.3. The service fees specified in article 16.1 of this Law shall not be imposed at the same time with other service fees.

16.4. The amount of service fees shall not exceed the direct expenses related to release of such information such as copying and delivery through mail.

 

Article 17. Making complaints, and reviewing and resolving complaints

17.1. Complaint may be made on the action or inaction of the organization and official who have violated the rights of citizens and legal entities to receive  information to higher level organization or official, the National commission for Human rights, or court.

17.2. The relations related to the resolution and consideration of the complaints specified in the article 17.1 of this Law shall be regulated by the following laws:

17.2.1. Law on the resolution of application and complaint submitted by the citizens to state organization and official, Law on Administrative Procedure, and Law on Civil Procedure if the complaint is made to higher level organization or official;

17.2.2. Law on the National Commission for Human Rights of Mongolia if the  complaint is made to National Commission for Human Rights;

17.2.3. Law on Administrative Procedure and Law on Civil Procedure if the complaint is filed to court.

 

CHAPTER FOUR.- PROHIBITIONS IN RELEASING CERTAIN TYPES OF  INFORMATION TO CITIZENS AND LEGAL ENTITIES

 

Article 18. Special circumstances

18.1. In the following circumstances, it is prohibited to disclose the information to others:

18.1.1. if there are well-grounded reasons that the public release of the concerned information might be detrimental to the national security and public interest of Mongolia;

18.1.2. if the concerned information is related to matters under review by the Mongol Bank, the Financial Regulatory Commission, state administrative organizations in charge of competition or specialized inspection;

18.1.3. if it is necessary to protect the secrets of state, organization and individual during the process of inquiry, investigation and prosecution;

18.1.4. if the concerned information is related to the process of concluding  international treaty or agreement; and

18.1.5. others specified in laws and legislations.

 

Article 19. Intellectual property protection

19.1. It is prohibited to disclose intellectual property related information without the permission by the owner.

 

Article 20. Protection of privacy

20.1. Unless otherwise provided by law, if individual has not agreed in written, it is prohibited to disclose his/her information except the information of his/her parents’ name, first name, age, gender, profession, education, official position, work address and telephone number.

 

Article 21. Protection of organization’s secret

21.1. It is prohibited to disclose, without the written permission given by the  respective official of the business entity (executive management or other persons to whom the authority is given to), secret information, technological solution, project, research document and other information related to required machineries and equipment, whose disclosure might be detrimental to the lawful interest of the organization, or those taken under its confidentiality or protection for the purpose of protecting its market and advantage in the fair competition, or those related to the unique activities of the organizations and business entities specified in the article 3.2 of the Law on Organization’s  secret.

 

CHAPTER FIVE.- ORGANIZING AND SUPERVISING THE IMPLEMENTATION OF LEGISLATION

Article 22. Powers of the State administrative organization in charge of information technology issues

22.1. State Administrative organization in charge of Information technology shall exercise the following powers with regard to ensuring information transparency and right to information:

22.1.1. to put information specified in the articles 7, 8.1, 9 and 10 of this Law into electronic form, create information base, distribute, use and prepare common regulation to ensure the reliability of their un-interrupted operation, storage and protection;

22.1.2. to organize training among state organizations and provide professional and methodological assistance on the issues of storing information into electronic form, creating information base, distribution, use, and ensuring the reliability of their un-interrupted operation, storage and protection; and

22.1.3. other powers provided by in laws and legislations.

22.2. The regulation specified in the provision 22.1.1 of this Law shall be approved by the Government.

 

Article 23. Record keeping

23.1. An organization specified in the article 3.1 of this Law shall keep the record in order to ensure the possibility to monitor the implementation of the laws and legislations on information transparency and right to information, and the record shall reflect the following:

23.1.1. name and address of the citizens and legal entities those made the request;

23.1.2. time on which the request for information is received, reviewed and returned, and information is provided; and

23.1.3. others.

 

Article 24. Supervising the implementation of the legislations on Information transparency and right to information

24.1. An organization and official specified in the article 3.1 of this Law shall organize the monitoring over the implementation of the legislation on the Information transparency and right to information within the powers specified in laws.

24.2. Measure to ensure the information transparency shall be reflected in the result based contract between the Chief of Budget manager and the General manager and it shall be considered as a one of the evaluation criteria points.

 

CHAPTER SIX.- MISCELLANEOUS

 

Article 25. Liability for violations of legislations on information transparency and right to information

25.1. Any one of the disciplinary liabilities, those are provided in the article 26 of the Law on Civil Service, shall be imposed on the civil servant, considering the characters of the violation, who violated the laws and legislations on the Information transparency and right to information by the competent authority who appointed the civil servant.

25.2. A civil servant who repeatedly or seriously violated the right of the citizen and legal entity to receive information shall be dismissed from his job on the ground specified in the provision 25.1.1 of the Law on Civil Service by the competent official.

25.3. A judge shall fine the respective decision making person who violated the article 25.2 of this Law by tugrugs equal to five times the minimum labor wage.

 

CHAIRMAN OF THE STATE IKH HURAL OF MONGOLIA

DEMBEREL D.