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Law on State Property

2022.09.19
22 үзсэн

LAW OF MONGOLIA
April 29, 2022, State Palace, Ulaanbaatar
ON STATE PROPERTY
CHAPTER ONE
GENERAL PROVISIONS
Article 1. Purpose of the Law
1.1. The purpose of this law is to regulate the ownership, management, and use of state property, ensuring its effective utilization, protection, and enhancement, and to establish the legal basis for relations related to state property.

Article 2. Adoption of the Law on State Property
2.1. The Law on State Property is adopted in accordance with the Constitution of Mongolia, the Law on Budget, and other laws enacted in accordance with this law.
2.2. If this law contradicts the international treaties of Mongolia, it prevails over the provisions of international treaties.

Article 3. Scope of Legal Regulation
3.1. The following legal entities, officials, and financial institutions are subject to the scope of this law:
3.1.1. state, government, special, and public institutions;
3.1.2. budgetary organizations and their officials;
3.1.3. state and local government officials and their officials in the field of banking, finance, and other sectors;
3.1.4. individuals with state and local government property of 50 percent or more and their officials;
3.1.5. Central Bank / Mongolbank /;
3.1.6. state and local budgets;
3.1.7. state and local special funds;
3.1.8. foreign and domestic loans obtained from sources other than those specified in international treaties and agreements concluded by Mongolia, and foreign and domestic loans provided as aid;
3.1.9. assistance received from foreign and domestic sources;
3.1.10. all types of state-owned property;
3.1.11. institutions established by the President, the State Great Hural, the Government, and the Supreme Court in accordance with the law.
3.2. Entities specified in Article 3.1 of this Law shall abide by the financial discipline, improve the financial system, and ensure transparency, and if there is another regulation in other laws, they shall comply with this Law.

Article 4. Criteria for Implementing Property Management
4.1. The following criteria shall be observed for the implementation of property management:
4.1.1. simplicity and accessibility;
4.1.2. compliance with legal requirements;
4.1.3. efficiency;
4.1.4. non-discriminatory;
4.1.5. effectiveness;
4.1.6. transparency;
4.1.7. accountability;
4.1.8. supporting change and innovation;
4.1.9. responsiveness;
4.1.10. absence of conflict.
4.2. The criteria specified in Article 4.1 of this Law shall be implemented as follows:
4.2.1. establish a simple and accessible mechanism for property management with high transparency and efficiency;
4.2.2. the property management system shall be clearly defined and organized to protect the standards and norms of state services;
4.2.3. the performance evaluation of property management shall not compromise the standards and norms of state services;
4.2.4. the implementation of property management shall not violate the standards and norms of state services;
4.2.5. maintain the confidentiality of state secrets, and ensure compliance with the standards and norms of state services in property management;
4.2.6. exclude any conflict of interest with the main task and functions of state services, and do not interfere with the operations of assistance and support;
4.2.7. any assistance provided shall comply with the requirements of financial discipline, approved standards, and regulations;
4.2.8. promote digitalization and innovation to eliminate obstacles to effective performance.
4.2.9. Officials and employees responsible for implementing this Law shall ensure compliance with the requirements of this Law in their activities.
4.2.10. Ensure the absence of conflict and the smooth conduct of public service.
PART TWO
PROCEDURES AND LIMITATIONS FOR CERTAIN OPERATIONS
Article 5. Deputy Director, Deputy, and Beneficiary Officer
5.1. If special designation is not required by law, the state’s special representative agencies, state agencies, the National Assembly, public service organizations, institutions, and joint-stock companies with state property participation shall be restricted to have deputy directors, deputies, and beneficiaries.
5.2. One deputy director may be appointed for every two, one, or more beneficiaries by the Chief of the State Special Representative Agency, the State Agency, the National Assembly of the aimags, provinces, districts, and the capital city.
5.3. The Director of the State Special Representative Agency, the Council of Independent Auditors, and the officials of the state and local governments shall assist all the directors of the institutions, organizations, and state and local government officials designated by law.
5.4. Any breach of this Law by the Director, Deputy Director, and Beneficiary Officer shall result in the dissolution of the relevant authority,