Tag Archives: Regulation

Obtaining an Apostille in Mongolia

Recently we have been asked by one of our clients about an apostille service and how to get documents to be apostilled in Mongolia.

An apostille is a specialized certificate used to verify original public document’s legitimacy and authentication so that they can be accepted in one of the other nations who are signatories to the 1961 Hague Convention Treaty also known as the Hague Apostille Convention.

Since December 31, 2008, Mongolia has been part of the 1961 Hague Apostille Convention. It allows that any official document destined for Mongolia requires an apostille from the Secretary of State. As a result, documents will be valid in 121 countries that are member of the Hague Apostille Convention without requiring any further confirmation.

Apostilles authenticate the seals, stamp, the signatures and the capacity of signer on public documents such as birth certificates, court decisions or any other documents issued by government agencies, the administrative body, court, prosecutor or educational organizations at all level. The documents will be issued by the consulate of Ministry of Foreign Affairs.

Things to consider for apostille application:

  1. All seals and signatures must be originals. Copies are not acceptable unless they are true certified copies from a notary.
  2. Notarize each document. The signature of document and signature of the notary who certified the original copy of the document should be clearly visible.
  3. All documents that handed over with application must be translated with certified translator, and notarized as a true translation.

Documents Required for Obtaining the Construction Permit

According to the Law on Construction of Mongolia, “the permit for the commencement and continuation of the construction work” or simply “the construction work permit” shall represent the decision from the competent entity approving a particular company to perform specific construction work. In order to commence and/or continue the construction work, a company is required to submit their request to the Governor of the province or city. For such purpose, the following documents shall be provided along with the application:  

  • The verified decision on the location, design drawings, technical terms of the construction;
  • The expertise of the comprehensive drawing of the construction and the conclusion of the expertise;
  • The introduction and the copies of the state registration certificate and special license of the legal entity in charge for the development of drawing;
  • The construction assessment report required for the environmental assessment in accordance with the environmental laws and regulations;
  • If covered by insurance for sudden accident and/or liability, the certificates of such insurance.

In addition to the above-stated documents, certain special licenses such as licences for architectural design, as well as the comprehensive planning for the monitoring of the construction project shall be attached to the request.

Upon the receipt of the request, the Governor of the province or city shall issue the construction permit within 10 business days and verify the permit by means of a certificate.

Obtaining a Construction Permit in Mongolia

As in many countries, Construction activities are required to have appropriate permits. Construction a construction permit will typically be issued for a period of 5 years. If the term of the construction permit expires, it may be extended for a further 5 years. Legal entities with a construction permit are allowed to perform construction activities as described by the permit within a target plot of land.  Construction projects without a permit are subject to official fines.

Different types of permits are available for different types of construction related work. Activities are classified in three separate areas i) construction of a new structure, ii) expansion and renovation of an existing structure and iii) demolition and removal of a structure. Each is also further subdivided according to the nature and complexity of the specific project and may be categorized as “low, “average” or “high” complexity. A construction permit is project specific and must match the work being performed. For example, a “high complexity” renovation permit will not allow a company to perform “low complexity” new structure construction.

A Construction permit is granted by the local provincial or from the city Governor. When a developer files to obtain the construction permit the developer should prepare and file an application describing the details of the construction along with relevant technical documentation.   Upon submission of the application the reviewing authority make a decision and issue the construction permit within 10 business days.

Mongolia Passes New Law on Advocacy

Today, on 18th October 2019, during its Parliament session, the State Great Khural had its final discussion of the draft Law on the Advocacy and other proposed law drafts, and 53.3% voted for the adoption of the Law on Advocacy.

The Law on Advocacy became void in 2012, and there has been no specific law on advocacy or the legal professional since that time. According to supporters of the law, the legal profession has faced severe hindrances since 2012. Even the independent Attorney Association had collapsed, leaving legal professionals in uncertainty as to many aspects of the practice of law.

This new law contains detailed regulations concerning the rights, duties, and professional code of ethics for attorneys, as well as a description of procedures for settlement of potential violations thereof.

This Law on Advocacy shall enter into force from the 01st February 2020.