Category Archives: Regulatory Compliance

Unlock the Benefits of Trade: How to Obtain a Certificate of Origin in Mongolia

A Certificate of Origin is essential for businesses exporting products, as it certifies that the goods are partially or fully produced in Mongolia. Issued by the Mongolian National Chamber of Commerce and Industry (MNCCI), this document plays a key role in international trade by verifying the origin of goods for tariff benefits, trade agreements, and legal requirements.

What is a Certificate of Origin?

According to Article 6.2 of the Mongolian Law on Chamber of Commerce and Industry, the MNCCI issues certificates of origin under the “Regulation on determining the origin of export products derived from Mongolia and on issuing the certificate of origin.” This legal document is proof that goods exported from Mongolia are either entirely or partially manufactured within the country.

Types of Certificates of Origin:

The MNCCI issues several types of Certificates of Origin based on specific trade agreements, including:

  • Certificate of Origin Form A
  • Certificate of Origin Form E
  • Certificate of Origin Form APTA
  • Certificate of Origin Form B
  • Certificate of Origin Form-D

These forms are crucial in enabling products to qualify for tariff reductions or exemptions under various trade agreements, ensuring smooth international transactions.

Required Documents for Obtaining a Certificate of Origin

Entrepreneurs looking to obtain a Certificate of Origin must submit the following documents:

  1. Copy of foreign trade contract (buying/selling)
  2. Application form
  3. Invoice (English sample with Mongolian explanation)
  4. Packing list (Invoice & Packing list in Russian/English)
  5. Copy of Incorporation Certificate (individuals provide a copy of their identity card)
  6. Document detailing product composition (if raw materials were imported, include the customs declaration)
  7. Copy of product license
  8. Quality conformity and hygiene certificates
  9. Additional documents may be required for certain certificates, including an additional examination.

Easy Online Submission

For added convenience, businesses can now submit their requests for certificates of origin online by uploading the necessary documents to the MNCCI’s platform. This streamlines the process, making it easier for businesses to meet their export requirements efficiently.

By obtaining a Certificate of Origin, businesses not only comply with international trade laws but also unlock tariff benefits and access to global markets.

Why It Matters

Securing a Certificate of Origin from Mongolia ensures your products are recognized internationally, facilitating smoother transactions, securing tariff advantages, and opening doors to global opportunities.

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“Mongolian Social Insurance Reporting: Avoid Costly Mistakes and Penalties!”

In Mongolia, accurate and timely social insurance reporting is more than just a legal obligation; it’s critical for protecting your business and employees. Employers must navigate the precise requirements set by the Mongolian government to report social insurance contributions properly. Failure to do so can lead to steep penalties, reimbursement demands, and costly audits. Here, we’ll guide you through the essential steps and consequences to keep your company compliant and running smoothly.

Timely Submission of Reports

Every employer in Mongolia is required to submit a monthly social insurance contribution report to the relevant social insurance institution. This report is due by the 5th of the following month and must be certified with an electronic or digital signature. Missing this deadline can result in financial penalties, so it is crucial to remain diligent with reporting.

If the 5th of the month happens to be a weekend or a public holiday, the report is due the next working day. This flexibility ensures that businesses can maintain compliance even during holidays without incurring penalties. However, it’s important to stay on top of your deadlines to avoid unnecessary complications.

Compliance and Potential Consequences

The Mongolian regulatory framework is strict about ensuring that employers comply with the laws surrounding social insurance contributions. Violations are taken seriously, and businesses found to be in breach may face reimbursement demands and other penalties.

Here are some common violations that could trigger compliance issues:

  • Concealment or Incorrect Reporting: If a company intentionally misreports or conceals the actual salary fund for social insurance contributions, it’s a serious violation. Employers must ensure that their contributions reflect the true financial activities of their business. This includes reporting all income subject to social insurance correctly.
  • Underpayment of Contributions: Employers who fail to pay the correct amount of social insurance contributions may face financial penalties. Conducting regular internal audits of payroll and contribution systems is essential to ensure that payments are accurate and reflect the correct figures.
  • Late Payments: If social insurance contributions are submitted late, penalties may apply. This could lead to reimbursement obligations and additional fines. It’s vital for employers to establish a consistent calendar of deadlines to stay compliant.

Why Compliance is Essential

Beyond avoiding penalties, compliance with social insurance reporting is an integral part of maintaining a stable business in Mongolia. By fulfilling your obligations, you contribute to the social safety net, which benefits both employees and employers. Accurate contributions ensure that your employees have access to social services such as healthcare, pensions, and unemployment insurance. It also protects your business from government audits and financial risks.

Employers are urged to stay informed of any regulatory changes to avoid non-compliance. The government may update regulations, and businesses must adapt to these changes promptly. With diligent record-keeping and a proactive approach to regulatory shifts, your company can remain compliant and support the welfare of its employees.

Final Thoughts

While the rules surrounding social insurance contributions in Mongolia can seem complex, staying compliant is critical for the smooth operation of your business. By prioritizing accurate and timely reporting, you not only meet your legal obligations but also contribute positively to your workforce’s welfare.

For any employer, navigating these regulations carefully will ensure the protection of both the business and its employees. Keeping up with the evolving legal landscape will enable you to avoid fines, audits, and penalties while fostering a secure and compliant workplace.

Personal Data Protection in Mongolia

In the 26 years since the Personal Secrets Law was enacted in 1995, legal revise and reform for personal data protection was required due to changes in social interactions and digital transition. Therefore, on December 17, 2021, the Parliament adopted a new Law on the Personal data protection (PDPL), which began to be implemented on May 1, 2022.

This law applies to all individuals, legal entities and organizations without legal status collecting, processing, using and protecting personal data in Mongolia. Under the previous Personal Secrets Law, only the data subject was responsible for the security of his/her information but now the PDPL provides that the data controller and collector are obliged to ensure information security and protect personal data as well.

Personal data protection is categorized as personal information and sensitive information and it is defined as below.

  • Personal data means sensitive data, first and last name, date and place of birth, residence address, location, ID number, assets, education, membership, online identifier, and other information that directly or indirectly identifies a person or makes it identifiable;
  • Sensitive data encompasses a person’s race, ethics origin, religion, beliefs, health, correspondence, genetic and biometric information, digital signature private key, information on whether an individual is serving or served any sentence, sexual orientation, gender identity, expression, and information about sexual intercourse.

When governmental authorities or legal entities collecting, processing, and using personal data, the data owner’s consent must be obtained in writing or electronically. Unless otherwise allowed by law or a convention to which Mongolia is a party, it is forbidden to transfer personal data outside of Mongolia without the consent of the data subject. Transferring personal data from one group company to another in oversees would be considered a personal data transfer because the legislation does not allow an exception to this rule of permission.

The data processors and controllers are required to undertake data security assessment. When data is collected, processed, and used electronically, it is especially important to conduct a data security assessment in the following situations:

  • when making decisions that have an impact on the rights, freedoms, and legitimate interests of the data subject;
  • when processing sensitive data on a regular basis.

the National Human Rights Commission (NHRC) is responsible to review and recommend for assessment whether data shall be collected, processed and used using electronic data processing technology.

Moreover, data controller shall keep a record of the response taken to eliminate the violation and its negative consequences. The record shall be submitted to the NHRC in January of each year or as requested.