If there is anything Mongolia has plenty of it is land! As of January of this year, Mongolia has revised regulations for land auctions. The auction regulations cover land ownership, possession or usage, all terms of art under Mongolia law indicating a certain allocation of property rights.
Under Mongolian law, only the Mongolian state or Mongolian individuals are able to formally own land and hold all rights of use and disposal. Mongolian individuals and companies may also have rights to “possess” land, which is a kind of more limited right to land within the context of an agreement with the state. Foreigners generally may hold rights to “use” land.
The law prescribes certain conditions in which a land auction is required. When required, an auction may be initiated via an invitation to bid published at least 30 days prior to the date the auction is to be held. Interested persons much be registered before the auction is held. Before the recent update to the regulations the invitation to bid was required to be published via a public media format. The updates now also allow publication to be posted to the website of the organizer. The updates also allow for a completely online auction format.
The starting price of the auction is in most cases set by the local Governor, and participating parties are required to pay 10 percent of the initial auction price as a deposit. The deposit is returned in full within 5 days after the auction, to all but the winning participant.
Other highlights of the updated regulation include a new mechanism for dispute resolution. In previous regulations, the Supervisor of the Auction Commission would make a decision on disputes which arose during the auction or in connection with the process, and the only way to challenge the decision was before court. The new regulation only requires a preliminary decision on the issue from the local Governor, after which a suit may be filed at court.