Tag Archives: Licensing

Renewal of a Mining License



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In the past weeks the firm’s Mongolian lawyers have been approached with an inquiry regarding how the recently revised Law on Permits may affect renewal of Mining Licenses.

Mining license are typically granted for a term of thirty (30) years, and are available for renewal in the two years before expiration.

The holder of a Mining License is required to submit an application for renewal of the license not less than two years prior to the expiration of the Mining License.  The applicant is required to submit the original Mining License along with a copy of the license as part of the application. The applicant is also required to submit documentation demonstrating regarding implementation of the mandatory Environmental Protection Plan for mining operations for the project.

Upon the receipt of an application for renewal of the Mining License along with supporting documents mentioned above, the relevant government agency shall reach a decision within 15 days. Where the administering agency finds no violations or other issues which result in ineligibility, the Mining License should be extended for a new term of 20 years.

BROADCASTING FOREIGN TV CHANNELS IN MONGOLIA



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We would like to post a blog in concerning with the foreign TV channels practice in Mongolia. Today, there are over 130 foreign TV channels broadcasting within Mongolia through the licensed TV multi-channel transmission service providers as their basic package service. One of our clients was recently seeking our assistance on clarifying whether a foreign TV channel is required to obtain any license for broadcast within Mongolia.

Under the currently effective legislation of Mongolia, there is no requirement for a foreign channel operator, or distributor to obtain licences for broadcast within Mongolia. The Communications Regulatory Commission of Mongolia (CRC), a government agency, is entitled to grant a licence to following activities in concern with broadcasting:

  • Digital terrestrial television network provider;
  • TV& radio and channel broadcasting service.
  • TV& radio multi-channel transmission service; and

However, this licensing requirement applies only to Mongolian legal entities, not to foreigners. In practice, a licensed Mongolian legal entity providing TV multi-channel transmission service, entered into an agreement with the foreign channel operator or distributor for broadcasting such foreign channel within Mongolia. TV multi-channel transmission service providers have a responsibility on the contents of foreign TV channel what shall be compatible with Mongolian laws and regulations.

Nowadays, a new legislation in related to the broadcasting is in the process of review. The draft law on broadcasting is currently under review by the parliament. According to the draft, the foreign channel would be required to be register with CRC before entering into the agreement with licensed Mongolian broadcast company.

Documents Required for Obtaining the Construction Permit



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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



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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.