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State and property registration public service law draft laws
1. A. Draft revised law on the state registration (2016)
Improve the legal environment for the state registration against international
standards.
Maintain a balance between transparency of information in the state registration
system and personal secrecy.
Classify information in the state registration to keep market participants informed, and
ensure property market growth.
Improve electronic access to the information in the state registration system.
Key amendments observed:
Pledge (batlan daalt) and finance lease to be registered. (9)
National data center’s shared database: for exchange of information between state
registration of property rights and the cadastral database. (16.13)
Rules for receipt/ incorporation of information in the electronic database: by the Head of
the state registration department. (18.3)
Summary information on open and closed information may be obtained subject to
permission given by an Intelligence body and an agreement signed with the state
registration body. (19.6)
An officer of legal and other government bodies empowered by law can submit a formal
request to obtain:
information on address, phone number, and contributed capital, and person/s
representing a legal entity.
information on types of property rights, state registration number, and special
notes relating to a property owner. (19.5)
B. Draft revised law on the registration of property rights (2016)
Integrate state registration of land rights and immovable property rights.
Utilize professionals employed in the immovable property sector in provision of services
such as “application submissions and giving responses to inquiries”.
More detailed provisions have been prescribed for the first time registration of property
rights.
The Government considers information transparency will better facilitate asset flows,
decrease property price surge, and promote property market growth.
Key amendments observed:
An electronic application for registration of property rights will be approved by an
electronic signature. (7.10)
Right/s to the immovable property will be registered together with right/s to land. (10.1)
Registration of immovable property ownership will require a copy of an agreement
relating to a future right of ownership. (10.6.8)
An unfinished property will be registered under a common/separate ownership. (10.11)
2. A state registrar will be covered by a liability insurance. (37)
An information supplier will, subject to an agreement with the registration body, send
applications and relevant documents (upon a request by an applicant) to the state
registration database or will act as a broker to register applications in the state
registration. (33.1.1)
C. Draft revised law on Public Service
Key amendments observed:
Public service is defined (3.1.1)
Policy development, implementation of laws, and delivery of government services to
the public
Public/government organizations are defined (3.1.3)
Legislative, executive, and judicial bodies
Local self-government and administrative bodies
Public oversight on quality, and effectiveness of public services (71)
The government will fund public oversight
A NGO responsible for public oversight will be selected through an open tender
The NGO will evaluate the performance of execution plans of ministries, agencies and
offices of the governors, and other organizations
Customer assessment will be made by surveying 3-5% of the adult population or
business entities on relevant territories of an aimag/capital city/soum/district
Public oversight guidance will be provided by the Government Secretariat and Public
oversight council