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Minerals Law of Mongolia

This document is part of the source library for NRGI's 2021 Resource Governance Index, a comprehensive measure of the quality of natural resource governance in oil, gas and mineral-rich countries. To access the full dataset and all other index resources, visit https://resourcegovernanceindex.org.

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Additional Info

Field Value
Sector Mining
Country Mongolia
Year
RGI Edition Year 2021
Topic Beneficial ownership, Commodity prices, Contract transparency and monitoring, Legislation and regulation, Licensing and negotiation, Mandatory payment disclosure, Measurement of environmental and social impacts, Open data, State-owned enterprises, Tax policy and revenue collection
Document Type DOC
RGI Sub-component
RGI Questions 1.1a: How does the country legally define the ownership of subsoil extractive resources?,
1.1.9a: Is the government required to publicly disclose all signed licenses/contracts with extractive companies?,
1.1.10a: From 2015 onwards, has the government publicly disclosed signed licences/contracts?,
1.1b: Who is the licensing authority (i.e. who has the authority to grant exploration and extraction rights to companies)?,
1.1c: What licensing process does the licensing authority follow?,
1.1.3a: Is the government required to set pre-defined criteria by which companies become qualified to participate in a licensing process?,
1.1.4a: From 2015 onwards, did the licensing authority publicly disclose minimum pre-defined criteria by which companies become qualified to participate in licensing processes?,
1.1.3b: Prior to each licensing process, is the licensing authority required to disclose a list of biddable terms or negotiable terms?,
1.1.3c: Prior to each license process, is the licensing authority required to disclose the rules governing the licensing process, such as auction or negotiation rules?,
1.1.10c: Who has the primary authority to monitor compliance with the operational aspects of licenses/contracts?,
1.1.5a: Following each licensing process, is the licensing authority required to disclose the list of companies that submitted license applications (in the case of a first-come, first served; or negotiation round) or bids (in the case of an auction)?,
1.1.5b: Following each licensing process, is the licensing authority required to publicly disclose the identity of the winning bidder or applicant?,
1.1.5c: Following the licensing process, is the licensing authority required to publicly disclose the list of areas or blocks allocated?,
1.1.10d: Is the legislature required to ratify licenses/contracts?,
1.1.2a: Does a government agency maintain a publicly available registry of rights and license details (i.e. a cadaster)?,
1.2a: What is the fiscal system for extractive resources?,
1.2.5b: Do rules specify the royalty rate(s) applying to extractive companies?,
1.2.5c: Do rules specify the level of state equity (or options for state equity such as carried interest) in extractive companies ?,
1.2.5e: For countries using production sharing agreements, do rules specify the company and government production shares?,
1.2.3a: Is the government required to publicly disclose data on payments from extractive companies to the government?,
1.3.1a: Are extractive companies required to prepare an EIA and/or SIA prior to development?,
1.3.3a: Are extractive companies required to prepare environmental mitigation management plans prior to development?,
1.3.5a: Do rules require the government to set penalties (i.e. fines, license suspension or license revocation) for non-compliance with environmental mitigation management plans?,
1.3.7a: Are there rules governing compensation to landowners or land users when project development interferes with their access to or use of land?,
1.3.5b: Are there rules governing rehabilitation and closure of extractive projects?,
1.4.7b: Are there rules that determine the prices at which the SOE should sell its production?,
1.4.7d: Are there rules that require the SOE or government to publicly disclose information on the sale of production by the SOE?,
4.1a: Is local content promoted in laws or policies?,
4.1b: Which areas does the law or policy governing the requirement or incentive for local content in the extractive industries cover?,
4.1c: Is the development of forward linkages promoted in laws, policies or by state equity?,
4.1d: Which areas does the law, policy or state equity promoting forward linkages from extractive industries cover?,
4.1.5a: Are there rules which require publication of information about extractive industry suppliers' identities?,
4.1.5b: Are there rules which require beneficial ownership disclosure for extractive industry suppliers?,
5.6a: Are there rules governing compensation when project development interferes with people's livelihoods (aspects of both tangible and intangible value)?,
5.6b: Do existing rules governing the compensation and resettlement process include the following principles: - principle of consent of affected persons - principle of replacement cost for compensation - the right to be assisted for the restoration of livelihoods - the right to appeal against decisions on compensations.,
5.6c: Are there rules requiring the disclosure of the Resettlement Action Plan or the Livelihood Restoration Plan, in the event that they are required when a project interferes with people's livelihoods?
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Author
Source or API link https://www.legalinfo.mn/law/details/63
Maintainer Natural Resource Governance Institute
Maintainer Email Natural Resource Governance Institute