Mongolia’s Land Law: New Amendments Made
- 2024-01-30
- 245
In general, Mongolia’s land law (2003) is not very complex. Many amendments have been made between 2019 and 2024. Mongolia’s Land Law offers the following land rights:
- Land ownership
- Land possession
- Land use
- Land lease
– Business entities of Mongolia enjoy the right of land possession.
Land possession right is enjoyed by Mongolian business entities for 15-60 years. This duration can possibly be extended by 40 years.
Land possession rights can be auctioned, transferred, or given as security.
-Land exchange will, likely, be operational in the near future. The Government of Mongolia is expected to establish the land exchange and provide for its’ rules of operation.
-Land laws enable electronic applications for land rights, and execution and delivery of land agreements and decisions.
– “Foreign investment companies” are entitled to a land use right. The Government of Mongolia determines the duration of land use by foreign investment companies.
– “Foreign legal entities” (which include companies and corporations) can lease land. The decision in this regard will be made by the Mongolian Parliament. The Government of Mongolia will determine the rules and boundaries for the land lease.
– In general, land decisions are made by the Governors of the Capital City, Provinces, and Soums. The governors of free economic zones also issue land decisions.
-The Government of Mongolia will make a decision on replacement and relinquishment of land subject to compensation.
– Property disputes involving land can either be resolved by arbitration or the courts. An arbitration agreement is required to be made between the disputing parties to access arbitral proceedings.
-A new mechanism of dispute resolution will be established as the “Land disputes resolution board of the Capital City”.
– Certain amendments made to the Land Law, in December 2023, came into effect from January 1st, 2024 (for instance those relating to the Land Exchange). Some of the amendments will be effective from March 15th, 2024.