Law On State Inspection
Law On State Inspection
CHAPTER ONE
GENERAL PROVISIONS
Article 1. Purpose of the law
1.1. The purpose of this law is to define the state inspection system, the legal basis of the state
administrative inspection and to regulate the relations related to the implementation of the state inspection.
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3 Article . Definition of legal terms
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3 .1. The following terms used in this law shall have the following meanings:
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3 .1.1. “Inspection” means an inspection aimed at assessing whether the activities (actions or inactions)
carried out by citizens and legal entities, as well as the goods, products, works and services produced and sold meet
the requirements specified in the legislation. a set of inspection measures;
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3 .1.2. “Method and form of inspection” means inspection of documents related to the inspection,
inspection of the territory, premises, buildings, rooms, equipment, other objects, vehicles and cargo where the
inspected person operates. Officials of the inspection organization, as well as those involved in the inspection in
accordance with the law, shall be involved in the inspection in accordance with the procedures provided by law.
activities of existing experts and research organizations;
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3 .1.3. “Inspection record” means to register each inspection in a unified database in accordance with
relevant procedures.
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/ The above 3 Article was added by the law in 6/10/2010 /
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Article 5 . Scheduled inspection
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5 .1. The inspection plan to be carried out by the central and local specialized inspection bodies for the
next year shall be approved by the central specialized inspection body by December 1 of the previous year and made
public by the central specialized inspection agency taking into account the risk assessment.
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5 .2.Khyanalt inspection body notified by mail and telephone planned inspections person tested for at least
five days prior to the notice, or in person, and shall specify the name and check start and end time body to
investigate.
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5 .3. Unless otherwise provided by law, the duration of the planned inspection of the object shall not
exceed 15 working days, except for the time for summarizing the results of the inspection and financial inspection.
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5 .4. The authorized official of the legal entity shall be present during the scheduled inspection and the
absence of the official shall not be a ground for postponing the inspection.
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/ The above 5 Article was added by the law in 6/10/2010 /
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Article 5 . Unsceduled inspection
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5 .1. Unscheduled inspections shall be carried out at the request, request, complaint, information, decision
of the competent authority of a citizen, business entity or organization, as well as directly on human life, health and
environment such as accidents, infectious diseases and poisoning. in case of indirect damage and on other grounds
specified in the legislation.
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5 .2. Citizens, business entities and organizations specified in 5 .1 of this Law shall submit petitions,
requests, complaints and information to the inspection body together with relevant evidence. If the organization
considers, the inspection shall be started within 5 working days.
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5 .3. Unscheduled inspections shall be conducted only within the scope of the grounds and guidelines set
forth in the guidelines.
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5 .4. Unless otherwise provided by law, the duration of unscheduled inspections on the object shall not
exceed 10 working days and shall not include the time for issuing inspection results.
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5 .5 Unplanned inspections shall be prohibited on grounds other than those specified in 5 .1 of this Law .
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/ The above 5 Article was added by the law in 6/10/2010 /
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Article 5 . Performance audit
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5 .1. The performance audit shall be conducted in order to monitor the implementation of the official
requirements given by the inspection body to eliminate the violations revealed during the previous inspection.
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5 .2. The performance audit shall be conducted within the framework of the official request to eliminate the
violation revealed during the previous audit, its causes and conditions.
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5 .3. When conducting a performance audit, the audited entity shall be notified in advance at least two
working days in advance.
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/ Article 5 was added by the law in 6 June 2010 /
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Article 5 Risk classification of inspection objects
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5 .1. The risks of the inspected object shall be classified as small, medium and large depending on the
damage and consequences that may cause damage to human life, health, environment and social security.
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5 .2. Criteria and indicators to be included in the risk category specified in 5 .1 of this Law shall be
determined by the Government.
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5 .3. Based on the criteria and indicators specified in 5 .2 of this Law , the list of objects belonging to the
risk category and the frequency of inspections shall be approved by the Government member in charge of specialized
inspection in each area of inspection.
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/ Article 5 was added by the law in 6 June 2010 /
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Article 5 . Test sampling
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5 .1. If a sample is taken from the product (hereinafter referred to as “sample”) during the inspection, the
state inspector shall write a special act which shall include the following:
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5 .1.1. The date and place of the act of sampling;
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5 .1.2. Name and address of the auditor;
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5 .1.3. Name and position of the representative of the inspected person present at the sampling;
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5 .1.4. Name, first name and position of the selected state inspector;
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5 .1.5. Grounds and requirements for sampling;
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5 .1.6. Name of the country of import and manufacturer;
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5 .1.7. Sampling time, product name, type, packaging, serial number, production and storage expiration
date, total imported and sampled quantity, sample price.
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5 .2. The act specified in 5 .1 of this Law shall be made in triplicate and one copy shall be given to the
examiner and the accredited laboratory and the remaining copy shall be attached to the examination personal file.
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5 .3. The state inspector shall take a sample in accordance with the relevant regulations and ensure the
integrity, purity, storage and transportation, and temperature regime of the sample. Procedures related to sampling,
storage and transportation shall be approved by the Government member in charge of specialized inspection.
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5 .4.Shalguulagch person has the right to make complaints to be present in the sample.
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5 .5. In case of loss of normal operation of the production mode of the examinee due to sampling of the
product, it shall be returned after analysis.
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5 .6. The inspection body shall pay the price of the sample to be tested and the methodology for
determining the price of the product shall be approved by the Government member in charge of finance. The
wholesale (market) price of the product for the last six months is taken into account when determining the price of the
product.
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/ 5 .6 shall be effective as of January 1, 2011 /
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5 .7. In case the sample does not meet the requirements of the legislation and standards, as well as
repeated testing of the product or an outbreak of foodborne illness, the test fee shall be paid by the examiner.
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5 .8. This article shall not apply to professional border inspection.
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/ Article 5 was added by the law in 6 June 2010 /
Article 7. Powers of state administrative bodies established by ministries, agencies and the Government
7.1. The branch in charge of management, its affiliated organizations and business entities shall organize
the implementation of the legislation, Presidential decrees and Government decisions within the scope of their staff
and inform the Government in accordance with established procedures.
7.2. Based on the general procedures established by the Government, affiliated organizations and business
entities shall approve and enforce the procedures for organizing internal inspections in their offices.
7.3. The implementation of laws, Presidential decrees and Government decisions shall be inspected by
affiliated organizations, state-owned and partly state-owned legal entities, and if necessary, reports and information of
their management shall be heard.
7.4. Take measures to conduct fact-checking on the use, storage, protection, accounting and financial
activities of state-owned property of affiliated organizations and business entities.
Article 8. Powers of aimag, capital city, soum, district, bag and khoroo governors
Governors of all levels shall exercise the following powers:
8.1.1. To inspect the implementation of legislation, Presidential decrees, decisions of the
Government, its organizations and Citizens 'Representatives' Khurals in all organizations and business entities
located in its territory, regardless of their affiliation and type of ownership;
8.1.2. To inform, publicize and implement the implementation of legislation, Presidential decrees,
decisions of the Government, its organizations and Citizens 'Representatives' Khurals in its territory, and to report the
results and implementation to higher level Governors and the Government in accordance with procedures established
by the Government.
Special powers of aimag and capital city governors:
8.2.1.Approve and enforce the procedure for organizing internal inspections of its own and lower
level Governor's offices, affiliated organizations and business entities based on the general procedures established
by the Government;
8.2.2. Organize and consolidate the study of the implementation of legislation, Presidential decrees
and Government decisions at the territorial level and submit proposals to the President and the Government for their
improvement;
8.2.3. Take measures to conduct documentary inspections on the use, storage, protection, accounting and
financial activities of state property of soums, districts, affiliated organizations and business entities.
8. Special powers of soum and district governors:
8.3.1. Hear the information of the authorities of the organizations and business entities located in its
territory on the work being done to ensure the implementation of the legislation, Presidential decrees, decisions of the
Government, its organizations and Citizens 'Representatives' Khurals, its progress and results; to give instructions on
implementation of the legislation and ensure its implementation.
Article 10. State inspector of specialized inspection and his / her general powers
10.1. The state general inspector, state general inspector of the sector, senior state inspector, state
inspector, senior state regional inspector, senior state inspector and state inspector shall work in the central body to
implement professional inspection.
/ This part was amended according to the law dated June 10, 2010 /
10.2.Mergejliin control of the Central Organization chairman Article 18 of the Government of
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Mongolian appointed and dismissed by the Prime Minister in accordance with paragraph 2 of article.
/ This part was amended according to the law dated December 23, 2011 /
/ This part was amended according to the law dated December 07, 2017 /
The head of the central specialized inspection agency shall be the state general inspector of specialized
inspection. The authority of the Inspector General shall be granted by the Government.
10.4. The state general inspector, senior state inspector and state inspector of the sector shall work in the
specialized inspection center and local organizations and the state inspector shall grant the rights of state inspector to
them and other persons authorized by law.
/ This part was amended according to the law dated June 10, 2010 /
10.5. The head of the local specialized inspection agency shall be appointed by the head of the central
specialized inspection agency in consultation with the aimag and capital city governors.
10.6. The head of the local organization implementing professional inspection shall be the senior state
inspector.
10.7. The state inspector of the local organization implementing professional inspection shall be appointed
and dismissed by the senior state inspector of the respective locality.
10.8. The state inspector shall use the official and personal number, stamp, as well as official requirements,
conclusion, act and fine letterhead approved by the Government and issued by the official authorized to appoint the
state inspector.
10.9. The state inspector of specialized inspection shall exercise the following general powers:
/ This part was amended according to the law dated June 10, 2010 /
10.9.1. To monitor the implementation of special regulations established by the legislation and
based on it by the authorized state body for general compliance in certain areas of management;
10.9.2. To have unimpeded access to the object to be inspected;
10.9.3. In agreement with the relevant organization, to involve relevant professional people in the
inspection work and to have the laboratory or examination performed by a professional organization in order to verify
the necessary issues;
/ This provision was repealed by the law in force since June 10, 2010 /
10.9.4. To obtain free of charge information, research, explanations, references and other
documents required from the inspection work from relevant organizations, business entities and officials;
10.9.5. To take samples and samples of products free of charge and analyze them in the quantity
and amount determined by the administrative control authority by making a note;
/ This provision was repealed by the law in force since June 10, 2010 /
10.9.6. To issue an act to transfer illegally earned income and property of organizations, business
entities and citizens to the state revenue by issuing an act, and to resolve the issue of compensation for damages
caused to others in accordance with relevant legislation;
/ This provision was repealed by the law in force since June 10, 2010 /
10.9.7. In case of direct or indirect harm to human life, health or the environment, as well as in case
of an accident, related work, production, service or activity in whole or in part; to suspend until the violation is
eliminated, to decontaminate, detoxify and purify the necessary items, to stop the use of the building, machinery and
equipment, to prohibit the sale and sale of related products, to destroy or use it for other purposes if it does not
contradict the relevant requirements. In case of non-compliance with this decision, to make a decision to terminate
the production or service completely, unless otherwise provided by law;
/ This part was amended according to the law dated June 10, 2010 /
10.9.8. Require relevant organizations, business entities, citizens and officials to eliminate the
violations revealed during the inspection and eliminate their causes and conditions, give timely instructions and
ensure their implementation;
/ This part was amended according to the law dated June 10, 2010 /
10.9.9. To transfer the inspection report and relevant documents to the competent authority in case
of a serious accident, large damage to human life and health or if the violation is of a criminal nature;
/ This provision was repealed by the law in force since June 10, 2010 /
10.9.10. A state inspector shall strictly observe the legislation, perform his / her official duties
faithfully without interference, respect the legitimate interests and dignity of the state, organization, business entity
and official, and treat himself / herself and other spouses and family members. , refuse to inspect issues related to
relatives and carry out a full inspection;
10.9.11. To be fully responsible for the accuracy of the inspection, conclusion, written introduction,
official requirements, number, grounds and evidence of the state inspector;
10.9.12. To impose liability specified in the Law on Violations in accordance with the law;
/ This part was amended according to the law dated December 4, 2015 /
10.9.13. Other powers specified in the legislation.
10.10. The specific powers of the state inspector shall be determined by the legislation on administrative
control.
10.11. The Director of the Aimag and Capital City Specialized Inspection Agency shall be selected and
appointed from among civil servants who have been working for the State Inspection Agency for at least 3 years in
accordance with Articles 25, 26 and 27 of the Civil Service Law.
/ This part was added by the law in December 22, 2006 /
/ This part was amended according to the law dated December 07, 2017 /
10.12. In addition to the general powers specified in Article 10.9 of this Law, the General State Inspector and
the Chief State Inspector shall exercise the following powers:
10.12.1. In agreement with the relevant organization, to involve relevant professionals in the
inspection work and to have the laboratory or examination performed by a professional organization in order to verify
the necessary issues;
10.12.2. To resolve the issue of illegally earning income and property of business entities,
organizations and citizens into state revenue by issuing an act, as well as to compensate the damage caused to
others in accordance with the relevant legislation;
10.12.3. In case of non-compliance with the decision specified in Article 10.9.7 of this Law, unless
otherwise provided by law, the decision of the state inspector shall be enforced by a court or the relevant organization
shall submit its proposal and conclusion on termination of the production or service;
10.12.4. In case of a serious accident, loss of human life or health, significant damage or if the
violation is of a criminal nature, to transfer the inspection report and relevant documents to the competent authority;
10.12.5 approve guidelines for planned and unplanned inspections;
10.12.6. To review and resolve complaints related to the activities of the state inspector and
inspections.
/ This section was added by the law in 6/10/2010 /
10.13. The soum state specialized inspector shall exercise the powers specified in Articles 10.12.2 and
10.12.3 of this Law in soums without a senior state inspector.
/ This section was added by the law in 6/10/2010 /
CHAPTER THREE
AUTHORIZATION OF INSPECTION OF LOCAL SELF-GOVERNING ORGANIZATIONS AND OTHER
ORGANIZATIONS AND LEGAL ENTITIES
Article 12. Powers of Citizens' Representatives Hurals of aimags, the capital city, soums and districts and
their Presidiums
12.1. Citizens' Representatives Khurals of aimags, the capital city, soums and districts shall exercise the
following powers:
12.1.1.Relevant legislation, Presidential decrees, Government, its organization, work on ensuring
the implementation of decisions of higher level and the Khural, its progress and results, Governor, organization
belonging to the respective administrative unit in its territory, to hear information from the management of the
business entity and discuss the report;
12.1.2. To inspect the implementation of the decisions of the higher level and the respective Khural
in all relevant organizations and business entities of its territory, regardless of their jurisdiction, type and form of
ownership;
12.1.3. To discuss the answers to the questions and inquiries raised by the representatives of the
Khural in connection with the implementation of the relevant legislation, Presidential decrees, decisions of the
Government, its organizations, higher level and the Khural and to make appropriate decisions if necessary;
12.1.4. If the Governor considers that he / she is insufficiently exercising his / her authority to
organize and monitor the implementation of legislation, Presidential decrees, decisions of the Government, its
organizations and Khurals at the territorial level, the Prime Minister or higher level shall propose his / her resignation
before the end of his / her term. To the governor;
12.1.5. Other powers specified in the legislation.
12.2. The Presidium of the Citizens' Representatives Khural shall exercise the powers specified in Article
12.1.1 of this Law to hear the information of the authorities of the organizations and business entities specified in
Article 12.1.1, discuss the report and hearings during the recess of the Khural.
CHAPTER FOUR
MISCELLANEOUS
Article 15. Responsibilities of an official authorized to carry out inspections
15.1. If an official authorized to conduct an inspection violates the legislation, he / she shall be held liable in
accordance with the relevant legislation.