Institutional Reform in MongoliaInstitutional Reform in Mongolia

WPLA Workshop on Institutional Framework for Securing WPLA Workshop on Institutional Framework for Securing Real Property Rights, Tbilisi, Georgia, May 11 – 12, 2006Real Property Rights, Tbilisi, Georgia, May 11 – 12, 2006

B. Chinzorig - Project Manager,B. Chinzorig - Project Manager,

ALAGaCALAGaC

Facts about Mongolia Facts about Mongolia

Institutional FrameworkInstitutional Framework

Activities of ALAGaCActivities of ALAGaC

LegislationLegislation

Challenges for ALAGaCChallenges for ALAGaC

International CooperationInternational Cooperation

NLISNLIS

CONTENTCONTENT

MONGOLIAMONGOLIA

- 1.5 mil. sq. m, average altitude 1580 m, highest 1.5 mil. sq. m, average altitude 1580 m, highest 4,374 m (Khuiten Uul), lowest 560 m (Khukh 4,374 m (Khuiten Uul), lowest 560 m (Khukh nuur), continental harsh climate (~ -60 C + 45 C)nuur), continental harsh climate (~ -60 C + 45 C)

- Land locked country with two big neighbors – - Land locked country with two big neighbors – Russia and ChinaRussia and China

- 2.5 mil. inhabitants, 2/3 of the population is - 2.5 mil. inhabitants, 2/3 of the population is below 30 yearsbelow 30 years

MONGOLIAMONGOLIA

- Parliamentary type of Government, Parliamentary type of Government, President second in authority to President second in authority to Parliament,Parliament,

- Administratively divided into 21 - Administratively divided into 21 provinces and 331 sub-provincesprovinces and 331 sub-provinces

- Capital city – Ulaanbaatar (1 mil. Capital city – Ulaanbaatar (1 mil. inhabitantsinhabitants

Institutional FrameworkInstitutional Framework

• New Constitution in 1992 – fundamentals for political, social & economic reforms

• First law on Land in 1994 – land tenure issues

• Intensification of the land reform in 2002• Land privatization• Establishment of the Administration of Land

Affairs, Geodesy & Cartography

Administration of Land Affairs, Administration of Land Affairs, Geodesy & Cartography Geodesy & Cartography

(ALAGaC)(ALAGaC)

• Established in January 2003

• Merge of three different governmental agencies – i) Land Management Authority, ii) State Administration of Geodesy & Cartography, iii) Real Property Registration Authority

ALAGaC’s activitiesALAGaC’s activities

- - Land managementLand management

- Cadastre- Cadastre

- Geodesy & CartographyGeodesy & Cartography

- Real property rights registrationReal property rights registration

Minister for Construction and Urban Development

HEAD

Deputy Head& Head of Land Management,

Geodetic & Cartographic Department

Deputy Head& Head of Real Property Registration Department

Administration

Land ManagementDivision

Geodetic & Cartographic Division

Cadastral SurveyDivision

Internal & International Affairs, Human

Resources Division

LegislationDivision

Finance & ServicesDivision

Real Property Title Registration Division

Archive & DatabaseDivision

Capital city + 21 aimag’s (provincial) (9 districts) (331 soums)

ALAGaC Offices

• Development of the, monitoring of the implementation and analysis of the national land management master plan,• Organization of the and monitoring of land protection, rehabilitation and management activities,• Organization of the implementation of and monitoring existing laws, legislations, guidelines and rules as well as sector related standards, norms and normative.• Formulation of amendment to the land related laws, regulations, instructions, guidelines and methodology,

LAND MANAGEMENTLAND MANAGEMENT

LAND MANAGEMENTLAND MANAGEMENT

• Land tenure issues,• Conducting state special use land

management,• Regulation of economic free zones,• Professional and methodological assistance

to the Local ALAGaC offices, interested parties regarding land management and land tenure issues,

• Controlling and resolving land related disputes.

CADASTRECADASTRE

• Land inventory and registration,

• Land state registration (real property formation)

• Cadastral survey

• Organization of implementation and monitoring activities of existing laws, legislations, guidelines and rules as well as sector related standards, norms and normative.

CADASTRECADASTRE

• Formulation of amendment to the land related laws, regulations, instructions, guidelines and methodology,

• Land information system

• Land quality and economic assessment

• Land market valuation/assessment.

GEODESY & CARTOGRAPHYGEODESY & CARTOGRAPHY

• Organization and implementation of the mapping of the territory of Mongolia,• Formulation of national geodetic network, unified mapping system on unified coordinate and height, and linkage with global and regional networks,• Organization of implementation and monitoring activities of existing laws, legislations, guidelines and rules as well as sector related standards, norms and normative,• Formulation of amendment to the land related laws, regulations, instructions, guidelines and methodology,• Establishment of unified geodetic and cartographic information system, provision of spatial data for social, economic and scientific demands,

GEODESY & CARTOGRAPHYGEODESY & CARTOGRAPHY• Establishment of information system for border demarcation,

mapping for national security and defence purposes,• Formulation and implementation of policy related with release of

training and public purpose thematic maps and atlases. • Clear definition of geographical names in Mongolia, marking in

geographical maps, release of geographical names’ directory with approved spelling for public application and practice.

• Formulation and application of standards, rules and regulations related with geodetic and cartographic services.

• Calibration of surveying equipment and establishment of unified geodetic survey system at the national level.

REAL PROPERTY TITLE REAL PROPERTY TITLE REGISTRATIONREGISTRATION

• Registration of titles to the real property,• Registration of titles to moveable properties,• Registration of titles related to the real

properties:– Mortgage,– Lease,– Servitude,– Usufruct,– Title to build on the land owned by another body,– Land tenure – land possession and use rights.

REAL PROPERTY TITLE REAL PROPERTY TITLE REGISTRATIONREGISTRATION

• Operation, maintenance and update of the real property title registration database,

• Formulation of amendment to the land related laws, regulations, instructions, guidelines and methodology,

LAWS ADMINISTERED BY ALAGaCLAWS ADMINISTERED BY ALAGaC

• Land Law• Law on Privatization of Land to Mongolian

Citizens• Land Fee Law• Law on the registration of rights to own a

property and other property rights related to it• Law on Geodesy & Cartography• Law on Cadastral Surveying & land cadastre

CHALLENGES FOR ALAGACCHALLENGES FOR ALAGAC

• Comprehensive and clear policy and strategy for ALAGaC independent of political ambitions of the politicians,

• Capacity building in human resources,• Integration of the departments and local

offices into “one united ALAGaC” considering the different background of the ALAGaC’s departments (create corporate identity or corporate culture),

• Provide more security for the real property rights,

CHALLENGES FOR ALAGACCHALLENGES FOR ALAGAC

• Establishment of the NLIS to support the implementation of the governmental tasks, development of the land market and better service for the public,

• Capacity building in hardware and software,• Better service for the public,• Better coordination of the governmental

organizations dealing with spatial data/geographic information and avoid duplication of spending governmental resources.

INTERNATIONAL COOPERATIONINTERNATIONAL COOPERATIONIt is very important part of the activities of It is very important part of the activities of ALAGaC. The following are some examples:ALAGaC. The following are some examples:

- Cadastral Survey & Land Registration Project – - Cadastral Survey & Land Registration Project – ADB loan,ADB loan,

- Fiscal Cadastre-Land Management project – Fiscal Cadastre-Land Management project – GTZ/German Government Grant, implementing GTZ/German Government Grant, implementing consultant is GFA,consultant is GFA,

- Capacity Building in Human Resources - Capacity Building in Human Resources Development to Strengthen the Land Development to Strengthen the Land Administration Sector project – Sida/Swedish Administration Sector project – Sida/Swedish Government Grant, implementing consultant is Government Grant, implementing consultant is Swedesurvey.Swedesurvey.

NATIONAL LAND INFORMATION SYSTEMNATIONAL LAND INFORMATION SYSTEM

• To be established within Cadastral Survey & Land Registration Project

• To make the daily work easier & better service for the public

• Support for the development of the land market and more secure rights

• To be contracted on the basis of international bid (bid announced May 1, 06)