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Labor disciplinary sanctions
According to the Labor Law, the employer has the basic right to impose labor disciplinary sanction and liability of property on employees in conformity with legislation. According to Article 123 of the law, "disciplinary violation" means wrongful actions or omissions of an employee that violates labor laws, employment contract, internal labor norms, or job descriptions
Regulation of renewable energy in Mongolia
Renewables Readiness Assessment of Mongolia prepared jointly by the International Renewable Energy Agency (IRENA) and the Ministry of Energy of Mongolia, finds that electricity output from the country’s solar and wind resources alone could reach 15,000 terawatt-hours (TWh) per year, the equivalent of more than 18 million tonnes of avoided coal.
Mongolian Mining Industry 2023
Mongolia is in the heart of the Central Asian Orogenic Belt located between the East European, Siberian, North China, and Tarim cratons, and is considered the largest area of Phanerozoic continental crustal growth. Mongolia is a favorable environment for medium and long-term foreign direct investment (FDI) for its vast natural resources, wide agricultural potential, and its geographical location neighboring countries that are major Asian markets.
Permanent establishment registration process
Permanent Establishment is defined in Article 6 of the Corporate Income Tax Law and Articles 5 and 7 of the “International Convention on the Prevention of Double Taxation and Tax Evasion on Income and Capital”. In short, a PERMANENT ESTABLISHMENT is a unit that fully or partially conducts the activities of a taxpayer in Mongolia.
The law of the free zone
The purpose of this law is to set out principles pertaining to establishment, reorganization and dissolution of Free Zone, their location, management powers, control systems, and determines the legal basis for taxes, customs, entry/exit clearance, registration of legal entities and individuals, and employment to be adopted at Free Zone and regulates the relations connected therewith.
New law on public – private partnership
The Parliament of Mongolia enacted the Public-Private Partnership Law (“PPP Law”) based on the research of model law on Public-Private Partnership and its handbook replacing the previous Law on Concession (2010) on 9th December, 2022 and coming into effect on 31st December, 2023.
Tax control and appealing its results in Mongolia
The Tax Administration shall conduct tax audits in accordance with both general and special guidelines. These audits will be assigned and carried out in a comprehensive or partial manner, ensuring compliance with international standards and legislation as specified in Article 41.2 of the General Law on Taxation.
Feature and legal regulations of franchising in Mongolia
In general, a franchise is a method of distributing products or services involving afranchisor, who establishes the brand’s trademark or trade name and a business system,and a franchisee, who pays a royalty and often an initial fee for the right to do businessunder the franchisor’s name and system according to the definition by the InternationalFranchise Association.
Enforcement of foreign judgment and foreign arbitral awards for Mongolia
According to Article 116 of the Law on the Enforcement of Court Judgment, regulations for enforcing judgments of foreign courts, international courts, and arbitration awards in the territory of Mongolia shall be determined under this Law and international treaty in which Mongolia is Party to, and according to article 6.2 of this law, civil judgment enforcement operations shall be conducted on the basis of the decision of foreign courts, international courts or arbitration awards if stipulated in the international agreements of Mongolia.
Alternative dispute resolution methods – arbitration
Arbitration is a consensual mechanism to resolve disputes by one or more private decision makers (arbitrators) selected by the parties pursuant to a mechanism agreed by them in an adjudicatory procedure, and resulting in a final and binding decision /arbitral award/ (Tony Andriotis, Emmanuel Jacomy, and Artis Straupenieks). It is one of the out-of-court alternative dispute resolution procedures in many countries, including Mongolia.