Land Privatization in Mongolia

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Regulatory Agency of the Government of Mongolia ADMINISTRATION OF LAND AFFAIRS, GEODESY AND CARTOGRAPHY

LAND PRIVATIZATION IN MONGOLIA
International Seminar on Land Administration Trends and Issues in Asia and Pacific Region August 19 - 20, 2008 Kuala Lumpur, Malaysia Chinzorig Batbileg Advisor to Director General chinzorig@mongol.net

CONTENT
1. 2.

Facts about Mongolia Historic background of Land Administration Land Reform Land Privatization Recommendations

3. 4. 5.

MONGOLIA
R U S S I A N F E D E R A T I O N

P E O P L E’S

R E P U B L I C

OF

C H I N A

1.5 mil. sq. km, average altitude 1580 m, highest 4,374 m, lowest 560 m, continental harsh climate (~ -60°C + 45°C) Land locked country with two big neighbors – Russia and China 2.6 mil. inhabitants, 2/3 of the population is below 30 years

MONGOLIA
Parliamentary type of Government, President second in authority to Parliament Administratively divided into the Capital City – Ulaanbaatar (9 districts) and 21 provinces (329 sub-provinces) Capital city – Ulaanbaatar (1.3 million inhabitants)

HISTORIC BACKGROUND OF LAND ADMINISTRATION

Until the mid of 20th century:
Nomadic way of life – main source of livelihood was pastoral live-stock production Only few settlements, very little agricultural/crop production Proprietary rights and mentality related to land ownership are much different compared to the settled way of life

Attachment to particular piece of land is rather abstract then proprietary and economic

NOMADIC FAMILY IN THE COUNTRYSIDE

Today the nomadic traditions are still very strong. Maintaining this way of life is very important for Mongolians.

HISTORIC BACKGROUND OF LAND ADMINISTRATION

Since the mid of 20th century until the 1990’s:
Intensive urbanization and agricultural development (crop production) All land belonged to the state Legislations, regulations, rules on land management adopted, land use classification created and land inventory established and maintained

LAND REFORM
New Constitution in 1992 – fundamentals for political, social & economic reforms The Constitution allowed different forms of land tenure, especially private ownership The New Constitution and the “new” social, economic and legislative dimensions were the basis for the development and reform of land administration sector Land Administration emerged as new sector

LAND REFORM
Legislative Framework:
First Land Law in 1994, amended in 2002
- Allowed the different forms of land tenure, i.e. land ownership, land possession and land use rights - One of the far reaching & most important laws

Following the Land law there were number of laws adopted and relevant regulations and resolutions issued: - Law on Land fee (1997) and Governmental Resolution determining the value zones and fee rates (1997) - Law on Cadastral survey and land cadastre (1999) - Law on Allocation of land to Mongolian citizens for ownership (2002, last amended in 2008)

LAND REFORM Legislative Framework: - The rapid and intensive changes in the country requires amendments and improvements of the legislative framework

- ALAGaC is supporting the Government to make
amendments in the set of land related legislation

LAND REFORM
Institutional Framework:
Administration of Land Affairs, Geodesy & Cartography (ALAGaC) established in Jan 2003 - by merging 3 different organizations i) State Administration of Geodesy & Cartography, ii) Land Management Authority and iii) Real Property Registration Authority - Real Property Registration is separated from ALAGaC in Sept 2006 and formed Administration of State Registry of Titles (ASRT) - Both ALAGaC and ASRT report to the Ministry of Construction & Urban Development

Other Ministries - Mining Cadastre - Ministry of Industry & Trade - Agricultural and pasture land – Ministry of Food & Agriculture - Protected areas, forest and water resources – Ministry of Nature & Environment

LAND REFORM Institutional...
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