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Immigration Naturalization Office

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					                                        STATUTE OF OFFICE OF IMMIGRATION,
                                     NATURALIZATION AND FOREIGN CITIZENS


                                                     One. General


     1.   This Statute establishes the functions and powers of the Office of Immigration,
Naturalization and Foreign Citizens of Mongolia.
     2. The Office of Immigration, Naturalization and Foreign Citizens of Mongolia
(hereinafter “Office”) shall have the main functions of implementing and overseeing the legislation related to the
legal status of foreign citizens and coordinating the workings of state administrative agencies in the area of the
legal status of foreign citizens.
     3. Costs of the activities of the Office shall be funded from the State Budget.
     4. The Office shall use its own stamp, sign, blank letterhead.


                                            Two. Structure of the Office


     5. The Office shall function under the auspices of the Minister of Justice and Home
Affairs of Mongolia.
     6. The Office shall consist of the following divisions:
               Authorization and registration division
               Administrative and Management division.
     7.   The Head of the Office shall be appointed and removed by the Minister of Justice
and Home Affairs. The Deputy Head of the Office shall be appointed and removed by the Minister of Justice and Home
Affairs upon nomination by the Head of the Office.
     8. The other staff of the Office shall be appointed and removed by the Head of the
Office.
     9. An Office staff shall have a personal employee ID and a personal stamp. The ID
and stamp format shall be set by the Minister of Justice and Home Affairs.
     10. The Head of the Office shall report to the Minister of Justice and Home Affairs.




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                                              Three. Powers of the Office


    11. The Office shall exercise the following specific rights and responsibilities in order
to accomplish its functions stated in Art. 2 of this Statute:


In the area of management and organization:
         (i) To submit input to the national policy on the issues of immigration, naturalization and foreign citizens,
              to provide recommendations on the number, composition and changes in the number of immigrants in
              Mongolia upon consideration of the population size, density, geographic location, level of development
              etc.;
         (ii) To coordinate state administrative and local agencies in the areas of immigration, naturalization and
              the legal status of foreign citizens, to oversee the implementation of the relevant national policy, to
              issue specific orders and instructions and ensure implementation thereof;
         (iii) To provide informational and methodological assistance on the matters of immigration, naturalization
              and foreign citizens to diplomatic missions and consular offices of Mongolia through the Foreign
              Affairs Ministry of Mongolia;


In the area of registration and authorization:
         (iv) To issue an ordinary visa or visa authorization;
         (v) To issue, or refuse to issue, or cancel, extend, shorten, change the type of, an exit or exit-entry visa to
              a permanent resident or immigrant in Mongolia;
         (vi) To submit a recommendation to the Ministry of Labour and Social Welfare of Mongolia on the matters
              related to permission of self-employment, or employment at a government, non-government,
              international or representative office a business entity, licensing of a business activity by a private
              permanent resident or immigrant;
         (vii) To submit a recommendation to the Ministry of Labour and Social Welfare of Mongolia on the matters
              related to permission of extension of study or employment in Mongolia at a different employer or
              educational institution upon termination or annulment of an agreement of a foreign citizen who works




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     or studies in Mongolia under an inter-governmental agreement or other authorized agreement, or
     who works at a representative office of an international or non-governmental organization;
(viii) To submit a recommendation to the Ministry of Labour and Social Welfare of Mongolia on the matters
     related to permission of hiring employees from abroad;
(ix) To register a foreign citizen or stateless person who is a passenger, temporary or permanent
     resident in Mongolia;
(x) To issue a residence permit to a permanent resident or immigrant foreign citizen or stateless person
     confirming his/her residence in the given administrative territory of Mongolia;
(xi) To issue a passenger (travel) document to a stateless person traveling abroad, to issue an exit visa to
     a foreign citizen who entered Mongolia using false documents, or lost his/her passport and received a
     return document from the diplomatic mission or consular office of his/her country;
(xii) To extend the residence permit of a passenger on a business or personal trip, temporary or
     permanent resident, immigrant in Mongolia;
(xiii) To keep the residence permit of a permanent resident, immigrant or stateless person in Mongolia
     traveling abroad, to permanently keep the resident permit if the person leaves Mongolia for good;
(xiv) To maintain the registration of:
          Mongolian visas;
          Visa permissions;
          Individuals who have been granted, or have changed, or lost Mongolian citizenship, or whose
          Mongolian citizenship has been reinstated;
          Permanent residents, immigrants and stateless persons in Mongolia;
          Foreign passengers in Mongolia;
          Foreign citizens or stateless persons who have adopted a Mongolian citizen, children who have
          been adopted by foreign citizens or stateless persons;
          Foreign citizens or stateless persons who have been imposed administrative liability, or
          investigated in a crime, or deported from Mongolia.
(xv) To gather from relevant entities and maintain database of information described in the legislation
     related to immigration, naturalization and foreign citizens;
(xvi) To issue an invitation letter for a foreign citizen upon request by an inviting entity or individual;




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(xvii)     To issue a permission to foreign citizens or stateless persons to adopt a Mongolian citizen upon
      recommendation by the Ministry of Labour and Social Welfare;
(xviii)    To issue a permission to a foreign non-governmental or international organization to establish
      their representative office in Mongolia and to maintain registration thereof;


In the area of naturalization:
(xix) To receive application from foreign citizens or stateless persons to become a Mongolian citizen, to
      submit its recommendation, along with accompanying documentation, to the President of Mongolia for
      the final decision upon presentation to the Prime Minister of Mongolia;
(xx) To monitor the implementation of a decision related to naturalization;
(xxi) To request recommendation or opinion from intelligence or police authorities on an individual who has
      applied for, or abandon, or reinstatement of, Mongolian citizenship, to request any other data or
      documents from other Mongolian entities and officials free of charge;
(xxii)     To determine a list of documentation required for deciding a naturalization issue.


In the area of immigration:
(xxiii)    To issue a permission to a foreign citizen or stateless to immigrate in Mongolia;
(xxiv)     To settle to an issue of immigration or permanent residence of a Mongolian citizen abroad, to
      maintain database thereof;
(xxv)      To reinstate the permission of, or to issue a new permission to, a foreign immigrant who has
      damaged, or lost his permit of permanent residence.


In the area of monitoring:
(xxvi)     To recommend a deportation of a foreign citizen and legal grounds thereof to the Minister of
      Justice and Home Affairs, to implement the decision thereof;
(xxvii)    To apply sanctions described in the law against a foreign citizen who has exceeded his/her
      permit of residence or travel in Mongolia, or has illegally worked in Mongolia, or found in violation of
      the legislation related to the naturalization, status of foreign citizens or registration, to inspect and
      verify documentation in order to prevent a violation, to inform the police authorities, if necessary;




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    (xxviii) To temporarily detain an individual who has entered Mongolia using invalid documents, or has
         used somebody else’s documents until the investigation by the relevant authorities.


12. The Office shall recommend the deportation of a foreign citizen to the Minister of Justice and Home Affairs
    who has committed the following offense:
    (i) Entry into Mongolia using invalid or another person’s documents, failure to leave Mongolia upon expiry
         of the residence permit;
    (ii) Failure to leave Mongolia despite cancellation or confiscation of the residence permit in Mongolia;
    (iii) Engagement in employment without proper authorization, or engagement in an activity different from
         the original reason of entering Mongolia.


13. Immediately after the deportation, decision has been made pursuant to Art. 12, the Office shall inform the
    foreign citizen, search for him/her together with the police and border patrol if his/her address is
    unknown, deport him/her within the time period indicated the deportation decision.


                                    Four. Powers of a staff of the Office


14. A staff of the Office shall exercise the powers of the Office described in Art. 2,3,4,5 of this Statute.
15. A staff of the Office shall have the right to inspect documents of a foreign citizen or stateless person in
    order to prevent his/her violation of the legislation related to the foreign citizens, naturalization and
    immigration, to rectify such violation if occurred, to verify the address, to implement the deportation
    decision, to receive the police support in order to eliminate the violation.
16. An inspector of the Office shall enjoy the powers of a state inspector and shall inspect the implementation
    of the legislation related to registration of foreign citizens in Mongolia and to apply necessary sanctions
    against such violation.
17. If a staff of the Office violated the legislation him/herself when exercising his/her powers, he/she shall be
    held liable in accordance with the law.




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                                              Five. Miscellaneous


18. The Office shall communicate and cooperate with diplomatic missions or consular offices in Mongolia as
    well as relevant agencies of a foreign country in Mongolia on the matters of foreign citizens, naturalization
    and immigration in accordance the laws of Mongolia, international law norms and customs.
19. The Office shall seek support of the Ministry of Foreign Affairs of Mongolia, police and border patrol in the
    implementation of the deportation decision or the legislation.




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