Legal status of Ulaanbaatar city, Structure, Difficulties of organizing

2014.04.15

City Governor’s Office

Contents:

1. Legal status of Ulaanbaatar city, Structure and Organizing

2. Difficulties facing

3. Work in progress and It’s progress

4. “Development of Ulaanbaatar city Set of rules” Project and it’s Progress

1. Legal Status of Ulaanbaatar city, Structure and Organizing

46% of total population lives in Ulaanbaatar the capital city of Mongolia, Political, Economical, Social and Cultural

capital.

Capital

Administrative and territorial

unit

Capital city of Mongolia

Ulaanbaatar city

From constitutional law of Mongolia...

SECTION ONESTATE SOVEREIGNTY

Article eighteen.1. Capital is where the higher Political organization is. Ulaanbaatar city is the capital city of Mongolia.2. Legal basis of Ulaanbaatar city is approved by Constitutional law of Mongolia.

SECTION FOURADMINISTRATIVE AND TERRITORIAL UNIT OF MONGOLIA

AND IT’S MANAGEMENT

Article twenty seven.1. Territorial Unit of Mongolia is Aimak(Province) and Capital, Aimak is split into “sum”, “Sum” into subdivisions, Capital is split into districts, Districts into quarters.2. Legal basis of Cities and Villages are approved by Constitutional Law of Mongolia.

Today’s legal Structure

~600 Laws are active in the country, 160 of them are for the administration and 20 of them are used in everyday activities.

Ulaanbaatar City

The capital

Law of Administrative territory

/2006 он/

Law of Cities and Villages

/1993/

Law about legal status of

Ulaanbaatar city

/1994/

Capital, Districts, Provinces are on same level of administration so their rights coincide

Difficulties of Capital, District, City within quarters , villages are not ressolved.

Cities and Capitals are on same level of administration

Three. Problems created by Law, legal regulations

•Legal status of City•City Structure•City Economical rights

1. Difficulties with Ulaanbaatar city legal rights

• Authority, Territorial unit called capital, economy, society, culture, populated Capital, Ulaanbaatar city theese understandings are not seperated;

• Legal status of the city is uncertain, Government, administrations are under control of territorial unit “capital”;

• There are no participation of civilians in building cities;• City within the capital is not regulated;• Difficulties of the city are dealt with the Parliament,

Government : /general architecture, City taxes, Bonds, Prices of the lands are not regulated with governor’s office/;

• State and government, administrative rights are dominant, City lost business integrity management;

• City council has almost 350 chairmen and 18 Citizens' Representative Meetings and it makes decisions difficult

• capital and District authority’s rights always interfere /Ex: State services/

• Quarters don’t have rights to spend budget and promote citizen participation;

• City businesses have difficulty to transmit through the territorial units;

• City citizens don’t have any rights to make their own city rules;• Health, safety and environment criteria unknown, there is no legal

chances on planning the living spaces by Citizens' initiative

2. Difficulties of Ulaanbaatar city structure

НЗДТГ, ЗАА

49

6

70

ДЗДТГ, дүүргийн харьяа хэлтэс

160

Хэрэгжүүлэгч агентлаг

183

Харьяа байгууллага

72

Summary of services

Summary of services- 540(not duplicated)

• City can’t have any income policies. Ex:– Authorities cant set the local tax policies on

their grounds;– Taxes named “Local taxes” are just shared

taxes;– The challenges faced by cities cant have

economic ways to solve because cities don’t have any city tax policies;

– City can’t release IPO’s, trade, Financial lease services , doesn’t have secure loan policies

3. Difficulties with city economics

Three. Works in Process

Ways to resolve...

Give cities the chance to develop itself, improve the legal framework, make changes in applicable laws;

Make city rules and follow it, make city multilateral system of rules governing the activities of life;

Reveal Ulaanbaatar city development plans till 2030 to citizens, accessible and understandable, in future make territorial unit rules;

Work in progress of Capital

About Capital city taxes developed the draft law and submitted to Prime minister and Ministry of Finance

Develop the cityDraft law was developed with cooperation with the ministry of building and urban development and now discussed on parliament.

By directive of the President of Mongolia a working group was created to Ensure the independece of the city

Ulaanbaatar's ranking of the Government and submitted to Parliament.

“Developing Ulaanbaatar city’s set of rules”-In progress

Developed draft law for Town and village, on making amendments to the law on the legal status and submitted to the parliament

Four. “Developing set of rules in Ulaanbaatar city” Project and Process

“Developing set of rules in Ulaanbaatar city” The feasibility and necessity

• Because Ulaanbaatar’s population, economy, social interaction is growing everyday so retained difficulties must be resolved effectively, Based on the citizen participation safe and healthy condition must be developed

• “Cities and provinces will have rules to be open to citizens and difficulties must be resolved with the help of the citizen participation” /Government’s action plan of 2012-2016 7th chapter /

• “Ulaanbaatar city rules will be developed with the help of the citizen participation” /Ulaanbaatar city’s governor’s action plan of 2013-2016 chapter 5.1/

Project to develop Ulaanbaatar city’s set of laws

Purpose Develop set of rules aimed to city citizens for regulating everyday life, consistent with the public interest, public health, safety, comfortable residence

Planned Works

Develop set of rules in Ulaanbaatar:- Basic Rules- To improve the social living or the economic activities for

the citizens which is made of 56 ACT of rules

Started in 2013.04.08

Duration 2.5 years

The Employer Governor’s office

Contractor “Ach Holding” LLc

STRUCTURE OF THE CITY RULES

Fundamen-tal rules

/CHAPTER/

Approved by the city citizens

Sector regulations

/CODES/

Regulations/RULE & REGULATION/

Approved by city council

Agencies develop and approve

The fundamental

law of the city

56 Rules

...

PROJECT SCOPES AND LIMITS

Yellow Rule project which is

developed by

“Ach Holding”

LLc./9 Projects/

With the help of the consultants developed red project

rule/6 Projects/

Green Rule project which is finished

developing and ready

for the official Forum

Phases of developing city rules

National Consultants Consult according to the

laws and regulations

Governor’s office and other associated

organizations cooperate

Worked according to the 2013 and 2014 plan :

• Studied the rules of other developed cities of the world and the model city is Denver of USA.

• National consultants processed the yellow rule project and these rules are developed ready for the green rule forum :

1. Fundamental rules;2. Explanation rules for the rules;3. Fire safety rules;4. Rules for the streets, roads, sidewalks and other pudblic

spaces; 5. Rules for protection Woods and other plants; 6. Rules for traffic and road safety.

PROJECT PROCESS

• Yellow rule project which is developed by the consulting company ready to National Consultants work on:

1. Livestock rules;2. Planning and development rules;3. City council session;4. Pest rules;5. Rules for licensing the airports and helicopter pads ;6. Rules for the taxi and other paid transportation services;7. Water pool rules;8. Ambulance, fire truck, Police transport rules;9. Rules for school busses.

• List of 399 rules which approved from Governor’s office is saved as a file on website.

• “Ulaanbaatar rules” the website that posts new approved rules from governor’s office.

PROJECT PROCESS

2014 works in progress

• Developed rules in accordance with the law which develop with the support of Asia foundation needs to be monitored

The rule draft will reflect pudlic opinion:•Create an public forum;•Kick-start “City Rules” websites;•Develop a committee of community initiatives

• Develop and approve 25 set of rules.

• “Smart Ulaanbaatar” Project:

Code rules which approved by the capital and district. Develop united database of all the government desicions

With the help of Asia Foundation

Ulaanbaatar city general plan should be open, accessible and understandable to citizens

Thank you for paying attention