Government Implementing agency

Ministries of Justice and Internal Affairs

non-governmental organizations

ESTABLISHING BRANCHES AND REPRESENTATIVE OFFICES OF INTERNATIONAL AND FOREIGN [NON-GOVERNMENTAL ORGANISATIONS] 

As the Immigration Authority is in charge of registering, giving permission to operate, extending operational term, and liquidation of branches and representative office of international and foreign non-governmental organisations in Mongolia and these matters shall be referred to the same. 

The Immigration Authority shall resolve whether to grant permission within 60 days by obtaining suggestions from relevant authorities and notify the same.  The resolution must be made at the meeting of the Management Board of the same. 

Required documents for establishing and operating a branch or representative office of international and foreign non-governmental organisations in Mongolia  

International and foreign non-governmental organisations shall submit their request to establish a branch or representative office to the Immigration Authority.  Following documents are required:

  1. A request letter;
  2. A filled application form for a permission to establish a branch or a representative office;
  3. A Board of directors' resolution of the applicant entity's head office approving the establishment of a branch or representative office;
  4. The charter of the head office [of the applicant organisation] (each page of the charter must bear the stamp of such organisation);
  5. Introduction of the authorised governing persons of the head office [of the applicant organisation];
  6. A certified copy of the registration certificate [of the applicant organisation ] which is registered in accordance with the home country's laws and regulations;
  7. A reference letter on the financing resources for the branch or representative office (a reference letter from the corresponding bank);
  8. An operating plan, and implementation period and budget thereof of the branch or the representative office;
  9. Application form to be filled out by the director/head of the branch or the representative office (1 photo);
  10. A Power of attorney granted by the head office of the applicant organisation to the director/head of the branch or the representative office;
  11. A copy of the national identification card or the passport of the director/head of the branch or the representative office;
  12. A reference letter issued by the police department of the home country of the director/head of the branch or the representative office which would show the criminal record of him/her;
  13. A Charter of the branch or the representative office;
  14. Number of employees to be employed by the branch or the representative office;
  15. The above mentioned documents must be translated into Mongolian (should be certified by the translation bureau) and prepared in 3 copies;
  16. The name of the branch or the representative office must be translated into Mongolian and must be written on the application form in Cyrillic;
  17. The name of the branch or the representative office must not be same as the names of other branch, representative offices or legal entities that are registered by the state authority in charge of state registration.


A permission to establish and operate a branch or representative office shall be issued for a period of one year. Extending the permission term of the branch or the representative office A request for extension of the operational term must be filed not less than 45 days prior to the expiry date of the same [and the following shall be submitted]:

  1. A request for extension of the permission term;
  2. A reference letter confirming the address of the applicant issued by the governor of bag or khoroo;
  3. A reference letter obtained from the tax electronic report system;
  4. The Registration certificate of the permission (original);
  5. A Copy of the business activity licence;
  6. An Operational report;
  7. A copy of the social insurance contribution book or a reference letter from the relevant district social insurance authority on social insurance contribution payment of the all employees;
  8. Reference letters from government organisations and the organisations which have jointly implemented project or programmes;
  9. A work plan for the following year;
  10. A budget approved by the authorised official; and
  11. Balance sheet/financial statement


The operational term of the branch office or representative office shall be extended for up to 2 years and certificate of the permission shall be issued on basis of payment slip of the stamp duty fee specified in the Law of Mongolia on Stamp Duty. Liquidating branch or representative office

  1. [If] a request to liquidate has been submitted on the grounds that the branch or representative office has accomplished its goal provided by its charter and on the other grounds;
  2. [In the event that] it has conducted an operation that is prohibited by the Law of Mongolia on Non-Governmental Organisation and other laws;
  3. The branch or representative office shall be deregistered on the basis that it has been liquidated or the operational permission has been terminated.
  4. If the branch or representative office is liquidated or its operational permission is terminated, the such news must be informed to the public through public media within 10 days.


Other:

  1. matters related to registration, grant of permission to operate, extension of the operational term, and liquidation of branches and representative office of international and foreign non-governmental organisations in Mongolia shall be decided at the meeting of the Professional Committee under the Immigration Authority.
  2. The operational term of the branch office or representative office is extendable for up to 2 years.
  3. If a branch or a representative office is required to obtain licence in connection with its operation from the relevant authority, it shall obtain such licence and register the same with the Immigration Authority within 5 days of obtaining of the same.
  4. A scheduled or unscheduled inspection shall be performed by the director/head of the branch or representative office, or in accordance with the guidance that is approved in cooperation with other authorised state authority at the operation of the branch or a representative office to confirm whether its operation is compliance with its purposes, including annual income, expenditure, and tax payment
  5. If the branch or representative office wishes to amend/revise its charter or to change its name, this must be notified to the Immigration Authority within 10 days.
  6. A payment slip of stamp duty fee (extending certificate – MNT 360,000, giving an operational permission - MNT 900,000, and replacing the certificate – MNT 10,000)

  

APPLICATION FORM FOR REQUESTING PERMISSION FOR ESTABLISHING BRANCH OR REPRESENTATIVE OFFICE OF INTERNATIONAL OR FOREIGN NON-GOVERNMENTAL ORGANISATION