THE DRAFT LAW ON PUBLIC-PRIVATE PARTNERSHIPS

4/13/2022

It is essential to implement large projects sustainably in the long run based on private sector participation and investment. Hence, government measures, policies, and private sector initiatives are critical in long-term partnerships. 

 

The Law on Concessions was approved in 2010, and since then, the public,  private sector, and participants have understood concessions as a public and private partnership. However, according to international concepts, standards, and regulations, a concession is only one type of public-private partnership agreement. In other countries, the public-private partnership is determined as the legal framework for implementing extensive infrastructure and public service projects financed by the private sector in the long term efficiently and sustainably with low risk. 

In the framework of the "Strengthening Governance in Mongolia Project," jointly implemented by the World Bank and the Ministry of Finance, began to study the implementation of the Concession Law, its agreements, and their impact on the budget in 2019 and introduced it to the Cabinet meeting in 2021 based on the summary reports and recommendations. Following the government's decision, the Ministry of Finance began drafting the Law on Public-Private Partnerships in July 2021 in compliance with the Law on Legislations, developed the approved concept paper of the draft PPP law, and submitted it to Parliament. It is worth noting that the draft law was studied and followed following the "PPP Law" developed in 2019 by the United Nations Commission on International Legal Trade (UNCITRAL).

At the Cabinet meeting on June 24, 2021, a working group was established to analyze the Law on Concessions, draft the Law on Public-Private Partnerships, and instruct the Minister of Finance to submit the draft law to the Cabinet. Accordingly, the Minister of Finance issued Order No. 104 in 2021 to establish a working group to draft a law on Public-Private Partnerships and drafted the law following the requirements of the Law on Legislation.

Public-private partnerships are a relatively new concept in Mongolia; therefore, it requires an analysis of other countries' experiences, studies, and findings. It also draws from PPPs from the UNCITRAL PPP Model Law issued by the United Nations Commission on International Trade Law. Meetings were held virtually and in-person between consultants of the World Bank and the International Monetary Fund to discuss specific issues outlined in the draft law and exchange ideas on each article and provision. 


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The Ministry of Finance Mongolia has developed and successfully launched the Intermediate Service Platform (ISP) in 2022 within the framework of the Strengthening Governance in Mongolia Project. The main purpose of the system is to provide a possibility of information /web services/ exchange between the independent systems of the Ministry of Finance and other organizations in a easy and flexible way. In addition, it is solving the issues of overlapping connections and development between many information systems and organizations, transferring them to a unified standard, making it has no complexity, and more secure.

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