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矿产资源开采登记管理办法 Measures for the Registration Administration of Mineral Resources Exploitation

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国务院令第241号
(Promulgated by Decree No. 241 of the State Council of the People's Republic of China on February 12, 1998)
颁布日期:19980212  实施日期:19980212  颁布单位:国务院

  Article 1 These Measures are formulated in accordance with the Mineral Resources Law of the People's Republic of China with a view to strengthening the administration of mineral resources exploitation, protecting the lawful rights and interests of persons with mining right, maintaining order in mineral resources exploitation and promoting the development of the mining industry.

  Article 2 These Measures must be adhered to in the exploitation of mineral resources within the territory of the People's Republic of China and other sea areas under its jurisdiction.

  Article 3 Exploitation of the following mineral resources shall be subject to the examination, approval and registration of the competent department of geology and mineral resources under the State Council and issuance of mining permits:

  (1)mineral resources within the state-planned mining areas and the mining areas of essential value to the national economy;

  (2)mineral resources within the territorial waters and other sea areas under China's jurisdiction;

  (3)mineral resources the exploitation of which are undertaken by foreign business investment; and

  (4)mineral resources listed in the Appendix to these Measures.

  Whoever exploits petroleum and natural gas mineral resources shall, upon the examination and consent of the organ designated by the State Council, be registered by the competent department of geology and mineral resources under the State Council and issued a mining permit.

  Whoever exploits the following mineral resources shall be subject to the examination, approval and registration of the competent departments of geology and mineral resources of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government and issuance of mining permits by them:

  (1)mineral resources other than those specified in the First Paragraph and Second Paragraph of this Article the mineral reserve of which is above the medium scale; and

  (2)mineral resources the examination, approval and registration of which by the competent departments of geology and mineral resources of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government have been authorized by the competent department of geology and mineral resources under the State Council.

  Whoever exploits the mineral resources other than those specified in the First Paragraph, Second Paragraph and Third Paragraph of this Article shall be subject to the examination, approval and registration of the departments responsible for the administration of geology and mineral resources of local people's governments at or above the county level and issuance of mining permits by them pursuant to the measures for administration formulated by the standing committees of people's congresses of the provinces, autonomous regions and municipalities directly under the Central Government.

  In case of the scope of a mining area stretching beyond the administrative areas at or above the county level, it shall be subject to the examination, approval and registration of the joint registration administration organ at the next higher level of the administrative areas involved and the issuance of a mining permit by it.

  Departments responsible for the administration of geology and mineral resources of local people's governments at or above the county level should, upon examination, approval and issuance of permits, report level by level to the departments responsible for the administration of geology and mineral resources of people's governments at the next higher level for the record.

  Article 4 An applicant for mining right should, prior to the filing of an application for mining right, apply to the registration administration organ for the delimitation of the scope of the mining area on the basis of the approved report of geological survey on the reserves.

  In case of necessity of application for the listing of the project and establishment of a mining enterprise, relevant formalities should be completed pursuant to state provisions on the basis of the delimited scope of the mining area.

  Article 5 An applicant for mining right should, in applying for the processing of a mining permit, present the following materials to the registration administration organ:

  (1)a letter of application for registration and a map of the scope of the mining area;

  (2)certificate of the human quality of the applicant for mining right;

  (3)development and exploitation scheme for the mineral resources;

  (4)approval document for the establishment of a mining enterprise in accordance with law;

  (5)report on the evaluation of environmental impact of exploitation of the mineral resources; and

  (6)other materials the presentation of which are prescribed by the competent department of geology and mineral resources under the State Council.

  Approval documents of the competent departments concerned under the State Council should be presented as well for applications for the exploitation of mineral resources within the state-planned mining areas or mining areas which are of essential value to the national economy and specific mineral categories of which the State practises protective exploitation.

  An applicant for the exploitation of petroleum and natural gas should as well present the approval document of the State Council approving the establishment of a petroleum company or approving the exploitation of petroleum and natural gas and certificate of corporate capacity of the mining enterprise.

  Article 6 The registration administration organ should, within 40 days from the date of receipt of an application, make a decision on the approval for registration or no registration and inform the applicant for mining right.

  In case of necessity for the applicant for mining right to revise or supplement the materials specified in Article 5 of these Measures, the registration administration organ should notify the applicant for mining right to make the revision or supplement within the specified time period.

  An applicant for mining right should, when approved for registration, within 30 days from the receipt of the notice, pay the mining right user's fee pursuant to the provisions of Article 9 of these Measures and pay the mining right purchase price formed by state-contributed exploration and survey pursuant to the provisions of Article 10 of these Measures, go through the formalities of registration, obtain a mining permit and become a person with mining right.

  In case of no registration, the registration administration organ should explain the reasons to the applicant for mining right.

  Article 7 The validity of a mining permit shall be determined according to the scale of construction of the mine; the maximum validity of a mining permit for a big-size mine and above shall be 30 years; the maximum validity of a mining permit for a medium-size mine shall be 20 years; the maximum validity of a mining permit for a small-size mine shall be 10 years. In case of necessity of continuing exploitation on expiry of the validity of the mining permit, a person with mining right should, 30 days prior to the expiry of the validity of the mining permit, go through formalities of extention at the registration administration organ.

  A person with mining right who fails to complete the formalities of extension on expiry, his/her mining permit shall be automatically annulled.

  Article 8 The registration administration organ should, upon issuance of a mining permit, inform the people's government concerned at the county level of the locality wherein the scope of the mining area is located. The county level people's government concerned should, within 90 days from the date of receipt of the notice, make an announcement on the scope of the mining area, and may, in accordance with the application of a person with mining right, organize the installation of boundary markers or installation of ground markers.

  Article 9 The State practises the system of paid-for obtainment of mining right. The mining right user's fee shall be paid on a yearly basis according to the area of the scope of a mining area. The rate shall be RMB 1,000 Yuan per square kilometer per year.

  Article 10 An applicant for mining right should, in applying for mining right for mineral areas the exploration and survey of which are contributed by the state and the reserve has been ascertained, pay the mining right purchase price formed by state-contributed exploration and survey confirmed upon appraisal as well in addition to the payment of the mining right user's fee pursuant to the provisions of Article 9 of these Measures; the mining right purchase price may, pursuant to relevant state provisions, either be paid in lump sum or in installments.

  Appraisal of the mining right purchase price formed by state-contributed exploration and survey shall be carried out by appraisal agencies certified by the competent department of geology and mineral resources under the State Council in conjunction with the department of state-owned assets management under the State Council; the appraisal results shall be confirmed by the department of geology and mineral resources under the State Council.

  Article 11 The mining right user's fee and the mining right purchase price formed by state-contributed exploration and survey shall be collected by registration administration organs and integrated into state budget management in total. Specific measures for their management and use shall be worked out by the competent department of geology and mineral resources under the State Council in conjunction with the department of finance and the competent department of planning under the State Council.

  Article 12 A person with mining right may file an application and enjoy reduction of or exemption from payment of the mining right user's fee or the mining right purchase price subject to the examination and approval of the registration administration organ of people's government at or above the provincial level pursuant to the measures for the reduction and exemption of the mining right user's fee and the mining right purchase price formulated by the competent department of geology and mineral resources under the State Council in conjunction with the department of finance under the State Council in the event of any of the following circumstances:

  (1)exploitation of mineral resources in border regions, remote regions and poor regions;

  (2)exploitation of mineral categories that the State is in urgent demand or shortage;

  (3)serious losses or suspension of production of a mining enterprise resulting from natural disasters or other causes of force majeure; and

  (4)other circumstances specified by the competent department of geology and mineral resources under the State Council and the department of finance under the State Council.

  Article 13 Mining right may be obtained with a payment in the form of invitation to tender and bidding.

  Registration administration organs shall, pursuant to the terms of reference of the provisions of Article 3 of these Measures, determine the scope of mining areas for invitation to tender, publish a tender notice and set forth bidding requirements and the date of termination; however, the scope of mining areas for invitation to tender from abroad shall be determined by the competent department of geology and mineral resources under the State Council.

  Registration administration organs shall organize evaluation of the biddings and determine the winning bidder following the principle of selection on merit. The winning bidder shall, upon payment of fees specified in Articles 9 and 10 of these Measures, go through the formalities of registration, obtain a mining permit, become a person with mining right and fulfil the obligations undertaken in the tender.

  Article 14 The registration administration organ should conduct supervision and inspection in accordance with law with respect to the rational development and exploitation of mineral resources, environmental protection and other legal obligations that should be fulfilled by persons with mining right within its respective administrative area. Persons with mining right should truthfully report the relevant information and present annual reports.

  Article 15 A person with mining right should, within the duration of validity of the mining permit, file an application for registration of change(s) at the registration administration organ in the event of any of the following circumstances:

  (1)change in the scope of a mining area;

  (2)change in the exploitation of main mineral categories;

  (3)change in the mode of exploitation;

  (4)change in the name of a mining enterprise; and

  (5)transfer of the mining right approved according to law.

  Article 16 In case of suspension of operations or closure of a mine within the duration of validity or on expiry of the mining permit, a person with mining permit should, within 30 days from the date of decision on the suspension of operations or closure of the mine, apply to the original permit issuing authority for going through the formalities of nullification of the registration.

  Article 17 Any unit or individual that engages in mining without authorization and obtainment of a mining permit, or enters a state-planned mining area and the scope of a mining area of essential value to the national economy for mining without authorization, or exploit without authorization specific mineral categories under protective exploitation prescribed by the state, or engages in mining beyond the approved scope of the mining area shall be penalized pursuant to the provisions of relevant laws and regulations.

  Article 18 Whoever fails to present the annual report pursuant to the provisions of these Measures, refuses to accept supervision and inspection or practises fraud shall be ordered to stop the illegal acts, administered a warning and may concurrently be imposed a fine of less than RMB 50,000 Yuan by the department responsible for the administration of geology and mineral resources of people's government at or above the county level pursuant to the terms of reference prescribed by the competent department of geology and mineral resources under the State Council; where the circumstances are serious, the mining permit shall be revoked by the original permit issuing authority.

  Article 19 Whoever damages or shifts without authorization boundary markers or ground markers delimiting the scope of a mining area shall be ordered to make the restoration within the specified time period by the department responsible for the administration of geology and mineral resources of people's government at or above the county level pursuant to the terms of reference prescribed by the competent department of geology and mineral resources under the State Council; where the circumstances are serious, a fine of less than RMB 30,000 Yuan shall be imposed.

  Article 20 Whoever engages in printing or forgery and infringement of mining permits without authorization shall be confisticated of the illegal gains and may concurrently be imposed a fine of less than RMB 100,000 Yuan by the department responsible for the administration of geology and mineral resources of people's government at or above the county level pursuant to the terms of reference prescribed by the competent department of geology and mineral resources under the State Council; where a crime has been constituted, criminal liability shall be investigated according to law.

  Article 21 Whoever fails to pay the payable fees specified in these Measures on time in violation of the provisions of these Measures shall be ordered by the registration administration organ to effect the payment within the specified time period, and an additional 0.2% of delaying payment per day shall be charged from the date of delayed payment; whoever still fails to effect the payment on expiry of the specified time period shall be revoked of the mining permit by the original permit issuing authority.

  Article 22 Whoever fails to go through the formalities of registering the change(s) in the mining permit or nullification of the registration in violation of the provisions of these Measures, shall be ordered by the registration administration organ to make a rectification within the specified time period; whoever fails to make a rectification on expiry of the specified time period, the mining permit shall be revoked by the original permit issuing authority.

  Article 23 Whoever engages in exploitation of petroleum and natural gas mineral resources in violation of the provisions of these Measures shall be imposed administrative penalties by the competent department of geology and mineral resources under the State Council pursuant to the relevant provisions of these Measures.

  Article 24 A person with mining right whose mining permit has been revoked must not re-apply for mining right within two years from the date of revocation of the mining permit.

  Article 25 Any functionary of the registration administration organs who indulges in self-seeking misconducts, abuses power and neglects duties constituting a crime shall be investigated of criminal liability according to law; where a crime has not been constituted, administrative sanctions shall be imposed according to law.

  Article 26 Mining permits shall be uniformly printed by the competent department of geology and mineral resources under the State Council. Formats of the letter of application for registration, the letter of application for registering the change(s) and the letter of application for the nullification of registration shall be uniformly determined by the competent department of geology and mineral resources under the State Council.

  Article 27 A registration fee shall be paid pursuant to provisions in going through the formalities of registration for mining. The rates and measures for their management and use shall be determined and worked out by the competent department of price control under the State Council in conjunction with the competent department of geology and mineral resources and the department of finance under the State Council.

  Article 28 Exploitation of mineral resources by foreign business investment shall be handled pursuant to the provisions of these Measures; where laws and regualtions have separate specific provisions, those provisions shall prevail.

  Article 29 In case of Sino-foreign cooperative exploitation of mineral resources, the cooperator on the Chinese side should, prior to the conclusion of a contract, submit such materials as the scope of the mining area for cooperation, mineral categories for exploitation and the scheme of development and utilization to the original permit issuing authority for reverification and opinions to be signed thereon; upon conclusion of the contract, it shall be put on record at the original permit issuing authority.

  Article 30 For those who have already obtained the mining permits prior to the implementation of these Measures, the competent department of geology and mineral resources under the State Council shall unifiedly organize the exchange for the obtainment of new mining permits.

  Mining enterprises established prior to the implementation of these Measures should start to pay the mining right user's fee from the date of implementation of these Measures and may apply for reduction of or exemption from payment pursuant to the provisions of these Measures.

  Article 31 Registration administration organs should make announcements on the mining permits issued and the mining permits revoked.

  Article 32 The scope of a mining area referred to in these Measures means the solid space area of the scope for exploitation of mineral resources, the scope of distribution of parallel?? tunnel engineering facilities or the scope of strip mining delimited by registration administration organs according to law.

  The modes of exploitation referred to in these Measures mean underground mining or strip mining.

  Article 33 Revision of the Appendix to these Measures shall be published by the competent department of geology and mineral resources under the State Council upon submission to the State Council for approval.

  Article 34 These Measures shall enter into force as of the date of promulgation. The Interim Measures for Mining Registration Administration

  of Mining Enterprises under Ownership by the Whole People promulgated by the State Council on April 29, 1987 and Decision of the State Council on the Revision of the Interim Measures for Mining Registration Administration of Mining Enterprises under Ownership by the Whole People on November 22, 1990 are simultaneously superseded.

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