中华人民共和国煤炭法（二）

　　Article 37 People's governments at and above county level and their department of coal administration and other relevant departments shall strengthen the supervision and control over the work of safety in production of coal mines.

　　Article 38 The system of mining bureau director's and mine director's responsibility shall be adopted for the control of safety in production of coal mining enterprises.

　　Article 39 Mining bureau directors， mine directors and other chief persons-in-charge of the coal mining enterprises must abide by laws and regulations concerning safety in mines and safety rules and regulations of coal industry， strengthen the control over the work of safety in production of coal mines， implement the responsibility system for safety in production and adopt effective measures to prevent the occurrence of casualties and other safety accidents in production.

　　Article 40 Coal mining enterprises shall give their staff and workers counseling and training on safety in production； those having not received such counseling or training may not go to the operation.

　　Staff and workers of coal mining enterprises shall abide by laws and regulations concerning safety in production， rules and regulations of coal industry and of the enterprise.

　　Article 41 During underground operation in coal mines， in the case of emergencies which endanger the lives and safety of the workers and cannot be removed， the person in charge or the safety manager at the operation site shall promptly organize the workers to evacuate the scene of danger and give report to relevant person in charge without delay.

　　Article 42 The labor union of a coal mining enterprise shall， when discovering that the management of the enterprise gives a command contrary to the established rules and compels workers to operate under unsafe conditions， or finding in the course of production major hidden dangers of accidents which may endanger lives and safety of the workers， have the right to put forward proposals for a solution， and the management of the coal mining enterprise must make a decision without delay. If the management of the enterprise refuses to take any action， the labor union shall have the right to give criticism， inform the relevant authorities or file charges.

　　Article 43 Coal mining enterprises must provide their staff and workers with labor protection articles necessary for the guarantee of safety in production.

　　Article 44 Coal mining enterprises must effect accident insurance and pay the insurance expenses for the staff and workers who conduct under pit operation.

　　Article 45 Equipment， materials， fire products and safety instruments used by coal mining enterprises must meet the national or industrial standards.

　　Chapter IV Coal Management

　　Article 46 Coal mining enterprises having obtained a coal production license in accordance with the law shall been titled to sell the coal produced by the enterprise itself.

　　Article 47 For establishing a coal managing enterprise， the following requirements must be satisfied：

　　（1） have a registered capital compatible with the management scale；

　　（2） have fixed premises；

　　（3） have necessary installations and sites for coal storing；

　　（4） have up-to-standard metro logical and quality inspection equipment；

　　（5） conform to the rational distribution of coal managing enterprises demanded by the state； and

　　（6） other requirements specified by laws or regulations.

　　Article 48 For establishing a coal managing enterprise， an application must be submitted to a department designated by the State Council or by the people's government of the province， autonomous region or municipality directly under the central government； the latter shall conduct a qualification examination in accordance with the requirements specified in Article 47 of this Law

and the scope of authorities at different levels stipulated by the State Council； those satisfying the requirements shall be given an approval. Only after having applied for and obtained a business license from the administrative department for industry and commerce by presenting the approval document may the applicant engage in coal management.

　　Article 49 In coal managing activities， coal managing enterprises shall abide by the provisions of relevant laws and regulations， improve service quality and ensure supplying. All illegal managing activities shall be forbidden.

　　Article 50 Intermediate links shall be reduced and irrational intermediate links shall be liquidated in coal management. It is advocated that coal mining enterprises with suitable conditions conduct direct sales of coal.

　　Coal users and coal managing enterprises in coal sales territories shall be entitled to purchase coal directly from coal mining enterprises. In coal production territories， coal sales and transport service agencies may be organized to handle selling and transporting business for small and medium sized coal mines.

　　No administrative departments may violate the state's provisions and establish intermediate links in the course of coal supply and charge extra expenses.

　　Article 51 Stations， ports and other transportation enterprises engaging in coal transportation may not involve themselves in coal management and seek for illicit earnings by taking advantage of the transportation power they possess.

　　Article 52 The administrative department for commodity prices under the State Council shall， in conjunction with the department of coal administration and other relevant departments under the State Council， conduct supervision and control over the market prices of coal.

　　Article 53 The quality of coal supplied to users by coal mining enterprises and coal managing enterprises shall meet the national or industrial standards with the called grade and demanded price compatible with the actual quality. Where the user has special quality requirements， the two parties of supply and demand shall include the requirements in the contract for purchase and sale of coal.

　　Coal mining enterprises and coal managing enterprises may not adulterate coal or mix up coal of different grades or pass inferior coal off as quality one.

　　Article 54 Coal mining enterprises and coal managing enterprises shall give compensation in accordance with the law if the quality of coal supplied to users by them fails to meet the national or industrial standards or fails to conform to stipulations in the contract， or the called grade or demanded price is not compatible with the actual quality and that has caused damages to users.

　　Article 55 Coal mining enterprises， coal managing enterprises， transportation enterprises and coal users shall supply， transport and accept and unload coal in accordance with laws， relevant provisions of the State Council or stipulations in contracts.

　　Transportation enterprises shall separately load and stack coal they have accepted for carriage according to different quality of the coal.

　　Article 56 The import and export of coal shall be unifiedly managed in accordance with provisions of the State Council.

　　Large-scale coal mining enterprises with suitable conditions may engage in coal export after licensed by the administrative department for foreign trade and economic cooperation under the State Council in accordance with the law.

　　Article 57 Measures for administration of coal management shall be formulated by the State Council in accordance with this Law.

　　Chapter V Protection of Coal Mining Area

　　Article 58 No unit or individual may endanger power， communication， water sources， transportation or other production facilities in coal mining areas.

　　All units and individuals are forbidden to disrupt order in

production and other work of coal mining areas.

　　Article 59 Any unit and individual shall have the right to inform the relevant authorities of or file charges against acts of stealing or destroying installations or equipment of coal mining areas or other acts endangering the safety in coal mining areas.

　　Article 60 Without permission of the coal mining enterprise， no unit or individual may make planting， breeding or earth-gathering or construct any buildings or structures within the validity period of the right to use land obtained by the coal mining enterprise in accordance with the law on the land concerned.

　　Article 61 Without permission of the coal mining enterprise， no unit or individual may occupy the rail line， road， waterway， wharf， power lines or water-supply pipes for special use of the enterprise.

　　Article 62 When there is a need to conduct operation in the mining area of a coal mine and the operation may endanger the safety in the coal mine， only after having obtained permission from the coal mining enterprise and the approval of the department of coal administration and taken proper safety measures may relevant unit or individual start the operation.

　　When there is a need to conduct public engineering or other engineering within a coal mining area， only after having consulted and reached agreement with the coal mining enterprise may the relevant unit start the operation.

　　Chapter VI Supervision and Inspection

　　Article 63 The department of coal administration and other relevant departments shall， in accordance with the law， conduct supervision and inspection on coal mining enterprises and coal managing enterprises with respect to their implementing of coal laws and regulations.

　　Article 64 Supervisors and inspector

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