矿业权出让转让管理暂行规定 Administration of Granting and Assigning Mining Industry Rights Tentative Provisions

(Issued on, and effective as of, 31 October 2000.)
颁布日期：20001101 　实施日期：20001101 　颁布单位：国土资源部

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Provisions have been formulated in accordance with the PRC, Mineral Resources Law, the Administration of Registration of Mineral Resource Exploration Blocks Procedures, the Administration of Registration for Exploitation of Mineral Resources Procedures, and the Administration of Assignment of Exploration Rights and Mining Rights Procedures, in order to nurture and standardize the market of mining industry rights.

　　Article 2　These Provisions apply to the granting and assignment of mining industry rights in the territory of the PRC and the sea areas under the jurisdiction of the PRC.

　　Article 3　Exploration rights and mining rights, collectively referred to as mining industry rights, are property rights to which the principles of regulation in real property laws and regulations are applicable.

　　A natural person, legal person or other economic organization that has obtained a mining industry right in accordance with the law shall be referred to as a mining industry right holder.

　　A mining industry right holder has the right to possess, use, benefit from and dispose of its mining industry right in accordance with the law.

　　Article 4　Granting of mining industry rights shall be conducted by the department in charge of geology and mineral resources of a people's government at or above the county level in accordance with the Administration of Registration of Mineral Resource Exploration Blocks Procedures, the Administration of Registration for Exploitation of Mineral Resources Procedures and the authority prescribed by the administrative procedures formulated by the standing committee of the people's congress of the province, autonomous region or municipality directly under the central government and by ways such as approval of application, invitation for bids and auction.

　　Mining industry rights may be granted over a mineral resource area that was explored with State funding, a mineral resource area requisitioned in accordance with law and other land free of mining industry rights.

　　Article 5　When a mining industry right over a mineral resource area that was explored with State funding is granted by the department in charge of geology and mineral resources at any level of government according to its statutory jurisdiction, the department shall appoint an appraising institution that has been recognized by the State Council department in charge of geology and mineral resources as having the qualifications for appraising mining industry rights (hereafter, "Appraisal Institution") to conduct an appraisal of the mining industry right.

　　Article 6　A mining industry right holder may lawfully assign a mining industry right in accordance with the provisions hereof through sale, capital contribution, cooperative exploration or exploitation or share listing.

　　The parties to the assignment shall complete the procedure for the change of registration of the mining industry right with the original registration and licensing authority as required. Where the assignee is a foreign investment mining enterprise, the parties shall complete the procedure for the change of registration with a registration and licensing authority that is authorized to license foreign investment mining enterprises.

　　A mining industry right holder may lease or mortgage a mining industry right in accordance with the provisions hereof.

　　Article 7　The State Council department in charge of geology and mineral resources is in charge of the examination and approval of the assignment of those mining industry rights that were approved and licensed by it. The departments in charge of geology and mineral resources of the people's governments of provinces, autonomous regions and municipalities directly under th

e central government are in charge of the examination and approval of the assignment of other mining industry rights.

　　Article 8　If a mining industry right holder assigns a mining industry right formed by exploration with State funding, the mining industry right holder shall appoint an Appraisal Institution to appraise the mining industry right.

　　Article 9　"State funding" means the allocation by the central government's finance department or a local government's finance department of funds such as geological exploration fees, mineral resources compensation fees, various funds and specially ear-marked funds to the exploration of mineral resources.

　　Article 10　The result of an appraisal of a mining industry right over a mineral resource area formed by exploration with funding from the central government's finance department shall be confirmed by the State Council department in charge of geology and mineral resources. The result of an appraisal of a mining industry right over a mineral resource area formed by exploration with funding from a local government's finance department shall be confirmed by a provincial people's government department in charge of geology and mineral resources on entrustment.

　　The result of an appraisal of a mining industry right over a mineral resource area formed by exploration with joint funding from the finance departments of the central and local governments shall be confirmed by the State Council department in charge of geology and mineral resources after an examination opinion is submitted by a provincial people's government department in charge of geology and mineral resources.

　　The result of an appraisal of a mining industry right over a mineral resource area formed by exploration with joint funding from the State and an enterprise or an individual shall be confirmed by the State Council department in charge of geology and mineral resources or by a provincial people's government department in charge of geology and mineral resources on entrustment depending on the channel of the State funding.

　　Article 11　Where a mining industry right over mineral resource area formed by exploration is granted by approval of application, the fee payable for the mining industry right may be paid in instalments with the approval of the registration authority. When applying for payment of the mining industry right fee in instalments, justification shall be provided to the registration authority and an undertaking shall be made as to the amount of each instalment and the number of instalments, and the instalment arrangement will be implemented after the application is approved.

　　If an application made by a State-owned geological surveying work unit or a State-owned mining enterprise for the granting of a mining industry right over a mineral resource area formed by exploration is consistent with the relevant provisions of the State, the applicant may apply to capitalize all or part of the payable mining industry right fee as additional State capital in accordance with the relevant provisions, and the capitalization shall be implemented after the application is examined and approved.

　　Article 12　If an exploration right holder applies for a mining right in its own exploration area, the appraisal of the mining industry right may be omitted and the registration authority shall not charge any mining industry right fee.

　　When a mining enterprise enters into a restructuring such as equity joint venture, cooperative joint venture, merger or acquisition, it shall have its mining right appraised and complete the procedures for the examination and approval and for the change of registration of the assignment of the mining rights. If the mining right was formed by exploration with State funding, the appraised mining right fee shall be confirmed by the State Council department in charge of geology and mineral resources or a provincial people's governme

nt department in charge of geology and mineral resources, and the registration authority shall not any charge mining right fee.

　　Article 13　Applicants, bidders, auction bidders and lessees of mining industry rights shall have commensurate qualifications.

　　Article 14　When granting a mining industry right, the registration authority shall provide the relevant geological information at the same time. When assigning a mining industry right, the assignor shall provide the relevant geological information at the same time.

　　PART TWO　GRANTING OF MINING INDUSTRY RIGHTS

　　Article 15　Granting of a mining industry right means the granting of a mining industry right to a mining industry right applicant by ways such as approval of application, invitation for bids and auction.

　　Article 16　During the effective term and the reserved term of an exploration right, an exploration right holder has an pre-emptive right to obtain the right to explore the mineral resources within its own exploration area, and the registration authority shall not accept the application of another party for a mining industry right over that exploration area without the consent of the exploration right holder.

　　Article 17　Where a mining industry right over a mineral resource area formed by exploration is granted by approval of application, the registration authority shall charge a mining industry right fee on the basis of the confirmed appraisal result.

　　Where a mining industry right over a mineral resource area formed by exploration is granted by invitation for bids or by auction, the registration authority shall determine the base price or reserve price for the invitation for bids or the auction on the basis of the confirmed appraisal result, and shall charge a mining industry right fee after the closing of t

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