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

uspend business operation for one year. If the case is repeated, its qualification for appraisal shall be revoked.

　　Article 61　If a mining industry right holder assigns a mining industry right without the approval of the registration authority or leases the mining industry right to another party in violation of the provisions hereof, the registration authority shall impose penalties in accordance with Article 14 of the Administration of Assignment of Exploration Rights and Mining Rights Procedures.

　　Article 62　If a lessor of a mining industry right violates the provisions hereof, or if a mining industry right holder contracts a mining industry right to another party for exploitation or mining operation, the registration authority shall impose penalties in accordance with Article 15 of the Administration of Assignment of Exploration Rights and Mining Rights Procedures.

　　Article 63　A mortgage created over a mining industry right in violation of the relevant laws and the provisions hereof is void.

　　Article 64　If the registration authority issues or approves a licence in violation of the provisions hereof, it shall promptly rectify the matter; if losses have been caused to the parties concerned, it shall compensate them in accordance with the provisions of the relevant laws.

　　Article 65　If a member of the working personnel of the registration authority practises graft, abuses his authority or is derelict in his duties, criminal liability shall be pursued against him if the matter constitutes a criminal offence, or administrative punishment shall be imposed on him if the matter does not constitute a criminal offence.

　　PART FIVE　SUPPLEMENTARY PROVISIONS

　　Article 66　If a non-legal person organization applies for or assigns an exploration right, the application or the assignment shall be handled by reference to the procedures applicable to the application for or the assignment of an exploration right by a legal person.

　　Article 67　If a mining industry right is assigned by way of donation, inheritance or exchange, the parties concerned shall bring the relevant licences and documents to the registration authority to complete the procedures for change of registration.

　　Article 68　If a mining enterprise had entered into a contract before the promulgation of the Administration of Assignment of Exploration Rights and Mining Rights Procedures, it shall com

plete the relevant procedures post factum in accordance with the provisions hereof concerning the administration of leasing of mining industry rights by 30 June 2001. Failure to do so shall be handled in accordance with Article 62 hereof.

　　Article 69　These Provisions shall be implemented as of the date of promulgation

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