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

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 min

ing 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 st

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