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

ate-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 re

sources 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

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