Measures for the Administration of the transfer of prospecting and mining rights(2014修订)

• Distribution department门：      The State Council

• Document number:Decree of The State Council of the People's Republic of China653号

• Release Date:2014.07.29

• Implementation Date:2014.07.29

• Timeliness:      In effect

• Effectiveness Level:      Administrative regulations

• Category of regulations: Mineral resources

Measures for the Administration of the transfer of prospecting and mining rights
（1998年2月12Decree of The State Council of the People's Republic of China242Issue basis2014年7月29The Decision of The State Council on Amending Some Administrative Regulations was revised)

　　Article one　These Measures are formulated in accordance with the Mineral Resources Law of the People's Republic of China in order to strengthen the administration of the transfer of exploration and mining rights, protect the legitimate rights and interests of the owners of exploration and mining rights, and promote the development of the mining industry。

　　Article 2　The transfer of exploration and mining rights lawfully acquired in the territory of the People's Republic of China and other sea areas under its jurisdiction shall be subject to these Measures。

　　Article 3　Exploration and mining rights shall not be transferred, except in accordance with the following provisions:

　　(1) The owner of the prospecting right shall have the right to carry out the prescribed exploration operations in the designated exploration operation area and shall have the priority to obtain the mining rights of the mineral resources in the exploration operation area。After the completion of the prescribed minimum investment in exploration, the owner of the prospecting right may, upon approval according to law, transfer the prospecting right to another person。

　　(2) If a mining enterprise that has acquired the mining right needs to change the subject of the mining right due to the merger or division of the enterprise, joint venture or cooperative operation, or the sale of its assets or other circumstances that change the property rights of its assets, it may, upon approval according to law, transfer the mining right to another person for mining。

　　Article 4　The competent department of geology and mineral resources under The State Council and the competent department of geology and mineral resources under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be the administrative organs for examining and approving the transfer of prospecting and mining rights。

　　The department in charge of geology and mineral resources under The State Council shall be responsible for the examination and approval of the transfer of exploration and mining rights that have been approved and issued by it。

　　The competent department of geology and mineral resources of the people's government of a province, autonomous region or municipality directly under the Central Government shall be responsible for the examination and approval of the transfer of prospecting and mining rights other than those provided for in paragraph 2 of this article。

　　Article 5　The transfer of a prospecting right shall meet the following conditions:

　　(1) as of the date of issuance of the exploration license2Mineral resources available for further exploration or exploitation are discovered in the exploration operation area;

　　(2) Completing the minimum investment in exploration as prescribed;

　　(3) The right to explore is not disputed;

　　(4) the exploitation fee and the price of the exploration right have been paid in accordance with the relevant provisions of the State;

　　(5) other conditions stipulated by the department in charge of geology and mineral resources under The State Council。

　　Article 6　The transfer of mining rights shall meet the following conditions:

　　(1) The mining enterprise is fully engaged in mining production1年；

　　(2) The ownership of the mining right is undisputed;

　　(3) the exploitation fee, the price of the mining right, the mineral resources compensation fee and the resource tax have been paid in accordance with the relevant provisions of the State;

　　(4) other conditions stipulated by the department in charge of geology and mineral resources under The State Council。

　　Before applying for the transfer of mining rights, a state-owned mining enterprise shall obtain the consent of the department in charge of the mining enterprise。

　　Article 7　The transferee of the transfer of prospecting or mining rights shall meet the requirements of the applicant for prospecting or mining rights as stipulated in the Measures for the Registration and Administration of Mineral Resources Exploration Blocks or the Measures for the Registration and Administration of Mineral Resources Exploitation。

　　Article VIII　When applying for the transfer of the prospecting or mining right, the owner of the prospecting or mining right shall submit the following information to the examination and approval administrative authority:

　　(1) an application for transfer;

　　(2) an assignment contract signed by the assignor and the assignee;

　　(3) Documents certifying the qualifications of the transferee;

　　(4) the transferor has the certificate of the transfer conditions stipulated in Article 5 or Article 6 of these Measures;

　　(5) Reports on the exploration or exploitation of mineral resources;

　　(6) Other relevant materials required by the examination and approval administrative authority。

　　When a state-owned mining enterprise transfers the mining right, it shall also submit the approval document of the relevant competent department agreeing to the transfer of the mining right。

　　The ninth article　Any transfer of the exploration or mining right resulting from state-funded exploration must be evaluated。

　　The price of the exploration and mining rights resulting from the state-funded exploration shall be assessed by an evaluation institution qualified for the evaluation of the mining rights;The evaluation report shall be submitted to the registration and administration authority of prospecting and mining rights for the record。

　　Article ten　Where an application is made for the transfer of a prospecting or mining right, the examination and approval administrative authority shall apply for the transfer as of the date of receipt of the application40Within a few days, it shall make a decision on whether to approve the transfer or not, and notify the assignor and the assignee。

　　Where a transfer is approved, the assignor and the assignee shall begin from the date of receipt of the notice approving the transfer60Within days, go through the alteration registration formalities with the original issuing authority;After paying the relevant fees in accordance with the provisions of the State, the assignee shall obtain an exploration or mining license and become the owner of the exploration or mining right。

　　If the transfer is approved, the transfer contract shall become effective as of the date of approval。

　　If the transfer is not allowed, the administrative authority for examination and approval shall give reasons。

　　Article 11　After approving the transfer of prospecting and mining rights, the examination and approval administrative authority shall promptly notify the original license-issuing authority。

　　Article 12　After the transfer of the prospecting right and mining right, the rights and obligations of the prospecting right and mining right holders will be transferred accordingly。

　　Article 13　After the transfer of the exploration or mining right, the valid term of the exploration or mining license shall be the remaining term of the original exploration or mining license minus the number of years in which the exploration or mining has been carried out。

　　Article 14　Whoever transfers the prospecting or mining right without the approval of the examination and approval administrative authority shall be ordered by the registration administrative authority to make corrections, and his illegal gains shall be confiscated and punished10A fine of less than RMB 10,000 yuan;If the circumstances are serious, the original license-issuing authority shall revoke the exploration license or mining license。

　　Article 15　Where, in violation of the provisions of item (2) of Article 3 of these Measures, the mining right is transferred to another person by contracting or other means without authorization, the department in charge of geology and mineral resources administration of the people's government at or above the county level shall, in accordance with the limits of its authority prescribed by the department in charge of geology and mineral resources under The State Council, order it to make corrections, confiscate its illegal gains, and punish it10A fine of less than RMB 10,000 yuan;If the circumstances are serious, the original issuing authority shall revoke the mining license。

　　Article 16　If any staff member of the administrative organ for examination and approval engages in malpractices for personal gain, abuses his power or neglects his duty, if the case constitutes a crime, he shall be investigated for criminal responsibility according to law;If the case does not constitute a crime, administrative sanctions shall be imposed according to law。

　　Article 17　The forms of the application for the transfer of prospecting rights and the application for the transfer of mining rights shall be formulated uniformly by the department in charge of geology and mineral resources under The State Council。

　　Article 18　These Measures shall come into force on the date of promulgation。