The Mineral Resources Law of the People's Republic of China and the People's Republic of China was adopted at the 15th meeting of the Standing Committee of the Sixth National People's Congress on March 19, 1986. According to the Eighth National People's Congress on August 29, 1996 Amendment to the "Decision on Amending the Mineral Resources Law of the People's Republic of China and the People's Republic of China" at the 21st Meeting of the Standing Committee of the National Congress--------------------- -------------------------------------------------- ---------Contents Chapter 1 General Provisions Chapter 2 Registration of Mineral Resources Exploration and Approval of Exploitation Chapter 3 Exploration of Mineral Resources Chapter 4 Exploitation of Mineral Resources Chapter 5 Collective Mining Enterprises and Individual Mining Chapter 5 Chapter 6 Legal Responsibilities Chapter 7 Supplementary Provisions Chapter 1 General Provisions Article 1 In order to develop the mining industry, strengthen the exploration, development, utilization and protection of mineral resources, and ensure the current and long-term needs of socialist modernization, in accordance with the Communist Party of China and the This law is specially enacted in accordance with the Constitution of the People's Republic of China. Article 2 This Law must be observed when exploring and exploiting mineral resources within the territory of the People’s Republic of China and the waters under its jurisdiction. Article 3 Mineral resources belong to the state, and the State Council exercises state ownership of mineral resources. The state ownership of mineral resources on the surface or underground shall not be changed by the ownership or use rights of the land to which they are attached. The state ensures the rational development and utilization of mineral resources. It is prohibited for any organization or individual to use any means to appropriate or destroy mineral resources. People's governments at all levels must strengthen the protection of mineral resources. To explore and exploit mineral resources, one must apply for, obtain, and register with the approval of prospecting rights and mining rights in accordance with the law; however, mining enterprises that have applied to obtain mining rights in accordance with the law shall conduct activities within the designated mining area for the purpose of their own production. Except for exploration. The state protects exploration rights and mining rights from infringement, and ensures that the production order and work order in mining areas and exploration operation areas are not affected or destroyed. Those engaged in mineral resource exploration and mining must meet the prescribed qualifications. Article 4 The state guarantees the legitimate rights and interests of mining enterprises established in accordance with the law in the exploitation of mineral resources. State-owned mining enterprises are the main body in mining mineral resources. The state ensures the consolidation and development of the state-owned mining economy. Article 5 The state implements a system of paid acquisition of exploration and mining rights; however, the state may reduce or exempt fees for the paid acquisition of exploration and mining rights according to different circumstances. Specific methods and implementation steps shall be stipulated by the State Council. When mining mineral resources, resource taxes and resource compensation fees must be paid in accordance with relevant national regulations. Article 6 Except for transfer in accordance with the following provisions, exploration rights and mining rights shall not be transferred: (1) The holder of the exploration right has the right to carry out specified exploration operations within the designated exploration operation area and has the right to obtain priority in obtaining minerals in the exploration operation area. Mining rights to resources. After completing the specified minimum investment in exploration, the holder of the exploration right may transfer the exploration right to others with approval in accordance with the law. (2) If a mining enterprise that has obtained mining rights needs to change the subject of the mining rights due to corporate mergers, divisions, joint ventures or cooperative operations with others, or due to the sale of corporate assets or other changes in the property rights of corporate assets, it may be subject to legal approval. Transfer mining rights to others for mining. The specific measures and implementation steps specified in the preceding paragraph shall be prescribed by the State Council. It is prohibited to resell exploration rights and mining rights for profit. Article 7 The state implements the policy of unified planning, rational layout, comprehensive exploration, rational mining and comprehensive utilization for the exploration and development of mineral resources. Article 8 The state encourages scientific and technological research on mineral resource exploration and development, promotes advanced technologies, and improves the scientific and technological level of mineral resource exploration and development. Article 9 Units and individuals that have made outstanding achievements in the exploration, development, protection of mineral resources and scientific and technological research shall be rewarded by the people's governments at all levels. Article 10 When the state exploits mineral resources in ethnic autonomous areas, it shall take into account the interests of the ethnic autonomous areas, make arrangements conducive to the economic construction of the ethnic autonomous areas, and take care of the production and life of the local ethnic minority people. The self-government organs of ethnic autonomous areas shall, in accordance with legal provisions and the unified planning of the state, give priority to the rational development and utilization of mineral resources that can be developed locally. Article 11 The competent department of geology and mineral resources of the State Council is responsible for the supervision and management of mineral resource exploration and mining nationwide. The relevant competent departments of the State Council shall assist the competent departments of geology and mineral resources of the State Council in the supervision and management of mineral resource exploration and mining. The geological and mineral resources departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for the supervision and management of mineral resource exploration and mining within their respective administrative regions. The relevant competent departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall assist the geological and mineral competent departments at the same level in the supervision and management of mineral resource exploration and mining. Chapter 2 Registration of Mineral Resources Exploration and Approval of Exploitation Article 12 The state implements a unified block registration and management system for mineral resource exploration. The geology and mineral resources administration department of the State Council is responsible for the exploration and registration of mineral resources; the exploration and registration of mineral resources for specific mineral types may be the responsibility of the relevant competent departments authorized by the State Council. The Measures for the Registration and Management of Mineral Resources Exploration Blocks shall be formulated by the State Council. Article 13 The mineral reserves approval agency of the State Council or the mineral reserves approval agency of the province, autonomous region, or municipality directly under the Central Government is responsible for reviewing and approving exploration reports for use in mine construction and design, and giving approval to the reporting unit within the prescribed time limit. Without approval, the exploration report shall not be used as the basis for mine construction design.

Article 14 Archives of mineral resource exploration results and statistical data of various types of mineral reserves shall be subject to a unified management system and shall be submitted or reported in accordance with the provisions of the State Council. Article 15 To establish a mining enterprise, one must meet the qualifications stipulated by the state, and the scope of the mining area, mine design or mining plan, production technical conditions, safety measures and environmental protection measures, etc., shall be evaluated by the approval authority in accordance with the law and relevant state regulations. Review; only those that pass the review will be approved. Article 16 The mining of the following mineral resources shall be subject to the examination and approval of the geological and mineral administrative department of the State Council and the issuance of a mining license: (1) Mineral resources in national planned mining areas and mining areas of important value to the national economy; (2) The provisions of the preceding paragraph Mineral resources with large or larger mineral reserves that can be mined outside the area; (3) Specific mineral species stipulated by the state for protective mining; (4) Mineral resources in territorial waters and other sea areas under China’s jurisdiction; (5) Mineral resources stipulated by the State Council Other mineral resources. Exploitation of specific minerals such as oil, natural gas, and radioactive minerals may be approved by the relevant competent authorities authorized by the State Council and a mining license shall be issued. Exploitation of mineral resources other than those specified in paragraphs 1 and 2, and the reserves of the minerals available for mining are medium-sized, shall be subject to the approval and issuance of a mining license by the geological and mineral administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. The management measures for the mining of mineral resources other than those specified in paragraphs 1, 2 and 3 shall be formulated by the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the law. Where mining licenses are approved and issued in accordance with the provisions of paragraphs 3 and 4, the geological and mineral administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall submit the matter to the geological and mineral administrative department of the State Council for filing. The classification standards for large and medium-sized mineral reserves shall be stipulated by the mineral reserves approval authority of the State Council. Article 17 The state implements planned mining in national planned mining areas, mining areas of great value to the national economy, and specific mineral types that are subject to protective mining as prescribed by the state; no unit or individual may mine without the approval of the relevant competent department of the State Council. . Article 18 After the scope of national planned mining areas, the scope of mining areas with important value to the national economy, and the scope of mining enterprises' mining areas are delimited in accordance with the law, the competent authority that delimits the scope of the mining areas shall notify the relevant county-level people's governments to make an announcement. If a mining enterprise changes the scope of its mining area, it must apply to the original approval authority for approval, and must report to the authority that originally issued the mining license for re-issuance of a mining license. Article 19 Local people's governments at all levels shall take measures to maintain normal order within the mining areas of state-owned mining enterprises and other mining enterprises within their respective administrative regions. It is prohibited for any unit or individual to enter the mining areas of state-owned mining enterprises and other mining enterprises established by others in accordance with the law for mining. Article 20 Without the consent of the relevant competent departments authorized by the State Council, no mineral resources may be exploited in the following areas: (1) Within the areas designated for ports, airports, and national defense engineering facilities; (2) Important industrial zones, large water conservancy engineering facilities, urban municipal administration Within a certain distance near engineering facilities; (3) Within a certain distance on both sides of railways and important highways; (4) Within a certain distance on both sides of important rivers and dams; (5) Nationally designated nature reserves, important scenic spots, and national key The location of protected, immovable historical relics and places of interest; (6) Other areas where the state stipulates that mineral resources are not allowed to be mined. Article 21 To close a mine, a mine closure report and information on mining projects, potential safety hazards, land reclamation and utilization, and environmental protection must be submitted, and submitted for review and approval in accordance with national regulations. Article 22 When exploring and exploiting mineral resources, if rare geological phenomena and cultural monuments of great scientific and cultural value are discovered, they must be protected and reported to the relevant departments in a timely manner. Chapter 3 Exploration of Mineral Resources Article 23 Regional geological surveys shall be conducted in accordance with the unified national plan. Regional geological survey reports and maps shall be accepted in accordance with national regulations and provided to relevant departments for use. Article 24 While completing the task of surveying major mineral species, the mineral resources census shall make a preliminary comprehensive evaluation of the geological conditions for mineralization and the industrial prospects of the mineral deposits including primary or associated minerals in the work area. Article 25 Mineral deposit exploration must conduct a comprehensive evaluation of primary and associated minerals with industrial value in the mining area and calculate their reserves. Exploration reports without comprehensive evaluation will not be approved. However, mineral deposit exploration projects that are otherwise stipulated by the planning department of the State Council are excluded. Article 26 The general survey and exploration methods prescribed by the relevant competent departments of the people's governments at or above the provincial level must be used for general survey and exploration of fragile special non-metallic minerals, fluid minerals, flammable, explosive and soluble minerals and minerals containing radioactive elements. And have the necessary technical equipment and safety measures. Article 27 The original geological catalog and maps of mineral resource exploration, rock ore cores, test samples and other physical specimen information, and various exploration marks shall be protected and preserved in accordance with relevant regulations. Article 28 Mineral deposit exploration reports and other valuable exploration data shall be used for a fee in accordance with the provisions of the State Council. Chapter 4 Mining of Mineral Resources Article 29 When mining mineral resources, reasonable mining sequences, mining methods and mineral processing techniques must be adopted. The mining recovery rate, mining dilution rate and mineral processing recovery rate of mining enterprises should meet the design requirements. Article 30 While mining the main minerals, the secondary and associated minerals with industrial value should be planned in a unified manner, comprehensively mined, comprehensively utilized, and waste prevented; Effective protective measures should be taken for comprehensively utilized minerals and tailings containing useful components to prevent loss and damage.

Article 31 When mining mineral resources, we must comply with national labor safety and health regulations and have the necessary conditions to ensure safe production. Article 32 When mining mineral resources, we must comply with legal provisions on environmental protection and prevent environmental pollution. When mining mineral resources, land should be used sparingly. If cultivated land, grassland, or forest land is damaged due to mining, mining enterprises shall take reclamation and utilization, planting trees and grass, or other utilization measures according to local conditions. If the mining of mineral resources causes losses to the production and livelihood of others, they shall be responsible for compensation and take necessary remedial measures. Article 33 Before constructing railways, factories, reservoirs, oil pipelines, power transmission lines and various large buildings or building groups, the construction unit must learn from the geological and mineral administrative departments of the provinces, autonomous regions, and municipalities directly under the Central Government where the proposed project is located. Mineral resource distribution and mining conditions. Important mineral deposits may not be overturned without approval from departments authorized by the State Council. Article 34 Mineral products stipulated by the State Council to be purchased uniformly by designated units may not be purchased by any other unit or individual; miners may not sell to non-designated units. Chapter 5 Collective Mining Enterprises and Individual Mining Article 35 The state implements the policy of actively supporting, rational planning, correct guidance, and strengthening management of collective mining enterprises and individual mining, and encourages collective mining enterprises to exploit mineral resources within the scope designated by the state. Individuals are allowed to mine sporadic scattered resources and sand, stone, and clay that can only be used as ordinary building materials, as well as mine small amounts of minerals for their own use. Individuals are not allowed to mine mineral resources whose scale of mineral reserves is suitable for mining by mining enterprises, specific mineral types for which the state stipulates protective mining, and other mineral resources which the state stipulates prohibits individual mining. The state guides and helps collective mining enterprises and individual mining companies to continuously improve their technical level, resource utilization rate and economic benefits. Competent departments of geology and mineral resources, geological work units and state-owned mining enterprises shall provide geological data and technical services to collective mining enterprises and individual mining enterprises in accordance with the principles of active support and paid reciprocity. Article 36 Existing collective mining enterprises within the mining area approved by the State Council and the relevant competent departments of the State Council shall close down or mine in other designated locations. The mining construction unit shall provide reasonable compensation and properly arrange the lives of the people. ; Or joint operations can be implemented in accordance with the overall arrangements of the mining enterprise. Article 37 Collective mining enterprises and individual mining enterprises shall improve their technical level and increase the recovery rate of mineral resources. It is prohibited to dig indiscriminately and destroy mineral resources. Collective mining enterprises must survey and map the above-ground and underground engineering comparison maps. Article 38 People's governments at or above the county level shall guide and assist collective mining enterprises and individual mining enterprises to carry out technological transformation, improve operation and management, and strengthen production safety. Chapter 6 Legal Responsibilities Article 39 Anyone who violates the provisions of this Law and engages in mining without obtaining a mining license or enters a mining area planned by the state or a mining area of ??important value to the national economy to mine without authorization shall implement protective mining according to national regulations. If a specific type of mineral is found, the company shall be ordered to stop mining, compensate for losses, confiscate the mined mineral products and illegal gains, and may also impose a fine; if the company refuses to stop mining and causes damage to mineral resources, it shall be punished in accordance with the provisions of Article 156 of the Criminal Law. Those directly responsible shall be held criminally responsible. Units and individuals who enter the mining areas of state-owned mining enterprises and other mining enterprises established by others in accordance with the law for mining shall be punished in accordance with the provisions of the preceding paragraph. Article 40 Anyone who mines beyond the scope of the approved mining area shall be ordered to return to the scope of the mining area and compensate for losses, and the mineral products and illegal gains mined across the boundary shall be confiscated, and a fine may also be imposed; if he refuses to return to the scope of the mining area for mining, the mineral resources will be damaged. In case of damage, the mining license shall be revoked and the persons directly responsible shall be held criminally responsible in accordance with the provisions of Article 156 of the Criminal Law. Article 41 Anyone who steals or robs mineral products and other property from mining enterprises and exploration units, damages mining and exploration facilities, or disrupts the production order and working order of mining areas and exploration operations areas shall be investigated for criminal liability in accordance with the relevant provisions of the Criminal Law. ; If the circumstances are obviously minor, punishment will be imposed in accordance with the relevant provisions of the Public Security Administration Punishment Regulations. Article 42 Whoever buys, sells, leases or transfers mineral resources in other forms shall have their illegal gains confiscated and fined. Anyone who violates the provisions of Article 6 of this Law by reselling exploration rights or mining rights for profit shall have his exploration license and mining license revoked, his illegal gains confiscated, and he shall be fined. Article 43 Whoever violates the provisions of this Law to purchase and sell mineral products purchased uniformly by the state shall have the mineral products and illegal income confiscated and may be fined; if the circumstances are serious, the mineral products shall be confiscated in accordance with Articles 117 and 111 of the Criminal Law. Article 18 provides for criminal liability. Article 44 Anyone who violates the provisions of this Law and adopts destructive mining methods to mine mineral resources shall be fined and his mining license may be revoked; whoever causes serious damage to mineral resources shall be punished directly in accordance with the provisions of Article 156 of the Criminal Law. Those responsible will be held criminally responsible. Article 45: Administrative penalties stipulated in Articles 39, 40, and 42 of this Law shall be imposed by the departments responsible for geological and mineral management of the people's governments at or above the county level in accordance with the authority stipulated by the geological and mineral administrative department of the State Council. Decide. Administrative penalties stipulated in Article 43 shall be decided by the industrial and commercial administrative departments of the people's governments at or above the county level. Administrative penalties stipulated in Article 44 shall be decided by the geological and mineral resources departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. The penalty for revoking the exploration license or mining license must be decided by the original license-issuing authority.

If an administrative penalty is not imposed in accordance with the provisions of Articles 39, 40, 42 and 44, the geological and mineral resources department of the people's government at the higher level shall have the right to order corrections or directly impose administrative penalties. punishment. Article 46 If the parties concerned are dissatisfied with the administrative penalty decision, they may apply for reconsideration in accordance with the law, or they may directly file a lawsuit in the People's Court in accordance with the law. If the party concerned fails to apply for reconsideration or bring a lawsuit to the People's Court within the time limit, and fails to implement the penalty decision, the agency that made the penalty decision shall apply to the People's Court for enforcement. Article 47 State functionaries and other relevant state functionaries responsible for the supervision and management of mineral resources exploration and mining engage in malpractice for personal gains, abuse their powers or neglect their duties, and violate the provisions of this Law in approving exploration and mining of mineral resources and issuing exploration licenses and mining operations. License, or failure to stop or punish illegal mining activities in accordance with the law, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, administrative sanctions shall be imposed. The geology and mineral resources department of the people's government at the higher level has the right to revoke any exploration license or mining license issued illegally. Article 48 Anyone who uses violence or threats to obstruct state personnel engaged in mineral resource exploration and mining supervision and management from performing their duties in accordance with the law shall be investigated for criminal responsibility in accordance with the provisions of Article 157 of the Criminal Law; who refuses or obstructs those engaged in mineral resources If state staff engaged in the supervision and management of exploration and mining perform their duties in accordance with the law without using violence or threats, they shall be punished by the public security organs in accordance with the regulations on public security management and punishment. Article 49 Disputes over the scope of mining areas between mining enterprises shall be settled through negotiation between the parties. If the negotiation fails, the disputes shall be handled by the relevant local people's governments at or above the county level in accordance with the scope of the mining area approved in accordance with the law; disputes over the scope of the mining area across provinces, autonomous regions, and municipalities directly under the Central Government shall Disputes shall be resolved through consultations by the people's governments of the relevant provinces, autonomous regions, and municipalities directly under the Central Government. If consultations fail, they shall be handled by the State Council. Chapter 7 Supplementary Provisions Article 50 If there are other provisions in laws or administrative regulations regarding foreign investment in exploration and mining of mineral resources, such provisions shall prevail. Article 51 Before the implementation of this law, if the applicant fails to go through the approval procedures, fails to delineate the scope of the mining area, and fails to obtain a mining license to exploit mineral resources, he shall apply for replacement procedures in accordance with the relevant provisions of this law. Article 52 The detailed rules for the implementation of this Law shall be formulated by the State Council. Article 53 This Law shall come into effect on October 1, 1986. Appendix: Relevant Articles of the Criminal Law Article 117 Whoever violates financial, foreign exchange, bullion, and industrial and commercial management regulations and engages in speculation, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may be concurrently or solely fined, or may have property confiscated. Article 118 Whoever makes smuggling or speculation a regular business, who smuggles or speculates in huge amounts, or who is the leading member of a smuggling or speculation group shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and may also be subject to confiscation of property. Article 156 Whoever intentionally destroys public or private property, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine. Article 157 Whoever uses violence or threats to prevent state functionaries from performing their duties in accordance with the law, or refuses to implement the legally effective judgment or ruling of the people's court, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, a fine, or deprivation of political power. right. Article 158: No one is allowed to use any means to disrupt social order. If the circumstances of disrupting social order are serious, causing work, production, business, teaching, and scientific research to be impossible, and the country and society to suffer serious losses, the ringleaders shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance, or deprivation of political rights.