The earliest formal definition of mining right mortgage comes from the Interim Provisions on the Management of Mining Right Transfer. According to Article 6 of the Detailed Rules for the Implementation of the Mineral Resources Law, mining right refers to the right to mine mineral resources and obtain the mined mineral products within the scope stipulated in the legally obtained mining license.

Paragraph 3 of Article 6 of the Interim Provisions on the Management of Mining Rights Transfer stipulates that mining rights holders may lease or mortgage mining rights in accordance with these provisions.

Mining license mortgage, that is, mining right mortgage loan, refers to the mortgage loan with legal mining right as collateral. Mining right mortgage is managed according to the conditions and procedures of mining right transfer, so the mining right that can be mortgaged must meet the following conditions:

1, mining enterprises are engaged in mining production 1 year, and the mining right is indisputable;

2, in accordance with the relevant provisions of the state has paid the mining right use fee, mining right price, mineral resources compensation and resource tax;

3, other conditions stipulated by the competent department of Geology and mineral resources in the State Council; The leased mining rights shall not be mortgaged, and the mining rights shall not be partially mortgaged in principle.

Extended data:

Article 55 of the Interim Provisions on the Administration of Assignment and Transfer of Mining Rights stipulates that the mortgage of mining rights refers to the act that the mining right owner, as a debtor, provides guarantees to creditors in accordance with relevant laws and regulations without transferring the mining rights he owns. The debtor with mining right as collateral is the mortgagor, the creditor is the mortgagee, and the mining right that provides guarantee is the collateral.

It can be seen that the mortgagor generally establishes the mortgage right based on his own debt performance and financing needs, and the law does not have too many restrictive provisions on the subject qualification of mining right mortgage, and the collateral is not the subject matter prohibited by the Property Law and the Guarantee Law.

The mortgage of mining rights is the inevitable product of the marketization of mining rights as real rights, so mining rights, namely exploration rights and mining rights, can be mortgaged.

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