According to the laws of our country, mining rights refer to the right to mine mineral resources and obtain mined minerals within the scope of the mining licenses obtained according to law. Enterprises must obtain mining licenses in accordance with the law and have the right to mining to obtain the right to mine mineral resources, and their mining rights can be protected by law.

According to the current laws and regulations in China, there are two ways to establish mining rights: one is to approve through competition; the other is to approve the establishment of mining rights by filing an application.

The bidder or applicant who meets the required qualifications shall, upon approval and go through the prescribed procedures, obtain a mining license and become the mining right holder.

Establishment of mining rights

(1) Approving mining rights by means of competition

According to the provisions of the Ministry of Land and Resources, “Administrative Measures for Bidding, Auction and Listing of Exploration Rights and Mining Rights (Trial)”, the new mining rights shall be set up in one of the following five situations. The competent mining authority shall grant mining rights through bidding, auction and listing:

1. A state-funded exploration and proven mining area for exploitation;

2. Minerals where mining rights are lost;

3. Mineral resources available for exploitation that have lost exploration rights;

4. The competent authority stipulates the mineral deposits that can be directly mined without exploration;

5. Other circumstances as stipulated by the Ministry of Land and Resources and the provincial competent department.

(2) Approving the application method to transfer mining rights

According to the provisions of the Measures for the Administration of Bidding, Auction and Listing of Exploration Rights and Mining Rights (Trial), in any of the following circumstances, the competent mining authority may not grant mining rights by means of bidding, auction and listing:

1. The prospecting right holder applies for mining rights within the scope of the exploration block according to law;

2. The mining area of ​​the mining enterprise that meets the mineral resource planning or the overall planning of the mining area, and the area where the upper and lower parts of the mining area with mining rights need to be uniformly mined;

3. Provide construction minerals for national key infrastructure construction projects;

4. Prospecting rights Mining rights are disputed;

5. Other provisions of laws and regulations and the regulations of the competent authorities are not suitable for being awarded by bidding, auction and listing due to special circumstances.

China implements a system of paid acquisition of mining rights. When applying for the mining rights of the mineral deposits that have been investigated and proven by the state, the mining rights applicants are required to pay the mining rights formed by the state-funded exploration confirmed by the assessment in order to obtain the mining rights.

When applying for a prospecting certificate to the Ministry of Land and Resources, the client must submit the following application materials (Note: Please order the data in the following order; electronic files are reported on the u disk or mobile hard disk; the electronic document format is WORD document, the picture format is JPG)

1. "Application for Prospecting Rights" (3 copies in original) (Note: You must use the prospecting software to fill out the "Application for Registration of Prospecting Rights" and save it, form an electronic offer, and report it together with other materials. Prospecting rights report Please download the software from the website of the Ministry of Land and Resources.

2. Block map of the application (original, 1 copy) (1 copy with electronic file);

3. The applicant for prospecting rights, the Business License of Enterprise Legal Person or the Certificate of Legal Person of the Institution, has been inspected during the validity period (copy, 1 copy) (with 1 electronic file);

4. The survey unit “Geological Exploration Qualification Certificate” has been inspected during the validity period (copy, 1 copy) (1 copy with electronic documents);

5. Exploration contract or exploration plan (original, 1 copy) (with 1 electronic file);

6. exploration projects funding source documents (original and 1 part) (part 1 attached electronic documents);

7. Implementation plan and attachments for the survey work (original, 2 copies) (1 copy with electronic documents);

8. Traffic location map (1 copy) (with 1 electronic file);

9. Electronic offer (1 copy) (1 copy with electronic file);

10. The foreign-related project shall also submit the company contract and articles of association of the prospecting right applicant (copy, 1 copy) (with 1 electronic file);

11. The agreement to transfer the project, should also submit the relevant documents for the transfer of the agreement (with 1 electronic file).

When organizing the prospecting documents, you should pay attention to the following issues:

1. The “Application for Prospecting Rights Application” must be filled out using the prospecting rights offer software (see the Land Resources Department website for downloading).

2. The reported data is divided into two types: one is printing and binding; the other is electronic file. Both must be prepared at the same time. Only the printing and binding is unqualified; there is no prospecting certificate in the electronic file is also unqualified. ;

3. The above-mentioned "with electronic documents" refers to the scanned parts. In other words, in addition to printing and binding according to the above requirements, all the above materials should also be scanned into electronic files (the electronic document format is WORD document, and the image format is JPG). ), and put the electronic files on the u disk or mobile hard disk or CD-ROM...

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