Law of the People's Republic of China Regarding the Coal Industry(1996)

Law of the People's Republic of China Regarding the Coal Industry(1996)

Order of the President [1996] No. 75

August 29, 1996

The Coal Law of the People's Republic of China which has been adopted at the 21st Meeting of the Standing Committee of the Eighth National People's Congress on August 29, 1996 is hereby promulgated, and shall enter into force as of December 1, 1996.

President of the People's Republic of China Jiang Zemin

Appendix: Law of the People's Republic of China Regarding the Coal Industry(1996)

Contents
Chapter I General Provisions
Chapter II Planning for Coal Production and Exploitation and Construction of Coal Mine
Chapter III Coal Production and Safety in Coal Mine
Chapter IV Coal Management
Chapter V Protection of Coal Mining Area
Chapter VI Supervision and Inspection
Chapter VII Legal Responsibility
Chapter VIII Supplementary Provisions

Chapter I General Provisions
　
Article 1 This Law is formulated for the purposes of rationally exploiting, utilizing and protecting coal resources, standardizing coal production and management activities and promoting and guaranteeing the development of coal industry.
　
Article 2 This Law shall apply to coal production and management activities within the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China.
　
Article 3 Coal resources shall be owned by the state. The state ownership of coal resources, either near the earth's surface or underground, shall not change with the ownership or right to the use of the land which the coal resources are attached to.
　
Article 4 The state shall practice the policy of unified planning, rational distribution and comprehensive utilization in coal exploitation.
　
Article 5 The state shall protect coal resources in accordance with the law. Abusive or wasteful exploitation which is destructive to coal resources shall be forbidden.
　
Article 6 The state shall protect the legitimate rights and interests of those investing to exploit coal resources in accordance with the law.
The state shall guarantee the healthy development of state-owned coal mines.
The state shall implement a policy of support, transformation, consolidation, combination and improvement with regard to township coal mines in order to safeguard their standardized and rational exploitation and orderly development.
　
Article 7 Coal mining enterprises must adhere to the policy of "safety first and precaution foremost" for the safety in production, establish and improve the safety production responsibility system and the system of mass precaution and control.
　
Article 8 The people's governments at all levels and their departments and coal mining enterprises must take measures to strengthen labor protection and safeguard the safety and health of coal miners.
The state shall adopt special protective measures for workers operating in the pit.
　
Article 9 The state shall encourage and support the adoption of advanced science and technology and management skills in coal exploitation and utilization.
Coal mining enterprises shall strengthen and improve the operation and management, raise the labor productivity and economic results.
　
Article 10 The state shall safeguard the production and work order in coal mining areas, and protect facilities of coal mining enterprises.
　
Article 11 Exploitation and utilization of coal resources shall abide by laws and regulations concerning environmental protection, prevent and control environmental pollution, and protect the ecological environment.
　
Article 12 The department of coal administration under the State Council shall be responsible for the supervision and control of nationwide coal industry in accordance with the law. Other relevant departments under the State Council shall exercise supervision and control over the coal industry according to their respective authorities.
The department of coal administration and other relevant departments under the local people's governments at and above the county level shall be responsible for the supervision and control of coal industry within their respective regions.
　
Article 13 Coal mining bureaus are state-owned coal mining enterprises with an independent legal person status.
Coal mining bureaus and other coal mining enterprises and coal management enterprises with an independent legal person status shall, in accordance with the law, perform autonomous management, assume sole responsibility for profits and losses, and implement self-binding and self-development.

Chapter II Planning for Coal Production and Exploitation and Construction of Coal Mine
　
Article 14 The department of coal administration under the State Council shall, in accordance with the national planning for mineral resources exploration, work out a national planning for coal resources exploration.
　
Article 15 The department of coal administration under the State Council shall, in the light of coal resources set by the national planning for mineral resources, organize drawing up and implementing a planning for coal production and exploitation.
The department of coal administration under the people's governments of provinces, autonomous regions and municipalities directly under the central government shall, in the light of coal resources set by the national planning for mineral resources, organize drawing up and implementing a local planning for coal production and exploitation, and submit it for filing to the department of coal administration under the State Council.
　
Article 16 Planning for coal production and exploitation shall be worked out in accordance with the needs of the national economy and social development, and be incorporated in the plan of national economy and social development.
　
Article 17 The state shall formulate beneficial policies to support the development of coal industry and promote the construction of coal mines.
Coal mine construction projects shall conform to the planning for coal production and exploitation and the coal industrial policy.
　
Article 18 For establishing a coal mining enterprise, the following requirements shall be satisfied:
1. have a feasibility study report or mining plan for the coal mine construction project;
2. have definite scope of the mine and mining area, and a resources comprehensive utilization plan;
3. have geological, surveying and hydrological data and other relevant data needed for mining;
4. have a mine design conformable with the requirements for safety in production and environmental protection of coal mine;
5.
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