Circular of the Ministry of Land and Resources on Issues Concerning Strict Control and Regulating of Administration on the Transfer of Mineral Rights by Agreement

Circular of the Ministry of Land and Resources on Issues Concerning Strict Control and Regulating of Administration on the Transfer of Mineral Rights by Agreement

Guo Tu Zi Fa [2012] No. 80

May 15, 2012

Land and resources authorities of all provinces, autonomous regions and municipalities directly under the Central Government, the China Geological Survey, the Command of the People's Armed Police of Gold Mines and other departments directly under the Ministry of Land and Resources,

For the purpose of observing the guidelines of launching the special rectification campaign of the prominent issues in engineering construction field, and prohibiting the high-frequency trend of corruption in mineral field, the land and resource authorities at all levels shall adhere to the principle of transferring mineral rights in public according to laws and regulations through market competition, such as bid invitation and auction, control on a strict basis the scope, the authority of examination and approval, as well as the procedure of transfer of mineral rights by agreement, so as to reduce the number of such transfers and to promote the development of the mineral right market. As for the strict control and regulating of the transfer of mineral rights by agreement, as well as the improvement of the mineral right administration system, the relevant issues are notified as follows:

I. Strictly control the transfer by agreement
1. In any of the following five circumstances where a transfer of prospecting or mining right by agreement has been determined by the sponsor of the prospecting or mining project and has passed the joint review conducted by the examination and approval authorities of mineral right transfer, such transfer by agreement shall be approved.
(1) A key mineral resource development project approved by the State Council, and an ore field providing auxiliary resources for a key mineral resource development project approved by the State Council;
(2) A large or medium-sized mineral development project in respect of reserve volume as approved by a people's government at provincial level;
(3) A prospecting project for looking for alternative resources in old mines (crisis mines) included in the national special project list.
(4) The mining right has been granted, and an expansion to the adjourning area is necessitated due to the integration or utilization of original production system; or
(5) The prospecting right has been granted, and integration is necessary or surrounding sporadic resources are involved due to the expansion of the entire prospecting area.
2.
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