Mineral Resources Law of the People's Republic of China (Revised in 2024)
Mineral Resources Law of the People's Republic of China (Revised in 2024)
Mineral Resources Law of the People's Republic of China (Revised in 2024)
Order of the President of the People's Republic of China No. 36
November 8, 2024
The Mineral Resources Law of the People's Republic of China, which has been adopted at the 12th Session of the Standing Committee of the 14th National People's Congress on November 8, 2024, is hereby promulgated and shall become effective from July 1, 2025.
Xi Jinping, President of the People's Republic of China
Mineral Resources Law of the People's Republic of China (Revised in 2024)
(Adopted at the 15th Meeting of the Standing Committee of the Sixth National People's Congress on March 19, 1986; amended for the first time according to the Decision on Amending the Mineral Resources Law of the People's Republic of China adopted at the 21st Meeting of the Standing Committee of the Eighth National People's Congress on August 29, 1996; amended for the second time according to the Decision on Amending Certain Laws adopted at the 10th Meeting of the Standing Committee of the 11th National People's Congress on August 27, 2009; and revised at the 12th Session of the Standing Committee of the 14th National People's Congress on November 8, 2024)
Contents
Chapter I General Provisions
Chapter II Mineral Rights
Chapter III Exploration and Mining of Mineral Resources
Chapter IV Ecological Restoration of Mining Areas
Chapter V Mineral Resource Reserves and Emergency Response
Chapter VI Supervision and Administration
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution in order to promote the rational development and utilization of mineral resources, strengthen the protection of mineral resources and ecological environment, safeguard the rights and interests of the State as the owner of mineral resources and the legitimate rights and interests of mineral right holders, drive high-quality development of the mining industry, ensure national mineral resource security, and meet the needs of building a modern socialist country in all respects.
Article 2 This Law shall apply to the exploration, mining of mineral resources, ecological restoration of mining areas, and other activities within the territory of the People's Republic of China and other sea areas under its jurisdiction.
The term "mineral resources" herein refers to natural resources formed by geological processes and having value in use, which exist in solid, liquid, gaseous or other forms. The catalogue of mineral resources shall be determined and adjusted by the State Council.
Article 3 The development, utilization and protection of mineral resources shall adhere to the leadership of the Communist Party of China, implement the holistic approach to national security, coordinate development and security, consider both domestic and international situations, uphold the principle of equal emphasis on development, utilization and protection, and follow the principles of ensuring safety, promoting efficient and intensive use, being supported by science and technology, and pursuing green development.
Article 4 Mineral resources shall be owned by the State, and the State Council shall exercise the ownership rights over mineral resources on behalf of the State. The State's ownership of mineral resources, whether on the surface or underground, shall not change with the alteration of the ownership or use right of the land to which the mineral resources are attached.
People's governments at all levels shall strengthen the protection of mineral resources. No entity or individual shall occupy or damage mineral resources by any means.
Article 5 For any exploration and mining of mineral resources, exploration rights and mining rights shall be obtained respectively in accordance with the law, unless otherwise stipulated herein.
The State shall protect any legally obtained exploration rights and mining rights from infringement and maintain the production order and work order in the mineral resource exploration and mining areas.
Article 6 Exploration and mining of mineral resources require payment of fees in accordance with relevant national regulations. The State Council may stipulate reduction or exemption of relevant fees under different circumstances.
Resource tax shall be paid for the mining of mineral resources in accordance with the law.
Article 7 The State shall establish and improve its geological survey system, strengthen basic geological survey work, and provide basic geological data for the exploration, mining and protection of mineral resources.
Article 8 The State shall improve policies and measures to increase support for the exploration, mining, trade, and reserves of strategic mineral resources, drive an increase in the reserves and production capacity of strategic mineral resources, advance the optimization and upgrading of the strategic mineral resource industry, and raise the security level of mineral resources.
The catalogue of strategic mineral resources shall be determined and adjusted by the State Council.
For specific strategic mineral resources identified by the State Council, protective mining shall be implemented in accordance with relevant national regulations.
Article 9 The State shall implement the policy of unified planning, reasonable layout, comprehensive exploration, rational mining and comprehensive utilization for the exploration and mining of mineral resources.
The competent department of natural resources under the State Council shall, in consultation with the relevant departments of development and reform, emergency management, ecology and environment, industry and information technology, water administration, energy, and mine safety administration under the State Council, formulate the planning for national mineral resources based on the national development planning, the national territorial spatial planning, geological survey results, and other factors, and implement the planning after it is approved by the State Council or the department authorized by it.
The competent department of natural resources under the provincial-level people's government shall, in consultation with relevant departments, formulate the planning for the mineral resources in its administrative region, and implement the planning after it is approved by the competent department of natural resources under the State Council upon permission by the people's government at the same level.
The competent department of natural resources under the people's government of a city with districts or at the county level shall, in consultation with relevant departments, formulate the planning for mineral resources in its respective administrative area based on the conditions of mineral resources and actual needs in its administrative area, and implement the planning after it is approved by the competent department of natural resources of the people's government at the next higher level upon permission by the people's government at the same level.
Article 10 The State shall strengthen the building of a strategic mineral resource reserve system and a mineral resource emergency response system, and enhance its mineral resource emergency supply capacity and level.
Article 11 The State shall encourage and support the technological innovation, and the application and promotion of technological achievements in mineral resource exploration, mining, and protection, ecological restoration of mining areas, and in other fields, promote digitalization, intelligence, and green development, and raise the scientific and technological level in the fields related to mineral resources.
Article 12 Entities and individuals that have made outstanding contributions in mineral resource exploration, mining and protection, and in the ecological restoration of mining areas, as well as those who have achieved remarkable results in the technological innovation and other matters related to mineral resources, shall be commended and rewarded pursuant to relevant national regulations.
Article 13 In mining mineral resources in ethnic autonomous areas, the State shall take into account the interests of the ethnic autonomous regions, make arrangements conducive to the economic development of the ethnic autonomous regions, and take into consideration the production and livelihood of the local people.
The autonomous authorities of ethnic autonomous regions shall, in accordance with legal provisions and the unified national planning, prioritize the rational development and utilization of mineral resources that can be exploited locally.
Article 14 The competent department of natural resources under the State Council shall, in consultation with relevant departments, be responsible for the supervision and administration of mineral resource exploration and mining, the ecological restoration of mining areas, and other activities nationwide.
The competent departments of natural resources of the people's governments at or above the county level shall, in consultation with relevant departments, be responsible for the supervision and administration of mineral resource exploration and mining, the ecological restoration of mining areas, and other activities within their respective administrative regions.
The institutions authorized by the State Council shall carry out inspections regarding the development, utilization, supervision, and administration of mineral resources by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
Article 15 The State shall adhere to the principles of equality, mutual benefit, and win-win cooperation, and actively promote international cooperation in the field of mineral resources.
Chapter II Mineral Rights
Article 16 The State shall implement a system of paid acquisition of exploration rights and mining rights.
Exploration rights and mining rights are collectively referred to as mineral rights.
Article 17 Mineral rights shall be transferred by competitive means such as bidding, auction, and listing, except for cases where laws, administrative regulations, or provisions of the State Council allow for the transfer through agreement or by other means.
The division of authority for transfer of mineral rights shall be stipulated by the State Council. The competent departments of natural resources of the people's governments at or above the county level shall organize the transfer of mineral rights pursuant to their authority as determined.
The transfer of mineral rights shall be incorporated into the unified platform system for public resources trading in accordance with relevant national regulations.
Article 18 The competent departments of natural resources of the people's governments at or above the county level shall strengthen the overall coordination for the transfer of mining rights, optimize work process, raise work efficiency, and ensure that the transfer of mineral rights is in line with the actual needs of enhancing mineral resource exploration and mining. The transfer of mineral rights shall take into account such factors as the characteristics of different mineral resources, the minimum mining scale, ecological and environmental protection requirements, and safety requirements.
The State shall encourage entities and individuals to provide the competent departments of natural resources of the people's governments at or above the county level with the sources of exploration right blocks available for transfer; for those meeting the conditions for transfer, the relevant competent departments of natural resources shall arrange for the transfer in a timely manner.
The competent department of natural resources under the State Council shall strengthen the guidance and supervision of the transfer of mineral rights.
Where the mining of mineral resources within a certain area is prohibited or restricted by any provisions in laws or administrative regulations, the relevant provisions shall prevail.
Article 19 For the transfer of mineral rights through competitive means, the competent department of natural resources responsible for the transfer of mineral rights (hereinafter referred to as the "mineral rights transferring department") shall announce in advance the basic information on the mineral rights to be transferred, the competition rules, technical capability requirements for the transferees, and their rights and obligations, among other matters; they shall not provide differentiated or discriminatory treatment for market entities by imposing unreasonable conditions.
Article 20 To transfer mineral rights, the mineral rights transferring department shall sign a written mineral rights transfer contract with the legally determined transferee.
The mineral rights transfer contract shall clearly specify the types of minerals and the area for exploration or mining, the requirements for exploration, mining, ecological restoration of mining areas, and safety, the amount and payment method for the mineral rights transfer earnings, the term of the mineral rights, among other matters.
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Order of the President of the People's Republic of China No. 36
November 8, 2024
The Mineral Resources Law of the People's Republic of China, which has been adopted at the 12th Session of the Standing Committee of the 14th National People's Congress on November 8, 2024, is hereby promulgated and shall become effective from July 1, 2025.
Xi Jinping, President of the People's Republic of China
Mineral Resources Law of the People's Republic of China (Revised in 2024)
(Adopted at the 15th Meeting of the Standing Committee of the Sixth National People's Congress on March 19, 1986; amended for the first time according to the Decision on Amending the Mineral Resources Law of the People's Republic of China adopted at the 21st Meeting of the Standing Committee of the Eighth National People's Congress on August 29, 1996; amended for the second time according to the Decision on Amending Certain Laws adopted at the 10th Meeting of the Standing Committee of the 11th National People's Congress on August 27, 2009; and revised at the 12th Session of the Standing Committee of the 14th National People's Congress on November 8, 2024)
Contents
Chapter I General Provisions
Chapter II Mineral Rights
Chapter III Exploration and Mining of Mineral Resources
Chapter IV Ecological Restoration of Mining Areas
Chapter V Mineral Resource Reserves and Emergency Response
Chapter VI Supervision and Administration
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution in order to promote the rational development and utilization of mineral resources, strengthen the protection of mineral resources and ecological environment, safeguard the rights and interests of the State as the owner of mineral resources and the legitimate rights and interests of mineral right holders, drive high-quality development of the mining industry, ensure national mineral resource security, and meet the needs of building a modern socialist country in all respects.
Article 2 This Law shall apply to the exploration, mining of mineral resources, ecological restoration of mining areas, and other activities within the territory of the People's Republic of China and other sea areas under its jurisdiction.
The term "mineral resources" herein refers to natural resources formed by geological processes and having value in use, which exist in solid, liquid, gaseous or other forms. The catalogue of mineral resources shall be determined and adjusted by the State Council.
Article 3 The development, utilization and protection of mineral resources shall adhere to the leadership of the Communist Party of China, implement the holistic approach to national security, coordinate development and security, consider both domestic and international situations, uphold the principle of equal emphasis on development, utilization and protection, and follow the principles of ensuring safety, promoting efficient and intensive use, being supported by science and technology, and pursuing green development.
Article 4 Mineral resources shall be owned by the State, and the State Council shall exercise the ownership rights over mineral resources on behalf of the State. The State's ownership of mineral resources, whether on the surface or underground, shall not change with the alteration of the ownership or use right of the land to which the mineral resources are attached.
People's governments at all levels shall strengthen the protection of mineral resources. No entity or individual shall occupy or damage mineral resources by any means.
Article 5 For any exploration and mining of mineral resources, exploration rights and mining rights shall be obtained respectively in accordance with the law, unless otherwise stipulated herein.
The State shall protect any legally obtained exploration rights and mining rights from infringement and maintain the production order and work order in the mineral resource exploration and mining areas.
Article 6 Exploration and mining of mineral resources require payment of fees in accordance with relevant national regulations. The State Council may stipulate reduction or exemption of relevant fees under different circumstances.
Resource tax shall be paid for the mining of mineral resources in accordance with the law.
Article 7 The State shall establish and improve its geological survey system, strengthen basic geological survey work, and provide basic geological data for the exploration, mining and protection of mineral resources.
Article 8 The State shall improve policies and measures to increase support for the exploration, mining, trade, and reserves of strategic mineral resources, drive an increase in the reserves and production capacity of strategic mineral resources, advance the optimization and upgrading of the strategic mineral resource industry, and raise the security level of mineral resources.
The catalogue of strategic mineral resources shall be determined and adjusted by the State Council.
For specific strategic mineral resources identified by the State Council, protective mining shall be implemented in accordance with relevant national regulations.
Article 9 The State shall implement the policy of unified planning, reasonable layout, comprehensive exploration, rational mining and comprehensive utilization for the exploration and mining of mineral resources.
The competent department of natural resources under the State Council shall, in consultation with the relevant departments of development and reform, emergency management, ecology and environment, industry and information technology, water administration, energy, and mine safety administration under the State Council, formulate the planning for national mineral resources based on the national development planning, the national territorial spatial planning, geological survey results, and other factors, and implement the planning after it is approved by the State Council or the department authorized by it.
The competent department of natural resources under the provincial-level people's government shall, in consultation with relevant departments, formulate the planning for the mineral resources in its administrative region, and implement the planning after it is approved by the competent department of natural resources under the State Council upon permission by the people's government at the same level.
The competent department of natural resources under the people's government of a city with districts or at the county level shall, in consultation with relevant departments, formulate the planning for mineral resources in its respective administrative area based on the conditions of mineral resources and actual needs in its administrative area, and implement the planning after it is approved by the competent department of natural resources of the people's government at the next higher level upon permission by the people's government at the same level.
Article 10 The State shall strengthen the building of a strategic mineral resource reserve system and a mineral resource emergency response system, and enhance its mineral resource emergency supply capacity and level.
Article 11 The State shall encourage and support the technological innovation, and the application and promotion of technological achievements in mineral resource exploration, mining, and protection, ecological restoration of mining areas, and in other fields, promote digitalization, intelligence, and green development, and raise the scientific and technological level in the fields related to mineral resources.
Article 12 Entities and individuals that have made outstanding contributions in mineral resource exploration, mining and protection, and in the ecological restoration of mining areas, as well as those who have achieved remarkable results in the technological innovation and other matters related to mineral resources, shall be commended and rewarded pursuant to relevant national regulations.
Article 13 In mining mineral resources in ethnic autonomous areas, the State shall take into account the interests of the ethnic autonomous regions, make arrangements conducive to the economic development of the ethnic autonomous regions, and take into consideration the production and livelihood of the local people.
The autonomous authorities of ethnic autonomous regions shall, in accordance with legal provisions and the unified national planning, prioritize the rational development and utilization of mineral resources that can be exploited locally.
Article 14 The competent department of natural resources under the State Council shall, in consultation with relevant departments, be responsible for the supervision and administration of mineral resource exploration and mining, the ecological restoration of mining areas, and other activities nationwide.
The competent departments of natural resources of the people's governments at or above the county level shall, in consultation with relevant departments, be responsible for the supervision and administration of mineral resource exploration and mining, the ecological restoration of mining areas, and other activities within their respective administrative regions.
The institutions authorized by the State Council shall carry out inspections regarding the development, utilization, supervision, and administration of mineral resources by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
Article 15 The State shall adhere to the principles of equality, mutual benefit, and win-win cooperation, and actively promote international cooperation in the field of mineral resources.
Chapter II Mineral Rights
Article 16 The State shall implement a system of paid acquisition of exploration rights and mining rights.
Exploration rights and mining rights are collectively referred to as mineral rights.
Article 17 Mineral rights shall be transferred by competitive means such as bidding, auction, and listing, except for cases where laws, administrative regulations, or provisions of the State Council allow for the transfer through agreement or by other means.
The division of authority for transfer of mineral rights shall be stipulated by the State Council. The competent departments of natural resources of the people's governments at or above the county level shall organize the transfer of mineral rights pursuant to their authority as determined.
The transfer of mineral rights shall be incorporated into the unified platform system for public resources trading in accordance with relevant national regulations.
Article 18 The competent departments of natural resources of the people's governments at or above the county level shall strengthen the overall coordination for the transfer of mining rights, optimize work process, raise work efficiency, and ensure that the transfer of mineral rights is in line with the actual needs of enhancing mineral resource exploration and mining. The transfer of mineral rights shall take into account such factors as the characteristics of different mineral resources, the minimum mining scale, ecological and environmental protection requirements, and safety requirements.
The State shall encourage entities and individuals to provide the competent departments of natural resources of the people's governments at or above the county level with the sources of exploration right blocks available for transfer; for those meeting the conditions for transfer, the relevant competent departments of natural resources shall arrange for the transfer in a timely manner.
The competent department of natural resources under the State Council shall strengthen the guidance and supervision of the transfer of mineral rights.
Where the mining of mineral resources within a certain area is prohibited or restricted by any provisions in laws or administrative regulations, the relevant provisions shall prevail.
Article 19 For the transfer of mineral rights through competitive means, the competent department of natural resources responsible for the transfer of mineral rights (hereinafter referred to as the "mineral rights transferring department") shall announce in advance the basic information on the mineral rights to be transferred, the competition rules, technical capability requirements for the transferees, and their rights and obligations, among other matters; they shall not provide differentiated or discriminatory treatment for market entities by imposing unreasonable conditions.
Article 20 To transfer mineral rights, the mineral rights transferring department shall sign a written mineral rights transfer contract with the legally determined transferee.
The mineral rights transfer contract shall clearly specify the types of minerals and the area for exploration or mining, the requirements for exploration, mining, ecological restoration of mining areas, and safety, the amount and payment method for the mineral rights transfer earnings, the term of the mineral rights, among other matters.
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