国务院令第240号
颁布日期：19980212 　实施日期：19980212 　颁布单位：国务院

　　Promulgated¹ by Decree No. 240 of the State Council of the People's Republic of China on February 12, 1998.

　　Article 1 These Measures are formulated² in accordance with the Mineral Resources Law of the People's Republic of China with a view to strengthening the administration of mineral resources exploration and survey, protecting the lawful³ rights and interests of persons with mineral exploration right, maintaining order in mineral resources exploration and survey and promoting the development of the mining industry.

　　Article 2 These Measures must be adhered to in mineral resources exploration and survey within the territory of the People's Republic of China and other sea areas under its jurisdiction⁴.

　　Article 3 The State practises the system of uniform area registration⁵ administration in mineral resources exploration and survey. An area with the delimitation of 1' longitude⁶ x 1' latitude⁷ shall be the basic unit area of the scope of a work area in mineral resources exploration and survey. The maximum scope of each exploration and survey project permissible⁸ for registration shall be:

　　(1)a 10-basic unit area for mineral water;

　　(2)a 40-basic unit area for metal minerals, non-metal minerals and radioactive minerals;

　　(3)a 200-basic unit area for geothermal energy, coal and fluid and gaseous⁹ minerals; and

　　(4)a 2,500-basic unit area for petroleum¹⁰ and natural gas minerals.

　　Article 4 Exploration and survey of the following mineral resources shall be subject to the examination, approval and registration of the competent department of geology and mineral resources under the State Council and an exploration and survey permit shall be issued:

　　(1)cross-province, cross-autonomous¹¹ region and cross-municipality directly under the Central Government mineral resources;

　　(2)mineral resources within the territorial¹² waters and other sea areas under the jurisdiction of China;

　　(3)mineral resources the exploration and survey of which are to be conducted with investment by foreign businesses; and

　　(4)the mineral resources listed in the appendix to these Measures.

　　Whoever engages in the exploration and survey of mineral resources shall be registered by the competent department of geology and mineral resources under the State Council and issued an exploration and survey permit upon the examination and consent of the organ designated by the State Council.

　　Exploration and survey of the following mineral resources shall be subject to the examination, approval and registration of the competent departments of geology and mineral resources of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government and issued an exploration and survey permit, and the case shall be submitted to the competent department of geology and mineral resources under the State Council for the record within 10 days from the date of issuance of the permit:

　　(1)mineral resources other than those specified¹³ in the first clause and second clause of this Article; and

　　(2)mineral resources the examination, approval and registration of which shall be subject to the competent departments of geology and mineral resources of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government authorized¹⁴ by the competent department of geology and mineral resources under the State Council.

　　Article 5 The exploration and survey contributer shall be the applicant¹⁵ for the mineral exploration right; however, where the State contributes to the exploration and survey, the exploration and survey unit entrusted¹⁶ by the State shall be the applicant for the mineral exploration right.

　　Article 6 An exploration right applicant shall, in applying for the mineral exploration right, present the following materials to the registration administration organ:

　　(1)a letter of application for registration and a map indicating the scope of the area to be applied¹⁷ for;

　　(2)a photocopy¹⁸ of the certificate of qualification of the exploration and survey unit;

　　(3)the work plan for exploration and survey, the exploration and survey contract or the certificate of commission for exploration and survey;

　　(4)implementation¹⁹ schemes and appendixes for exploration and survey;

　　(5)proof of the source of funding for the exploration and survey; and

　　(6)other materials the presentation of which are prescribed by the competent department of geology and mineral resources under the State Council.

　　Whoever applies for the exploration and survey of petroleum and natural gas should as well present the approval document of the State Council for the establishment of a petroleum company or conducting of exploration and survey of petroleum and natural gas and certificate of qualification of the legal person of the exploration and survey unit.

　　Article 7 Whoever applies for roll-on exploration and exploitation of petroleum and natural gas should present the following materials to the registration administration organ, go through the formalities of registration and obtain a mining permit for roll-on exploration and exploitation upon approval:

　　(1)a letter of application for registration and a map indicating the scope of the mining area for exploration and exploitation;

　　(2)the project proposal approved by the competent department of planning under the State Council;

　　(3)authentication materials for roll-on exploration and exploitation;

　　(4)the report on reserves for roll-on exploration and exploitation of petroleum and natural gas approved by the examination and approval organ of mineral reserves under the State Council; and

　　(5)a utilization²⁰ scheme for roll-on exploration and exploitation.

　　Article 8 The registration administration organ should, within 40 days from the date of receipt of the application, make a decision on the approval for registration or non-registration in accordance with the principle of whoever applies first, and inform the applicant for mineral exploration right. With respect to applicants²¹ for the exploration and survey of petroleum and natural gas, the registration administration organ should likewise make an announcement or respond to inquiries²² in time upon receipt of the applications.

　　The registration administration organ should guarantee the registration of the first-category projects in the state geological survey plan. Specific measures shall be worked out by the competent department of geology and mineral resources under the State Council in conjunction with the competent department of planning under the State Council.

　　In case of necessity of revision or supplement of materials by an applicant for mineral exploration right prescribed in Article 6 of these Measures, the registration administration organ should inform the applicant for mineral exploration right of effecting the revision or supplement within the specified time period.

　　An applicant for mineral exploration right approved for registration should, within 30 days from the date of receipt of the notice, pay the mineral exploration right user's fee in pursuance of the provisions of Article 12 of these Measures and pay the mineral exploration right purchase price for state contributed exploration and survey in pursuance of the provisions of Article 13 of these Measures, go through the formalities of registration, obtain the exploration and survey permit and become the person with mineral exploration right. In the case of non-registration, the registration administration organ should explain the reasons to an applicant for mineral exploration right.

　　Article 9 Any unit or individual shall be prohibited to enter the exploration and survey operations areas of others who have obtained the mineral exploration right in accordance with law to conduct exploration and survey or mining activities.

　　In the event of a dispute over the scope of an exploration and survey operations area and the scope of a mining area between a person with mineral exploration right and a person with mining right, a settlement shall be worked out by the interested parties through consultation²³; in case of failure of the consultation, an arbitration²⁴ shall be made by the higher registration administration organ among the registration administration organs that issue permits.

　　Article 10 The maximum validity of an exploration and survey permit shall be 3 years; however, the maximum validity of an exploration and survey permit for petroleum and natural gas shall be 7 years. In case of necessity for an extention of the time for the exploration and survey work, the person with mineral exploration right should, 30 days prior to the expiration²⁵ of the validity of the exploration and survey permit, go through the formalities of registration for extention at the registration administration organ. The duration of each extension shall not exceed 2 years.

　　Any person with mineral exploration right who fails to go through the formalities of registration for extension on expiry, the exploration and survey permit shall be automatically annulled²⁶.

　　The maximum validity of a mining permit for roll-on exploration and exploitation of petroleum and natural gas shall be 15 years; however, for areas with known reserves, an application shall be submitted for the processing of a mining permit.

　　Article 11 The registration administration organ should, within 10 days from the date of issuance of an exploration and survey permit, notify the department responsible for the administration of geology and mineral resources of the county-level people's government of the locality wherein the exploration and survey project is located of such particulars as the name of the project, the person with mineral exploration right, the scope of the area and the duration of the exploration and survey permit for which a registration has been entered into and a permit has been issued.

　　The registration administration organ should make announcements at regular intervals²⁷ on the status of exploration and survey area registration and issuance of permits.

　　Article 12 The State practises the paid-for acquisition system of mineral exploration right. The mineral exploration right user's fee shall be calculated according to the exploration and survey year and paid every year.

　　Rates of mineral exploration right user's fee: a payment of RMB 100 Yuan per square kilometer a year shall be effected from the first exploration and survey year to the third exploration and survey year; an additional RMB 100 Yuan per square kilometer shall be paid from the fourth exploration and survey year; however, the maximum amount per square kilometer shall not exceed RMB 500 Yuan a year.

　　Article 13 For application for mineral exploration right of areas of state-contributed exploration and survey and areas of known minerals, an applicant for mineral exploration right should, in addition to the payment of the mineral exploration right user's fee in pursuance of the provisions of Article 12 of these Measures, also pay the mineral exploration right purchase price for state-contributed exploration and survey confirmed after evaluation²⁸; the mineral exploration right purchase price may be paid in lump-sum or in instalments pursuant to relevant state provisions.

　　Evaluation of the mineral exploration right purchase price for state contributed exploration and survey shall be carried out by evaluation agencies certified²⁹ by the competent department of geology and mineral resources under the State Council in conjunction with the department of state assets management; the evaluation results shall be confirmed by the competent department of geology and mineral resources under the State Council.

　　Article 14 The mineral exploration right user's fee and the mineral exploration right purchase price for state-contributed exploration and survey shall be collected by the registration administration organs and integrated into state budget management in total. Specific measures for the management and use shall be worked out by the competent department of geology and mineral resources under the State Council in conjunction with the department of finance and the competent department of planning under the State Council.

　　Article 15 In case of any of the following circumstances, a person with mineral exploration right shall file an application and may enjoy reduction in or exemption³⁰ from the payment of mineral exploration right user's fee and mineral exploration right purchase price subject to the examination and approval of the registration administration organ pursuant to the measures for the reduction and exemption of mineral exploration right user's fee and mineral exploration right purchase price formulated by the competent department of geology and mineral resources under the State Council in conjunction with the department of finance under the State Council:

　　(1)categories of minerals the exploration and survey of which are encouraged by the State;

　　(2)areas the exploration and survey of which are encouraged by the State; and

　　(3)other circumstances specified by the competent department of geology and mineral resources under the State Council in conjunction with the department of finance under the State Council.

　　Article 16 Paid-for obtainment of mineral exploration right may be effected in the form of invitation to tender and bidding.

　　The registration administration organs shall determine the areas for invitation to tender pursuant to the terms of reference prescribed in Article 4 of these Measures, issue a tender notice and put forth³¹ bidding requirements and date of termination; however, areas for invitation to tender from abroad shall be determined³² by the competent department of geology and mineral resources under the State Council.

　　The registration administration organs shall organize the evaluation of biddings and determine the winning bidder³³ in accordance with the principle of selection on merit. The winning bidder shall, upon payment of the fees prescribed in Articles 12 and 13 of these Measures, go through the formalities of registration, obtain an exploration and survey permit, become a person with mineral exploration right and fulfil the obligations undertaken in the tender.

　　Article 17 A person with mineral exploration right should, from the date of obtainment of the exploration and survey permit, complete the minimum exploration and survey input³⁴ pursuant to the following provisions:

　　(1)RMB 2,000 Yuan per square kilometer in the first exploration and survey year;

　　(2)RMB 5,000 Yuan per square kilometer in the second exploration and survey year; and

　　(3)RMB 10,000 Yuan per square kilometer each exploration and survey year starting from the third exploration and survey year.

　　In case of the exploration and survey input in the current year by a person with mineral exploration right is higher than the minimum exploration and survey input rate, the portion higher than the rate may be calculated in the exploration and survey input of the following exploration and survey year.

　　A person with mineral exploration right should, within 30 days starting from the date of resumption of normal exploration and survey work, submit a report to the registration administration organ applying for the verification and reduction of corresponding minimum exploration and survey input owing to natural disasters and other causes of force majeure resulting in the impossibility of carrying on normal exploration and survey work; the registration administration organ should give an official reply within 30 days starting from the date of receipt of the report.

　　Article 18 A person with mineral exploration right should, within six months starting from the date of obtainment of the exploration and survey permit, begin the construction; a report should be submitted to the department responsible for the administration of geology and mineral resources of the county-level people's government of the locality where in the exploration and survey project is located at the start of the exploration and survey work and a report on the start of construction should be submitted to the registration administration organ.

　　Article 19 A person with mineral exploration right may apply for exploitation upon discovery of complex-type mineral deposits conforming to the state-prescribed requirements that exploitation should be proceeded along with exploration in the process of exploration and survey during the period of validity of the exploration and survey permit and go through the formalities of registration for mining upon approval of the registration administration organ.

　　Article 20 A person with mineral exploration right should, in case of necessity of trial exploitation during the exploration and survey of such fluid minerals as petroleum and natural gas, file an application for trial exploitation at the registration administration organ and may engage in trial exploitation for one year upon approval; in case of necessity of extension of the time for trial exploitation, formalities of registration must be completed.

　　Article 21 A person with mineral exploration right may terminate the minimum exploration and survey input for the corresponding areas upon ascertaining³⁵ exploitable ore body during the period of validity of the exploration and survey permit subject to the approval of the registration administration organ and may apply for the reservation of the mineral exploration right 30 days prior to the expiry of validity of the exploration and survey permit. However, where there are circumstances that necessitate³⁶ postponement³⁷ of exploitation by the State for public interest or there are temporary difficulties in exploitation due to technical conditions are exceptions.

　　The maximum time period for the reservation of the mineral exploration right shall not exceed two years. In case of necessity for the extension of the reservation period, applications for extensions may be filed twice with each extension not exceeding two years; the scope of reservation of the mineral exploration right shall be the scope of the exploitable ore body.

　　A person with mineral exploration right should, pursuant to the provisions of these Measures, pay the mineral exploration right user's fee during the termination of the minimum exploration and survey input or during reservation of the mineral exploration right.

　　The exploration and survey permit should be nullified on expiry of the period of reservation of the mineral exploration right.

　　Article 22 A person with mineral exploration right should, within the period of validity of the exploration and survey permit, apply for registration in changes at the registration administration organ in case of any of the following circumstances:

　　(1)expansion or reduction of the scope of exploration and survey areas;

　　(2)change in target(s) of the exploration and survey work;

　　(3)transfer of mineral exploration right approved in accordance with law; and

　　(4)change in the name or address of the person with mineral exploration right.

　　Article 23 The exploration and survey year, the mineral exploration right user's fee and the minimum exploration and survey input shall be calculated consecutively³⁸ for the registration of extension of mineral exploration right and registration of the change(s).

　　Article 24 A person with mineral exploration right should, within the period of validity of the exploration and survey permit, present a report on the completion of the exploration and survey project or a report on the termination of the exploration and survey project to the registration administration organ and submit statements on fund input and relevant testimonial documents and go through the formalities of nullification registration of the exploration and survey permit upon verification of the actual exploration and survey input by the registration administration organ in case of any of the following circumstances:

　　(1)failure to go through registration for extension or to apply for the reservation of the mineral exploration right on expiry of the validity of the exploration and survey permit;

　　(2)whoever applies for the mining right; and

　　(3)revocation³⁹ of the exploration and survey project necessitated⁴⁰ by unforeseen reasons.

　　The original person with mineral exploration right must not apply for the mineral exploration right within the scope of areas already nullified within 90 days starting from the date of the nullification of the exploration and survey permit.

　　Article 25 When the registration administration organ needs to investigate the exploration and survey input and the progress in the exploration and survey work, a person with mineral exploration right should report truthfully and provide relevant materials, and must not make false reports or deceptive⁴¹ reports, nor shall he/she refuse the inspection⁴².

　　With respect to the request of a person with mineral exploration right for confidentiality⁴³ of materials for the application for registration, information on the results of the exploration and survey work and the financial statements, the registration administration organ should keep the secrets.

　　Article 26 Whoever engages in exploration and survey work without authorization⁴⁴ and obtainment of the exploration and survey permit or engages in exploration and survey work beyond the approved scope of exploration and survey area(s) in violation⁴⁵ of the provisions of these Measures shall be ordered by the department responsible for the administration of geology and mineral resources of people's government at or above the county level pursuant to the terms of reference prescribed by the competent department of geology and mineral resources under the State Council to stop the illegal acts, administered a warning and may concurrently⁴⁶ be imposed a fine of less than RMB 100,000 Yuan.

　　Article 27 Whoever engages in roll-on exploration and exploitation, exploitation along with exploration or trial exploitation without approval and authorization in violation of the provisions of these Measures shall be ordered by the department responsible for the administration of geology and mineral resources of people's government at or above the county level pursuant to the terms of reference prescribed by the competent department of geology and mineral resources under the State Council to stop the illegal acts, administered a warning, confisticated of the illegal gains and may concurrently be imposed a fine of less than RMB 100,000 Yuan.

　　Article 28 Whoever prints or forges and use the exploration and survey permit assuming another name without authorization in violation of the provisions of these Measures shall be confisticated of the illegal gains and may concurrently be imposed a fine of less than RMB 100,000 Yuan by the department responsible for the administration of geology and mineral resources of people's government at or above the county level pursuant to the terms of reference prescribed by the competent department of geology and mineral resources under the State Council; where a crime has been constituted, criminal liability shall be investigated according to law.

　　Article 29 Whoever commits any of the following acts in violation of the provisions of these Measures shall be ordered to make a rectification⁴⁷ within the specified time period by the department responsible for the administration of geology and mineral resources of people's government at or above the county level pursuant to the terms of reference prescribed by the competent department of geology and mineral resources under the State Council; whoever fails to make a rectification on expiry of the specified time period shall be imposed a fine of less than RMB 50,000 Yuan; where the circumstances are serious, the organ that originally issued the permit may revoke⁴⁸ the exploration and survey permit:

　　(1)whoever fails to submit or report the relevant information for the record in accordance with the provisions of these Measures, refuses to accept supervision⁴⁹ and inspection or practises fraud;

　　(2)whoever fails to fulfil the minimum exploration and survey input; and

　　(3)an exploration and survey project which has already obtained the exploration and survey permit fails to start construction on expiry of six months, or termination of the exploration and survey work for six months after construction without reason.

　　Article 30 Whoever fails to go through the formalities of registering the changes in the exploration and survey permit or nullification of the registration in violation of the provisions of these Measures shall be ordered by the registration administration organ to make a rectification within the specified time period; whoever fails to make a rectification on expiry of the specified time period shall be revoked⁵⁰ of the exploration and survey permit by the organ that originally issued the permit.

　　Article 31 Whoever fails to pay the payable⁵¹ fees prescribed by these Measures on time in violation of the provisions of these Measures shall be ordered by the registration administration organ to make the payment within the specified time period, and to pay an additional percent of fine for delaying payment each day from the date of overdue⁵² payment; whoever still fails to make the payment shall be revoked of the exploration and survey permit by the organ that originally issued the permit.

　　Article 32 Whoever explores and surveys petroleum and natural gas minerals in violation of the provisions of these Measures shall be imposed administrative⁵³ penalties by the competent department of geology and mineral resources under the State Council pursuant to the relevant provisions of these Measures.

　　Article 33 A person with mineral exploration right whose exploration and survey permit has been revoked must not apply for mineral exploration right again within six months from the date of revocation of the exploration and survey permit.

　　Article 34 Any functionary⁵⁴ of a registration administration organ who indulges in self-seeking mis conducts, abuses power, neglects duties which constitute a crime shall be investigated of the criminal liability according to law; where a crime has not been constituted, a administrative sanctions shall be imposed according to law.

　　Article 35 The exploration and survey permits shall be uniformly printed by the competent department of geology and mineral resources under the State Council. Formats⁵⁵ of the letter of application for registration, letter of application for registration of change(s), letter of application for registration of reservation of mineral exploration right and letter of application for nullification of registration shall be uniformly worked out by the competent department of geology and mineral resources under the State Council.

　　Article 36 Whoever goes through formalities of registration for exploration and survey should pay a registration fee pursuant to provisions. The rates and management of fee collection and measures for their use shall be determined by the competent department of price control under the State Council in conjunction with the competent department of geology and mineral resources and the department of finance under the State Council.

　　Article 37 Exploration and survey of mineral resources by foreign business investment shall be handled in pursuance of the provisions of these Measures; where there are separate specific provisions of laws and regulations, those provisions shall prevail.

　　Article 38 In case of Sino-foreign cooperative exploration and survey of mineral resources, the cooperator on the Chinese side should, prior to the conclusion of the contract, submit the relevant documents and materials on areas for cooperative exploration and survey and mineral categories to the organ that originally issued the permit for revivification and opinions to be signed thereon; the contract shall, upon conclusion, be submitted to the organ that originally issued the permit for the record.

　　Article 39 Those having obtained the exploration and survey permits prior to the implementation of these Measures shall exchange and obtain new exploration and survey permits under uniform organization of the competent department of geology and mineral resources under the State Council. The mineral exploration right user's fee and the minimum exploration and survey input shall be calculated on the basis of the first exploration and survey year upon new registration and application for reduction or exemption of payment may be filed pursuant to the provisions of these Measures.

　　Article 40 Whoever engages in such geological survey work as regional geological survey, regional mineral survey, regional geophysical survey, regional geochemical survey, aeronautic⁵⁶ remote sensing geological survey and regional hydrologic geological survey, regional engineering geological survey, regional environmental geological survey and oceanographic geological survey should report to the registration administration organ for the record.

　　Article 41 Revision of the appendix to these Measures shall be published by the competent department of geology and mineral resources under the State Council upon approval of the State Council after submission⁵⁷.

　　Article 42 These Measures shall enter into force from the date of promulgation⁵⁸. The Interim⁵⁹ Measures for the Registration Administration of Mineral Resources Exploration and Survey promulgated by the State Council on April 29, 1987 and the Interim Measures for the Registration Administration of Petroleum and Natural Gas Exploration, Survey and Exploitation approved by the State Council on December 16, 1987 and promulgated by the Ministry⁶⁰ of Petroleum Industry are simultaneously⁶¹ superseded⁶².

　　APPENDIX: Catalog of Mineral Categories Subject to the Examination, Approval and Issuance of Permits of the Competent Department of Geology and Mineral Resources under the State Council:

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