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Methods of Management of exploration right, mining right usage fee and price

Published time:2017-11-17 Page view:169

Article 1.These Measures are formulated in accordance with the relevant provisions of the Mineral Resources Law of the People's Republic of China, the Measures for impeach Mineral Resources and Check Block Registration Management, the Measures for the Registration and Management of Mineral Resources Exploitation, and the Measures for the Management of the Transfer of Exploration and Mining Rights, in order to maintain the ownership of mineral resources and strengthen the management of the royalties and prices of exploration and mining rights.

Article 2 Royalties and prices for exploration and mining rights shall be paid in accordance with relevant regulations for the exploration and mining rights in the territory of the People's Republic of China and in the sea areas under its jurisdiction for the exploration and mining of mineral resources.


Article 3 Royalties for exploration and mining rights shall include


(1) Royalties for exploration rights. Royalties to be collected from the prospecting right holders in accordance with regulations when the prospecting right of mineral resources is transferred to the prospecting right holders.


(2) mining right royalty. Royalties to be collected from the mining right holder in accordance with regulations when the right to mine mineral resources is transferred to the mining right holder.


Article 4 The price of exploration and mining rights shall include


(1) the price of the exploration right. Transfer the prospecting right formed by the investment to the prospecting right owner, and collect the price from the prospecting right owner according to the regulations.


(2) the price of the mining right. The price to be collected from the mining right holder in accordance with the regulations if the mining right formed by the investment prospecting is transferred to the mining right holder.


Article 5 Standards for collecting royalties for exploration and mining rights


(1) The royalties for exploration rights shall be calculated in the year of exploration and shall be paid year by year according to the block area. From the first year of exploration to the third year of exploration, the royalties shall be paid 100 yuan per square kilometer per year. From the fourth year of exploration, the royalties shall be increased by 100 yuan per square kilometer per year, and the higher royalties shall not exceed 500 yuan per square kilometer per year.


(2) The mining right royalty shall be paid annually on the basis of the area of the mining area, RMB 1,000 per square kilometer per year.


Article 6 Standard for payment of exploration and mining rights


The price of the exploration and mining right shall be paid in one lump sum or in installments on the basis of the assessed price confirmed by the department in charge of geology and mineral resources under The State Council. However, the maximum payment period for the exploration right shall not exceed 2 years, and the maximum payment period for the mining right shall not exceed 6 years.


Article 7 The royalties and prices for exploration and mining rights shall be collected by the registration and administration authorities for exploration and mining rights. The royalty and the price of the exploration and mining right shall be paid by the owner of the exploration and mining right at the time of registration of exploration and mining or annual inspection.


In handling the registration of exploration and mining or the annual inspection, the owner of the exploration and mining right shall, in accordance with the standards determined by the registration and administration authority, directly pay the royalty and the price of the exploration and mining right into the "special financial account for the royalty and the price of the exploration and mining right" opened by the financial department at the same level. The owner of the prospecting and mining right shall go through the registration formalities with the registration and administration authority on the strength of the bank contract receipt, and obtain the "special receipt for the royalties and prices of the prospecting and mining right" and the exploration and mining license.


The "special receipts for the royalties and prices of the exploration and mining rights" shall be uniformly printed by the finance department.


Article 8. For an exploration and mining right that falls under the registration and administration of the department in charge of geology and mineral resources under The State Council, the royalty and price thereof shall be collected by the registration authority of the department in charge of geology and mineral resources under The State Council and paid into a special financial account for the Royalty and price of exploration and mining rights opened by the Ministry of Finance. For exploration and mining rights that fall within the scope of registration and administration of the administrative department of geology and mineral resources at the provincial level, the royalties and prices thereof shall be collected by the registration department of the administrative department of geology and mineral resources at the provincial level and paid into a "special financial account for the royalties and prices of exploration and mining rights" opened by the provincial financial department.


Article 9 The royalties and proceeds from the exploration and mining rights shall be used exclusively for expenditures in the exploration, protection and management of mineral resources. The department in charge of geology and mineral resources under The State Council and the department in charge of geology and mineral resources at the provincial level shall put forward a plan for their use and shall be appropriated for use after being submitted to the financial department at the same level for examination and approval.


Article 10 Administrative and operational expenses for the examination and approval and registration of the use of prospecting and mining rights may be incurred from the royalties for the right to explore and mining. The following costs can be spent in the price of exploration right and mining right: assessment and confirmation cost of transferring exploration right and mining right, bulletin fee and consulting fee. Agency commission, venue rental and other necessary costs, expenses, etc.


Article 11 In the case of transfer of the exploration and mining rights actually owned by a state-owned enterprise and formed by investment in exploration, the price of the exploration and mining rights may be transferred to the capital of the enterprise in whole or in part with the approval of the department in charge of geology and mineral resources under The State Council jointly with the Ministry of Finance. In the case of the transfer of the exploration and mining rights actually owned by the state-owned geological prospecting units and formed from the funded exploration, the price of the exploration and mining rights shall be dealt with in accordance with the relevant provisions.


Article 12 Those who fail to pay the royalties and the price of the exploration and mining right in time shall be ordered to do so within 30 days by the registration and administration department of the exploration and mining right and shall be charged a daily overdue fine of 2‰ starting from the date of overdue payment. In case of failure to pay within the time limit, the prospecting or mining license shall be revoked by the department for registration and administration of prospecting and mining rights.


Article 13 The financial departments and the departments in charge of geology and mineral resources shall earnestly strengthen the financial control and supervision of the royalties and the proceeds from the exploration and mining rights, and regularly inspect the status of the royalties and the proceeds from the exploration and mining rights.


Article 14 These Measures shall be interpreted by the Ministry of Finance and the Ministry of Land and Resources.


Article 15 These Measures shall come into force as of the date of promulgation. The royalties and prices for exploration rights and mining rights collected before the promulgation of these Measures shall be dealt with in accordance with the provisions of these Measures.

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