2. Real Estate Certificate (Mining Right)

Content Page of the Real Estate Certificate (Mining Right)

The design of the “separation of rights and permits” system aims to clearly delineate the boundary between property rights and administrative permits. Its significance is primarily reflected in:

Strengthen the protection of property rights in mining rights. Under the previous model—where a single license served both as proof of property rights and as an administrative approval document—if a company had its mining license revoked for violating regulations, its property rights could also be lost accordingly. Now, the “Real Estate Ownership Certificate,” as an independent document certifying property rights, Its validity is not directly affected by the status of the mining permit (e.g., whether it has been revoked due to violations). This provides enterprises with more stable and predictable property rights protection, serving as a “reassuring pill” for mining right holders. Unless under legally prescribed circumstances and following the legally mandated procedures, no authority may arbitrarily revoke or alter such rights.

Standardize government regulatory actions “The separation of rights and certificates” clarifies the responsibilities of administrative agencies. The natural resources department functions both as a property registration authority, safeguarding legitimate property rights, and as an administrative licensing body, regulating mining activities. This helps reduce the potential for issues that might have arisen in the past. “Management by batch” or improper association Issues such as the need to avoid arbitrarily depriving individuals of their property rights simply for violations of safety production regulations are prompting more standardized and transparent administrative management.

Promote the transfer of mining rights and the prosperity of the market. The independent “Real Estate Ownership Certificate” serves as the basis for mining rights. Transfer, mortgage, and contribution of capital The new legal framework provides a safer and more convenient legal basis for market activities. Under the new law, the transfer of mining rights takes effect from the moment it is recorded in the registry—replacing the previous requirement that such transfers must first obtain approval from the competent authorities. This change helps reduce transaction costs, facilitate the flow of production factors, and boost market vitality.

Drive enterprises to undergo green transformation and operate in compliance. As rights and interests are better protected, enterprises will also gain greater confidence in long-term investment and development. Meanwhile, clear regulatory red lines—such as obtaining and maintaining mining licenses—also compel enterprises to place even greater emphasis on [this matter]. Green mining, safe production, and environmental protection As the head of the first company to obtain “dual certifications” put it: “Now that our rights and interests are safeguarded, we’re even more determined to operate in compliance and contribute to both the local economy and ecological conservation.”

The thickness of mining rights appraisal reports has been increased: Henceforth, mining rights appraisal reports must include property certificates (for mining or exploration rights) and these certificates should be submitted prior to the mining rights license. This will lead to an increase in paper consumption within the appraisal industry, thereby boosting domestic paper production. The mining rights appraisal sector is contributing its part to the internal circulation within the country’s unified large market. (I’m really at a loss for what to write next now.) ).

I’d like to apologize for the several errors that appeared in my previously published article, as I didn’t have a clear enough understanding of many key points. Going forward, I’ll make sure to thoroughly grasp the relevant documents and policies before posting anything. I’m grateful to Teacher Liu Hefa for providing the documents and policy sources, and I’d also like to thank Yan Puqing, a lovely colleague from Yongye Xing, for her guidance on the errors in the article and for clarifying the meaning of real estate unit numbers. Finally, I’d like to extend my heartfelt thanks to all my colleagues in the mineral rights valuation industry for their support.