【Issuing Authority】Standing Committee of the Eighth National People's Congress
[Document Number] Presidential Order No. 74 of the People's Republic of China
【Promulgation Date】1996-08-29
【Effective Date】1997-01-01
 

The “Decision of the Standing Committee of the National People’s Congress on Amending the Mineral Resources Law of the People’s Republic of China” was adopted at the 21st Session of the Standing Committee of the Eighth National People’s Congress of the People’s Republic of China on August 29, 1996. It is hereby promulgated and shall take effect as of January 1, 1997.
　　　　　　　　　　　　　　　 President of the People's Republic of China, Jiang Zemin
　　　　　　　　　　　　　　　　　　　　　　　 August 29, 1996
 

(Adopted at the 15th Meeting of the Standing Committee of the Sixth National People's Congress on March 19, 1986; amended 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)

Article 1 In order to develop the mining industry, strengthen the exploration, exploitation, utilization, and protection of mineral resources, and ensure the current and long-term needs of socialist modernization, this Law is specially enacted in accordance with the Constitution of the People’s Republic of China.
Article 2 Any exploration or mining of mineral resources within the territory and jurisdictional waters of the People's Republic of China must comply with this Law.
Article 3 Mineral resources are owned by the state, and the State Council exercises the state’s ownership rights over these resources. The state’s ownership of mineral resources—whether on or beneath the surface—remains unchanged regardless of whether the land to which they are attached is owned or used by others.
The state guarantees the rational exploration and utilization of mineral resources. Any organization or individual is prohibited from encroaching upon or damaging mineral resources by any means. People's governments at all levels must strengthen efforts to protect mineral resources.
The exploration and mining of mineral resources must, in accordance with the law, involve separate applications and approval to obtain prospecting rights and mining rights, as well as registration procedures. However, this does not apply to exploration activities conducted by mining enterprises that have already obtained mining rights in accordance with the law within the designated mining areas for the purpose of their own production. The State protects prospecting rights and mining rights from infringement and ensures that the production and working order in mining areas and exploration zones remain undisturbed and unharmed.
Those engaged in the exploration and mining of mineral resources must meet the prescribed qualification requirements.
Article 4 The state safeguards the legitimate rights and interests of mining enterprises established in accordance with the law to exploit mineral resources.
State-owned mining enterprises are the main entities engaged in the exploitation of mineral resources. The state ensures the consolidation and development of the state-owned mining economy.
Article 5 The State implements a system under which exploration rights and mining rights are obtained against payment. However, the State may, depending on specific circumstances, provide for reductions or exemptions in the fees payable for obtaining such rights. The specific measures and implementation procedures shall be stipulated by the State Council.
To exploit mineral resources, it is mandatory to pay the resource tax and resource compensation fee in accordance with relevant national regulations.
Article 6 Except as otherwise provided below, exploration rights and mining rights may not be transferred:
(1) The holder of a prospecting right has the right to carry out prescribed exploration activities within the designated exploration area and enjoys priority in obtaining mining rights for mineral resources located within that exploration area. After fulfilling the prescribed minimum exploration investment and obtaining legal approval, the holder of a prospecting right may transfer its prospecting right to another party.
(2) Mining enterprises that have already obtained mining rights may, upon lawful approval, transfer their mining rights to others if the need arises due to corporate mergers or divisions, joint ventures or cooperative operations with other entities, sale of enterprise assets, or other circumstances involving changes in ownership of enterprise assets.
The specific measures and implementation steps stipulated in the preceding paragraph shall be prescribed by the State Council.
Selling or reselling prospecting rights and mining rights for profit is prohibited.
Article 7 The state adopts the guiding principles of unified planning, rational layout, comprehensive exploration, efficient extraction, and integrated utilization for the exploration and development of mineral resources.
Article 8 The state encourages scientific and technological research in the exploration and development of mineral resources, promotes advanced technologies, and elevates the scientific and technological standards of mineral resource exploration and development.
Article 9 Units and individuals that have achieved remarkable results in the exploration, development, protection of mineral resources, and scientific and technological research shall be rewarded by people's governments at all levels.
Article 10 When the state develops mineral resources in areas with ethnic autonomy, it shall take into account the interests of these areas, make arrangements that are conducive to their economic development, and address the production and living needs of the local minority ethnic groups.
The self-governing organs of ethnic autonomous regions shall, in accordance with legal provisions and the state’s unified planning, give priority to the rational and efficient development and utilization of mineral resources that can be developed locally.
Article 11 The department in charge of geology and mineral resources under the State Council is responsible for the supervision and management of mineral resource exploration and mining nationwide. Relevant departments under the State Council shall assist the department in charge of geology and mineral resources under the State Council in carrying out the supervision and management of mineral resource exploration and mining.
The departments in charge of geology and mineral resources under the people's governments of provinces, autonomous regions, and municipalities directly under the central government are responsible for the supervision and management of mineral resource exploration and mining within their respective administrative areas. The relevant departments under the people's governments of provinces, autonomous regions, and municipalities directly under the central government shall assist their counterparts in the departments of geology and mineral resources in carrying out the supervision and management of mineral resource exploration and mining.

Article 12 The State implements a unified block registration and management system for the exploration of mineral resources. The registration of mineral resource exploration is overseen by the competent department of geology and mineral resources under the State Council; for specific types of minerals, the registration of mineral resource exploration may be entrusted by the State Council to the relevant competent authorities. The administrative measures for the registration of mineral resource exploration blocks shall be formulated by the State Council.
Article 13 The mineral reserve approval authority under the State Council or the mineral reserve approval authorities of provinces, autonomous regions, and municipalities directly under the central government are responsible for reviewing and approving exploration reports submitted for use in mine construction design, and shall issue a reply to the submitting entity within the prescribed time limit. Exploration reports that have not been approved may not be used as the basis for mine construction design.
Article 14 Archival materials on mineral resource exploration results and statistical data on various types of mineral reserves shall be subject to a unified management system and submitted or reported in accordance with the regulations of the State Council.
Article 15 To establish a mining enterprise, it must meet the qualification requirements stipulated by the state and, in accordance with laws and relevant state regulations, undergo review by the approving authority regarding the mine area scope, mine design or mining plan, production technology conditions, safety measures, and environmental protection measures. Only after passing the review can the enterprise be approved.
Article 16 The following mineral resources, when mined, shall be approved and licensed by the competent department of geology and mineral resources under the State Council:
(1) Mineral resources within nationally planned mining areas and mining areas of significant importance to the national economy;
(2) Mineral resources with reserves large enough to qualify as large-scale, located outside the areas specified in the preceding paragraph;
(3) Specific mineral species for which the state has stipulated protective mining practices;
(4) Mineral resources in the territorial sea and other maritime areas under China’s jurisdiction;
(5) Other mineral resources prescribed by the State Council.
For the exploitation of specific mineral resources such as oil, natural gas, and radioactive minerals, approval may be granted and mining licenses issued by the competent authorities authorized by the State Council.
For the exploitation of mineral resources other than those specified in the first and second paragraphs, if the reserves of the exploitable minerals are of medium size, the mining license shall be approved and issued by the competent department of geology and mineral resources under the people's governments of provinces, autonomous regions, and municipalities directly under the central government.
The administrative measures for the exploitation of mineral resources other than those specified in the first, second, and third paragraphs shall be formulated by the Standing Committees of the People's Congresses of provinces, autonomous regions, and municipalities directly under the central government in accordance with the law.
In accordance with the provisions of Paragraphs 3 and 4, the geological and mineral resource authorities of the people's governments of provinces, autonomous regions, and municipalities directly under the central government shall compile and submit a record to the geological and mineral resource authorities of the State Council.
The criteria for classifying mineral reserves as large-scale or medium-scale shall be stipulated by the mineral reserve approval authority under the State Council.
Article 17 The state shall implement planned exploitation of nationally designated mining areas, mining areas of significant importance to the national economy, and specific mineral types subject to protective mining as prescribed by the state. No entity or individual may engage in mining without prior approval from the competent authority under the State Council.
Article 18 After the boundaries of nationally planned mining areas, the boundaries of mining areas of significant importance to the national economy, and the boundaries of mining enterprise areas have been legally delineated, the competent authority that delineated the mining area boundaries shall notify the relevant county-level people's governments to issue a public announcement.
If a mining enterprise changes the scope of its mining area, it must obtain approval from the original approving authority and request the original authority that issued the mining permit to reissue the permit.
Article 19 Local governments at all levels shall take measures to maintain normal order within the mining areas of state-owned mining enterprises and other mining enterprises located in their administrative regions.
No entity or individual shall enter the mining areas of state-owned mining enterprises and other mining enterprises established in accordance with the law to carry out mining activities.
Article 20 Mineral resources may not be mined in the following areas without the consent of the competent authorities authorized by the State Council:
(1) Within the designated areas of ports, airports, and national defense infrastructure facilities;
(2) Within a certain distance of major industrial zones, large-scale water conservancy facilities, and municipal engineering facilities in towns and cities;
(3) Within a certain distance on either side of railways and major highways;
(4) Within a certain distance on either side of major rivers and embankments;
(5) Nature reserves designated by the state, important scenic areas, and sites of nationally protected immovable historical relics and cultural monuments;
(6) Other areas where mining of mineral resources is prohibited by national regulations.
Article 21 To close a mine, it is mandatory to submit a mine closure report along with relevant documentation on mining operations, potential safety hazards, land reclamation and utilization, and environmental protection measures, and to submit this documentation for review and approval in accordance with national regulations.
Article 22 When exploring and mining mineral resources, if rare geological phenomena and cultural relics of significant scientific and cultural value are discovered, they shall be protected and promptly reported to the relevant authorities.

Article 23 Regional geological surveys are conducted according to the national unified plan. The reports and maps of regional geological surveys shall be accepted in accordance with national regulations and made available for use by the relevant authorities.
Article 24 While completing the survey tasks for major mineral species, the mineral resource survey should also conduct a preliminary comprehensive assessment of the ore-forming geological conditions and industrial prospects of mineral deposits within the study area, including coexisting or associated minerals.
Article 25 Mineral deposit exploration must include a comprehensive evaluation of coexisting and associated minerals with industrial value within the mining area, and their reserves must be calculated. Exploration reports that have not undergone such a comprehensive evaluation will not be approved—unless otherwise specified by the planning authority under the State Council for specific mineral deposit exploration projects.
Article 26 For the general survey and exploration of special non-metallic minerals, fluid minerals, flammable, explosive, and soluble minerals, as well as minerals containing radioactive elements that are prone to damage, it is mandatory to employ survey and exploration methods prescribed by the competent authorities under the people's governments at or above the provincial level, and to have the necessary technical equipment and safety measures in place.
Article 27 The original geological records and maps of mineral resource exploration, core samples of rocks and minerals, test samples and other physical specimens, as well as various exploration indicators, shall be protected and preserved in accordance with relevant regulations.
Article 28 Mine deposit exploration reports and other valuable exploration data shall be made available for paid use in accordance with the regulations of the State Council.

Article 29 When mining mineral resources, it is essential to adopt reasonable mining sequences, mining methods, and ore-processing technologies. The recovery rate, mining dilution rate, and ore-processing recovery rate of mining enterprises shall meet the design requirements.
Article 30 While mining the primary minerals, coexisting and associated minerals of industrial value should be uniformly planned, comprehensively mined, and utilized in an integrated manner to prevent waste. For minerals that cannot yet be comprehensively mined or that must be extracted simultaneously but cannot yet be fully utilized, as well as tailings containing valuable components, effective protective measures shall be adopted to prevent loss and damage.
Article 31 The exploitation of mineral resources must comply with the state’s regulations on occupational safety and health and possess the necessary conditions to ensure safe production.
Article 32 The exploitation of mineral resources must comply with legal provisions on environmental protection to prevent environmental pollution.
When mining mineral resources, land use should be conserved. If cultivated land, grasslands, or forest lands are damaged due to mining, mining enterprises shall, according to local conditions, adopt measures such as land reclamation and reuse, tree planting and grass seeding, or other appropriate utilization methods.
If the exploitation of mineral resources causes losses to others’ production or daily life, the responsible party shall be liable for compensation and shall take necessary remedial measures.
Article 33 Before constructing railways, factories, reservoirs, oil pipelines, power transmission lines, or various large-scale buildings or complexes, the construction entity must obtain information from the geological and mineral resources authorities of the province, autonomous region, or municipality where the project is located regarding the distribution and mining status of mineral resources in the proposed construction area. No important mineral deposits may be overlaid without approval from a department authorized by the State Council.
Article 34 The State Council stipulates that mineral products designated for unified purchase by specific entities may not be purchased by any other entities or individuals; and miners are prohibited from selling such products to entities not designated.

Article 35 The state adopts a policy of actively supporting, rationally planning, properly guiding, and strengthening management of collectively-owned mining enterprises and individual miners. It encourages collectively-owned mining enterprises to exploit mineral resources within areas designated by the state, and permits individuals to mine sporadic and scattered resources as well as sand, stone, and clay that are suitable only for use as ordinary construction materials, and to extract small quantities of minerals for personal domestic use.
Mineral resources whose reserve scale is suitable for mining by mining enterprises, specific mineral types designated by the state for protective mining, and other mineral resources prohibited from individual mining by the state may not be mined by individuals.
The state guides and assists collectively-owned mining enterprises and individual miners in continuously improving their technological levels, resource utilization rates, and economic benefits.
The departments in charge of geology and mineral resources, geological institutions, and state-owned mining enterprises shall, in accordance with the principles of active support and mutually beneficial compensation, provide geological data and technical services to collectively-owned mining enterprises and individual miners.
Article 36 Collective mining enterprises already operating within the mining areas of mining enterprises approved by the State Council and its relevant competent authorities shall be shut down or relocated to designated alternative sites for mining. The mining construction units shall provide reasonable compensation and ensure proper resettlement of the local communities. Alternatively, these enterprises may, in accordance with the overall planning and arrangements of the mining enterprise, engage in joint operations.
Article 37 Collective mining enterprises and individual miners should enhance their technological capabilities and improve the recovery rate of mineral resources. Random and excessive mining that damages mineral resources is strictly prohibited.
Collective mining enterprises must prepare maps that correlate surface and underground mine operations.
Article 38 The people's governments at or above the county level shall guide and assist collectively-owned mining enterprises and individual miners in carrying out technological upgrades, improving operational management, and strengthening safety production.

Article 39 Any person who violates the provisions of this Law by mining without obtaining a mining permit, entering without authorization into areas designated as national planned mining zones or mining areas of significant value to the national economy, or mining specific mineral species subject to protective mining regulations as stipulated by the state shall be ordered to cease mining, compensate for any losses incurred, and have the mined mineral products and illegal gains confiscated; in addition, a fine may be imposed. If the person refuses to cease mining and thereby causes damage to mineral resources, the directly responsible personnel shall be held criminally liable in accordance with Article 156 of the Criminal Law.
Units and individuals that enter the mining areas of state-owned mines and other mines established in accordance with the law to carry out mining activities shall be penalized in accordance with the provisions of the preceding paragraph.
Article 40 For mining activities that exceed the approved mining area, the violator shall be ordered to resume mining within the approved area, compensate for any losses incurred, and have the illegally mined mineral products and unlawful gains confiscated; a fine may also be imposed. If the violator refuses to resume mining within the approved area and thereby causes damage to mineral resources, the mining license shall be revoked, and the directly responsible personnel shall be held criminally liable in accordance with Article 156 of the Criminal Law.
Article 41 Those who steal or rob mineral products and other property from mining enterprises and exploration units, or who damage mining and exploration facilities, or who disrupt the production and work order in mining areas and exploration zones shall be held criminally liable in accordance with relevant provisions of the Criminal Law. For cases involving particularly minor circumstances, penalties shall be imposed in accordance with the relevant provisions of the Regulations on Administrative Penalties for Public Security.
Article 42 Anyone who buys, sells, leases, or transfers mineral resources in any other form shall have their illegal gains confiscated and be fined.
Anyone who violates the provisions of Article 6 of this Law by reselling exploration rights and mining rights for profit shall have their exploration permits and mining permits revoked, their illegal gains confiscated, and be fined.
Article 43 Anyone who violates the provisions of this law by acquiring or selling mineral products subject to unified state acquisition shall have their mineral products and illegal gains confiscated and may also be fined. In cases of serious violations, criminal liability shall be pursued in accordance with Articles 117 and 118 of the Criminal Law.
Article 44 Anyone who violates the provisions of this Law by adopting destructive mining methods to exploit mineral resources shall be fined and may have their mining license revoked. If such actions result in severe damage to mineral resources, the directly responsible personnel shall be held criminally liable in accordance with Article 156 of the Criminal Law.
Article 45 The administrative penalties prescribed in Articles 39, 40, and 42 of this Law shall be determined by the departments responsible for geological and mineral resource management under the people's governments at or above the county level, within the powers specified by the competent authority for geological and mineral resources under the State Council. The administrative penalties prescribed in Article 43 shall be determined by the administration for industry and commerce under the people's governments at or above the county level. The administrative penalties prescribed in Article 44 shall be determined by the competent authorities for geological and mineral resources under the people's governments of provinces, autonomous regions, and municipalities directly under the central government. Any penalty involving the revocation of an exploration license or a mining license must be decided by the original licensing authority.
If, in accordance with the provisions of Articles 39, 40, 42, and 44, an administrative penalty should be imposed but is not imposed, the competent geological and mineral resources authority of the higher-level people's government has the right to order rectification or directly impose the administrative penalty.
Article 46 If a party disagrees with an administrative penalty decision, it may, in accordance with the law, apply for reconsideration or directly file a lawsuit with the People’s Court.
If the party concerned fails to file a request for reconsideration within the prescribed time limit, fails to bring a lawsuit in the people’s court, and also fails to comply with the penalty decision, the authority that issued the penalty decision shall apply to the people’s court for compulsory enforcement.
Article 47 State officials and other relevant state personnel who are responsible for the supervision and management of mineral resource exploration and mining, and who engage in malpractice, abuse their powers, or neglect their duties—thereby violating the provisions of this Law by approving the exploration and mining of mineral resources and issuing exploration licenses or mining licenses, or failing to take lawful measures to stop or punish illegal mining activities—shall be held criminally liable in accordance with the law if their actions constitute a crime; if their actions do not constitute a crime, they shall be subject to administrative disciplinary action. Exploration licenses and mining licenses issued in violation of the law may be revoked by the competent geological and mineral resources authority under the higher-level people's government.
Article 48 Anyone who obstructs, by means of violence or threats, state officials engaged in the supervision and management of mineral resource exploration and mining from performing their duties in accordance with the law shall be held criminally liable pursuant to Article 157 of the Criminal Law. If a person refuses or obstructs state officials engaged in the supervision and management of mineral resource exploration and mining from performing their duties in accordance with the law without resorting to violence or threats, the public security authorities shall impose penalties in accordance with the provisions of the Regulations on Administrative Penalties for Public Security.
Article 49 Disputes over the boundaries of mining areas among mining enterprises shall be resolved through negotiation between the parties involved. If no agreement can be reached through negotiation, the relevant local people's government at or above the county level shall handle the matter based on the mining area boundaries legally approved. For disputes over mining area boundaries spanning across provinces, autonomous regions, or municipalities directly under the central government, the governments of the relevant provinces, autonomous regions, or municipalities shall attempt to resolve the dispute through consultation. If no agreement is reached through such consultation, the State Council shall take charge of resolving the dispute.

Article 50 For foreign-invested exploration and exploitation of mineral resources, if there are other provisions in laws or administrative regulations, such provisions shall prevail.
Article 51 Before the implementation of this Law, any person who has commenced mining mineral resources without having completed the approval procedures, delineated the mining area, or obtained a mining permit shall, in accordance with the relevant provisions of this Law, apply to retroactively complete the required procedures.
Article 52 The implementation rules of this Law shall be formulated by the State Council.
Article 53 This law shall take effect as of October 1, 1986.

Attachment: Relevant Provisions of the Criminal Law
Article 117 Those who violate regulations governing finance, foreign exchange, gold and silver, and industrial and commercial administration, engage in speculative trading, and commit serious offenses shall be sentenced to a fixed-term imprisonment of no more than three years or detention, and may also be fined individually or jointly with other penalties, or have their property confiscated.
Article 118 Those whose primary occupation is smuggling and speculation, and who engage in large-scale smuggling or speculation, or the ringleaders of smuggling and speculation groups, shall be sentenced to fixed-term imprisonment of no less than three years and no more than ten years, and may also be subject to confiscation of property.
Article 156 Intentionally damaging public or private property, if the circumstances are serious, shall be punishable by imprisonment of up to three years, detention, or a fine.
Article 157 Whoever obstructs state officials from performing their duties in accordance with the law by means of violence or threats, or who refuses to comply with judgments or rulings that have already become legally effective by the people's court, shall be sentenced to a fixed-term imprisonment of no more than three years, detention, a fine, or deprivation of political rights.
Article 158 No one shall, by any means, disrupt social order. If the disruption of social order is serious enough to paralyze work, production, business operations, as well as teaching and scientific research, causing severe losses to the state and society, the ringleaders shall be sentenced to a fixed-term imprisonment of up to five years, detention, probation, or deprivation of political rights.