The Concept, Legal Basis, and Procedures for the Confirmation of Mining Rights Valuation
Release time:
2010-12-01
Source:
I. What is Mining Rights Assessment and Confirmation?
Mining rights assessment and confirmation refers to the process by which the mining rights assessment and confirmation authority, in accordance with applicable laws and regulations, reviews the qualifications and legality of the assessment report preparation agency and registered appraisers, the legality of the assessed object, the adequacy of the basis for selecting assessment parameters, the correctness of the chosen assessment methods, the legality and compliance of the assessment report itself, and whether the attachments to the assessment report meet the required standards. Upon passing this review, the confirmation authority issues a Certificate of Confirmation of Mining Rights Assessment Results.
II. Legal Basis for Mining Rights Assessment and Confirmation
According to the three regulations issued by the State Council on the management of mining rights, for mining rights formed through state-funded exploration, whether it involves an assignment assessment or a transfer assessment, the assessment results must be confirmed by the competent geological and mineral resources authority under the State Council. Therefore, the assessment result confirmation stage applies exclusively to mining rights formed through state-funded exploration; it is a mandatory procedure, and the assessment is commissioned by the rights holder.
III. Assessment Result Confirmation Authority
The three regulations issued by the State Council on the management of mining rights explicitly authorize the competent geological and mineral resources authority under the State Council as the authority responsible for confirming the assessment results of mining rights formed through state funding. In other words, the Ministry of Natural Resources serves as the assessment result confirmation authority.
According to the "Notice on Entrusting the Confirmation of Mining Rights Assessment Results" (Guotu Zi Fa [1999] No. 99), except for cases where the mining license is issued by the Ministry of Natural Resources, mining rights are listed on the stock market, or mining rights of large- and medium-scale operations are transferred through bidding, the confirmation of other mining rights assessments shall be entrusted to the mining rights registration and management authorities of provinces, autonomous regions, and municipalities directly under the central government. Finally, the Ministry of Natural Resources will assign numbers and affix seals to the certificates of mining rights assessment confirmation. Thus, mining rights assessment confirmation can take two forms: direct confirmation by the Ministry of Natural Resources and entrusted confirmation.
IV. Procedure for Confirming Mining Rights Assessment Results
1. Application
The party commissioning the assessment (in assignment assessments—the mining rights management authority; in transfer assessments—the mining rights holder) formally submits a written application for assessment result confirmation to the assessment result confirmation authority.
2. Acceptance
The assessment result confirmation authority, according to the "Interim Measures for the Management of Exploration and Mining Rights Assessments," verifies the submitted materials, reports, and attachments. If they meet the prescribed requirements, the application is accepted.
3. Review
The reviewer examines the qualifications of the assessment agency and assessors, the appropriateness of the selected assessment methods and key parameters, and the validity of the base date for the assessment. If the assessment meets the requirements, the reviewer prepares a review opinion for approval by the supervisor. If it does not meet the requirements, the reviewer requests the assessment agency and the commissioning party to revise the report, supplement materials, or provide additional explanations based on the review findings. After the report has been revised and supplemented, the reviewer conducts another review. If the report now meets the requirements, the reviewer prepares a review opinion and submits it for approval by the supervisor.
4. Approval and Signature
The relevant supervisors at the confirmation authority review and re-examine the assessment confirmation application, the assessment report, and the reviewer’s opinion before finally signing off on the decision.
5. Notification
Based on the signed-off decision, the confirmation authority issues either a Certificate of Confirmation of Assessment Results or a Notice of Non-Confirmation to the applicant.
Source: Zhejiang Mining Network