Chapter 1 General Provisions

Article 1 　This regulation is formulated to strengthen the management of geological exploration activities, maintain order in the geological exploration market, ensure the quality of geological exploration, and promote the development of the geological exploration industry.

Article 2 　Units engaged in geological exploration activities shall obtain a geological exploration qualification certificate in accordance with the provisions of this regulation.

Article 3 　The competent department of natural resources under the State Council and the competent departments of natural resources under the people's governments of provinces, autonomous regions, and municipalities directly under the central government shall, in accordance with the provisions of these Regulations, be responsible for the approval, issuance, and supervisory management of geological exploration qualifications.

The departments of natural resources under the municipal and county people's governments are responsible for the supervision and management of geological exploration qualifications within their administrative areas, in accordance with the provisions of this regulation.

Article 4 　Geological exploration qualifications are divided into comprehensive geological exploration qualifications and specialized geological exploration qualifications.

Comprehensive geological exploration qualifications include regional geological survey qualifications, marine geological survey qualifications, petroleum and natural gas mineral exploration qualifications, liquid mineral exploration qualifications (excluding petroleum), gaseous mineral exploration qualifications (excluding natural gas), coal and other solid mineral exploration qualifications, as well as hydrogeological, engineering geological, and environmental geological survey qualifications.

Professional geological exploration qualifications include geophysical exploration qualifications, geochemical exploration qualifications, airborne geological survey qualifications, remote sensing geological survey qualifications, geological drilling (and trenching) exploration qualifications, and geological laboratory testing qualifications.

Article 5 　The qualifications for regional geological surveys, marine geological surveys, exploration of oil and gas mineral resources, exploration of gaseous mineral resources (excluding natural gas), airborne geological surveys, remote-sensing geological surveys, and geological laboratory testing are divided into two levels: Grade A and Grade B. Other geological exploration qualifications are divided into three levels: Grade A, Grade B, and Grade C.

Article 6 　Any organization or individual has the right to report to the competent department of natural resources and land any act of conducting geological exploration activities in violation of the provisions of this regulation.

The competent department of natural resources that receives a report shall investigate and handle it in accordance with the law and shall maintain the confidentiality of the whistleblower.

Chapter 2: Application and Acceptance

Article 7 　Units applying for geological exploration qualifications shall meet the following basic requirements:

(1) Possess legal person status as an enterprise or public institution;

(2) Possess qualified exploration technicians who are appropriately qualified and matched to the category and level of geological exploration qualifications being applied for;

(3) Possess exploration equipment and instruments that are suitable for the category and level of geological exploration qualifications being applied for;

(4) Possess a quality management system and an occupational safety and production management system that are commensurate with the category and level of geological exploration qualifications being applied for.

The specific standards and conditions for different categories and levels of geological exploration qualifications shall be stipulated by the competent department of natural resources under the State Council.

Article 8 　The following geological exploration qualifications are approved and issued by the competent department of natural resources under the State Council:

(1) Marine geological survey qualification, petroleum and natural gas mineral exploration qualification, and airborne geological survey qualification;

(2) Other Class-A geological exploration qualifications.

Geological exploration qualifications not covered by the provisions of the first paragraph of this article shall be approved and issued by the departments in charge of land and resources under the people's governments of provinces, autonomous regions, and municipalities directly under the central government.

Article 9 　Units applying for geological exploration qualifications shall submit the following materials to the approving authority:

(1) Application for Geological Exploration Qualification;

(2) Documents proving legal person status;

(3) List of exploration and technical personnel, identity documents, qualification certificates, and appointment documents for the technical person in charge;

(4) List of surveying equipment and instruments, along with supporting documentation;

(5) Documents related to the quality management system and the safety production management system.

The applying entity shall be responsible for the authenticity of the application materials.

Article 10 　The acceptance of applications for geological exploration qualifications shall be handled in accordance with the relevant provisions of the Administrative Licensing Law of the People’s Republic of China.

Chapter 3: Review and Decision

Article 11 　The approving authority shall complete the review within 20 working days from the date of acceptance of the application for geological exploration qualifications.

If the application meets the eligibility requirements after review, the approving authority shall make the approval public for a period of no less than 10 working days. If no objections are raised by the end of the public notice period, the approval will be granted, and the geological exploration qualification certificate will be issued within 10 working days. In the event of objections, the applicant unit shall be notified within 10 working days to submit relevant explanatory materials.

If the application does not meet the requirements after review, the approving authority shall notify the applicant in writing and provide a detailed explanation of the reasons.

Article 12 　The approving authority shall promptly announce the issued geological exploration qualification certificates to the public and provide convenient access for public review.

Article 13 　The geological exploration qualification certificate primarily includes the following contents:

(1) Name of the entity, its registered address, and the legal representative;

(2) Categories and levels of geological exploration qualifications;

(3) Validity period;

(4) Issuing authority, date of issuance, and certificate number.

The format of the geological exploration qualification certificate is prescribed by the competent department of land and resources under the State Council.

Article 14 　If a geological exploration entity changes its name, registered address, or legal representative, it shall, within 20 working days from the date of the business registration change or institutional registration change, go to the original approving authority to complete the procedures for amending its geological exploration qualification certificate.

If a geological exploration entity changes the category or level of its geological exploration qualification certificate due to merger, division, or other reasons, it shall reapply for qualification in accordance with the provisions of this regulation.

Article 15 　If a geological exploration entity ceases to engage in geological exploration activities due to dissolution or other reasons, it shall, within 10 working days from the date of termination, go to the original approving authority to complete the cancellation procedures for its geological exploration qualification certificate. If the procedures are not completed within the prescribed period, the approving authority will cancel the certificate.

Article 16 　Units that have obtained Grade A geological exploration qualifications may engage in all geological exploration activities within this category.

Units that have obtained Class B and Class C geological exploration qualifications may engage in geological exploration activities within the scope prescribed by the competent department of natural resources under the State Council.

Article 17 　The geological exploration qualification certificate is valid for 5 years.

If a geological exploration unit continues to engage in geological exploration activities after the expiration of its geological exploration qualification certificate, it shall submit a renewal application to the original approving authority three months prior to the expiration date of the certificate.

The approving authority shall make a decision on whether to grant an extension before the expiration of the validity period of the geological exploration qualification certificate; if no decision is made within the prescribed time limit, it shall be deemed that the extension has been granted.

Chapter Four: Supervision and Management

Article 18 　The departments of natural resources under the people's governments at or above the county level shall strengthen supervision and inspection of geological exploration activities.

The departments of natural resources under the people's governments at or above the county level may conduct supervision and inspection, and may review or request geological exploration units to provide materials related to their geological exploration qualifications.

Geological exploration units shall provide relevant materials truthfully and shall not refuse or obstruct supervision and inspection.

Article 19 　When conducting supervision and inspection, inspectors shall present their credentials, maintain the confidentiality of technical and business secrets of the inspected entity, and keep records of the content of the supervision and inspection, any issues identified, and the measures taken. Such records shall be signed and confirmed by the inspectors and the relevant responsible persons of the inspected entity. If the relevant responsible persons of the inspected entity refuse to sign, the inspectors shall document the relevant circumstances accordingly.

Article 20 　The approving authority shall establish and improve a management system for the practice files of geological exploration units. These practice files shall record the geological exploration unit’s professional experience, work performance, professional integrity, inspection and evaluation results, social complaints, and any illegal activities.

Article 21 　If the approving authority discovers during supervision and inspection that a geological exploration unit no longer meets the qualification categories or corresponding qualification levels stipulated in its geological exploration qualification certificate, it shall order the unit to make rectifications within a specified time limit.

Article 22 　The approval authority shall revoke the geological exploration qualification certificate if any of the following circumstances exist:

(1) Staff members of the approval authority who abuse their power or neglect their duties in issuing geological exploration qualification certificates;

(2) Issuing geological exploration qualification certificates beyond the scope of statutory authority;

(3) Issuing geological exploration qualification certificates in violation of statutory procedures;

(4) Issuing geological exploration qualification certificates to applicant units that do not meet the conditions stipulated in these Regulations.

Article 23 　If a geological exploration unit loses its geological exploration qualification certificate, it shall publish a public notice nationwide for a period of no less than 30 days. Only after the expiration of the notice period may the unit apply to the original approving authority for reissuance of the certificate.

Article 24 　Geological exploration units shall not engage in geological exploration activities beyond the categories or levels of qualification specified in their geological exploration qualification certificates, nor shall they issue false geological exploration reports.

Geological exploration units shall not subcontract the geological exploration projects they have undertaken, nor shall they allow other entities to carry out geological exploration activities in the name of their own unit.

Geological exploration units shall not conduct mineral geological exploration activities for a client before the client has obtained a mineral resource exploration license and a mining license.

No organization or individual may forge, alter, or transfer geological exploration qualification certificates.

Chapter Five: Legal Liability

Article 25 　If the departments in charge of natural resources under the people's governments at or above the county level and their staff members violate the provisions of these Regulations and fall into any of the following circumstances, the directly responsible supervisors and other persons directly accountable shall be disciplined according to law; if the directly responsible supervisors and other persons directly accountable constitute a crime, they shall be prosecuted for criminal responsibility according to law:

(1) Issuing geological exploration qualification certificates to applicant units that do not meet the conditions stipulated in these Regulations, or issuing such certificates beyond the scope of statutory authority;

(2) Failing to issue a geological exploration qualification certificate to an applicant unit that meets the conditions stipulated in these Regulations, or failing to issue such a certificate within the statutory time limit;

(3) Failing to investigate and address acts that violate the provisions of these Regulations, or failing to handle reports in accordance with the law after receiving them;

(4) Engaging in other illegal activities during the approval, issuance, and supervisory management of geological exploration qualifications.

Article 26 　If a geological exploration entity conceals the true situation or provides false materials during the qualification application process, the approval authority shall not accept the application nor issue the geological exploration qualification certificate, and shall also issue a warning.

If a geological exploration entity obtains a geological exploration qualification certificate through improper means such as deception or bribery, the original approving authority shall revoke the certificate and impose a fine of between 20,000 and 100,000 yuan. If the act constitutes a crime, criminal liability shall be pursued in accordance with the law.

Article 27 　Anyone who engages in geological exploration activities without obtaining a geological exploration qualification certificate, or who continues such activities after the validity period of their geological exploration qualification certificate has expired without having completed the renewal procedures as prescribed in these Regulations, shall be ordered by the land and resources authority under the people's government at or above the county level to make corrections within a specified time limit and shall be fined between 50,000 yuan and 200,000 yuan. Any illegal gains shall be confiscated.

Article 28 　If a geological exploration entity changes its name, registered address, or legal representative but fails to carry out the procedures for amending its geological exploration qualification certificate as required by these Regulations, the original approving authority shall order it to make corrections within a specified time limit. If the entity fails to make the corrections within the prescribed time limit, its geological exploration qualification certificate shall be temporarily suspended or revoked.

Article 29 　If a geological exploration entity engages in any of the following behaviors, the land and resources authority under the people's government at or above the county level shall order it to make corrections within a specified time limit and impose a fine ranging from 50,000 yuan to 200,000 yuan. Any illegal gains shall be confiscated. If the entity fails to make corrections within the prescribed time limit, the original approving authority shall revoke its geological exploration qualification certificate:

(1) Engaging in geological exploration activities not in accordance with the qualification category or qualification level specified in the geological exploration qualification certificate;

(2) Issuing false geological exploration reports;

(3) Subcontracting the geological exploration projects it has undertaken;

(4) Permitting other entities to engage in geological exploration activities in the name of this entity;

(5) Conducting mineral geological exploration activities for the client before the client obtains a mineral resource exploration license and a mining license.

Article 30 　If a geological exploration unit fails to provide relevant materials truthfully when undergoing supervision and inspection, or refuses or obstructs such supervision and inspection, the competent department of natural resources under the people's government at or above the county level shall order it to make corrections within a specified time limit. If the unit fails to make corrections within the prescribed time limit, the original approving authority shall temporarily suspend or revoke its geological exploration qualification certificate.

Article 31 　The geological exploration unit shall be ordered to make rectifications within a specified time limit. If it fails to make the required rectifications within the deadline or, after making rectifications, still does not meet the corresponding qualification categories or levels stipulated in its geological exploration qualification certificate, the original approving authority shall temporarily suspend or revoke its geological exploration qualification certificate.

Article 32 　Anyone who forges, alters, or transfers geological exploration qualification certificates shall have such forged, altered, or transferred certificates confiscated by the land and resources authorities of the people's government at or above the county level, or revoked by the original approving authority. Such persons shall also be fined between 50,000 yuan and 200,000 yuan. Any illegal gains shall be confiscated. If the act constitutes a violation of public security administration, the public security organ shall impose administrative penalties in accordance with the law. If the act constitutes a crime, criminal liability shall be pursued according to law.

Article 33 　Any entity whose geological exploration qualification certificate has been revoked in accordance with the law for violating the provisions of this regulation shall not reapply for geological exploration qualifications within one year from the date of revocation.

Chapter VI Supplementary Provisions ???

Article 34 　Units that have already obtained geological exploration qualification certificates in accordance with the law prior to the implementation of these Regulations shall, 30 working days before the expiration of their original geological exploration qualification certificates, reapply for geological exploration qualifications in compliance with the provisions of these Regulations. Those who fail to complete the reapplication within the prescribed time limit shall not continue engaging in geological exploration activities.

Article 35 　The management of surveying and exploration qualifications for construction projects shall be carried out in accordance with the relevant provisions of the "Regulations on the Administration of Construction Project Surveying and Design."

Article 36 　This regulation shall come into force on July 1, 2008.