The Ministry of Natural Resources issued Order No. 13 to promulgate the Measures for the Management of Exploration and Mining Information of Mining Rights Holders

Decree of the Ministry of Natural Resources of the People's Republic of China

No. 13

The "Measures for the Management of Exploration and Mining Information of Mining Rights Holders" has been deliberated and adopted by the second ministerial meeting of the Ministry of Natural Resources on May 9, 2024, and is hereby promulgated to take effect on July 1, 2024.

Minister Wang Guanghua

May 16, 2024

Measures for the Management of Exploration and Mining Information of Mining Rights Holders

(Promulgated by Order No. 13 of the Ministry of Natural Resources of the People's Republic of China on May 16, 2024, deliberated and adopted by the 2nd Ministerial Meeting of the Ministry of Natural Resources on May 9, 2024, effective as of July 1, 2024)

Article 1 In order to standardize the supervision of mining rights holders during and after the exploration and mining activities, promote the integrity and self-discipline of mining rights holders, and create a fair competition market environment, these measures are formulated in accordance with the Mineral Resources Law of the People's Republic of China, the Regulations on Optimizing the Business Environment and other laws and regulations. Article 2 These measures shall apply to the activities of the mining right holder to fill in, publicize, verify and use the exploration and mining information. Article 3 The management of exploration and mining information of mining rights holders shall adhere to the principle of inclusiveness and prudence to protect the legitimate rights and interests of mining rights holders. Article 4 The Ministry of Natural Resources shall be responsible for the management of the exploration and mining information of the national mining rights holders, and shall organize the construction of the national exploration and mining information management system for the mining rights holders. The competent department of natural resources of the local people's government at or above the county level shall be responsible for the management of exploration and mining information of mining rights holders within their respective administrative areas. Article 5 The exploration and mining information of the mining rights holder shall be filled in by the mining rights holder and the competent department of natural resources of the people's government at or above the county level in accordance with the principle of "who produces, who fills in", and shall be publicized to the public in accordance with the provisions of these measures. Article 6 The following information shall be filled in by the prospecting right holder: (A) the name and address of the unit undertaking the exploration work; (B) the amount of annual exploration investment funds, prospecting projects, sample analysis and other major physical workload completed, and whether the preparation of exploration results report, etc.; (C) the exploration of minerals, exploration stage, and whether the co-associated minerals for comprehensive exploration and evaluation; (D) after the completion of the survey operation whether the remaining wells are sealed in a timely manner; (E) in accordance with the relevant provisions of the laws and regulations on the management of mineral resources and other relevant provisions of the payment of relevant fees; (F) the performance of the obligation to transfer geological data; (7) The performance of other prospecting obligations provided for by laws and regulations. Article 7 The following information shall be filled in by the mining right holder: (A) the status of the mine, the actual mining and utilization of minerals, and whether to prepare an annual report on mine reserves, submit a basic table of reserves statistics, comprehensive utilization of mineral resources, carry out mine ecological restoration and other basic information; (B) mining recovery rate, beneficiation recovery rate, comprehensive utilization rate, ore production, tailings, waste rock and associated minerals utilization; (C) in accordance with the relevant provisions of the laws and regulations on the management of mineral resources and other relevant provisions of the payment of relevant fees; (D) the performance of the obligation to transfer geological data; (5) The performance of other mining obligations provided for by laws and regulations. Article 8 The competent department of natural resources of the people's government at or above the county level shall be responsible for filling in the following information: (1) Registration information on the establishment, continuation, alteration (transfer), retention, and cancellation of mining rights; (B) mineral resources exploration implementation plan, development and utilization plan, mine geological environmental protection and land reclamation program review (filing) and stage acceptance information; (C) mineral resources reserves review and filing; (4) Information on the administrative punishment of the mining rights holder for violating the laws and regulations on the management of mineral resources; (5) Other information related to the exploration and mining status of the mining rights holder. Article 9 The mining right holder shall fill in the exploration and mining information of the previous year before March 31 of each year; However, the mining rights established in the previous year are not valid for less than six months as of the latest filing date. The competent department of natural resources of the people's government at or above the county level shall fill in the information within 30 days from the date on which the information on exploration and exploitation is generated. Article 10 The mining rights holder shall comply with the provisions of laws and administrative regulations on the protection of state secrets, commercial secrets, personal privacy, personal information and other laws and administrative regulations for filling in and publicizing exploration and mining information. Article 11 The competent department of natural resources of the people's government at or above the provincial level may, in accordance with the regulatory requirements of "double randomization and one disclosure", randomly select a certain proportion of exploration projects and mines, formulate a verification plan and organize the implementation of the verification of the publicity of exploration and mining information of the mining rights holder. Article 12 The competent department of natural resources of the people's government at or above the county level shall form a verification team to carry out the verification of the information disclosed by the mining rights holder. Where the inspectors have an interest in the subject of the verification, they shall recuse themselves in accordance with law. The competent departments of natural resources of people's governments at the county level or above may entrust professional institutions to carry out work related to on-site verification. Article 13 Where the competent department of natural resources of the people's government at or above the county level discovers that the mining right holder has not filled in the exploration and mining information in accordance with the provisions during the verification process, it shall notify it in writing and put forward a rectification request; If it is found that the mining rights holder violates the laws and regulations on the management of mineral resources, it shall be investigated for legal responsibility in accordance with the law. Article 14: The Ministry of Natural Resources is responsible for the designation of seriously untrustworthy entities and the management of abnormal directories of oil and gas mining rights in the sea areas that they have registered. The competent departments for natural resources of the people's governments of provinces, autonomous regions, and directly governed municipalities are responsible for the designation of seriously untrustworthy entities and management of abnormal directories of mining rights registered by the Ministry of Natural Resources within that administrative region. The competent departments for natural resources of municipal and county people's governments are responsible for the designation of seriously untrustworthy entities for their registered mining rights and for the management of abnormal directories. Article 15: Where mining rights holders violate laws and regulations on the management of mineral resources and other relevant provisions, and receive heavier administrative punishments in accordance with law, they shall be identified as seriously untrustworthy entities in accordance with the provisions of these Measures. "Heavier administrative punishments" as used in the preceding paragraph include: (1) Fines are imposed in accordance with the discretionary standards for administrative punishments and in accordance with the principle of heavier punishments; (2) Revoking exploration permits and mining licenses; (3) Receiving two or more administrative penalties for the same mining right within one year; (4) Other heavier administrative punishments provided for by laws and regulations. 16th article of article 15th of these measures in violation of the relevant provisions of the laws and regulations on the management of mineral resources, subject to heavier administrative penalties in accordance with the law, including: (A) fraud, bribery and other improper means to obtain exploration permits, mining licenses, in accordance with the relevant provisions of the Administrative Licensing Law subject to heavier administrative penalties; (B) beyond the registration period, the scope of exploration, mining of mineral resources, in accordance with the Mineral Resources Law and mineral resources management of the relevant administrative regulations subject to heavier administrative penalties; (3) Failure to implement the restoration of the mine geological environment and land reclamation in accordance with the regulations, or the restoration of the mine geological environment and land reclamation do not meet the requirements of the norms, in accordance with the "Land Management Law" and the relevant administrative regulations and departmental rules on land reclamation and mine geological environmental protection, and are subject to heavier administrative punishments; (D) not in accordance with the prescribed time limit to transfer geological data, forgery of geological data or in the transfer of geological data fraud, in accordance with the relevant provisions of the Regulations on the Administration of Geological Data received heavier administrative penalties; (E) failure to file and report the relevant situation in accordance with the provisions, or falsification of mineral resources reserves report, mine reserves annual report, fraud, in accordance with the provisions of the relevant administrative regulations on the management of mineral resources subject to heavier administrative penalties; (F) does not reach the rational development and utilization of mineral resources "three rates" minimum indicators; Failure to carry out comprehensive mining and comprehensive utilization in accordance with regulations, failure to take protective measures for mineral resources (including co-associated minerals) that cannot be utilized, or adoption of destructive mining methods to exploit mineral resources, resulting in loss and damage of mineral resources, and receiving heavier administrative penalties in accordance with the provisions of the Mineral Resources Law and relevant laws and administrative regulations; (G) failure to pay the relevant fees in accordance with the provisions of the provisions of the administrative regulations on the management of mineral resources in accordance with the provisions of the heavier administrative penalties; (H) not in accordance with the provisions of the exploration license, mining license cancellation registration procedures, in accordance with the provisions of the relevant administrative regulations on the management of mineral resources subject to heavier administrative penalties; (9) Other situations where laws and regulations provide shall be designated as seriously untrustworthy entities. Article 17: The decision of the competent department of natural resources of the people's government at the county level or above to designate the mining rights holder as a seriously untrustworthy entity shall be carried out in accordance with the following procedures: (1) Where upon verification it meets the criteria for designating a seriously untrustworthy entity, a written notice of the designation of a seriously untrustworthy entity shall be served on the parties, informing them of the facts, reasons, basis, and management measures to be designated as a seriously untrustworthy entity, as well as the parties' rights to make statements and defenses in accordance with law; (2) Within 10 working days of receiving the relevant notification documents, the parties have the right to submit written statements, defense opinions, and relevant supporting materials to the designation department; (3) Where the parties fail to make statements or defenses within the prescribed time, and where the facts, reasons, or evidence presented in the statements or defenses are not sustained, the competent departments for natural resources of people's governments at the county level or above shall draft a written decision to enter them into the list of seriously untrustworthy entities and send it to the parties. Article 18: The competent departments for natural resources of people's governments at the county level or above may implement the following management measures against mining rights holders designated as seriously untrustworthy entities: (1) They must not participate in the appraisal or selection activities organized by the competent departments for natural resources; (2) List them as key targets for regulation, and strictly supervise them in accordance with law; (3) The notification and commitment system is not applied in the administrative procedures for the management of natural resources; (4) Acting as an unfavorable factor when the mining rights holder applies for financial capital projects and participates in the competitive transfer of mining rights; (5) Other management measures provided for by laws and regulations. Article 19: The competent departments for natural resources of people's governments at the county level or above shall, within 10 working days of making a decision to designate seriously untrustworthy entities, disclose relevant information to the public through the national mining rights holders' exploration and mining information management system. Article 20: The period for implementing credit management measures against seriously untrustworthy entities is three years, starting from the date on which the mining rights holder is designated as a seriously untrustworthy entity. Article 21: Where mining rights holders actively carry out rectifications, correct untrustworthy conduct, eliminate negative impacts, or make credit pledges within three years from the date on which they are designated as seriously untrustworthy entities, they may submit an application for removal from the list of seriously untrustworthy entities to the authority designating them in advance. The competent department of natural resources shall make a decision on whether to accept the application within five working days of receiving it. The relevant departments in charge of natural resources shall conduct a verification of the application within 20 working days of receiving it, and make a decision on whether to remove it from the list of seriously untrustworthy entities. If the competent department of natural resources decides to remove the mine, it shall, within five working days from the date of making the decision to approve the removal, disclose it to the public through the national mining rights holder's exploration and mining information management system, and lift the relevant management measures. Article 22: In any of the following circumstances, removal from the list of seriously untrustworthy entities is not to be advanced in advance: (1) There is fraudulent conduct such as falsification or intentional concealment of facts in the course of applying for removal from the list of seriously untrustworthy entities; (2) In the course of applying to be removed from the list of seriously untrustworthy entities, they receive an administrative punishment for the same reason; (3) Other situations provided for by laws and regulations that are not to be removed from the list of seriously untrustworthy entities. Article 23: Where three years have elapsed since the date on which the mining rights holder is identified as a seriously untrustworthy entity, the designating authority shall promptly remove it from the list of seriously untrustworthy entities, stop the publicity, and lift the relevant management measures. Article 24 In any of the following circumstances, the mining rights holder shall be included in the abnormal directory and marked in the national mining rights holder's exploration and mining information management system: (1) Failure to fill in the public exploration and mining information in accordance with the prescribed time limit and requirements; (2) Filling in the exploration and mining information is untrue; (3) Receiving administrative punishments in accordance with law for violating laws and regulations on the management of mineral resources and other relevant provisions, but failing to meet the standards for designating seriously untrustworthy entities; (4) Other situations that shall be entered into the abnormal directory. Where a mining rights holder omits or incorrectly fills in the exploration and mining information in the national mining rights holders' exploration and mining information management system, but completes the rectification within the prescribed time limit, it may not be included in the abnormal list. Article 25 The competent departments of natural resources of the people's governments at or above the county level may implement the following management measures for mining rights holders included in the abnormal directory: (1) List them as key targets of supervision and strictly supervise them in accordance with law; (2) Give key reviews in areas such as the selection of excellence and awards; (3) Provide relevant information to relevant departments for inquiries, and may be used as a reference in relevant credit management efforts; (4) Other management measures provided for by laws and regulations. Article 26 The mining rights holder included in the abnormal list shall make rectification in a timely manner according to the annotation of the national mining rights holder's exploration and mining information management system, and report the completion of the rectification to the relevant competent department of natural resources. The competent department of natural resources of the people's government at or above the county level shall verify the rectification of the mining rights holder, and promptly cancel the marking in the system according to the completion of the rectification of the mining rights holder, and remove it from the abnormal list, so as to avoid adverse impact on the normal business activities of the mining rights holder. Article 27: The competent departments of natural resources of people's governments at the county level or above may employ incentive measures such as strengthening publicity, public encouragement, and providing facilitation services to mining rights holders with good trustworthiness. Article 28: The departments in charge of natural resources of people's governments at the county level or above shall strengthen the interconnection and sharing of information related to designations of seriously untrustworthy entities with the national credit information sharing platform and other departments, and carry out joint disciplinary action in accordance with laws, regulations, and other relevant provisions. Article 29 Where the staff of the competent department of natural resources of the people's government at or above the county level neglects their duties, abuses their powers, or twists the law for personal gain in the management of exploration and mining information of the mining rights holder, which constitutes a crime, they shall be investigated for criminal responsibility in accordance with law; where a crime is not constituted, sanctions are to be given in accordance with law. Article 30: These Measures take effect on July 1, 2024.

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