법률 정보

Have you ever encountered this situation: the prospecting rights that you paid a lot of money to win were suddenly told that they “cannot be transferred to mining”; the transfer contracts that you signed were abandoned because of “planning issues”; or even the mines that you worked so hard to develop were stopped because of non-compliance with the land use... This is not alarmist.

Starting from June 15, 2026, a number of old regulations that have been in use for more than ten years will be officially abolished, and the new "광물자원법 시행 규정》Commencement of implementation. If you are still making decisions based on past "experience", you are likely to step into one minefield after another.

What do many mining bosses fear most? It’s not that the mine cannot be dug out, but that the money is invested but the rights cannot be obtained; or the rights are obtained but there is another problem with the land.

In the past, "racing for land" and "enclosing without exploring" were the unspoken rules of the industry. I hold a few mineral rights in my hands and slowly consume them, waiting for the value to increase. It doesn’t work now – the new law clearly opens the tax”Mining rights occupation fee”, and the fees are dynamically adjusted. Are you occupying it and not working? Sorry, the money you pay every year may make you feel so painful that you give up on your own initiative.

Even more ruthless is the transfer of agreement. In the past, by looking for connections and negotiating an agreement, the mining rights might be obtained. Article 8 of the "Regulations" now clearly stipulates that only four special circumstances can be transferred by agreement, and all others are subject to auction and auction. Want to take a shortcut? There are no doors.

What is most easily overlooked is actually theMining rights transferThe "5-year lock-in period" - mineral rights obtained by agreement cannot be transferred if held for less than 5 years. In order to cash out quickly, many people engage in equity transfers and changes in actual controllers, thinking they can get around it. Article 19 of the new law directly blocks the change: if the actual controller changes due to equity transfer, it must be reported to the original transfer department. Not reporting? The transfer is invalid and the mineral rights may even be withdrawn.

Don't panic, the new law not only provides "tightening spells", but also "talismans". The key is whether you know how to use it.

First, if there is a problem with the contract, you can take the initiative to terminate the contract and claim compensation.

Article 13 of the "Regulations" makes it clear: If your mineral rights cannot be explored or mined due to errors in the transfer department's verification, you have the right to terminate the contract, and the transferor must not only refund the money, but also compensate you for property losses. In the past, this kind of wrangling went on for several years with no results, but now administrative regulations will support you.

Second, public interest requires special attention.

In the past, when administrative agencies wanted to take back mining rights, they might be able to take back mining rights by saying "public interest". Article 15 now clearly defines public interests as “protecting the security of national mineral resources, etc.” Beyond this range? Sorry, can't accept it. Even if it is collected, it must be "fair and reasonable compensation." This gives enterprises a clear basis for negotiations with administrative agencies.

The third and biggest benefit is that mining land has finally “broken the ice”.

How many mines have been stuck in the past on "the mine is legal but the location is illegal"? Article 36 of the "Regulations" clarifies: State-owned land can be used in accordance with the law through transfer, lease, price contribution, etc. The right to use collective commercial construction land can even be directly obtained, and can be transferred through agreement. This means you no longer have to use land in secret, and you don’t have to be stuck by the hard and fast rule that “you must use state-owned land.”

The practical advice that lawyer Ying Ting gives you is:

Before June 15, sort out your existing mining rights contracts, transfer agreements, and land use procedures immediately. Especially if the equity transfer has not been reported or the agreement has been transferred less than 5 years ago and you want to transfer, you should quickly complete the procedures.

Don't think that it will be done automatically. Article 18 lists four exceptions (such as reserves not meeting standards, public interest needs, etc.), which should be checked in advance.

The maximum period of temporary land use shall not exceed 5 years, and must be reclaimed while being mined. Don't think about approving it for ten or eight years at once. The current policy is "approval in phases and dynamic supervision."

The last word of advice: The new rules will be implemented on June 15th. Whoever understands the rules first and uses them correctly will survive the next round of shuffle.

The following is the full text of the "Regulations on the Implementation of the Mineral Resources Law", which will be implemented on June 15, 2026.

중화인민공화국 광물자원법 시행조례

Chapter 1 General Provisions

Article 1These Regulations are formulated in accordance with the Mineral Resources Law of the People's Republic of China (hereinafter referred to as the Mineral Resources Law).

제2조The state promotes the rational development and utilization of mineral resources, strengthens the protection of mineral resources and ecological environment, promotes high-quality development of the mining industry, and ensures the security of mineral resources.

제3조The determination and adjustment of the mineral resources catalog shall be proposed by the natural resources department of the State Council in conjunction with the development and reform department of the State Council, and shall be published after approval by the State Council.

광물자원 카탈로그에는 광물자원 유형 및 분류가 포함되어 있습니다.

제4조국가는 기초지질조사사업에 대한 투자를 늘리고 기초지질조사팀의 건설을 강화하며 사회세력이 법에 따라 질서있게 기초지질조사에 참여하도록 장려하며 기초지질조사사업의 질과 효율성을 제고한다.

제5조The state improves policies and measures in finance, finance, land, ecological environment, industry, import and export, etc., improves the overall chain coordination and connection system for the exploration, supply, storage and marketing of strategic mineral resources, increases support for the exploration, mining, processing, trade, reserves, etc. of strategic mineral resources, promotes the optimization and upgrading of the strategic mineral resource industry, and improves the security level of mineral resources.

The determination and adjustment of the catalog of strategic mineral resources shall be studied and proposed by the natural resources department of the State Council in conjunction with relevant departments of the State Council, and shall be implemented after approval by the State Council. To determine and adjust the catalog of strategic mineral resources, the following factors should be taken into overall consideration and the relevant mineral resources should be evaluated:

(1) 국가 경제 및 사회 발전과 국가 안보에 대한 중요성;

(2) 국내 자원 보유, 부족 및 외국 의존도;

(3) 관련 산업 및 공급망의 탄력성과 안전 수준;

(4) Other factors that need to be considered.

For specific strategic mineral resources determined by the State Council, protective mining measures such as planning control, total volume regulation, and restriction of mining entities shall be implemented in accordance with laws, administrative regulations, and relevant national regulations.

제6조광물자원법 제9조에 따라 작성·승인된 광물자원 관련 계획은 법에 따라 공표한다. Activities such as geological surveys, mineral resource exploration, mining, protection, and ecological restoration of mining areas should be carried out in compliance with relevant plans for mineral resources.

The natural resources department of the people's government at or above the county level may, based on actual needs, work with relevant departments to prepare relevant plans for the exploration, mining, protection and ecological restoration of mineral resources in specific fields and regions or specific mineral types, and the relevant information should be included in the land spatial planning implementation supervision information system.

제7조The country adheres to the principles of equality, mutual benefit, and win-win cooperation, actively promotes international investment, trade, technology and other cooperation in the field of mineral resources through various channels and methods, and maintains the security and stability of the industrial and supply chains.

When developing and utilizing overseas mineral resources, we must safeguard national interests and social public interests, abide by Chinese laws and regulations as well as relevant laws of the country or region where we are located, abide by contracts, respect local customs and cultural traditions, pay attention to ecological environment protection and safe production, strengthen safety risk prevention, go through relevant procedures in accordance with regulations, and accept the management and supervision of relevant Chinese departments and diplomatic missions abroad in accordance with the law.

제2장 채굴권

제8조채굴권은 입찰, 경매, 상장 등 경쟁적인 방법을 통해 양도되어야 합니다. for strategic mineral resources with a high degree of shortage and medium-sized resource reserves or above, or exploration blocks with special requirements for exploration and mining technology and ecological environment protection, priority is given to the transfer of exploration rights through bidding.

다음 상황 중 어느 하나에 해당하는 경우, 채굴권은 합의를 통해 양도될 수 있습니다.

(1) In accordance with laws, administrative regulations or provisions of the State Council, relevant mineral resources need to be explored and mined by specific entities;

(2) In order to ensure the safety of mine production or the reasonable establishment of mining rights, etc., it is necessary to continue to exploit mineral resources in the deep and upper parts of the registered mining area or to further exploit scattered mineral resources around it;

(3) The same mining right holder cannot independently set up a separate area for exploration and mining of mineral resources between the adjacent exploration and mining areas registered by it;

(4) 법률, 행정법규, 국무원이 규정한 기타 상황.

국가 광물자원의 안전을 보장하기 위해 전략적 광물자원을 긴급하게 개발할 필요가 있는 경우 국무원의 동의를 거쳐 성급 이상 인민정부 천연자원부서가 직접 채굴권을 부여할 수 있다.

제9조The natural resources department of the people's government at or above the county level shall organize the transfer of mining rights in accordance with the prescribed authority.

다음의 광물자원은 국무원 천연자원부서 또는 그 위임을 받은 성, 자치구, 직할시 인민정부 천연자원부서가 양도한다.

(1) 전략적 광물자원;

(2) 성, 자치구, 직할시 전역의 광물자원

(3) 중국 영해 및 중국 관할권의 기타 해역에 있는 광물자원.

The authority to transfer mining rights for mineral resources other than those specified in the preceding paragraph shall be stipulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.

The transfer of exploration rights and mining rights for the same mineral type shall be managed at the same level. If the transfer of mining rights involves multiple mineral types, the transfer authority shall be determined according to the main mineral type; if it is difficult to determine the main mineral type, the transfer authority shall be determined according to the mineral type with the highest transfer authority.

제10조The natural resources authorities of the people's governments at or above the county level shall strengthen the overall arrangements for the transfer of mining rights based on relevant plans for mineral resources and the supply and demand situation of mineral resources, and arrange for the transfer in a timely manner for those that meet the transfer conditions.

Before the transfer of mining rights, the natural resources department that transfers the mining rights (hereinafter referred to as the mining rights transfer department) shall conduct verification to ensure that the exploration and mining area to be transferred meets the requirements of territorial spatial planning and control.

탐사권 이전의 기본 단위는 경도와 위도로 나누어진 블록이다.

Except under certain circumstances, the scope of newly established mining rights shall not overlap with the vertical projection range of existing mining rights, and no more than two mining rights may be established for the same ore body that can be developed intensively.

제11조Units and individuals that provide sources of blocks for which exploration rights can be established to the natural resources authorities of the people's governments at or above the county level shall be given appropriate rewards or compensation in accordance with relevant national regulations; those who participate in the competitive transfer of exploration rights for the block shall be given priority in obtaining exploration rights under the same conditions.

제12조광업권이 경쟁적 방법으로 양도되는 경우, 광업권 양도 부서는 포털 웹사이트, 공공 자원 거래 플랫폼 등에 제안된 광업권 양도, 양도 방법, 경쟁 규칙, 예금 징수, 위험 경고, 양수인의 기술 능력 및 기타 조건과 권리 및 의무 및 기타 사항에 대한 기본 정보를 미리 공표해야 합니다. The announcement period shall be no less than 30 working days.

The natural resources administrative department of the State Council, local people's governments at or above the county level and their natural resource administrative departments shall create and maintain a fair and orderly market competition environment and ensure that all types of entities can equally participate in the competitive transfer of mining rights in accordance with the law.

제13조When transferring mining rights, the mining rights transfer department shall sign a written agreement with the transferee determined in accordance with the law.광업권 양도 계약.

After the mining rights transfer contract is signed, if the mining rights do not meet the requirements of territorial spatial planning and control due to verification errors by the mining rights transfer department, and exploration or mining cannot be carried out, the transferee has the right to terminate the contract. 계약이 종료된 후 광업권 양도 부서는 광업권 양도 수익금을 반환해야 합니다. 양수인에게 재산 손실이 발생한 경우 법에 따라 배상해야 합니다.

제14조The transferee of mining rights shall pay mining rights transfer proceeds, mining rights occupation fees and other relevant fees in full and on time in accordance with relevant national regulations and the transfer contract. Specific measures for collecting fees related to mining rights shall be formulated by the financial department of the State Council in conjunction with the natural resources department of the State Council and the taxation department of the State Council, and shall be implemented after approval by the State Council.

In any of the following circumstances, the income from the transfer of mining rights may be reduced or exempted:

(1) Exploration and mining of low-grade, difficult-to-smelt mineral resources;

(2) The comprehensive development and utilization of mineral resources has achieved remarkable results;

(3) Organize and implement emergency mining of mineral resources in accordance with the law;

(4) Other circumstances specified by the State Council.

If the mining rights transfer proceeds are not paid in full and on time, liquidated damages shall be paid in accordance with relevant national regulations and the transfer contract.

제15조The term of the exploration right is 5 years, and can be renewed upon expiration. The renewal period shall not exceed 3 times, and each term shall be 5 years. 국무원 천연자원부서가 결정한 석유, 천연가스 및 기타 전략광물자원에 대해서는 국무원 천연자원부서의 동의를 얻어 실제 상황에 따라 갱신 횟수를 늘릴 수 있다.

광업권의 존속기간은 광물자원 매장량과 광산 건설 규모에 따라 결정되며, 최장 30년을 초과할 수 없다. The specific methods for determining the term of mining rights shall be formulated by the natural resources department of the State Council. When the mining right expires and there are still mineral resources available for mining in the registered mining area, it can be renewed.

Before the expiration of the mining rights, due to the need to protect the security of national mineral resources and other public interests, the original mining rights granting department may take back the mining rights in accordance with the law; if the mining rights are taken back, fair and reasonable compensation shall be provided in accordance with the law.

제16조To apply for renewal of mining rights, the mining rights holder shall apply to the original mining rights transfer department within 6 months to 3 months before the expiration of the mining rights. The original mining rights granting department shall make a decision on whether to grant the renewal before the expiration of the mining right.

제17조When renewing the exploration rights, the area of the exploration area shall be reduced in accordance with the proportion prescribed by the natural resources department of the State Council. However, exploration areas that have proven mineral resources or that comply with the conditions specified by the natural resources department of the State Council will not be included in the calculation base of the reduction area.

If due to ecological environment protection, infrastructure construction and other public interest needs, or due to force majeure such as natural disasters, part of the exploration area where exploration rights have been established cannot continue to be explored, the area that needs to be reduced can be deducted according to relevant certification documents in accordance with regulations.

제18조If the prospecting right holder applies to convert his prospecting right into a mining right in accordance with Article 25 of the Mineral Resources Law, he shall apply to the original mining rights transfer department within the term of the prospecting right and submit a mineral resource reserve report (hereinafter referred to as the reserve report) and other materials. The original mining rights transfer department shall sign a mining rights transfer contract with the prospecting right holder and establish the mining rights, except in one of the following circumstances:

(1) The proven mineral resources need to be mined by specific entities other than the holder of the exploration rights in accordance with relevant national regulations;

(2) The proven mineral resources do not meet the reserve scale or production capacity requirements stipulated in relevant industrial policies;

(3) The proven mineral resources cannot be converted into mining rights due to public interest needs, or they no longer meet the conditions for mining due to special circumstances such as force majeure;

(4) Other situations stipulated by laws and administrative regulations.

제19조Mining rights can be transferred according to law. However, mining rights shall not be transferred under any of the following circumstances:

(1) Mining rights obtained through agreement transfer and held for less than 5 years;

(2) The mining rights are seized according to law;

(3) The ownership of mining rights is unclear or controversial;

(4) The mining rights transfer contract stipulates that the mining rights shall not be transferred;

(5) Other circumstances under which transfer is prohibited by state regulations.

Mining rights directly granted by the natural resources administrative department of the people's government at or above the provincial level in accordance with paragraph 3 of Article 8 of these Regulations may not be transferred without the consent of the natural resources administrative department that originally granted the mining right.

If the actual controller changes due to equity transfer, etc., the mining rights holder shall report to the original mining rights transfer department.

제20조If a mining right is transferred, the transferee shall possess the technical capabilities and other conditions required of the transferee when the mining right is transferred.

제21조When mineral rights are transferred, the transferor and transferee shall sign a mining rights transfer contract in writing to clarify the rights and obligations of both parties. The mining rights transfer contract should clearly stipulate matters related to the performance of ecological restoration obligations in the mining area.

The period after the mining right is transferred shall be the remaining period of the mining right.

제22조The establishment, change, transfer, mortgage and elimination of mining rights must be registered in accordance with the law.

제23조The term “state-funded exploration of mineral resources” as mentioned in Paragraph 1 of Article 28 of the Mineral Resources Law refers to the exploration of mineral resources funded by the central government or local governments to ensure the security of national mineral resources. If the state funds the exploration of mineral resources, geological exploration work can be carried out based on the project mission statement, and there is no need to obtain exploration rights.

If the holder of a mining right needs to conduct exploration for mining activities within the registered mining area, or conducts exploration in the deep or upper part of the registered mining area, he does not need to obtain an exploration right.

제24조Construction units of construction projects do not need to obtain mining rights when excavating sand, stone, and clay that can only be used as ordinary building materials due to construction needs within the approved operation area and construction period. The disposal of excavated sand, stone, and clay shall comply with the relevant regulations of the local province, autonomous region, and municipality directly under the Central Government, and shall not be disposed of by oneself (except for personal use during construction projects).

The approved operation area referred to in the preceding paragraph does not include the temporary land area for construction projects.

Chapter 3 Mineral Resources Exploration and Mining

제25조The natural resources department of the State Council shall work with relevant departments of the State Council to establish and improve the technical standards and normative system for basic geological surveys.

Units engaged in basic geological survey work shall strictly implement relevant technical standards and specifications and be responsible for the quality of survey results. The natural resources departments of the people's governments at or above the county level shall strengthen supervision over the quality of basic geological survey results.

No unit or individual may obstruct or hinder basic geological survey work carried out in accordance with the law.

제26조The natural resources administrative departments of the people's governments at or above the provincial level shall strengthen the management of the release of basic geological survey results and uniformly release information on basic geological survey results in accordance with the prescribed authority; confidentiality review shall be conducted in accordance with the law before information is released, and no result data involving state secrets, work secrets, or commercial secrets shall be released.

제27조The natural resources administrative department of the people's government at or above the provincial level shall provide the construction unit with an area within the construction project area.Mineral resource distributionand mineral rights setting status inquiry services.

If a construction project really needs to overturn mineral resources for which mining rights have been established and has a direct impact on the normal exploration and mining activities of the mining rights holder, the construction unit shall negotiate with the mining rights holder before overturning and provide fair and reasonable compensation to the mining rights holder in accordance with the law. If mineral resources are suppressed and it is necessary to register changes or cancel registrations of mining rights according to law, the mining rights holder shall handle it in accordance with the law.

If a construction project really needs to cover strategic mineral resources, it must be approved by the natural resources department of the State Council or the natural resources department of the people's government of a province, autonomous region, or municipality directly under the Central Government authorized by it. If construction projects within the urban development boundaries determined by the legally approved land spatial planning really need to cover strategic mineral resources, the relevant approvals shall be simplified based on the actual situation.

After scientific evaluation, construction projects that overburden mineral resources but do not directly affect normal exploration and mining activities may not be treated as overburdened mineral resources.

제28조Before conducting mineral resource exploration and mining operations, the mining rights holder shall prepare an exploration plan and mining plan respectively, submit them to the original mining rights transfer department for approval, and obtain an exploration license and mining license; without obtaining the corresponding license, no exploration or mining operations shall be carried out.

When preparing an exploration plan, the exploration area should be clearly defined, the exploration work methods should be reasonably selected, and arrangements should be made for cleanup and recovery after the exploration activities are completed based on the types and scope of exploration minerals, relevant exploration standards and technical specifications, and the requirements for exploration work such as green exploration.

When preparing a mining plan, the mining method, mining sequence, and mining methods should be reasonably selected based on the types and scope of mining, resource occurrence, mining technical specifications, and the requirements for rational development and utilization of mineral resources, green mine construction, etc., and arrangements should be made for the use of space and safeguard measures for comprehensive mining and utilization of resources.

For comprehensive mining of mineral resources, reserves reports and mining plans shall be combined to reasonably determine and register the types of minerals to be mined based on the actual mining conditions.

제29조To apply for an exploration license or mining license, an application form, mining rights certificate, and corresponding exploration plan or mining plan and other materials should be submitted to the original mining rights transfer department. The original mining rights transfer department shall make a decision on whether to approve the application within 15 working days from the date of acceptance of the application. If approved, an exploration license and mining license will be issued; if not approved, the applicant will be notified in writing and the reasons will be explained.

After the original mining rights transfer department accepts the application, it can organize experts to review the exploration plan and mining plan and issue review opinions within 10 working days. The time required for review is not included in the license review period, and the cost shall not be borne by the mining rights holder.

The expiration date of the exploration license and mining license is consistent with the expiration date of the exploration and mining rights.

After the original mining rights transfer department verifies and issues the mining license, it shall promptly notify the relevant local people's government in the mining area to organize the implementation of the mining rights demarcation work.

제30조Mining right holders may apply for an exploration license and mining license when registering their mining rights.

If the mining right is transferred, the transferee shall re-apply for the exploration license and mining license.

제31조The specific management measures for exploration licenses and mining licenses shall be formulated by the natural resources department of the State Council.

제32조Mining rights holders shall conduct exploration and mining operations in accordance with the approved exploration plan and mining plan.

If the main working methods of exploration change, the exploration rights holder shall adjust the exploration plan and submit it to the original mining rights transfer department for approval.

If there is a major change in the mining method or the main mineral mined changes, the mining right holder shall adjust the mining plan, submit it to the original mining rights transfer department for approval and re-issue a mining license.

제33조Before mining rights holders carry out mineral resource exploration and mining operations, they must go through relevant procedures for construction project approval (recording), land and sea use, ecological environment, production safety, etc. in accordance with the law; if military land is involved, they must also be submitted to military units at or above the regiment level for approval in accordance with the relevant regulations of the Central Military Commission.

The mining rights holder shall prepare a feasibility study report of the mine development project, preliminary mine design (oil and gas field development plan), etc., which shall be connected with the mining plan.

제34조Basic geological surveys, strategic mineral resource prospect surveys, and strategic mineral resource exploration, mining and other activities within the prescribed scope that meet the management and control requirements can be carried out in accordance with the law within the nature reserve. 구체적인 관리 방법은 국무원 천연자원부서와 임업초원부서가 제정한다.

제35조The term “mining land” as mentioned in Paragraph 1 of Article 34 of the Mineral Resources Law includes land for mineral resource exploration and land for mineral resource exploitation.

Land used for mineral resource exploration includes land used for exploration operations, as well as land used to build or build living houses, work sheds, transportation access roads, etc. to meet the needs of exploration operations.

Mineral resource exploitation land includes land used for mining operations such as mining of mineral resources, as well as land used to stack mined ore, waste rock, and waste residue to meet the needs of mining operations, and to build industrial plants, tunnel projects, tailings ponds, supporting mineral processing plants, living service facilities, transportation facilities, etc.

People's governments at or above the county level shall ensure the reasonable needs for land use for mineral resource exploration and development in accordance with the law.

제36조Mining rights holders may use state-owned land through allocation, transfer, leasing, pricing and capital contribution in accordance with the law, and may also obtain the right to use collective commercial construction land through transfer, lease, etc. in accordance with the law.

광물자원 채굴을 위한 국유토지와 집단상업건설용지의 사용은 합의를 통해 양도될 수 있다.

제37조Land can be temporarily used for the exploration of mineral resources in accordance with the provisions of land management laws and administrative regulations.

If the land occupied by open-pit mining of strategic mineral resources meets the conditions for simultaneous mining and reclamation after scientific verification, the mining rights holder may temporarily use the land after submitting it to the natural resources department of the people's government at or above the provincial level for approval; if it involves the use of forest land and grassland, the relevant natural resources department shall seek the opinions of the forestry and grassland department at the same level. 토지의 임시 사용은 별도의 구역 및 단계로 승인되어야 하며, 원칙적으로 각 단계는 5년을 초과할 수 없습니다. If the mining right holder fails to perform land reclamation and other ecological restoration obligations in the mining area in accordance with regulations, the relevant natural resources authorities shall not approve its new temporary land use.

제38조If oil, natural gas and other mineral resources that can be exploited are discovered during the exploration of oil, natural gas and other mineral resources, the prospecting right holder can complete the oil (gas) test operation and submit the exploration and mining integration plan to the original mining rights transfer department before mining, and complete the filing procedures with the relevant energy authorities in accordance with regulations.

The holder of exploration rights who exploits mineral resources such as oil and natural gas in accordance with the provisions of the preceding paragraph shall, within the time limit specified by the natural resources department of the State Council, apply to the original mining rights transfer department to convert his exploration rights into mining rights, handle the registration of mining rights in accordance with the law, and obtain a mining license.

제39조The natural resources department of the State Council will work with relevant departments of the State Council to improve green mining policies, standards and regulations, improve the list of green mines and implement dynamic management. Mining rights holders should strengthen the planning, construction, operation and management of green mines and promote the green development of mining enterprises.

제40조The natural resources department of the State Council, together with relevant departments of the State Council, organizes the formulation of national standards related to mineral resource mining recovery rates, mineral processing recovery rates, and comprehensive utilization rates.

Mining right holders shall take effective measures in terms of technology, equipment, management and other aspects to ensure that the mining recovery rate, mineral processing recovery rate and comprehensive utilization rate of mineral resources meet the requirements of relevant national standards.

The state formulates and improves relevant incentive policies and measures to promote the improvement of mineral resource mining recovery rate, mineral processing recovery rate, and comprehensive utilization rate.

제41조The natural resources authorities of the people's governments at or above the county level shall work with relevant departments to strengthen the promotion and application of advanced applicable technologies, techniques, and equipment for the comprehensive mining and comprehensive utilization of mineral resources, encourage and guide mining rights holders to carry out technology, process upgrades, and equipment updates, and promote the industrial development of comprehensive utilization of mineral resources.

제42조The state establishes a mineral resource reserve management system and strengthens the investigation, verification, statistics, and evaluation of mineral resource reserves and their changes to provide a basis for preparing relevant plans for mineral resources, promoting the rational development and utilization of mineral resources, and strengthening the protection of mineral resources.

The state regularly organizes mineral resource potential evaluation and development and utilization status surveys, and strengthens the evaluation and management of mineral resource reserves, mining rights values and related rights and interests.

제43조If the mineral rights holder finds out the mineral resources available for mining through exploration work or discovers significant changes in mineral resource reserves during the mining period, he shall prepare a reserves report and submit it to the original mining rights granting department. The reserve report shall include the spatial distribution, type, quantity, quality and demonstration of mineral deposit industrial indicators of mineral resources, and shall explain the technical performance of ore processing and smelting, mining technical conditions, economic significance of development, etc.

The original mining rights transfer department shall review the reserves report submitted by the mining rights holder, and may organize relevant units to conduct a technical assessment of the reserves report based on the needs of the review work. The audited reserves report can be used as the basis for mineral resource reserve statistics and supervision and management.

Mining rights holders shall be responsible for the authenticity of the reserve reports submitted by them and shall not engage in fraud.

제44조Mining right holders shall monitor mineral resource reserves in accordance with regulations, establish and improve mineral resource reserves ledgers, and regularly report changes in mineral resource reserves and development and utilization to the original mining rights transfer department.

제45조If a mine is closed, the mining rights holder shall submit the geological report of the closed pit to the natural resources department of the local people's government at or above the county level in accordance with relevant national regulations, and submit relevant geological data.

Chapter 4 Ecological Restoration of Mining Areas

제46조The natural resources departments of local people's governments at or above the county level shall, in conjunction with relevant departments, investigate and evaluate the geological environment damage, land damage, vegetation degradation and other ecological damage caused by the mining of mineral resources within their respective administrative areas, and clarify the key areas, targets and tasks for ecological restoration of mining areas.

제47조광업권 보유자는 광산 지역의 생태 복원에 대한 책임을 집니다. Mining right holders shall coordinate the implementation of ecological restoration and pollution prevention and control in mining areas.

When mining rights are transferred, unless otherwise stipulated by the state or otherwise stipulated in the mining rights grant or transfer contract, the transferee shall perform the ecological restoration obligations of the mining area. If the transferor commits fraud on the ecological restoration of the mining area during the transfer of mining rights, its ecological restoration obligations will not be exempted by the transfer of mining rights.

제48조For abandoned mining areas left over from history, the natural resources department of the local people's government at or above the county level shall confirm the person responsible for ecological restoration of the mining area; if the responsible person is missing or cannot be confirmed, the local people's government at or above the county level shall organize ecological restoration of the mining area and coordinate pollution control.

The natural resources department of the State Council and other relevant departments may formulate special policies to support local people's governments in carrying out ecological restoration of abandoned mining areas left over from history. Local people's governments at or above the county level can expand funding channels for ecological restoration in mining areas through a variety of methods in accordance with the law.

제49조The state improves policies and measures to encourage social capital to participate in ecological restoration of mining areas in accordance with the law, and safeguard the legitimate rights and interests of social capital participating in ecological restoration of mining areas.

The state gives full play to the role of market mechanisms in ecological restoration of mining areas and promotes the market-oriented development of ecological restoration in mining areas.

제50조Before mining mineral resources, the mining right holder shall prepare an ecological restoration plan for the mining area in accordance with laws, regulations, the provisions of the natural resources department of the State Council and the mining rights transfer contract, and submit the mining plan to the original mining rights transfer department for approval. The ecological restoration plan for the mining area should clearly define the objectives and tasks of ecological restoration, project layout, technical measures, timing arrangements, budget estimates, safeguard measures, etc.; if it involves tailings ponds, special measures for the restoration of tailings ponds should also be clarified.

광산 지역의 생태복원 계획을 작성할 때 광물자원법 제46조 2항의 규정에 따라 해당 광산 지역 범위 내에서 해당 계획에 대한 의견을 공개적으로 모집해야 하며 관련 단위 및 개인의 의견을 구체적으로 청취해야 합니다. 광업권자는 광업지역 생태복원계획을 제출하여 승인을 받을 때 공개의견청취와 특별의견청취에 대하여 설명하여야 한다.

광업권자가 광업지역의 생태복원계획을 조정하는 경우 국무원 천연자원부의 규정에 따라 원래의 광업권 이전 부서에 보고하여 등록해야 한다. 본 조례 제32조 3항의 규정에 따라 채광계획을 조정할 경우, 채광지의 생태복원계획을 다시 작성하여 채광계획과 함께 원래의 채광권 이전 부서에 제출하여 승인을 받아야 한다.

규정에 따라 광산지역 생태복원계획이 수립된 경우에는 더 이상 매립계획이 작성되지 않습니다.

제51조광산 지역의 생태적 복원이 채굴, 수리 또는 칸막이 또는 단계적으로 수행될 수 있는 경우, 채굴권자는 광산 설계 및 기술 프로세스, 채굴 진행, 광산 토지 범위 및 유형, 안전한 생산 조건, 토지 손상 및 생태적 손상 등에 따라 복원 단위를 합리적으로 나누고, 복원 순서를 마련하고 적시에 생태적 복원을 수행해야 합니다. 광산을 채굴하거나 칸막이 또는 단계를 수리하는 동안 복원이 불가능할 경우 생태학적 복원은 광산이 폐쇄되기 전 또는 광산이 폐쇄된 후 2년 이내에 완료되어야 합니다. 다만, 방사성 광물자원이 채굴된 광산지역의 생태복원 기한은 실제 수요에 따라 결정될 수 있다.

제52조광업권자는 광산지의 생태복원계획에 따라 생태복원을 완료한 후 즉시 광산지 소재지 현급 이상 지방 인민정부 천연자원부서에 검사 및 인수를 신청해야 한다. if the ecological restoration is completed in partitions and phases, he shall apply for acceptance in partitions and phases.

현급 이상 지방 인민정부 천연자원부서가 생태환경부서 및 기타 유관부서와 함께 광산지역의 생태복원 접수를 조직한다. If the acceptance is passed, a confirmation of acceptance shall be issued to the mining right holder; 수리가 만족스럽지 못한 경우 서면 수정 의견을 광업권자에게 발행해야 하며 수정이 완료된 후 다시 수리를 신청해야 합니다.

제53조The ecological restoration costs of mining areas shall be withdrawn by the mining right holder on an annual basis. 법률에 별도의 규정이 있는 경우를 제외하고 광산 지역의 생태복원 비용은 압수, 동결, 할당될 수 없습니다.

Chapter 5 Mineral Resource Reserves and Emergency Response

제54조국가는 정부 리더십, 사회적 공동 건설, 다양한 보완성, 효율적인 협력 원칙에 따라 제품 비축량, 생산 능력 비축량, 원산지 비축량을 결합하고 비축량 구조, 규모 및 배치를 과학적, 합리적으로 결정하고 동적으로 조정하는 전략적 광물 자원 비축 시스템을 구축하여 전략적 보증, 거시적 통제 및 긴급 수요 대응이라는 비축량 기능을 충분히 발휘합니다.

국가는 전략광물자원 매장량 감독제도를 완비하고 비축시설 건설을 가속화하며 매장량 운영업체의 전문수준을 제고하고 매장량 정보화 구축을 강화하며 전략광물자원 매장량의 종합적 효율성을 지속적으로 제고한다. 현급 이상 인민정부는 필요에 따라 전략광물자원 매장량을 국민경제사회발전계획, 토지공간 계획에 포함시키고 중대 프로젝트 건설을 지원해야 한다.

제55조국무원 개발개혁부는 국가 광물 매장량 사업을 조정하고 정기적으로 매장량 계획과 총량 계획을 수립하며 매장량 품종 규모를 동적으로 조정합니다. 국무원 곡물 및 재료 비축 부문은 중앙 정부의 광물 비축량에 대한 수집, 저장, 순환 및 일상 관리를 조직하고 실행합니다. the energy department of the State Council is responsible for energy reserve-related work in accordance with its responsibilities. 현급 이상 지방 인민정부는 국가 관련 규정과 현지 현실에 따라 광물제품 비축량을 집행해야 한다.

Relevant enterprises shall carry out mineral product reserve work in accordance with relevant national regulations. The state has improved policies and measures to support enterprises in developing mineral product reserves.

전략광물자원 비축관리부서와 비축사업단위는 전략광물제품 자산 관리를 강화하고 규정에 따라 광물제품 비축상태를 보고해야 한다.

제56조전략에너지 광물자원의 생산능력 비축에 대한 구체적인 방법은 국무원 에너지 부문이 국무원 관련 부문과 회동하여 제정한다. 기타 전략광물자원의 생산능력 비축에 대한 구체적인 방법은 국무원 산업정보기술 부문이 국무원 관련 부문과 회동하여 제정한다.

전략광물자원을 이용하는 광업권자는 관련 국가 규정에 따라 생산능력 예비 건설 계획을 준비하고 생산능력 예비 책임을 이행하며 생산능력을 합리적으로 계획하고 광산 생산능력, 외부 운송 조건, 안전 생산 조건 등에 따라 긴급 생산량 증가의 필요성을 보장해야 합니다.

제57조Strategic mineral resource origin reserves should follow the principles of scientific assessment, rational layout, hierarchical management, and dynamic adjustment, and should be combined with national mineral resource development and utilization and safety assurance and other relevant plans, coordinate resource endowments, development and utilization technical conditions, domestic and foreign supply and demand conditions, ecological location and other factors, reasonably determine the reserve scale, layout, etc., and carry out necessary supplementary exploration of the reserve areas, improve emergency mining capabilities, and organically connect with product reserves and production capacity reserves to form tiered supply capabilities.

The natural resources department of the State Council takes the lead in organizing the national strategic mineral resource production area reserve work, studies and puts forward opinions on the mineral types, scale, and layout of production area reserves, organizes and carries out production area reserve surveys, evaluation demonstrations, and reserve exploration, delineates strategic mineral resource reserve areas, and strengthens production area reserve monitoring and protection supervision. The natural resources administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall assist in carrying out work related to production area reserves, and organize and carry out protection and supervision work in accordance with territorial management responsibilities. Encourage enterprises to actively participate in production area reserve work.

The reserve period of strategic mineral resources production areas should be consistent with the relevant planning of mineral resources, and in principle should not be less than 5 years. After the reserve period expires, the natural resources department of the State Council shall organize an evaluation and demonstration together with the relevant departments of the State Council to determine whether to extend the reserve period, and adjust and utilize the production area reserves in a timely manner as necessary.

Strategic mineral resources included in the production area reserve shall not be mined or suppressed without the approval of the natural resources department of the State Council.

제58조The State Council's development and reform, industry and information technology, natural resources, food and material reserves, mine safety supervision and other relevant departments should establish and improve the mineral resource supply safety prediction and early warning working system, strengthen the sharing and application of data and information related to mineral resource supply safety, conduct comprehensive monitoring, analysis, and assessment of mineral product supply and demand changes, price fluctuations, and safety risk conditions, and conduct timely prediction and early warning.

제59조Other necessary measures referred to in Item 6 of Article 55, Paragraph 1 of the Mineral Resources Law include but are not limited to directly organizing the mining, processing, transportation, and supply of mineral resources, requisitioning relevant mineral products, mineral product reserve facilities, and transportation vehicles, and organizing and implementing the supply of mineral resources or mineral products in accordance with the order of supply guarantee.

Chapter 6 Supervision and Management

제60조The natural resources departments and other relevant departments of the people's governments at or above the county level shall, in accordance with the division of responsibilities, strengthen supervision and inspection of activities such as mineral resource exploration, mining and ecological restoration of mining areas, and promptly investigate and deal with illegal activities in accordance with the law.

The natural resources authorities and other relevant departments of the people's governments at or above the county level should strengthen coordination and cooperation in supervision and inspection, implement joint inspections if they can, and encourage supervision and inspection through off-site inspections and the use of non-contact technical means.

제61조Natural resources authorities and other relevant departments and their staff have the obligation to keep confidential state secrets, work secrets, business secrets, personal privacy and personal information learned during the supervision and management process in accordance with the law.

The trade secrets referred to in the preceding paragraph include, but are not limited to, mineral resource reserves and exploration results, major discoveries, and core technical solutions of mining right holders. Trade secrets shall not be disclosed to third parties, unless otherwise provided by law or with the written consent of the mining rights holder.

제62조The natural resources department of the State Council shall establish an evaluation indicator system for the development and utilization level of mineral resources in accordance with the principles of being scientific and reasonable, reflecting differences, and being simple and easy to implement, and shall strengthen guidance on the use of evaluation indicators.

The natural resources departments of the people's governments at or above the county level shall strengthen the summary, analysis and regular evaluation of the exploration and mining of mineral resources within their respective administrative regions based on the evaluation indicators of the development and utilization level of mineral resources, and propose improvement measures for economical and intensive development and utilization of mineral resources. Mining rights holders and relevant mining enterprises shall cooperate with the assessment work of the natural resources authorities and implement relevant improvement measures.

제63조The natural resources department of the State Council promotes the improvement of the informatization level of mineral resources supervision and management, carries out supervision and services through the national mineral resources supervision and management information system, and strengthens information sharing with relevant departments of the State Council.

제64조The natural resources department of the State Council shall implement registration and hierarchical supervision of units engaged in mineral resource exploration based on their scale, technical capabilities, talent and equipment, credit status, etc., guide the large-scale development of the mineral resource exploration market, and enhance the level of professionalism.

제65조When disputes arise between mining rights holders regarding exploration and mining areas, they shall be resolved through negotiation between the parties concerned. If the parties cannot reach an agreement through negotiation, the matter shall be handled by the local people's government at or above the county level where the mineral resources are located based on the exploration and mining areas approved in accordance with the law; disputes over exploration and mining areas across administrative regions shall be handled by the common people's government at the next higher level.

제66조The National Natural Resources Supervision Agency, in accordance with the authorization of the State Council, supervises the development, utilization, supervision and management of mineral resources by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

When the national natural resources inspection agency conducts inspections, it has the right to learn about the relevant conditions of the inspection matters from units and individuals related to the inspection matters. Relevant units and individuals should support and assist the work of the inspection agency.

제7장 법적 책임

제67조Anyone who obstructs or impedes the basic geological survey work carried out in accordance with the law shall be ordered to make corrections by the natural resources department of the people's government at or above the county level and given a warning or a notice of criticism; if the person refuses to make corrections, the unit shall be fined not less than 20,000 yuan but not more than 100,000 yuan, and the individual shall be fined not less than 10,000 yuan but not more than 50,000 yuan.

제68조If the mining right holder fails to regularly report changes in mineral resource reserves and development and utilization, or fails to submit a mine closure geological report after the mine is closed, the natural resources department of the people's government at or above the county level shall order correction and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan; if the circumstances are serious, a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed.

제69조If the mineral resources involved in the illegal acts specified in Articles 63, 64, 66, 67 and 68 of the Mineral Resources Law are strategic mineral resources, they shall be severely punished.

제70조If the mining rights holder fails to pay the mining rights occupation fees in accordance with regulations, the collection authority may order the payment within a time limit. If the mineral rights holder fails to pay within the time limit, a fine of not more than three times the mining rights occupation fees payable may be imposed.

제71조If the construction unit of a construction project disposes of sand, stone, and clay that needs to be excavated for construction by itself, the natural resources department of the people's government at or above the county level shall order it to make corrections and impose a fine of not less than 3 times but not more than 5 times the market value of the mineral products it disposes of; if the market value of the mineral products it disposes by itself is less than 100,000 yuan, it shall be fined not less than 100,000 yuan but not more than 300,000 yuan.

제72조Anyone who exploits strategic mineral resources included in the production area reserve without approval shall be severely punished in accordance with the provisions of Article 64 of the Mineral Resources Law.

제73조Anyone who violates the provisions of these Regulations and causes damage to others' personal property or the ecological environment shall bear civil liability in accordance with the law; if it constitutes a violation of public security management, he shall be subject to public security management penalties in accordance with the law; if it constitutes a crime, he shall be investigated for criminal liability in accordance with the law.

제8장 부칙

제74조Foreign investment in exploration and mining of mineral resources must comply with the provisions of the negative list for foreign investment access.

If foreign investors invest in exploration or mining of mineral resources that affect or may affect national security, they shall undergo a safety review in accordance with relevant national regulations.

제75조The import and export of mineral resources and related goods, technologies, and services shall comply with the provisions of relevant foreign trade, import and export management laws, and administrative regulations; if they are export controlled items, they shall also comply with the provisions of export control laws and administrative regulations.

제76조If any country, region or international organization adopts, assists or supports the adoption of discriminatory prohibitions, restrictions or other similar measures that endanger the security of the mineral resources and related industrial chains and supply chains of the People's Republic of China, the relevant departments of the State Council may take necessary countermeasures based on the actual situation.

제77조If the state has other regulations on the exploration, mining and protection of radioactive mineral resources such as uranium (thorium) ores, such regulations shall prevail.

제78조Exploration licenses and mining licenses issued in accordance with the law before July 1, 2025 will continue to be valid within the validity period.

제79조These regulations will come into effect on June 15, 2026. The "Interim Measures for the Supervision and Administration of Mineral Resources", "Regulations on the Collection and Administration of Mineral Resources Compensation Fees", "Implementation Rules of the Mineral Resources Law of the People's Republic of China", "Measures for the Registration and Management of Mineral Resources Exploration Blocks", "Measures for the Registration and Management of Mineral Resources Exploitation", and "Measures for the Management of the Transfer of Exploration and Mining Rights" are simultaneously abolished.