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Q&A Regarding China's " The Mineral Resources Law of the People's Republic of China"(3)
Q&A Regarding China's " The Mineral Resources Law of the People's Republic of China"(3)
| Q: |
Is it necessary to sign a transfer contract when transferring mining rights? |
| A: |
Where a mining right is transferred, the department granting the mining right shall enter into a mining right transfer contract in writing with the transferee determined in accordance with the law. |
| Q: |
What contents should be clearly stipulated in a mining rights transfer contract? |
| A: |
The contract for the transfer of mining rights shall clearly specify the types of minerals to be explored or mined, the area, the requirements for exploration, mining, ecological restoration of the mining area and safety, the amount and payment method of the proceeds from the transfer of mining rights, the term of the mining rights and other matters. Where specific strategic mineral resources are involved, the relevant requirements for protective exploitation shall also be clearly defined. |
| Q: |
Which department formulates the model text of the mining rights transfer contract? |
| A: |
The model text of the mining rights transfer contract shall be formulated by the competent department of natural resources under The State Council. |
| Q: |
Which department formulates the collection method for the proceeds from the transfer of mining rights? |
| A: |
The measures for collecting the proceeds from the transfer of mining rights shall be formulated by the financial department of The State Council in conjunction with the competent department of natural resources and the competent department of taxation of The State Council, and shall be implemented after being approved by The State Council. |
| Q: |
Does the establishment of a mining right require registration? |
| A: |
Where a mining right is to be established, an application for mining right registration shall be made to the department that grants the mining right. Where the registration conditions are met, the department granting the mining right shall record the relevant matters in the mining right register and issue a mining right certificate to the mining right holder. |

