Notice of the Ministry of land and resources on pr

2022-08-13
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Notice of the Ministry of land and resources on printing and distributing the mining rights trading rules in order to implement the relevant work requirements of the State Council to integrate and establish a unified public resources trading platform, further standardize the mining rights trading behavior, and promote the healthy development of the mining rights market, the mining rights trading rules are hereby printed and distributed to you, please follow and implement

September 6, 2017

CC: public resources trading centers (bureaus) of all provinces, autonomous regions and municipalities directly under the central government

mining rights trading rules

Chapter I General Provisions

Article 1 in order to further regulate mining rights trading behavior, ensure that mining rights trading is open, fair and just, and safeguard national rights and interests and the legitimate rights and interests of mining rights holders, In accordance with the mineral resources law of the people's Republic of China, the auction law of the people's Republic of China, the bidding law of the people's Republic of China, the administrative measures for the registration of mineral resources exploration blocks, the administrative measures for the registration of mineral resources exploitation, the administrative measures for the transfer of exploration and mining rights, and the notice of the general office of the State Council on printing and Issuing the work plan for the integration and establishment of a unified public resources trading platform, Formulate these rules

Article 2 the mining rights mentioned in these rules refer to exploration rights and mining rights, and mining rights transaction refers to the transfer of mining rights by the competent department of land and resources of the people's government at or above the county level (hereinafter referred to as the competent department of land and resources) or the transfer of mining rights by the mining right owner

the transfer of mining right refers to the behavior that the competent department of land and resources grants the exploration right to the applicant of exploration right in accordance with the law by means of bidding, auction, listing, application first, agreement, etc. and grants the mining right to the applicant of mining right in accordance with the law by means of bidding, auction, listing, conversion of exploration right to mining right, agreement, etc

the transfer of mining right refers to the behavior of the mining right owner to transfer the mining right to others according to law

Article 3 these rules apply to the transfer of mining rights, which can be implemented by reference

these rules are not applicable to mining right transactions of uranium mines and other minerals that should not be disclosed according to national regulations

Article 4 the subject of mining right transaction refers to the transferor, transferor, transferee, bidder, bidder, bid winner and bidder who participate in mining right transaction according to law. The assignee, bidder, bidder, bid winner and bidder shall comply with the relevant qualification requirements of laws and regulations

the transferor is the Department in charge of land and resources that assigns the mining right. The transferor refers to the mining right owner who transfers his legal mining right. The transferee refers to a legal person who meets the conditions for the application or transfer of exploration rights and mining rights and can independently undertake civil affairs

if it is transferred by bidding, all parties participating in the bidding are bidders; If the transfer is made by auction or listing, all parties participating in the auction and bidding are bidders; The transferor shall determine the bid winner and the winner according to the announced rules

Article 5 the mining rights trading platform refers to an institution established according to law to provide trading services for the transfer and transfer of mining rights. Mining rights trading platforms include public resources trading platforms established by local people's governments that have included the transfer of mining rights, and mining rights trading institutions established by the competent departments of land and resources

the mining rights trading platform should have a fixed trading place, a perfect trading management system, corresponding equipment and professional technicians

the mining rights trading platform can entrust a transaction agency intermediary with corresponding qualifications to complete specific bidding, auction and listing procedures

the mining rights trading platform should actively promote the interconnection and sharing of expert resources and expert credit information, and should adopt a random way to determine bid evaluation experts

Article 6 the mining rights trading platform shall organize mining rights trading in accordance with these rules, disclose trading service guidelines, trading procedures, trading processes, format documents, etc., consciously accept the supervision and business guidance of the competent department of land and resources, strengthen self-discipline management, maintain market order, and ensure the openness, fairness and impartiality of mining rights trading

Article 7 the transfer of mining rights by means of bidding, auction or listing shall be carried out on the mining rights trading platform at the same level or the mining rights trading platform entrusted by the competent department of land and resources in accordance with the authority of examination and approval

if the registration authority of the Ministry of land and resources requires bidding, auction and listing to transfer mining rights, the oil and gas mining rights shall be organized and implemented by the Ministry of land and resources, and the non oil and gas mining rights shall be implemented by the mining rights trading platform organized by the provincial competent Department of land and resources entrusted by the Ministry of land and resources

Article 8 where mining rights are transferred by means of bidding, auction or listing, the mining rights trading platform shall organize the implementation in accordance with the power of attorney or assignment issued by the competent department of land and resources

if the transferor entrusts the mining rights trading platform to organize the transfer of mining rights by means of bidding, auction and listing, an entrustment contract shall be signed. The entrustment contract shall include the following contents:

(1) the name and place of the transferor and the mining rights trading platform

(II) entrusted service items and requirements

(III) service fee

(IV) breach of contract

(V) dispute resolution

(VI) other matters that need to be agreed

Chapter II announcement

Article 9 if the mining right is transferred by means of bidding, auction and listing, the mining right trading platform will issue the transfer announcement and prepare the relevant documents of bidding, auction and listing according to the relevant materials provided by the transferor

Article 10 the mining rights trading platform or the competent department of land and resources shall publish announcements at the same time on the following platforms:

(1) the household station of the Department of land and resources

(II) portal of the competent department of land and resources at the same level

(III) trading hall of mining rights trading platform

(IV) other methods that are necessary

Article 11 the transfer announcement shall include the following contents:

(1) the name and place of the transferor and the mining rights trading platform

(II) brief information about the transfer of mining rights, including project name, mineral species, geographical location, inflection point range coordinates, area, resource reserves (degree of exploration work), mining elevation, resource development and utilization, proposed transfer period, as well as exploration investment, mine geological environment protection and land reclamation requirements

(III) qualification conditions of the bidder or bidder

(IV) transfer method and time and place of transaction

(V) the way to obtain bidding, auction and listing documents and the starting and ending time and method of application for registration

(VI) standards and methods for determining the bid winner and the bidder

(VII) payment and disposal of trading margin

(VIII) risk warning

(IX) handling methods of objections to mining rights trading

(x) other contents that need to be announced

Article 12 If the mining right is transferred by means of bidding, auction or listing, an announcement shall be issued 20 working days before the deadline for bidding, the date of public auction or the starting date of listing

Article 13 the mining rights trading platform shall accept the written application of the bidder or bidder according to the time, place and method specified in the announcement; As a result of the desire of bidders or engineers competing for polar racing to explore "how to use the technology behind the success of the racing car to improve the performance of Volvo cars driving on the road (i.e. all road conditions in ordinary life)", the buyer should provide effective proof materials that meet the main qualification of the transferee of mining rights, and be responsible for its authenticity and legitimacy

the qualification certification materials of the transferee of mining rights should include: business license of enterprise legal person or legal person certificate of public institution, identity certificate of legal representative and other materials that should be provided according to regulations

Article 14 A bidder or bidder who meets the qualifications of the announced transferee after being reviewed by the mining rights trading platform shall pay the transaction deposit according to the transaction announcement and obtain the transaction qualification after being confirmed in writing by the mining rights trading platform

Chapter III transaction form and process

Article 15 the mining rights trading platform shall organize transactions at the time and place determined by the announcement, and notify the transferor and the bidders or bidders who have obtained the transaction qualification in writing to participate

Article 16 where mining rights are transferred by bidding or auction, the number of bidders or bidders for each subject matter shall not be less than 3. If there are less than three persons, the transferor shall stop bidding, auction or reorganize or choose other ways of trading in accordance with the relevant provisions

Article 17 where mining rights are transferred by means of bidding, auction and listing, the base price of bidding, auction and listing, and the starting price shall be determined by the transferor in accordance with the relevant provisions of the state

the bidding base price, auction and listing base price must be kept confidential and cannot be changed before the end of trading activities

if there is no reserve price auction, it shall be explained before the bidding starts; If there is no base price for listing, it shall be explained on the starting date of listing

Article 18 before the deadline for bidding, the bidder shall seal and deliver the bidding documents to the mining rights trading machine, which shall be introduced into the process control principle platform. The mining rights trading platform shall be signed and saved on site and shall not be opened before bid opening; If it is delivered after the deadline for bidding, the mining rights trading platform shall reject it

before the deadline for submission of bids, the bidder may supplement or modify, but may not withdraw, the bid documents, and the supplemented or modified contents shall be an integral part of the bid documents

Article 19 during bid opening, the transferor and the bidder shall check the sealing of the bid documents, open them in public, and the staff of the mining rights trading platform shall read out the name of the bidder, the bid price and the main contents of the bid documents

the mining rights trading platform shall determine the bid winner according to the announced standards and methods

Article 20 the auction will organize bidding according to the following procedures:

(1) the auction host counts the bidders

(2) the auction host introduces the brief information of the auction target

(III) the auction host announces the auction rules and precautions, and explains whether the auction has a reserve price

(4) the auction host offers the starting price

(V) the bidder's offer

(VI) the auction host announces the auction transaction results

Article 21 during the listing period, the mining rights trading platform shall announce the starting price, price increase rules, listing time, etc. on the starting date of listing; Bidders fill in the quotation within the listing time. If the quotation is the same, the first quotation is a valid quotation; The listing price will be updated after the mining rights trading platform confirms the effective quotation

when the listing period expires, announce the highest quotation and its bidder, and ask the bidder whether he is willing to continue bidding. If anyone is willing to continue bidding, the winner shall be determined through on-site bidding

the listing time shall not be less than 10 working days

Article 22 when the auction auction is over and the listing period expires, the mining rights trading platform shall determine whether to conclude the transaction in accordance with the following provisions:

(1) if there is a reserve price, the highest bidder who is not lower than the reserve price is the winner; If there is no reserve price, the highest bidder who is not lower than the starting price is the winner

(II) if there is no quotation or the bidder's quotation is lower than the base price, no transaction will be concluded

Chapter IV confirmation, suspension and termination

Article 23 If the bidding is concluded, the mining rights trading platform shall issue the notification of award on the day when the winning bidder is determined; If an auction or listing transaction is concluded, a transaction confirmation shall be signed on the spot

Article 24 notification of award or transaction confirmation

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