People's Republic Of China Law Of Coal

Original Language Title: 中华人民共和国煤炭法

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People's Republic of China President, 45th

The Standing Committee of the national people's Congress to amend of People's Republic of China coal law decision by the People's Republic of China the 20th meeting of the Standing Committee of the 11th NPC on April 22, 2011, are hereby promulgated and take effect on July 1, 2011.

People's Republic of China President Hu Jintao
April 22, 2011 People's Republic of China Law of coal

(August 29, 1996 meeting of the Standing Committee of the national people's Congress of the 21st through August 27, 2009, the 11th meeting of the Standing Committee of the tenth National People's Congress of the decision to amend parts of the law amended on April 22, 2011 for the first time the 11th session of the 20th meeting of the Standing Committee of the national people's Congress to amend People's Republic of China coal law decision on the second amendment)

Directory

Chapter I General provisions

Chapter II for coal production and development planning and construction of coal mines

Chapter III coal production and coal mine safety

Fourth chapter of coal

Fifth chapter of coal mining areas protection

The sixth chapter, supervision and inspection

The seventh chapter legal liability
  The eighth chapter by-laws chapter I General provisions

Article for rational exploitation, utilization and protection of coal resources, regulate coal production and business activities, to promote and safeguard the development of the coal industry, this law is enacted.

Article in the People's Republic of China area and People's Republic of China sea areas under the jurisdiction of coal production and business activities, of this law shall apply. Third coal resources belong to the State.

National ownership of surface or underground coal resources, because of their different land ownership or the right to change.

Fourth national coal development on the unified planning, rational geographical distribution and comprehensive utilization of the guidelines.

Fifth State shall protect the coal resources according to law and forbid any indiscriminate mining which is destructive to the coal resources.

Sixth the State shall protect the legal rights of investors who invest in the development of coal resources.

State guarantees the healthy development of State-owned coal mines.

State of township coal mines to take support, transformation, reorganization, Union, improvement of policies, the implementation of formal development and orderly development.

Seventh coal mining enterprises must adhere to the safety guidelines of safety first, prevention, establish and improve the system of safety production responsibility system and the midges.

The eighth people's Governments at all levels and relevant departments and coal mining enterprises must adopt measures to strengthen labor protection, and protection of coal mine workers ' safety and health.

States shall take special protective measures of coal mine downhole operation.

Nineth the State encourages and supports the development and utilization of coal resources in the process of adopting advanced technology and management methods.

Coal mining enterprises shall strengthen and improve management and increase the productivity and economic benefits.

The tenth State to maintain coal mining production order, work order, protection of the facilities of coal mining enterprises.

11th the development and utilization of coal resources shall abide by the laws and regulations relating to environmental protection, to prevent and control pollution and other public hazards, and protect the ecological environment. 12th coal management departments of the State Council is responsible for supervision and administration of the coal industry.

Within the relevant departments under the State Council, within their respective areas of responsibility for supervision and administration of the coal industry.

Local people's Governments at or above the county level administration and relevant departments shall be responsible for the supervision and administration of the coal industry in the administrative area.

13th the coal mining administrations are State-owned coal mining enterprises with independent legal personality.

Bureau of mines and the other has an independent legal personality of the coal mine company, coal trading enterprises independently operate, self-responsibility, self discipline, self development.
  Chapter II for coal production and development planning and construction of coal mines

14th coal management departments of the State Council, according to the national coal resource exploration in mineral resources exploration and planning the national plan.

15th coal management departments of the State Council according to the provisions of the national mineral resources plan coal resources, organization and implementation of coal production and development planning.

The provinces, autonomous regions and municipalities directly under the people's Governments of coal resources under management, according to the national mineral resources planning, organization and implementation of coal production and development planning in the region, and coal management departments of the State Council for the record.

16th coal production and development planning should be based on national economic and social development need to be developed and incorporated into the national economic and social development plan.

17th State formulates preferential policies, support for the development of the coal industry, promote the construction of coal mines.

Coal mine construction projects shall conform to the coal industry in coal production and development plans and policies.

18th establish a coal mining enterprise shall satisfy the following conditions:

(A) a feasibility study report on or mining plan for coal mine construction project;

(B) the planned mining area, the mining and resource utilization programmes;

(C) exploitation of the geological, surveying, hydrographic data and other information;

(D) is consistent with mine design of coal mine production safety and environmental protection requirements;

(E) reasonable coal mine production and corresponding funding, equipment and technical personnel;

(Vi) other conditions stipulated by laws and administrative regulations.

19th to start coal mining businesses must apply to the coal management departments in accordance with law in accordance with the provisions of this law conditions of permissions and classified management of prescribed by the State Council for examination and approval.

Examination and approval of coal mine enterprises, required by the Department of geology and mineral resources of its mining areas and resources comprehensive utilization program of review and signing.

By allowing the introduction of coal mining enterprise, by approval documents issued by the Department of geology and mineral resources mining permit. 20th construction land use shall be in accordance with relevant laws and administrative rules and regulations.

Land, shall pay compensation fees for land compensation and resettlement fees, completes the migration with the rehousing of residents.

Construction of coal mines should implement the principle of protecting cultivated land and rational use of land.

Local people's Governments on the construction the lawful use of land mines and relocate residents, should provide necessary support and assistance. 21st construction of coal mines, coal exploitation and environmental governance in parallel.

Coal mine construction project of environmental protection facilities must be the principal part of the project design, construction, inspection, and put into use simultaneously.
  Chapter III coal production and coal mine safety

22nd mines into production, coal mining enterprises shall, in accordance with the provisions of this law apply to coal management departments for coal production licenses from coal management departments to review their actual production conditions and security conditions, meets the conditions prescribed by this law, to the coal production license.

Has not obtained the coal production license shall not engage in coal production.

23rd obtained the coal production license shall meet the following conditions:

(A) has a legally obtained mining license;

(B) mine production system in accordance with mine safety regulations stipulated by the State;

(C) mine training according to law, obtained the mine manager qualification certificate;

(D) special operations personnel training according to law, made the operation qualification certificate;

(V) Wells, outside the mine, mine, mine scheduling communication;

(F) the measured control of wells and underground engineering, mining engineering plans, ventilation system;

(G) acceptance of guarantee of coal mine production safety facilities and environmental protection facilities;

(VIII) other conditions stipulated by laws and administrative regulations.

24th coal management departments of the State Council is responsible for issue and administration of coal production licenses of the following coal mining enterprises:

(A) the State Department and run by coal management departments of the State Council for examination and approval according to law of coal mine enterprises;

(B) TRANS-provincial, autonomous region, municipality directly under the administrative structure of the coal mining enterprises.

The provinces, autonomous regions and municipalities of coal management departments are responsible for coal mine enterprises other than the provisions of the preceding paragraph for issue and administration of coal production licenses.

Coal management departments of the provinces, autonomous regions and municipalities may authorize the district municipalities, autonomous prefectures of coal management departments are responsible for issue and administration of coal production licenses.

25th the Agency for issue and administration of coal production licenses, is responsible for the supervision and administration of coal production licenses.

Have legally obtained coal production licenses coal coal production license shall not be transferred or leased to others.

26th in the same mining area coal production license shall not be issued.

Coal production license has expired or within the approved limits of mining of coal resources have dried up, the coal production license shall be cancelled by the issuing authority and publicly announce it.

Coal production conditions and security conditions changed conditions of verification does not comply with the provisions of this law, the coal production license shall be revoked by the issuing authority and publicly announce it.

27th coal production license management method, formulated by the State Council in accordance with the law.

Provinces, autonomous regions and municipalities directly under the Standing Committee of the national people's Congress in accordance with the laws and regulations of the State Council to develop local coal production license management solution.

28th article on the national economy is of great value for the special or rare kinds of coal, the State shall ensure protective mining.

29th article must comply with the mining of coal resources mining procedures, comply with the reasonable mining order and meet the prescribed recovery rate of coal resources.

Coal resources recovery rate of coal management departments of the State Council according to the different resources and exploitation conditions.

The State shall encourage coal mining enterprises to carry out second mining or exploitation of corner coal residue and very thin coal seams. 30th coal mining enterprises shall strengthen the supervision and management of coal product quality.

Coal product quality should be in accordance with the national standard or industry standard classification on the level.

31st the coal production shall be carried out within the approved limits of mining, not mining beyond the approved limits and more exploitation.

Coal pillar mining operation without security, shall not use may endanger the safety of adjacent coal mine flooding, blasting, dangerous methods such as through roadway.

32nd due to mining, coal land or land surface subsidence, excavation, reclamation undertaken by the miners, restored to the availability of State causing damage, should be compensated according to law.

33rd off coal mining and abandoned mine, shall, in accordance with relevant laws and regulations and coal management departments of the State Council's regulations.

34th State to establish production funding system in coal mine Enterprise accumulation of aging period.

Countries to encourage and support coal mining enterprises to develop diversified economy.

35th national advocate and support coal mining enterprises and other enterprises to develop coal-fired power-generation coal, coking, chemicals, coal, building materials, coal processing and finishing.

The State shall encourage coal mining enterprises to develop coal washing and processing, comprehensive exploitation and utilization of coalbed methane, gangue, coal slime, stone coal and peat.

36th State to develop and disseminate clean coal technology. States to take measures to combat indigenous coking.

Prohibition of new indigenous coking furnace available indigenous coking period reconstruction.

37th people's Government at or above the county level and their coal management departments and other departments concerned should strengthen the supervision and management of coal mine work safety.

Article 38th safe production management of coal mine enterprise and long mining Bureau, Manager responsibility system.

39th Bureau of long, managers and heads of other major coal mining enterprises must comply with the relevant safety laws, regulations and safety regulations, regulations for the coal industry, strengthen the management of coal mine work safety, implementation of the safety production responsibility system and take effective measures to prevent the occurrence of injuries and other workplace accidents.

40th on employees in coal mining enterprises should carry out safety and training without a safety education, training, not posts.

Safety production of coal mine workers must comply with the relevant laws and regulations, coal industry rules, regulations and enterprise rules.

41st in mine operations, jeopardize life safety and emergency cannot be ruled out, site owner or security personnel shall immediately organize the workers to leave the dangerous scene, head of and report to the parties concerned. 42nd coal mining enterprises found administrative violation, forcing workers to work or production process found in major accident hazards, may endanger the safety of life, the right to make proposals for solving the problem, administrative aspects of coal mining enterprises must make a decision in a timely manner.

Enterprise Administration refuses to deal with the trade unions the right to criticize, impeach and accuse.

43rd coal mining enterprises must provide the workers with the necessary articles to guarantee safe production. 44th coal mining enterprises shall participate in the work-related injury insurance for the workers to pay industrial injury insurance.

Encourage enterprises to underground workers accident insurance and pays the insurance premium.

Article 45th coal mining enterprises to use the equipment, equipment, fire and security equipment, must conform to the State standards or industrial standards.
  Fourth chapter of coal

46th legally obtained coal production licenses of coal mining enterprise, the right to sell the production of coal.

47th to establish a coal trading enterprise, subject to the following conditions:

(A) its business to adapt to the size of the registered capital;

(B) a fixed place of business;

(C) has the necessary facilities and the sites of coal;

(D) that complies with the standards of measurement and quality testing equipment;

(E) in line with national requirements for rational distribution of coal enterprises;

(Vi) other conditions stipulated by laws and administrative regulations. 48th to establish a coal trading enterprise, shall be appointed to the State Council departments or provinces, autonomous regions and municipalities designated authority to apply designated by the State Council departments, or provinces, autonomous regions and municipalities designated by departments in accordance with the provisions of article 47th conditions and regulations of the State Council of management rights for qualification; eligible, be approved.

Applicant approval documents to the Administrative Department for industry and Commerce after the application for a license, shall not be engaged in the coal business. 49th coal trading enterprises in coal, shall comply with the provisions of relevant laws and regulations, improve service and ensure supply.

Banning all illegal business activities.

50th coal operators should reduce intermediate links, and cancel the unreasonable link between advocating conditional renewal of coal mine Enterprise direct sales. Customers and coal trading enterprises in coal sales areas are entitled to buy coal directly from coal mine enterprises.

In coal-producing regions to form coal marketing and transport services, for the medium and small coal-processing distribution, transport operations.

Prohibition of administrative organs in violation of State regulations establishes the coal supply intermediate and additional charges.

51st transport coal stations, ports and other transport enterprises shall not use their capacity to participate in the coal business, means to seek illegitimate interests.

52nd price administrative departments of the State Council in conjunction with the coal management departments and regulatory authorities on coal sales price. 53rd coal mining enterprises and coal trading enterprises supply the user of coal quality shall conform to the State standards or industrial standards, consistent quality level, quality and price match.

Users have special requirements for coal quality, stipulated by the contract of purchase and sale of both supply and demand in coal.

Coal mining enterprises and coal trading enterprises may not adulterate coal, shoddy.

54th coal mining enterprises and coal trading enterprises quality of coal supply users do not meet national or industrial standards, or does not conform to the contract or does not match the quality does not match the level, quality and price, causing loss to the user, shall be given compensation.

55th coal mining enterprises and coal trading enterprises, transport enterprises and customers should be in accordance with the law, the relevant provisions of the State Council or the contract supply, transport, and unloading of coal.

Forwarding agents ' transport enterprises shall put coal of different quality of packaging, and Marshall.

56th coal import and export in accordance with the provisions of the State Council, the unified management.

Qualified large-scale coal enterprises licensed by the competent foreign economic and Trade Department of the State Council according to law, the right to export coal.

57th coal management approach formulated by the State Council in accordance with the law.
  Fifth chapter of coal mining areas protection

58th no unit or individual shall not endanger the coal mining areas of electric power, communications, water resources, transportation and other production facilities.

No unit or individual from disturbing the coal mining area of production orders and work orders.

59th on the theft or damage of coal mining facilities, equipment, and other acts that jeopardize safety in coal mining area, all units and individuals have the right to report or accusation.

The 60th without consent of coal mining enterprises, no units or individuals may legally acquire land in coal mining enterprises on the land within the period of validity of planting, breeding, soil or the construction of buildings and structures.

61st without consent of coal mining enterprises, no units or individuals may occupy coal mine special railway lines, roads, private channel, private dock, power lines, dedicated water supply lines.

The 62nd article of any units or individuals in the coal mining region could jeopardize the work of coal mine safety, and shall obtain the consent of coal mining enterprises and coal management departments, and to take safety measures, work can be carried out.

Need to build in the coal mining area of public works or other works, shall give prior and after consultation and agreement of the coal enterprises, before construction.
  The sixth chapter, supervision and inspection

63rd coal management departments and the Department of coal mining enterprises and coal trading enterprises for the implementation of the laws and regulations of supervision and inspection.

64th coal management departments and departments of supervision and inspection personnel should be familiar with the laws and regulations, regarding coal expertise, integrity, and impartiality.

65th coal management departments and supervisors and inspectors of the relevant departments when conducting supervision and inspection, right of coal mining enterprises and coal trading enterprises or users learn more about the implementation of the laws and regulations, access to the relevant information, and the right of access to the site for inspection.

Coal mining enterprises and coal trading enterprises and users from carrying out supervision and inspection of coal management departments and departments of supervision and inspection personnel shall provide convenience.

66th coal management departments and departments of supervision and inspection personnel on the coal enterprises and coal trading enterprises that violate the laws and regulations of the Act, the power to require correction according to law.

Coal management departments and supervisors and inspectors of the relevant departments when conducting supervision and inspection, shall produce certificates.
  The seventh chapter legal liability

67th article violates this law provisions of 22nd, has not obtained the coal production license without authorization to engage in coal production, coal management departments shall be ordered to stop production, confiscate the illegal income, and may also be illegal gains more than 1 time fined not more than five times who refuses to stop production, enforced by local people's Governments at or above the county level to stop production.

25th of the 68th in violation of this law provides that transfer or lease of coal production licenses, coal production license revoked by the coal management departments, confiscate the illegal income and illegal gains more than 1 time fined not more than five times.

69th in violation of provisions of article 29th of this law, exploitation of coal resources do not meet the coal resources recovery rate of coal management departments of the State Council, managed by the coal sector rectification; late still amounted to less than the required recovery, coal production license revoked.

70th article violation this method 31st article of provides, unauthorized mining security coal column or used endanger adjacent coal mine production security of dangerous method for mining job of, by labor administrative competent sector with coal management sector ordered stop job; by coal management sector confiscated illegal proceeds, and at illegal proceeds 1 time times above five times times following of fine, revoked its coal production license; constitute crime of, by judicial organ law held criminal; caused loss of, law bear compensation responsibility.

48th of the 71st article violates this law provides, without approval of the review, and engaged in the coal business activities without authorization, the approving authority shall order to stop operating, confiscate the illegal income, and may also be illegal gains more than 1 time fined not more than five times.

53rd of the 72nd article violates this law stipulates that adulterate coal product, shoddy, shall be ordered to stop selling, confiscate the illegal income and illegal gains more than 1 time fined not more than five times, coal production license revoked or canceled coal operators qualification constitutes a crime, shall be investigated for criminal responsibility by judicial organs.

60th of the 73rd article violates this law provides, without consent of coal mining enterprises, in coal mines during the effective period of the Enterprise shall obtain land use rights on the land to construct buildings or structures, mobilized by the local Government removed refuses to dismantle, ordered removed.

61st of the 74th article violates this law provides, without consent of coal mining enterprises, take up coal mine enterprises of railway lines, private road, private channel, specialized terminals, electric power lines, private water supply pipeline, the local people's Governments at or above the county level shall order correction within; it fails to force clear, may be fined not more than 50,000 yuan; losses caused shall bear liability.

75th in violation of provisions of the 62nd article of this law, without approval or failed to take safety measures, threatening in the coal mining area of coal mine safety, coal management departments shall be ordered to stop operations, may be fined not more than 50,000 yuan; losses caused shall bear liability.

76th under any of the following acts, by the public security organs in accordance with the relevant provisions of the law constitutes a crime, the judicial organs shall investigate the criminal liability:

(A) obstruct coal mine construction, construction of coal mines go on smoothly;

(B) wilful damage to the coal mining areas of electric power, communications, water, transport and other facilities;

(C) disrupt order in coal mining area, resulting in production, the work is not carried out properly;

(D) refuses or obstructs the inspectors carry out their duties according to law.

77th article does not meet the conditions prescribed by this law of coal mine enterprises to issue coal production license or does not meet the conditions specified in this law to establish a coal trading enterprise to be approved and monitored by the competent organ or organs shall be ordered to correct, and managers directly responsible and other persons directly responsible for administrative sanctions constitute a crime, shall be investigated for criminal responsibility by judicial organs.

78th coal enterprise management staff illegal command, forcing employees to work, major accident occurred, investigated for criminal responsibility in accordance with the relevant provisions of the criminal code.

79th coal mining enterprises of coal mine accidents, the managers of not taking measures to eliminate, a major accident, investigated for criminal responsibility in accordance with the relevant provisions of the criminal code.

80th coal management departments and dereliction of duty, favoritism, abuse of the relevant departments, shall be given administrative sanctions constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
  The eighth chapter supplementary articles 81st article this law shall enter into force on December 1, 1996.

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