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Interim Provisions On Shanxi Province On Public Transfer Of Mining Rights

Original Language Title: 山西省矿业权公开出让暂行规定

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(Prelease No. 164 of the People's Government Order No. 164 of 4 July 2003)

Chapter I General
Article 1 establishes this provision in accordance with laws, regulations and regulations such as the People's Republic of China Mines Resources Act, the Mining Resources Survey Scheme and the Mineral Resources Exploitation Registration Management Approach.
Article 2 applies to the provision of the right to make mining publicly available within the territorial administration.
Article 3 states that the right to mining includes the right to prospecting and mining.
Article IV gives the right to mining openly to tenders, auctions and walls.
Article 5. The right to mining should be made publicly, fair, fair and honest.
The right to open mining should be based on national industrial policies and mineral resource planning and be carried out in conjunction with market demand.
Article 6
The lower-level authorities make the right to mining publicly available for approval or clearance by the superior authorities and for supervision by the superior authorities.
The authorities of the people at the district level should perform their duties under the law, legislation and regulations.
The right to open mining of coal and large metals is subject to the approval of the Provincial People's Government.
Article 7 provides new mining rights in an open manner, with the exception of national investment and survey projects using provincial mineral resources compensation.
The new mining power should be made public by:
(i) The State's contribution to the survey of mining sites;
(ii) Mining from mineral land;
(iii) The mineral land without the right to mining.
Article 8. Before the right to mining is open, the competent authorities should entrust the assessment of the quality of the mining power assessment, except for small rivers and bricks.
The assessment results were confirmed by the competent authorities as a basis for the open tendering or floor of the mining power.
Article 9 allows for the acquisition of a moderate, competitive owner of the right to coal mining by means of public concessions, and may choose to apply for a survey licence or mining licence.
The right to prospecting and mining of coal should be used in the same assessment methodology.
Chapter II
Article 10 refers to the invitation by the competent authorities to solicit tenders or invitations to tenders in a manner consistent with the qualifications of the mining owner, a non-specified or specific legal, natural or other organization, to determine the activities of the marker in the mining power, in accordance with the outcome of the tender.
Article 11. The mining power solicitation authority shall issue a notice of tendering or issue invitations to tender.
The solicitation notice or the invitation to tender shall include the following:
(i) The name and address of the competent authority;
(ii) The scope of mining rights (zone blocks), geological mining profiles, and size of reserves;
(iii) Access to solicitation documents;
(iv) The qualifications of the bidder;
(v) The amount of the performance bond and the time of payment;
(vi) Times, venues for tendering and review of qualifications;
(vii) The deadline for tendering and the location of tenders;
(viii) Other matters as set out.
The competent authorities should determine the reasonable time necessary for the preparation of tender documents by the bidder, but the shortest period of less than 30 days from the date of the issuance of the solicitation documents.
Article 12 The competent authorities shall establish a committee on the review of the qualifications of tenderers. Where necessary, the Quantification Review Committee may involve relevant sectoral experts such as coal.
Article 13. The bidder completes the tender and, after the seal, makes tenders and delivers the tender securities.
One of the following cases is the non-validity of tenders:
(i) More than the deadline for tendering;
(ii) The lack of key elements of the tender, the incomplete annex to the mark and the veracity of the scripts;
(iii) Authorization of an act of another person but not in accordance with the provisions;
(iv) Repetitive tenders;
(v) Removal of tenders;
(vi) Laws, regulations and regulations stipulate other circumstances of invalidity.
Article 14. The opening shall be made public at the time specified in the solicitation documents. The opening of tenders was chaired by the competent authority and invited all bidders to participate.
The opening process should be recorded and archived.
At the time of the opening of tenders, the bidder or its elected representatives check the seals of the tender documents, or the public certificates commissioned by the competent authorities; and, after confirmation of error, the staff member is removed, reading the name of the bidder, the tender price and other key elements of the solicitation documents.
Article 15. The evaluation shall be the responsibility of the evaluation committee established by the competent authorities. The Committee is composed of representatives of the competent authorities and experts in technical, economic and social fields, with more than five members, of which experts in technical, economic and other fields may not be less than two thirds of the total membership.
The list of the members of the evaluation committee must be confidential before the publication of the outcome.
The Commission shall evaluate and compare the tender documents in accordance with the criteria and methodology established in the solicitation documents. Upon completion of the evaluation, the evaluation board shall submit a written evaluation report to the competent authorities and recommend qualified candidates.
The competent authority shall determine the bidder in accordance with the written evaluation report and the suggested successful candidates, as presented by the Committee, or authorize the evaluation committee to direct the identification of the bidder.
Article 16, after the determination of the marker, the competent authorities shall enter into a letter of confirmation and a mining right solicitation and, within the time frame of the agreement, process the registration process.
Chapter III
Article 17 states that the mining rights auction referred to in this article refers to the publication by the competent authorities of a notice of the auction, which is openly competing for the designated time, place in accordance with the terms of the mining applicant's qualifications, giving the mining power to the activities of the highest collateral.
Article 18 The authorities of the mining rights auction shall issue a notice of the auction by 20 days of the auction.
The auction should include the following:
(i) The name and address of the competent authority;
(ii) The scope of mining rights (zone blocks), geological mining profiles, and size of reserves;
(iii) The qualifications of competing buyers;
(iv) Access to auction documents;
(v) The time, place and competitive manner of the auction should be specified;
(vi) Identify ways to compete;
(vii) The amount of the performance bond and the time of payment;
(viii) Other matters requiring notice.
Article 19 should be established by the competent authorities to review the qualifications of competing buyers. Where necessary, the Quantification Review Committee may involve relevant sectoral experts such as coal.
Article 20 makes the auction less expensive and the best value of the buyer should not be realized.
Article 21, after the auction was delivered, the competent authorities should enter into contracts with the competitionee, in accordance with the relevant provisions, for the purpose of signing a letter of confirmation and a mining rights auction, and for the duration of the agreement.
Chapter IV
Article 22 states that the title of the mining right is a notice by the competent authorities to accept the purchaser's request for quotations and to update the price of the wall, and to determine the activities of the mining owner in accordance with the results of the award period.
Article 23, the authorities of the mining authority should issue a notice of the wall by 20 days of the start of the wall.
The announcement should include the following:
(i) The name and address of the competent authority;
(ii) The scope of mining rights (zone blocks), geological mining profiles, and size of reserves;
(iii) The qualifications of competing buyers;
(iv) Ways to obtain the documents of the wall;
(v) The time, location, start-up, incremental rules, incremental prices, etc. should be given special declarations;
(vi) Identify ways to compete;
(vii) The amount of the performance bond and the time of payment;
(viii) Other matters requiring notice.
Article 24 shall not exceed 10 working days. During the wall, the competing buyer could offer several times.
Article 25 Competent buyers have higher prices and have the highest prices, or competing buyers who have submitted the same offers are competing for their bids, with the exception.
At the end of the wall, there were no competing purchases or competing buyers with less than the floor, and the walls were not delivered.
Article 26, after the departure of the name, the competent authority and the owner shall enter into a contract in accordance with the relevant provisions and shall be registered within the agreed time frame.
Other provisions of chapter V
Article 27 shall apply for a survey licence or mining licence to a mining registry authority within the time frame agreed by the contract, after the successful bidder, a competing owner enters into a contract with the competent authority. Subsidiaries, competing claimants, who had not applied for registration procedures to the mining rights registry administration, were considered automatically abandoned.
The bids paid by the moderate, competing owner, the secured bonds, may be credited to the mining price. Other bidders, competing buyers paid tenders, competing buyers, and the authorities are required to refund them within five working days after the open solicitation.
Twenty-eight markers, competing claimants should pay a lump sum of openly paid mining rights prior to the receipt of a survey licence, mining licence; a higher amount of the mining power price, with the consent of the competent authorities, which may be paid in accordance with the relevant provisions of the State, but for the first time payment shall not be less than 30 per cent.
Subsidiaries, competing claimants do not pay the mining price as agreed, and the authorities may recover the mining power in accordance with the law.
The competent authorities are not required to conduct a survey licence or a mining licence, which may apply to administrative review or administrative proceedings in accordance with the law.
Article 29 of the right to mining is vested in full, with specific management and use methods implemented in accordance with the relevant provisions of the State.
Chapter VI Legal responsibility
In violation of this provision, a moderate and accompanied person has one of the following acts, moderate tenders, competition guarantees are not returned, resulting in loss and liability under the law. The authorities may impose administrative penalties on the responsible person in accordance with the law.
(i) Provision of false documents to conceal the facts;
(ii) Hygiene collation;
(iii) Bribery to competent authorities or to the Commission and its members;
(iv) Bemarked or competing in other illegal means.
When a marker, a competing owner receives a survey licence or a mining licence, the investigation or construction shall be conducted in accordance with the relevant provisions. In violation of the provisions of the law, which are not subject to a period of investigation or construction, is dealt with by law; in serious circumstances, the licence or mining licence is revoked by law.
Article 32, in violation of this provision, assesses the financial or other benefits of the bidder or discloses to others the extent of the tender or other relevant circumstances, by the competent authorities the qualifications of the members of the evaluation committee; constitutes a crime and is criminally criminalized by law.
In violation of this provision, the staff of the competent authorities have, in an open manner, toys negligence, abuse of their functions, provocative fraud, have not been criminalized by law, and are criminalized by law.
Chapter VII
Article 34 of this provision provides for the prospecting of coal obtained through administrative approval prior to the implementation of the provision for mining rights in the event of an exploration of an extractive mine in its effective period, with priority being given to the right to mining and no way to make public concessions, subject to the payment of a certain price for mining.
Article XV Transfers of mining rights by the mining owner are governed by the Prospects Transfer Management Scheme issued by the State Department.
Article XVI of the Ministry of the People's Government's Land Resources Administration may establish rules for implementation in accordance with this provision.
Article 37