Administrative Measures On Enterprises With Foreign Investment In Mineral Exploration

Original Language Title: 外商投资矿产勘查企业管理办法

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Administrative measures on enterprises with foreign investment in mineral exploration (July 18, 2008 the Ministry of Commerce, the Ministry of land and resources announced on August 20, 2008, 2008 4th execution) opening to the article to further expand mineral exploration areas, regulate the approval and management of enterprise with foreign investment in mineral exploration, in accordance with the People's Republic of China Law on Sino-foreign joint ventures and the People's Republic of China Chinese-foreign cooperative ventures, the People's Republic of China Law on foreign-funded enterprises, the People's Republic of China mineral resources Act and any other law,

    Administrative rules, these measures are formulated.

    Article mentioned in these measures refers to enterprises with foreign investment in mineral exploration in accordance with the relevant laws in China engaged in registration (except for the oil, gas, coal-bed gas, the same below) enterprises with foreign investments on exploration investment and related activities.

    Third foreign firms, individuals or other economic organizations (hereinafter referred to as foreign investors) sole proprietorship or with Chinese enterprises and other economic organizations (hereinafter referred to as Chinese investors) joint venture, cooperation, establishment of enterprises with foreign investment in mineral exploration in China, comply with these measures.

    Registered in China according to law to engage in business activities of the geological prospecting units can be used as Chinese investors.

    Fourth foreign investment in mineral exploration enterprises shall observe People's Republic of China laws, administrative regulations and the relevant regulations, its mineral exploration activities and the legitimate rights and interests protected by the laws of China.

    Countries to encourage mineral exploration experience or mining financing ability of foreign investors to invest in mineral exploration activities, to encourage foreign investment in mineral exploration companies engaged in mineral exploration activities using high-tech means, to encourage foreign investment in mineral exploration companies play an active role in the sustainable development of mining industry.

    Article at all levels of Business Department, land and resources administrative departments according to law on foreign investment in mineral exploration business activity monitoring and management.

    Article sixth of Chinese investors can legally own the right of exploration and geological exploration data associated with the exploration rights as investment or conditions for cooperation.

    Formed by Chinese investors in State-financed exploration rights as investment or conditions for cooperation, and should comply with the relevant requirements.

    Article seventh belongs to the catalogue of industries for guiding foreign investment limits foreign investment in mineral exploration enterprises set up by the Ministry of Commerce approval and management of other mineral exploration companies from various provinces, autonomous regions, municipalities and cities with municipal departments in charge of Commerce (hereinafter referred to as the provincial Commerce authorities) responsible for approval of establishment and management.

    Eighth establishment of enterprises with foreign investment in mineral exploration, you should submit the following documents to the commercial administrative departments:

    (A) the application;

    (B) the project feasibility study report signed by all investors;

    (C) the contract and articles (a foreign invested Enterprise only submit articles);

    (D) the list of Board members and directors appointed;

    (E) the business name approval notice issued by the industrial and commercial administrative organs;

    (F) the registration document of the foreign investors and the credit documents;

    (G) conditions for Chinese investors in exploration investment or provide cooperation, exploration exploration rights are required to establish and put into the situation description, rights of prospecting and exploration licenses and copies of the evaluation report;

    (H) foreign investors the operating instructions;

    (I) the approval authority for the requirement of other files.

    Feasibility study of the project, apart from the basic situation of the project, exploration technology, economic efficiency, utilization of resources, environmental protection, safety, security, human resources fully elaborated.

    Nineth an application for establishing a foreign-invested mineral exploration enterprises shall comply with the provisions of laws and administrative regulations relating to foreign investment, and in accordance with the following procedure:

    (A) submission to competent provincial Commerce Department documents provided for in article eighth of this approach. (B) the provincial-leveled Commerce departments within 5 working days of receipt of the entire Declaration documents to seek land and resources management departments at the same level, land and resource management agreement, provincial Commerce Department shall, within 45 working days to agree or disagree with the decision, after examination and approval, the foreign invested Enterprise approval certificate issued; were rejected, state the reason in writing.

    Under this approach the seventh article and other foreign investment laws and regulations shall be approved by the Ministry of Commerce, provincial Commerce authorities should declare the file at first instance and within one month upon receipt of all filing directly reported to the Ministry of Commerce.

    (C) the Commerce Department within 5 business days of receipt of the entire Declaration documents for Ministry of land and resources comments, approval of the Ministry of land and resources, the Ministry of Commerce shall 45 working days to agree or disagree with the decision, after examination and approval, the foreign invested Enterprise approval certificate issued; were rejected, state the reason in writing.

    (D) Chinese investors for exploration rights as investment or conditions for cooperation, business sector should seek the views of military authorities.

    Article the applicant shall within one month from the date of receipt of the certificate of approval, certificate of approval by the foreign investment enterprises, formalities to register with the Administrative Department for industry and commerce. 11th mineral exploration enterprises with foreign investment shall be in accordance with relevant regulations of the State and foreign-invested Enterprise approval certificate and business license applications for exploration licenses to the land and resource management.

    Legally established foreign-invested enterprises according to the survey of mineral exploration project applications for exploration licenses, apply for a prospecting permit without the limitation of the registered geographical scope.

    Made outside the domicile of the enterprise with foreign investment in mineral exploration in the exploration license for the enterprise according to the exploration project, according to law to register with the Administrative Department for industry and Commerce Branch. 12th foreign-invested mineral exploration companies with exploration projects in progress for additional total investment and registered capital, in addition to the examination and approval authorities shall submit the relevant legal documents, should also increase application for replenishment purposes, funding, operations, exploration permits and payment of the relevant fee description. Approval authority shall upon receipt of all application documents for funding within 45 days to approve or disapprove the decision.

    Not approved, shall state the reasons in writing.

    Exploration of enterprise with foreign investment prospecting after the capital increase to change the original design, design after the change should also be submitted to the original exploration of registration authorities for approval.

    13th Sino-foreign cooperative exploration interests of enterprises should be in accordance with the agreed distribution, engaged in two or more exploration projects, can be separately agreed allocation rights. 14th Chinese investor is State-owned geological prospecting units, such as its geological exploration Unit holds exploration rights as investment or conditions for cooperation, should provide the geological exploration units subordinate official signed and stamped letter of consent.

    Exploration right held by State-owned geological prospecting units to be as investment or conditions for cooperation, should be submitted to the competent authorities agree to transfer files.

    15th enterprise with foreign investment prospecting in geological exploration qualifications apply for and obtain a certificate, may engage in geological exploration activities commensurate with qualification.

    16th foreign-invested mineral exploration enterprises shall in each year submit to the approval authority in writing before March the following conditions:

    (A) the exploration of (and to the exploration approval authorities for the record);

    (B) the tax paid;

    (C) environmental protection;

    (D) land use;

    (E) participation in the joint annual inspection of foreign-invested enterprises.

    17th mineral exploration enterprises with foreign investment shall be in accordance with relevant regulations of the State, and foreigners are only allowed to enter the area to engage in exploration activities.

    18th for his work in the territory of China by foreign investors in mineral exploration results in overseas listing should be listed to the Ministry of Commerce, Ministry of land and resources in writing for the record.

    19th enterprise with foreign investment in mineral exploration of the transfer of mineral exploration right article should be related to land and resource management to the Department for examination and approval procedures in accordance with law, and to the commercial sector for the record.

    20th foreign-invested mineral exploration enterprises found to be mined mineral resources, its main mineral with the catalogue for the guidance of foreign investment industries, intended to make their own mining, according to state regulations, apply for a mining permit in accordance with law, and to the original examination and approval organ for change management scope, after approval, the industry and commerce administration departments to apply for registration of change.

    21st enterprise with foreign investment in mineral exploration investor can legally established foreign invested enterprise engaged in mining and prospecting right transfer formalities according to law, or directly by the above foreign invested enterprise engaged in mining law to obtain mining permits.

    22nd enterprise with foreign investment in mineral exploration known mineral species belonging to the catalogue for the guidance of foreign investment industries provide foreign exploration and exploitation are prohibited, exploration right to transfer reserves of associated mine belonging to foreign exploration and exploitation are prohibited, foreign investors and the main mineral exploration and exploitation in conjunction, after approval by the Ministry of land and resources and the Ministry of Commerce, according to the provisions of the corresponding registration.

    23rd Taiwan, Hong Kong S.A.R. and Macau S.A.R. investors establish mineral exploration enterprises in the Mainland, in accordance with the measures implemented.

    24th article this way by the Ministry of Commerce, Ministry of land and resources within their respective areas of competence to interpret. 25th article this way come into force on August 20, 2008.

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