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	PROVISIONS ON THE ADMINISTRATION OF OBTAINING THE LETTER OF APPROVAL FOR MINING OF GOLD MINERALS

	(Order of the National Development and Reform Commission (No.6), December 17, 2003: In order to strengthen the administration on mining of gold minerals, protect the mineral resources of our country, and earnestly implement the relevant provisions of the Law of the People's Republic of China on Mineral Resources and the Measures for the Administration on Registration of Mining of Mineral Resources, the National Development and Reform Commission hereby formulates the "Provisions on the Administration of Obtaining the Letter of Approval for Mining of Gold Minerals", which shall be implemented as of January 1, 2004)


SUBJECT : MINING OF GOLD MINERALS
ISSUING DEPARTMENT : THE NATIONAL DEVELOPMENT AND REFORM COMMISSION
ISSUE DATE : 12/17/2003
IMPLEMENT DATE : 01/01/2004
LENGTH : 695 words
TEXT :

Article 1. The present Provisions are hereby formulated in accordance with the provisions of Article 17 of the Law of the People's Republic of China on Mineral Resources and Article 5 of the Measures for the Administration on Registration of Mining of Mineral Resources (Order No. 241 of the State Council), for the purpose of strengthening the administration on mining of gold minerals and protecting the interests of the state for mining of minerals.

Article 2. The mining of gold minerals shall be subject to the examination and approval of the National Development and Reform Commission (hereinafter referred to the NDRC). The mining may not be carried out until the letter of approval for mining of gold minerals, which is issued by the NDRC, has been obtained.

Article 3. Applicants for mining of gold minerals shall earnestly fill out the Application for Mining of Gold Minerals, and submit the following materials:

(1) Documents of application for mining of gold minerals;

(2) Normal map specifying the scope of the mining areas;

(3) Construction basis, certificate of recording for appraisal of the report on geological reserves or documents of examination and approval and determination on the report of geological reserves;

(4) The report on environmental impact appraisal for the projects, which is approved by the department of environmental protection;

(5) Where there is any dispute regarding the boundary of mining areas applied for, the agreement on the boundary of mining areas judged by the relevant departments shall be attached; and

(6) Where a company mines the gold minerals in the form of stock company, the contract and the articles of association of the company, and the documents of approval for its establishment by the relevant departments shall be provided.

Article 4. The NDRC shall make examination on the relevant documents submitted by the applicants for mining of gold minerals. If the application documents are incomplete or do not conform to the relevant requirements, The NDRC shall notify the applicants once on the spot or within five days of all the contents that should be supplemented.

Article 5. Where the application documents of an applicant are complete and conform to the relevant requirements, the NDRC shall make decisions on whether to approve the applicant to mine the gold minerals or not within 20 days from the date of accepting the application. If it is unable to make a decision within 20 days, the NDRC may extend 10 more days upon the authorization of the responsible person of the respective administrative department, and notify the applicant of the reasons for extension of the time limit.

Article 6. The period of validity of the Letter of Approval for Mining of Gold Minerals shall be determined according to the following scales of mines:

(1) Where the daily disposal of ores is over 500 tons, the period of validity shall be 15 years;

(2) Where the daily disposal of ores is 100 to 500 tons, the period of validity shall be 10 years; and

(3) Where the daily disposal of ores is less than 100 tons, the period of validity shall be five years.

Where the period of validity of a mine expires, and there is necessity to continue to exploit the mines, the applicant shall apply in time for going through formalities for continuing to exploit 30 days before the expiration of the period of validity.

Article 7. In case the gold minerals being mined are exhausted, the relevant enterprises shall go through write-off formalities at the NDRC and return the Letter of Approval for Mining of Gold Minerals.

Article 8. The NDRC shall print uniformly the Application for Mining of Gold Minerals, and the Letter of Approval for Mining of Gold Minerals, no one may forge, lease, lend or transfer them.

Article 9. The interpretation of the present Provisions shall remain with the NDRC.

Article 10. The present Provisions shall be implemented as of January 1, 2004, and the Notice on Printing and Distributing the "Relevant Provisions on Obtaining the Letter of Approval for Mining of Gold Minerals" (No. 161 [2000] of the State Economic and Trade Commission) of the former State Economic and Trade Commission shall be repealed simultaneously.