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	REMISSION MEASURE FOR CHARGES OF MINERAL EXPLORATION RIGHT AND MINING RIGHT

	(Decree No. 174 [2000] of the Ministry of Land and Resources promulgated on June 6, 2000 and implemented as of the same day)


SUBJECT : MINERAL EXPLORATION RIGHT AND MINING RIGHT
ISSUING DEPARTMENT : MINISTRY OF LAND AND RESOURCES OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 06/06/2000
IMPLEMENT DATE : 06/06/2000
LENGTH : 624 words
TEXT :

Article 1. For the purpose of encouraging mineral exploration and mining, this Measure is stipulated pursuant to the Measures for Registration and Administration of Exploring Fields and the Measures for Registration and Administration of Mining.

Article 2. The owner of or applicant for exploration right or mining right who has obtained such right according to the PRC Law of Minerals Resources and its collocating regulations may apply to the governing registration and administration authorities (hereinafter "registration authorities") for reduction or exemption from exploration or mining right charges pursuant to this Measure.

Article 3. In the west areas of China, in the remote, poor areas and the seas that are designated by the State Council, the applicants may apply for remission of exploration and mining charges given that they are engaged in the following exploring and mining business:

(1) for the country's deficient mineral resources;

(2) searching for substitute resources by large and medium-sized mineral enterprises;

(3) to enhance comprehensive utility level by applying new technique and new method (including the exploration for minerals of low-quality and difficult to smelt, utilization of remaining minerals in old mining fields); and

(4) other activities designated by the geology and mineral authorities of the State Council and the finance departments.

The Ministry of Land and Resources shall determine and promulgate the list for deficient mineral resources.

Article 4 .The remission margin of exploration and mining charges shall be approved as follows:

(1) exploration right charges: exemption for the first exploring year, 50% reduction for the second and third years and 25% reduction for the fourth to the seventh years; and

(2) mining right charges: exemption for the period of basis mining construction and the first year of operation; 50% reduction for the second and third years after operation; 25% reduction for the fourth to the seventh years; exemption for the year of closure.

Article 5. The remission of exploration and mining charges shall be approved by a two-level system.

The remission for those exploration and mining that are approved, registered and licensed by the geology and mineral administrative authorities of the State Council shall be approved by the above authorities, and put on record in the finance departments of the State Council.

The remission for the exploration and mining that are approved, registered and licensed by the geology and mineral administrative authorities at or below provincial level shall be approved by the geology and mineral administrative authorities at provincial-level.

The geology and mineral administrative authorities at provincial-level shall submit the relevant approval files to the upper-level registration organs and finance departments for record.

Article 6. The investor who applies for remission shall fill in the application forms within ten days after receiving of notice to draw mineral right certificate, then submit the forms to mineral rights registration authorities for approval, and send a duplicate to the finance department at the same level. The mineral right registration authorities shall decide whether to remit the charges or not within ten days after receiving the application and notify the applicant accordingly. The applicant shall go through the procedures of payment, registration and drawing licenses of exploration and mining with the approval files.

Article 7. The payment for exploration and mining charges collected before the promulgation of this Measure shall not be remitted or refunded.

Article 8. The principles of this Measure shall apply to the foreign-invested exploration and mining except otherwise provided by state regulations.

Article 9. For the mineral exploration and mining in the People's Republic of China and its governing sea areas, when such operation is influenced by force majeure such as natural calamity, the operator may apply for charge remission during the period of force majeure.

Article 10. This Measure shall come into force as of the promulgation date.