Application and Handling of Mineral Prospcecting/Exploitation rights Transfers

i)There are several tasks that need to be completed by the mineral prospecting/exploitation Rights Holder prior to the transfer application

The assignee of mineral prospecting and exploitation rights transfer should be in line with the conditions of the applicant for mineral prospecting and exploitation rights, formulated by measures regarding regional registration of mineral resources exploration or measures on registration of mineral resources exploitation.

State-owned  mining  enterprises  should  subject to the approval of the departments in charge of mining enterprise before application for mineral exploitation rights transfer

Evaluation and confirmation of mineral prospecting/exploitation rights must be implemented when transfers of such rights are generated from government invested situations.

ii) Application Documents to be submitted for the Transfer of Mineral Prospecting/Exploitation Rights

    (1)Transfer application letter;

    (2)Transfer contract signed by the assignor and assignee;

    (3)Certification document to prove the assignee's qualifications;

    (4)Certification document to prove the assignor's transfer qualifications;

    (5)Report on status of mineral resources exploration or exploitation;

    (6)Approval document to indicate the relevant authorities' consent in case the transfer of mineral prospecting/exploitation rights is from a state-owned enterprise;

    (7)Other related documents required by the examination and approval authorities for mineral prospecting/exploitation rights transfer.

iii) Handling the Application for Mineral Prospecting/Exploitation Rights Transfer

The  examination  and  approval  authorities  shall  make decisions concerning approval of such transfers within 40 days  of  receiving  the  transfer  application,  if  the abovementioned application documents have been submitted by the applicant for exploration/mining rights transfer and comply with  relevant  requirements.  If the  application documents submitted by the applicant are not in compliance with the relevant requirements, such applications will not be accepted or handled and the documents will be returned to the applicant.

Registration of Revisions to Exploration/Mining Rights Transfers

The assignor and assignee of the mineral prospecting/exploitation rights shall go through such revision registration formalities with the original license issuer within 60 days of receiving the transfer approval notice. The assignee shall obtain the new exploration license or mining license after having paid, the related fees according to the relevant state regulations.

Procedures for the Transfer of Mineral Prospecting Exploitation Rights (see Figure 3-2 for details)