On January 9, the Ministry of Natural Resources issued the Rules for the Transfer and Transaction of Mining Rights (hereinafter referred to as the "Rules"). The Rules clarify the contents covered by the announcement of the transfer of mining rights, the form and process of the transaction, the confirmation and suspension of the transaction, the applicable circumstances of the termination, the contents of the announcement of the transaction results, the supervision of the transaction, the liability for breach of contract and the settlement of disputes. It is reported that the Rules will come into effect from the date of issuance and will be valid for five years. It should be noted that the Rules are the No.1 document issued by the Ministry of Natural Resources in 2023.
From the point of view of the transfer announcement related to the transaction, the Rules clearly stipulate that if the mining right is transferred by means of bidding, auction and listing, the trading platform shall issue the transfer announcement on the basis of the relevant materials provided by the transferor, and the content of the transfer announcement shall include the name, residence of the transferor and the trading platform, and the brief information of the mining right to be transferred. Including project name, minerals, geographical location, coordinates of turning point scope, area, resource reserves (degree of exploration work), mining elevation, proposed transfer period, resource development and utilization, multi-objective management, dynamic management requirements of the whole process of development, as well as land reclamation, mine geological environment protection and restoration, marine ecological environment protection and other 11 aspects.
The trading platform or the competent department of natural resources shall issue the transfer announcement simultaneously on the portal website of the natural resources department, the portal website of the competent department of natural resources at the same level (or the people's government), the trading platform website and the trading hall.
In addition, the Rules also indicate that the transfer of mining rights by means of bidding, auction or listing shall be announced 20 working days before the deadline for bidding, the date of public auction or the starting date of listing. During the issuance of the
transfer announcement, if the content of the announcement changes, the transfer announcement shall be re-issued or changed according to the original channel. Where major changes in minerals, scope and transfer period are involved, the deadline for bidding, the date of public auction or the starting date of listing shall be postponed in accordance with the time requirement of 20 working days.
From the perspective of transaction form and process, the Rules clarify the requirements and standards of process bidding. The trading platform shall accept the written application of the bidder or the bidder according to the time, place and manner specified in the announcement. Bidders or bidders shall provide valid certification materials that meet the qualifications of the transferee of mining rights, and shall be responsible for their authenticity and legality. Bidders or bidders who meet the qualifications of the announced transferee shall obtain the trading qualification after written confirmation by the trading platform. The trading platform shall organize the transaction according to the time and place determined by the announcement, and notify the transferor and the bidder or bidder in writing to participate.
The Rules point out that the number of bidders for each bid shall not be less than three for the transfer of mining rights by tender. If there are less than three persons, the transferor shall stop bidding, reorganize or choose other ways of trading in accordance with the relevant provisions. Where the mining right is transferred by means of bidding, auction or listing, the base price of bidding, auction and listing shall be determined by the transferor in accordance with the relevant provisions of the State before the opening of the tender, before the auction or before the expiration of the listing period. The base price of
tender, auction and listing shall be kept confidential and shall not be changed before the end of the transaction. If there is no bottom price for auction, it shall be explained before the bidding begins; if there is no bottom price for listing, it shall be explained on the starting day of listing. Tendering and bidding activities shall be organized in accordance with the Tendering and Bidding Law and the Regulations on the Implementation of the Tendering and Bidding Law, and the winning bidder shall be selected comprehensively. For the transfer of mining rights by auction, auction activities shall be organized in accordance with the Auction Law. During the
listing period, the trading platform shall announce the initial listing price, price increase rules, listing time, etc. On the starting date of listing; the bidder shall fill in the quotation sheet within the listing time. If the quotation is the same, the first quotation shall be the effective quotation; the trading platform shall update the listing price after confirming the effective quotation. At the expiration of the listing period, the highest quotation and its bidder shall be announced, and the bidder shall be asked whether he is willing to continue bidding. If the bidder is willing to continue bidding, the bidder shall be determined through time-limited bidding. The listing time shall not be less than 10 working days. At the end of the
auction bidding and the expiration of the listing period, the trading platform shall determine whether the transaction is concluded in accordance with the following provisions: 1. If there is only one bidder's quotation within the listing period and the quotation is not lower than base price, the listing is concluded. 2.
From the perspective of transaction confirmation, suspension and termination, the Rules specify that if the bidding is concluded, the trading platform shall issue a notice of winning the bid on the day when the winning bidder is determined, and notify all unsuccessful bidders of the result of winning the bid at the same time; if the auction or listing is concluded on the spot, the confirmation of the transaction shall be signed on the spot; If an online auction or listing transaction is completed, if the conditions for signing an online transaction confirmation letter are met, the transaction confirmation letter shall be signed immediately after the transaction, and if the conditions are not met, the transaction confirmation letter shall be signed at the trading platform within five working days after the end of the transaction. The circumstances
involving the suspension of the transaction are as follows: 1. During the period of public announcement, it is found that the dispute over the ownership of the transferred mining rights has not been resolved; 2. The winning bidder or bidder fails to perform the administrative penalty for the illegal act of mineral resources within the time limit; 3. After the reasons for the suspension of the transaction of the transfer of mining rights are eliminated, the transaction shall be resumed in a timely manner. The circumstances
involving the termination of the transaction include: 1. The transferor proposes to terminate the transaction due to major changes in the relevant policies and regulations and the objective conditions on which the transfer of the mining right is based; 2. The transaction shall be terminated due to force majeure; 3.
If the transferor needs to suspend, terminate or resume the transfer of mining rights, it shall issue written opinions to the trading platform. If the trading platform proposes to suspend, terminate or resume the transfer of mining rights, it shall issue a written opinion, which shall be verified and approved by the transferor. The trading platform shall issue a notice of suspension, termination or resumption of trading in a timely manner.
From the point of view of the announcement of the transaction results, the Rules specify that if the transaction of transferring mining rights by means of bidding, auction or listing is concluded, the trading platform and the competent department of natural resources shall publicize the transaction results, and the main contents of the publicity shall include: 1. The name and domicile of the winning bidder or bidder; 2. The time and place of the transaction; 3. Brief information on the exploration block, area and mining scope that won the bid or bid; 4. The transaction price of the mining right; 5. The time limit for applying for the registration of the mining right; 6. The ways and means for raising objections to the contents of the publicity; 7.
Where the mining right is transferred by agreement, the competent department of natural resources shall publicize the relevant information after accepting the application for the transfer of the mining right by agreement. The main contents to be publicized shall include: 1. the name and domicile of the transferee; 2. the name of the project or the name of the mine; 3. the scope of the mining right to be transferred by agreement (including the coordinates, the mining elevation and area of the mining right) and the geographical location; 4. the exploration and mining of minerals and the mining scale; 5. the circumstances and reasons for conforming to the provisions of the transfer by agreement; 6. Ways and means to raise objections to the publicity content; 7.
Where the transfer of mining rights by means of bidding, auction or listing is concluded, the trading platform shall publicize the information within five working days after the issuance of the notice of winning the bid or the signing of the confirmation of the transaction, and where the transfer of mining rights by means of bidding, auction or listing is concluded, the publicity information shall be published simultaneously on the following platforms: 1; 2. the portal website of the competent department of natural resources (or the people's government) at the same level; 3. the trading platform website and trading hall; 4. where the mining right is transferred by agreement, the publicity information shall be published simultaneously on the following platforms: 1. the portal website of the natural resources department; 2. the portal website of the competent department of natural resources (or the people's government) at the same level; 3. the publicity period shall not be less than 10 working days. If
the Rules make it clear that the trading platform really needs to collect relevant service fees, it shall report to the local price authorities for approval in accordance with the provisions, and make public the charging standards. Where the mining right is transferred by means of bidding, auction or listing, if there is no objection to the publicity of the transaction information of the transfer of the mining right, the transferor and the winning bidder or the bidder shall sign a contract for the transfer of the mining right in accordance with the notice of winning the bid or the confirmation of the transaction. The contract for the assignment of the
mining right shall include the following basic contents: 1. The name, domicile and legal representative of the assignor, the winning bidder or the bidder and the trading platform; 2. Brief information on the transferred mining right, including the name of the project, minerals, geographical location, coordinates of the scope of turning point, area, resource reserves (the degree of exploration work), mining elevation, etc., the requirements for the development and utilization of resources, multi-objective management, dynamic management of the whole process of development, as well as the requirements for land reclamation, mine geological environment protection and restoration; 3. The term of the transferred mining right; 4. Transaction price, payment period, requirements or rights and interests realization method, etc.; 5. Time limit and requirements for applying for registration of mining rights; 6. Dispute resolution and liability for breach of contract; 7. If the mining rights are transferred by agreement, the transfer contract shall be signed with reference to the above contents. After fulfilling the relevant formalities, the
winning bidder and the bidder shall apply to the competent department of natural resources with the authority of registration for the registration of mining rights with the relevant materials such as the notice of winning the bid or the confirmation of the transaction, the contract for the transfer of mining rights and the certificate for the payment of the proceeds from the transfer.
From the point of view of transaction supervision, the Rules make it clear that local natural resources authorities at all levels should strengthen the supervision and management of mining rights transfer transactions. The competent department of natural resources at a higher level shall be responsible for supervising the trading activities of the transfer of mining rights of the competent department of natural resources at a lower level and providing business guidance. The competent departments of natural resources should strengthen supervision over the process of bidding, auction and listing of mining rights, improve the mechanism for handling complaints and reports, and strengthen social supervision. During the transfer of
mining rights, if the trading platform and its staff violate laws and regulations, the competent department of natural resources or the competent department of the trading platform shall deal with them in accordance with the law and regulations; if economic losses are caused, they shall bear the responsibility for economic compensation; if the circumstances are serious and constitute a crime, they shall be handed over to the judicial organs for handling.The competent department of
natural resources shall guide the trading platform, record and manage the relevant information of the subject of dishonesty in the bidding, auction and listing activities of mining rights in accordance with the relevant requirements of joint punishment for dishonesty in the field of public resources trading, and strengthen credit supervision. The trading platform shall establish archives for each mining right transaction, collect and sort out the relevant documents generated in the whole process from the acceptance of entrustment to the end of the transaction, and classify and register them.
From the point of view of liability for breach of contract and dispute settlement, the Rules clearly stipulate that if one of the following circumstances occurs, the bidder, the bidder, the winning bidder or the bidder shall be deemed to be in breach of contract, and shall bear the corresponding liabilit y for breach of contract in accordance with the announcement or contract agreement. Accepting the joint punishment for dishonesty in the field of public resources trading:
1. Bidders collude with each other in bidding and bidders collude with each other in quotation, which damages the national interests, social and public interests or the legitimate rights and interests of others; 2. Bidders and bidders cheat the trading qualification or win the bid or bid; 3. The bid winner abandons the bid winning project, the bidder refuses to sign the confirmation of the transaction of the mining right, and the bid winner and the bidder fail to sign or refuse to sign the transfer contract within the time limit; 4. The bid winner and the bidder fail to pay off the agreed proceeds of the transfer of the mining right or other related expenses at the agreed time; 5. Bribery to the competent department or the bid evaluation committee and its members or other improper means to win the bid or bid; 6.
The Rules indicate that if there is a dispute in the course of the transaction, the contract shall be implemented if there is an agreement in the contract; if there is no agreement in the contract, the parties to the dispute shall settle it through consultation, and if the consultation fails, they may bring a lawsuit to the people's court according to law.
In addition, from other requirements, the Rules make it clear that provincial natural resources authorities and natural resources bureaus of Sinkiang Production and Construction Corps can formulate rules for the transfer of mining rights with reference to these rules to regulate the trading of mining rights. Where sea sand mining is involved, the "two rights in one" bidding, auction and listing transfer of sea sand mining rights and sea area use rights shall be carried out in accordance with regulations. All expenses involved in the transfer of mining rights shall be priced and settled in RMB.
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