Decree of the State Council of the People’s Republic of China
No. 520
The Regulations on Administration of Geological Exploration Qualifications are
hereby promulgated and shall be effective as of July 1, 2008.
Premier, Wen Jiabao
March 3, 2008
Regulations on Administration of Geological Exploration
Qualifications
Chapter I
Article 1
General Provisions
These Regulations are formulated for the purpose of enhancing the
administration of geological exploration activities, safeguarding the order of the
geological exploration market, ensuring the quality of geological exploration and
promoting the development of the geological exploration industry.
Article 2
Any unit that intends to conduct geological exploration shall obtain a
qualification certificate for geological exploration in accordance with the provisions
of these Regulations.
Article 3
The competent land and resources department of the State Council
and the competent land and resources departments of the people’s governments of the
provinces, autonomous regions and municipalities directly under the Central
Government shall, in accordance with the provisions of these Regulations, be
responsible for examining the qualifications for geological exploration, granting
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approval,
issuing qualification
certificates
and exercising supervision and
administration in this respect.
The competent land and resources departments of the people’s governments of
cities and counties shall, in accordance with the provisions of these Regulations, be
responsible for exercising supervision and administration in respect of the
qualifications for geological exploration within their respective administrative areas.
Article 4
The geological exploration qualifications consist of the qualifications
for comprehensive geological exploration and the qualifications for specialized
geological exploration.
The qualifications for comprehensive geological exploration include the
qualifications for regional geological survey, for marine geological survey, for
petroleum and natural gas mineral exploration, for liquid mineral exploration
(excluding petroleum), for gas mineral exploration (excluding natural gas), for solid
mineral exploration including coal, and for survey of hydrogeology, engineering
geology and environmental geology.
The
qualifications
for
specialized
geological
exploration
include
the
qualifications for geophysical exploration, for geochemical exploration, for airborne
geological survey, for remote sensing geological survey, for geological drilling
(tunneling) and for geological laboratory tests.
Article 5
The qualifications for regional geological survey, for marine
geological survey, for petroleum and natural gas mineral exploration, for gas mineral
exploration (excluding natural gas), for airborne geological survey, for remote sensing
geological survey and for geological laboratory tests are classified into Class A and
Class B; the qualifications for the other types of geological exploration are classified
into Class A, Class B and Class C.
Article 6
All units and individuals have the right to report to the competent
land and resources departments any geological exploration activities conducted in
violation of the provisions of these Regulations.
The competent land and resources departments shall, upon receiving the reports,
investigate and handle the cases in accordance with law, and keep the reporting
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persons confidential.
Chapter II
Article 7
Application and Acceptance
A unit that applies for the geological exploration qualifications shall
meet the following basic conditions:
(1) having the status as a legal person of an enterprise or institution;
(2) having the qualified explorational specialists commensurate with the category
and class of the geological exploration qualifications it applies for;
(3) having the explorational equipment and instruments needed for the category
and class of the geological exploration qualifications it applies for; and
(4) having the quality control system and work safety management system
needed for the category and class of the geological exploration qualifications it
applies for.
The specific standards and conditions for the different categories and classes of
geological exploration qualifications shall be established by the competent land and
resources department of the State Council.
Article 8
The following geological exploration qualifications shall be subject
to examination and approval by the competent land and resources department of the
State Council and the qualification certificates shall be issued by the said department:
(1) the qualifications for marine geological survey, for petroleum and natural gas
mineral exploration and for airborne geological survey; and
(2) other geological exploration qualifications under Class A.
The geological exploration qualifications other than the ones specified in the first
paragraph of this Article shall be subject to examination and approval by the
competent land and resources departments of the people’s governments of provinces,
autonomous regions and municipalities directly under the Central Government, and
the qualification certificates shall be issued by the said departments.
Article 9
A unit that applies for the geological exploration qualifications shall
submit the following documents to the approval authority:
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(1) written application for geological exploration qualifications;
(2) certification for its status as a legal person;
(3) roster of the explorational specialists, their identity certificates and
qualification certificates, and the appointment documents of the persons in charge of
technology;
(4) list of the explorational equipment and instruments and the necessary
verification document; and
(5) documents regarding the quality control system and the work safety
management system.
The applicant shall be responsible for the authenticity of the documents for
application.
Article 10
Applications for geological exploration qualifications shall be
accepted in accordance with the relevant provisions of the Administrative Permission
Law of the People’s Republic of China.
Chapter III Examination and Decision
Article 11
The approval authority shall complete examination of an application
for geological exploration qualifications within 20 working days from the date it
accepts the application.
The approval authority shall make known to the public the applicant that passes
the examination, which shall last for a period of not less than 10 working days. If no
objections are raised at the expiration of the period, the authority shall grant the
application and issue the qualification certificate for geological exploration within 10
working days; otherwise, it shall, within 10 working days, notify the applicant that it
submits materials for explanation.
Where an applicant fails to pass the examination, the approval authority shall
notify it of the fact in writing and explain the reasons.
Article 12
The approval authority shall, in a timely manner, publish the
qualification certificates for geological exploration it issues and provide convenience
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for public consultation.
Article 13
A qualification certificate for geological exploration shall include
the following items:
(1) name and domicile of the unit and its legal representative;
(2) category and class of the geological exploration qualifications;
(3) term of validity; and
(4) authority and date of issue and the number of the certificate.
The format of the qualification certificates for geological exploration shall be
decided on by the competent land and resources department of the State Council.
Article 14
Where a geological exploration unit intends to alter its name or
domicile or replace its legal representative, it shall, within 20 working days from the
date it alters its industrial and commercial registration or its registration as an
institution, approach the original approval authority for going through the formalities
for the alterations to be made in its qualification certificate for geological exploration.
Where because of merging or separation or for other reasons, a geological
exploration unit needs to alter the category or class of qualifications specified in its
qualification certificate for geological exploration, it shall apply anew for the
qualifications in accordance with the provisions of these Regulations.
Article 15
Where a geological exploration unit intends to terminate its
geological exploration activities because of dissolution or for other reasons, it shall,
within 10 working days from the date of termination, approach the original approval
authority for going through the formalities for canceling its qualification certificate
for geological exploration. If it fails to do so at the expiration of the period, the said
authority shall cancel the certificate.
Article 16
A unit that has obtained Class A geological exploration
qualifications may conduct all geological exploration activities within the
corresponding category of qualifications.
The scope of geological exploration activities to be conducted by the units that
have obtained Class B or Class C geological exploration qualifications shall be
defined by the competent land and resources department of the State Council.
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Article 17
A qualification certificate for geological exploration shall be valid
for a period of five years.
Where a geological exploration unit intends to continue its geological
exploration activities when the period of validity of its qualification certificate for
geological exploration expires, it shall apply to the original approval authority for
extension of the period three months before the period expires.
The approval authority shall decide whether or not to grant the application for
extension before the period of validity of the qualification certificate for geological
exploration expires; if it fails to do so at the expiration of the period, it shall be
deemed to grant the application for extension.
Chapter IV Supervision and Administration
Article 18
The competent land and resources departments of the people’s
governments at or above the county level shall strengthen their supervision and
inspection of geological exploration activities.
When conducting supervision or inspection, the competent land and resources
departments of the people’s governments at or above the county level may look
through, or require the geological exploration units to provide, the documents
regarding their geological exploration qualifications.
The geological exploration units shall truthfully provide the related documents
and shall not reject or hinder supervision and inspection.
Article 19
When conducting supervision or inspection, the supervisors or
inspectors shall produce their credentials, keep confidential the technological and
business secrets of the unit under inspection and make a record of the supervision or
inspection conducted and the problems discovered and handled, and the record shall
be signed by way of confirmation by the supervisors or inspectors and the person in
charge of the unit under inspection. If the person in charge of the said unit refuses to
sign the record, the supervisors or inspectors shall put the fact on record.
Article 20
The approval authority shall establish a sound management system
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for the files on the performance of geological exploration units. Such files shall
include the records of the work experiences of the units, of their achievements and
professional credibility, of the inspection and assessment conducted, of the complaints
from the public, of their illegal activities, etc.
Article 21
When through supervision or inspection, the approval authority
finds that a geological exploration unit no longer meets the necessary conditions for
the category or class of qualifications specified in its qualification certificate for
geological exploration, it shall order the unit to rectify within a time limit.
Article 22
Under one of the following circumstances, the approval authority
shall cancel the qualification certificate for geological exploration:
(1) the certificate is issued by a staff member of the approval authority who
abuses his power or neglects his duties;
(2) the certificate is issued in excess of the statutory powers;
(3) the certificate is issued in violation of the statutory procedures; or
(4) the certificate is issued to an applicant that does not meet the conditions
specified in these Regulations.
Article 23
If a geological exploration unit loses its qualification certificate for
geological exploration, it shall make the fact known to the public nationwide, for a
period of 30 days at least. It shall not approach the original approval authority for
going through the formalities for reissue of such a certificate until the said period
expires.
Article 24
A geological exploration unit shall not conduct geological
exploration activities beyond the category or class of qualifications specified in its
qualification certificate for geological exploration, or produce false reports on
geological exploration.
A geological exploration unit shall not subcontract geological exploration
projects it undertakes to another unit, and shall not allow another unit to conduct
geological exploration in its name.
A geological exploration unit shall not conduct commissioned geological
exploration of minerals before the commissioning party has obtained the exploration
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or mining license for mineral resources.
No unit or individual shall forge, alter or transfer the qualification certificate for
geological exploration.
Chapter V Legal Liability
Article 25
Where the competent land and resources department of the people’s
government at or above the county level or one of its staff members violates the
provisions of these Regulations under one of the following circumstances, the person
in charge with competent accountability and other persons with competent
accountability shall be given sanctions in accordance with law; if one of the said
persons commits a crime, he shall be investigated for criminal liability in accordance
with law:
(1) issuing a qualification certificate for geological exploration to an applicant
that does not meet the conditions specified in these Regulations, or issuing such a
certificate in excess of the statutory powers;
(2) refusing to issue a qualification certificate for geological exploration to an
applicant that meets the conditions specified in these Regulations, or failing to issue
such a certificate within the statutory time limit;
(3) failing to investigate and punish the violations of the provisions of these
Regulations when discovered, or failing to handle a case in accordance with law after
receiving a report thereof; or
(4) committing other illegal activities in examining the qualifications for
geological exploration, granting approval or issuing the qualification certificates or in
exercising supervision and administration.
Article 26
Where in the process of application for qualifications, a geological
exploration unit conceals the truth or provides false documents, the approval authority
shall reject its application or refuse to issue to it a qualification certificate for
geological exploration, and shall give it a warning.
Where a geological exploration unit has obtained a qualification certificate for
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geological exploration by fraud, bribery or other illegitimate means, the original
approval authority shall revoke its certificate and shall fine it not less than 20,000
yuan but not more than 100,000 yuan; if a crime is committed, criminal liability shall
be investigated for in accordance with law.
Article 27
Where a unit or individual conducts geological exploration without
a qualification certificate for geological exploration, or a unit continues to conduct
geological exploration when the period of validity of its certificate has expired and
fails to go through the formalities for extension of the period as is required by the
provisions of these Regulations, the competent land and resources department of the
people’s government at or above the county level shall order it or him to make
corrections within a time limit and shall fine it or him not less than 50,000 yuan but
not more than 200,000 yuan; its or his illegal gains, if any, shall be confiscated.
Article 28
Where a geological exploration unit fails to go through the
formalities for alterations to be made in its qualification certificate for geological
exploration, as is required by the provisions of these Regulations, when it alters its
name or domicile or replaces its legal representative, the original approval authority
shall order it to make corrections within a time limit; if it fails to do so at the
expiration of the time limit, its qualification certificate for geological exploration shall
be suspended or rescinded.
Article 29
Where a geological exploration unit commits one of the following
acts, the competent land and resources department of the people’s government at or
above the county level shall order it to make corrections within a time limit and shall
fine it not less than 50,000 yuan but not more than 200,000 yuan; its illegal gains, if
any, shall be confiscated; if the unit fails to make corrections at the expiration of the
time limit, the original approval authority shall rescind its qualification certificate for
geological exploration:
(1) failing to conduct geological exploration activities in compliance with the
category or class of qualifications as specified in its qualification certificate for
geological exploration;
(2) providing a false report on geological exploration;
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(3) subcontracting the geological exploration project it undertakes to another
unit;
(4) allowing another unit to conduct geological exploration in its name; or
(5) conducting commissioned geological exploration of minerals before the
commissioning party has obtained the exploration or mining license for mineral
resources.
Article 30
Where a geological exploration unit under supervision or inspection
fails to truthfully provide the related documents, or rejects or hinders supervision or
inspection, the competent land and resources department of the people’s government
at or above the county level shall order it to make corrections within a time limit; if
the unit fails to do so at the expiration of the time limit, the original approval authority
shall suspend or rescind its qualification certification for geological exploration.
Article 31
Where a geological exploration unit, which is ordered to rectify
within a time limit, fails to do so at the expiration of the time limit or still fails to meet
the necessary conditions for the category or class of qualifications specified in its
qualification certificate for geological exploration after rectification, the original
approval authority shall suspend or rescind its certificate.
Article 32
Where a unit or individual forges or alters a qualification certificate
for geological exploration or transfers it to another one, the competent land and
resources department of the people’s government at or above the county level shall
confiscate the forged or altered certificate, or the original approval authority shall
rescind the transferred certificate, and the said department or authority shall fine the
unit or individual not less than 50,000 yuan but not more than 200,000 yuan; its or his
illegal gains, if any, shall be confiscated; if the act constitutes a violation of
administration of public security, the public security organ shall impose on the unit or
individual a penalty for administration of public security in accordance with law; if a
crime is committed, criminal liability shall be investigated for in accordance with law.
Article 33
A unit whose qualification certificate for geological exploration is
rescinded in accordance with law due to violation of the provisions of these
Regulations shall not apply again for the geological exploration qualifications within
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one year from the date when its certificate is rescinded.
Chapter VI
Article 34
Supplementary Provisions
A unit that has obtained a qualification certificate for geological
exploration in accordance with law before these Regulations become effective shall,
30 working days before the period of validity of its certificate expires, apply again for
the geological exploration qualifications in accordance with the provisions of these
Regulations. If it fails to make such application at the expiration of the time limit, it
shall not continue to conduct geological exploration.
Article 35
The qualifications for surveying of construction projects shall be
administered in accordance with the relevant provisions of the Regulations on
Administration of Surveying and Designing of Construction Projects.
Article 36 These Regulations shall be effective as of July 1, 2008.
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