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| Category | GEOLOGY, MINERAL RESOURCES AND ENERGY INDUSTRY | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1994-12-20 | Effective Date | 1994-12-20 |
|
Measures for Administration of Coal Production License |
|---|
Article 1 The Measures are formulated for purpose of strengthening the
administration of coal industry and ensuring safety in coal production.
Article 2 Coal production enterprises mining coal within the territory of
the People's Republic of China must obtain a coal production license in
accordance with provisions of the Measures.
Coal production enterprises having no coal production license shall not be
permitted to engage in coal production.
Article 3 Departments in charge of coal industry of the State Council Article 4 State-owned coal enterprises and foreign investment coal (1) Have a coal mining license obtained in accordance with law; (2) Have an approved mining design or mining scheme; (3) The production system including mine elevator, transport, ventilation, (4) The director of the coal enterprise has received proper training and (5) The gas inspector, coal miner driver and other special technical (6) The communication of production management up or down the pit, (7) Have environmental protection measures required by relevant laws and (8) Have a certification for the completion of safety equipment (9) Other requirements prescribed by laws and regulations. Article 5 The coal enterprises other than state-owned and foreign (1) Have a coal mining license obtained in accordance with law; (2) Have an approved mining design; (3) The mine production system accords with rules of coal mine safety (4) The director of the coal enterprise has received proper training and (5) The gas inspector, coal miner driver and other special technical (6) The communication of production management up or down the pit, (7) Have up- against down-pit engineering drawings, plane figure for (8) Have necessary environmental protection measures; (9) Have a certification for the completion of safety equipment (10) Other requirements prescribed by laws and regulations. Article 6 The department in charge of coal industry of the State Council (1) Coal enterprises approved to establish by the State Council and (2) Coal enterprises involving more than one province, autonomous region, (3) Foreign investment coal enterprises. The department in charge of coal industry of the people's governments of Article 7 Coal enterprises shall apply for a coal production license Article 8 Coal enterprises applying for coal production license shall, Agency for issue and administration of coal production licenses shall, Article 9 Coal production licenses shall be made unitarily by the Article 10 The term of validity of the coal production license shall be Article 11 Coal enterprises having obtained the coal production Article 12 Agencies for issue and administration of coal production Coal enterprises shall subject themselves to the supervision and Article 13 Agencies for issue and administration of coal production Article 14 The department in charge of coal industry of the people's Article 15 In cases where any coal production license is found to be Article 16 Those violating provisions of the Measures and coming under (1) Those engaging in coal production without a coal production (2) Those still engaging in coal production without extending the coal (3) Those already in operation who are found failing to meet the (4) Those counterfeiting, transferring or using other than their own Article 17 In cases where any department in charge of coal industry (1) Refusing to issue a coal production license to a coal enterprise which (2) Issuing a coal production license to a coal enterprise which is not Article 18 All revenue from punishment of fine and confiscation under Article 19 Coal enterprises already in operation before the promulgation Article 20 The department in charge of coal industry of the State Council Article 21 The Measures shall enter into force on the date of
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and of the people's governments of provinces, autonomous regions and
municipalities directly under the Central Government shall be responsible
for the issue and administration of coal production license.
Chapter II Requirements for Obtaining a Coal Production License
enterprises applying for coal production licenses shall meet the following
requirements:
drainage and power supply, etc., is perfect and reliable, accords with
rules of coal mine safety prescribed by the state, and has been checked and
accepted in accordance with law;
obtained a credential for directors of coal enterprises;
workers have operation credentials issued in accordance with relevant
stipulations of the state by administrative department in charge of coal
industry of the local people's government at or above the county level;
inside or outside the mine is unblocked;
regulations;
for mine engineering; and
investment ones applying for a coal production license shall meet the
following requirements:
prescribed by the state;
obtained a credential for directors of coal enterprises;
workers have operation credentials issued in accordance with relevant
stipulations of the state by administrative department in charge of coal
industry of the local people's government at or above the county level;
inside or outside the mine is unblocked;
excavation and ventilation figure;
for mine engineering; and
Chapter III Procedures for Obtaining Coal Production License
shall be responsible for the issue and management of coal production licenses
with respect to coal enterprises coming under the following categories:
competent departments concerned of the State Council;
or municipality directly under the Central Government; and
provinces, autonomous regions and municipalities directly under the Central
Government shall be responsible for the issue and management of coal
production licenses with respect to other coal enterprises than those listed
in the preceding paragraph.
for every mine(pit).
in accordance with provisions of Article 6 of the Measures, before
completing the construction of the mine(pit) and putting it into operation,
submit an application and related papers and data prescribed by Articles 4 and
5 of the Measures to the department in charge of coal industry of the State
Council or of the people's government of the province, autonomous region or
municipality directly under the Central Government (hereinafter referred
to as "agency for issue and administration of coal production licenses").
within 60 days from receipt of the application and related papers and data
submitted by a coal enterprise, complete the examination and verification
thereof. Where the application is approved after examination, the agency
shall issue a coal production license to the applicant; Where the application
is not approved after examination, the coal production license shall not be
issued, but the agency shall send a written notice to the applicant, and
explain the reasons for disapproval.
department in charge of coal industry of the State Council. No other
organizations or individuals are allowed to make it without authorization.
the same as the production and service period of the coal enterprise.
For the extension of the license, the coal enterprise shall, 3 months
before the expiration of the term, submit an application to the original
agency for issue and administration of coal production licenses.
license shall pay the agency for issue and administration of coal production
licenses the cost of making the license. The charging standard shall be
prescribed by the department in charge of the coal industry of the State
Council, in conjunction with the department in charge of finance and the
department in charge of price of the State Council.
Chapter IV Supervision and Administration of Coal Production Licenses
licenses shall strengthen the supervision and administration of coal
production licenses, and adopt an annual inspection system.
inspection by agency for issue and administration of coal production licenses.
licenses shall institute and perfect a file management system for coal
production licenses.
governments of provinces, autonomous regions and municipalities directly
under the Central Government shall send the license back-up file to the
department in charge of coal industry of the State Council immediately after
they have issued a coal production license.
improperly issued by the department in charge of coal industry of the
people's governments of provinces, autonomous regions or municipalities
directly under the Central Government, the department in charge of coal
industry of the State Council shall immediately put it right or have the
license revoked.
Chapter V Penalties
any of the following categories shall, according to the circumstances,
be imposed on a fine not exceeding 50,000 RMB, confiscated of all illegal
gains, ordered to suspend the production, or revoked of the coal production
license by the agency for issue and administration of coal production licenses
or by the department in charge of coal industry of people's government at the
county level authorized by the former:
license;
production license after the expiration of the license;
requirements for obtaining coal production license, but fail to make
rectification or improvement according to the demand of the department in
charge of coal industry, or fail to meet said requirements even after
rectification or improvement; or
coal production license.
commits any of the following acts in violation of the Measures, the directly
responsible person in charge and other directly responsible person shall be
subject to administrative sanctions:
is qualified for obtaining the license; or
qualified for obtaining the license.
Article 16 of the Measures shall be turned over to the state treasury.
Chapter VI Supplementary Provisions
and implementation of the Measures shall apply for a coal production license
retroactively within 6 months from the date of promulgation and implementation
of the Measures.
may make implementation rules according to the Measures.
promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/mfaocpl512