CHINA Trends and Developments Contributed by: Guisheng Yang, Qi Zhu, Yonghui Wang and Ranran Shi, Beijing Dacheng Law Offices
Beijing Dacheng Law Offices, LLP 16-21/F, Tower B ZT International Center, No. 10 Chaoyangmen Nandajie Chaoyang District Beijing China
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Introduction On 1 July 2025, the newly revised Mineral Resources Law of the People’s Republic of China (hereinafter referred to as the “New Mineral Resources Law”) offi- cially took effect. This revision is not only a system update, but also a strategic transformation of China’s mining sector from a traditional management model to a modern governance system. With the rapid development of the economy and soci- ety, the inadequacies of the former Mineral Resources Law (2009 Amendment) have become increasingly prominent in aspects such as market resource allo- cation, real right protection, ecological civilisation construction, and energy and resource security guar- antees. Based on summarising the successful experi- ence of mineral resource management reform over the years, the New Mineral Resources Law has achieved major innovations in management concepts and sys- tem design, providing holders of mineral rights with the following: • more stable rights expectations; • a more transparent transaction environment; and • a sounder mechanism for protecting rights and interests. For foreign investors, this not only means the optimi- sation of market access thresholds and the reduction of investment risks, but also marks the arrival of an important opportunity to achieve long-term and sus- tainable returns in China’s mining market.
Transformation of the Mineral Rights Management System: From “Approval System” to “Real Right- Based System” Separation of mineral rights and permits system The separation of mineral rights and permits is one of the core systems established by the New Mineral Resources Law. Its core essence lies in separating the real right registration of mineral rights from the permis- sion for exploration and mining of mineral resources, with each confirmed and regulated by different sys- tems. • According to the provisions of the New Mineral Resources Law, the mineral rights certificate, as the carrier of real right registration, is used to confirm the right holder’s rights to possess, use and benefit from specific mineral resources. The creation, modification, assignment, mortgage and extinguishment of such rights shall be valid after legal registration. • The exploration permit and mining permit, on the other hand, are permits issued by administrative authorities for specific exploration and mining activities. They focus on examining the scientificity and safety of exploration plans and mining plans, as well as the feasibility of ecological protection measures, reflecting the state’s risk control over the mineral resources development process and the protection of public interests. In terms of legal effect, the mineral rights certificate is independent of the exploration and mining per- mits. Even if a permit becomes invalid due to failure
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