China s management method for gold mines, can anyone mine gold mines in the country?

Legal analysis: Mineral resources belong to the state, and the ownership of mineral resources by the state is exercised by ***. State ownership of mineral resources, whether surface or underground, does not change depending on the ownership or use rights of the land to which they are attached.

To prospect and exploit mineral resources, it is necessary to apply for and obtain prospecting rights and mining rights respectively in accordance with the law, and to go through registration; However, the exploration carried out by a mining enterprise that has applied for the acquisition of mining rights in accordance with the law for the production of the enterprise within the scope of the demarcated mining area is excluded. The State protects prospecting and mining rights from infringement, and ensures that the production and work order in mining areas and exploration areas are not affected or damaged. Those engaged in the exploration and exploitation of mineral resources must meet the prescribed qualifications.

The State implements a system of paid acquisition of prospecting rights and mining rights; However, the state may reduce or exempt the fees for the acquisition of prospecting rights and mining rights for compensation according to different circumstances. The specific measures and implementation steps shall be specified by ***. To exploit mineral resources, resource tax and resource compensation must be paid in accordance with relevant state regulations.

Legal basis: Mineral Resources Law of the People's Republic of China

Article 3 Mineral resources belong to the State, and the State's ownership of mineral resources shall be exercised by the State. State ownership of mineral resources, whether surface or underground, does not change depending on the ownership or use rights of the land to which they are attached.

The State guarantees the rational development and utilization of mineral resources. It is forbidden for any organization or individual to occupy or destroy mineral resources by any means. The people at all levels must strengthen the protection of mineral resources.

To prospect and exploit mineral resources, it is necessary to apply for and obtain prospecting rights and mining rights respectively in accordance with the law, and to go through registration; However, the exploration carried out by a mining enterprise that has applied for the acquisition of mining rights in accordance with the law for the production of the enterprise within the scope of the demarcated mining area is excluded. The State protects the prospecting and mining rights of the sedan clan from infringement, and ensures that the production order and work order of the mining area and the exploration operation area are not affected or destroyed.

Those engaged in the exploration and exploitation of mineral resources must meet the prescribed qualifications.

Article 5 The State shall implement a system of compensatory acquisition of prospecting rights and mining rights; However, the state may reduce or exempt the fees for the acquisition of prospecting rights and mining rights for compensation according to different circumstances. The specific measures and implementation steps shall be specified by ***. To exploit mineral resources, resource tax and resource compensation must be paid in accordance with relevant state regulations.

Legal Analysis: Gold mines are controlled by the state. If you want to mine, you must be an enterprise with legal personality, and you can only obtain the right to mine after being approved in accordance with the law.

Private companies or private enterprises can mine as long as they obtain prospecting and mining licenses in accordance with the law. If you apply for exploration of gold ore resources, you shall submit the following documents to the registration authority and pay the application and registration fee:

1. A copy of the qualification certificate of the unit engaged in gold exploration;

2. The overall design, annual plan, exploration contract and related documents of the exploration project;

3. Proof of funds for the completion of the exploration work.

Legal basis: Article 39 of the Mineral Resources Law of the People's Republic of China Whoever, in violation of the provisions of this Law, mines without obtaining a mining license, enters a mining area planned by the State without authorization, mines within the scope of a mining area of great value to the national economy, or exploits a specific mineral that the State stipulates for protective mining without authorization, shall be ordered to stop mining, compensate for losses, confiscate the mined mineral products and illegal gains, and may be fined concurrently. Refusal to stop mining, resulting in the destruction of mineral resources, in accordance with the relevant provisions of the Criminal Law, the person directly responsible shall be investigated for criminal responsibility.

Units and individuals who enter the mining areas of state-owned mining enterprises and other mining enterprises established by others in accordance with the law shall be punished in accordance with relevant regulations.

Lawyer's analysis: 1. In the suburbs of the city, each homestead shall not exceed 167 square meters; 2. In plain areas and mountainous areas, each homestead shall not exceed 200 square meters in counties and cities with less than 1,000 square meters of cultivated land per capita, and in counties and cities with more than 1,000 square meters of cultivated land per capita, each homestead shall not exceed 233 square meters; 3. In the Bashang area, each homestead shall not exceed 467 square meters. Within the limits provided for in the preceding paragraph, the people of cities and counties may, according to local conditions, specifically stipulate the standards for rural homesteads within their respective administrative areas.

Legal basis]:

Land Management Law of the People's Republic of China Article 62 A rural villager household may only own one homestead land, and the area of the homestead must not exceed the standards prescribed by the provinces, autonomous regions and municipalities directly under the Central Government. In areas where per capita land is small and it is not possible to guarantee that a household has a homestead land, the people at the county level may, on the basis of fully respecting the wishes of the rural villagers, take measures to ensure that the rural villagers have a place to live in accordance with the standards set by the provinces, autonomous regions, and municipalities directly under the Central Government. Rural villagers building houses shall conform to the overall land use plan and village plan of the township (town), shall not occupy permanent basic farmland, and shall use the original homestead land and vacant land in the village as much as possible.

The preparation of township (town) land use plans and village plans shall make overall plans and reasonable arrangements for homestead land to improve the living environment and conditions of rural villagers. The residential land of rural villagers shall be reviewed and approved by the people of the township (town); Among them, where the occupation of agricultural land is involved, the examination and approval formalities shall be handled in accordance with the provisions of Article 44 of this Law. Rural villagers who sell, rent, or donate land and residences and then apply for homestead land shall not be approved.

The State allows rural villagers who have settled in urban areas to voluntarily withdraw from their homesteads with compensation in accordance with the law, and encourages rural collective economic organizations and their members to revitalize and utilize idle homesteads and idle residences. The competent departments of agriculture and rural affairs are responsible for the work related to the reform and management of rural homesteads nationwide.