The Standing Committee of the National People’s Congress Order of the President of the People’s Republic of China No.75 The Coal Law of the People’s Republic of China which has been adopted at the 21st Meeting of the Standing Committee of the Eighth President of the People’s Republic of China Jiang Zemin August 29, 1996 Coal Law of the People’s Republic of China ContentsChapter I General Provisions Chapter II Planning for Coal Production and Exploitation and Construction of Coal Mine Chapter III Coal Production and Safety in Coal Mine Chapter IV Coal Management Chapter V Protection of Coal Mining Area Chapter VI Supervision and Inspection Chapter VII Legal Responsibility Chapter VIII Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated for the purposes of rationally exploiting, utilizing and protecting coal resources, standardizing coal production Article 2 This Law shall apply to coal production and management activities within the territory of the People’s Republic of China and other Article 3 Coal resources shall be owned by the state. The state ownership of coal resources, either near the earth’s surface or underground, Article 4 The state shall practice the policy of unified planning, rational distribution and comprehensive utilization in coal exploitation. Article 5 The state shall protect coal resources in accordance with the law. Abusive or wasteful exploitation which is destructive to coal resources Article 6 The state shall protect the legitimate rights and interests of those investing to exploit coal resources in accordance with the law. The state shall guarantee the healthy development of state-owned coal mines. The state shall implement a policy of support, transformation, consolidation, combination and improvement with regard to township Article 7 Coal mining enterprises must adhere to the policy of “safety first and precaution foremost” for the safety in production, establish Article 8 The people’s governments at all levels and their departments and coal mining enterprises must take measures to strengthen labor protection The state shall adopt special protective measures for workers operating in the pit. Article 9 The state shall encourage and support the adoption of advanced science and technology and management skills in coal exploitation and Coal mining enterprises shall strengthen and improve the operation and management, raise the labor productivity and economic results. Article 10 The state shall safeguard the production and work order in coal mining areas, and protect facilities of coal mining enterprises. Article 11 Exploitation and utilization of coal resources shall abide by laws and regulations concerning environmental protection, prevent and Article 12 The department of coal administration under the State Council shall be responsible for the supervision and control of nationwide coal The department of coal administration and other relevant departments under the local people’s governments at and above the county Article 13 Coal mining bureaus are state-owned coal mining enterprises with an independent legal person status. Coal mining bureaus and other coal mining enterprises and coal management enterprises with an independent legal person status shall, Chapter II Planning for Coal Production and Exploitation and Construction of Coal Mine Article 14 The department of coal administration under the State Council shall, in accordance with the national planning for mineral resources Article 15 The department of coal administration under the State Council shall, in the light of coal resources set by the national planning for The department of coal administration under the people’s governments of provinces, autonomous regions and municipalities directly Article 16 Planning for coal production and exploitation shall be worked out in accordance with the needs of the national economy and social Article 17 The state shall formulate beneficial policies to support the development of coal industry and promote the construction of coal mines. Coal mine construction projects shall conform to the planning for coal production and exploitation and the coal industrial policy. Article 18 For establishing a coal mining enterprise, the following requirements shall be satisfied: (1) have a feasibility study report or mining plan for the coal mine construction project; (2) have definite scope of the mine and mining area, and a resources comprehensive utilization plan; (3) have geological, surveying and hydrological data and other relevant data needed for mining; (4) have a mine design conformable with the requirements for safety in production and environmental protection of coal mine; (5) have a rational production scale of coal shaft and funds, equipment and technical personnel suited to the production scale; and (6) other requirements specified by laws or regulations. Article 19 For establishing a coal mining enterprise, an application must be submitted to the department of coal administration for examination For examination and approval of a coal mining enterprise, a review and opinions on the scope of mining areas and the plan for comprehensive Coal mining enterprises approved to be established shall, by presenting the approval document, apply for a mining license from the Article 20 The use of land for the construction of coal mines shall be handled in accordance with relevant laws and regulations. In the case The construction of coal mines shall adhere to the principle of protection of cultivated land and rational utilization of land. Local people’s governments shall give support and assistance when there is a need to use land and remove relevant residents for the Article 21 In construction of coal mines, coal exploitation shall be conducted in step with the protection and control of the environment. Installations Chapter III Coal Production and Safety in Coal Mine Article 22 Before starting production, a coal mining enterprise shall, in accordance with the provisions of this Law, apply for a coal production Those without a coal production license may not engage in coal production. Article 23 For applying for a coal production license, the following requirements shall be satisfied: (1) have a mining license obtained in accordance with the law; (2) the production system of the mine shaft is conformable with the safety rules for coal mines stipulated by the state; (3) the mine director has received proper training in accordance with the law and obtained a credential for mine directors; (4) the workers of special operation have received proper training in accordance with the law and obtained an operation credential; (5) the communication of production management up or down the pit, inside or outside the mine is unblocked; (6) have field surveying up- against down-pit engineering drawings, plain figure for excavation and figure for ventilation system; (7) have installations which have been completed and have passed the inspection for safeguarding the safety in production in coal mine (8) other requirements specified by laws or regulations. Article 24 The department of coal administration under the State Council shall take in charge of the following coal mining enterprises in respect (1) coal mining enterprises which have been examined and approved to establish by the State Council or the establishment of which should (2) coal mining enterprises involving areas of more than one provinces, autonomous regions or municipalities directly under the central The department of coal administration under the people’s governments of provinces, autonomous regions and municipalities directly The department of coal administration under the people’s governments of provinces, autonomous regions and municipalities directly Article 25 The departments for issuance and control of coal production licenses shall be responsible for the supervision of coal production licenses. Coal mining enterprises having obtained a coal production license may not transfer or hire out the license to others. Article 26 No coal production license may be issued with regard to a mining area for which a coal production license has already been issued. When the term of validity of a coal production license expires or the coal resources in the relevant approved mining area have been If there have been any changes to the production and safety conditions of a coal mining enterprise, and after being verified, the Article 27 Measures for the control of coal production licenses shall be formulated by the State Council in accordance with this Law. The standing committee of the people’s congress of provinces, autonomous regions and municipalities directly under the central government Article 28 The state shall conduct protective exploitation with regard to those special or scare kinds of coal which bear importance to the national Article 29 The exploitation of coal resources must accord with the coal mining rules, abide by the rational mining order and reach the specified The recovery rates shall be determined by the department of coal administration under the State Council in the light of different The state encourages coal mining enterprises to do reexploitation and mine remnants of old pits or extremely poor coal. Article 30 Coal mining enterprises shall strengthen the supervision, examination and management of the quality of coal products. The quality Article 31 Coal production shall be conducted within the approved mining areas in accordance with the law. No exploitation beyond the approved In mining operation, it is forbidden to mine protective coal columns without authorization or adopt dangerous methods such as breaking Article 32 If any activities of coal exploitation cause occupation of areas of land or subsidence of, or damages to, land surface, the exploiter Article 33 Closure of mines and scraping of pits shall be handled in accordance with relevant laws and regulations as well as relevant provisions Article 34 The state shall establish a system under which coal mining enterprises shall accumulate funds for shifting the line of production The state encourages and supports coal mining enterprises to develop diversified economy. Article 35 The state encourages and supports coal mining enterprises and other enterprises to develop combined production of coal and electricity, The state encourages coal mining enterprises to develop coal dressing processing, comprehensively exploit and utilize seam gas, gangue, Article 36 The state shall develop and promote coal cleaning technology. The state shall take measures to ban coking with local methods. It is forbidden to newly establish coke ovens of local method; the Article 37 People’s governments at and above county level and their department of coal administration and other relevant departments shall strengthen Article 38 The system of mining bureau director’s and mine director’s responsibility shall be adopted for the control of safety in production Article 39 Mining bureau directors, mine directors and other chief persons-in-charge of the coal mining enterprises must abide by laws and regulations Article 40 Coal mining enterprises shall give their staff and workers counseling and training on safety in production; those having not received Staff and workers of coal mining enterprises shall abide by laws and regulations concerning safety in production, rules and regulations Article 41 During underground operation in coal mines, in the case of emergencies which endanger the lives and safety of the workers and cannot Article 42 The labor union of a coal mining enterprise shall, when discovering that the management of the enterprise gives a command contrary Article 43 Coal mining enterprises must provide their staff and workers with labor protection articles necessary for the guarantee of safety Article 44 Coal mining enterprises must effect accident insurance and pay the insurance expenses for the staff and workers who conduct underpit Article 45 Equipment, materials, fire products and safety instruments used by coal mining enterprises must meet the national or industrial standards. Chapter IV Coal Management Article 46 Coal mining enterprises having obtained a coal production license in accordance with the law shall be enpost_titled to sell the coal produced Article 47 For establishing a coal managing enterprise, the following requirements must be satisfied: (1) have a registered capital compatible with the management scale; (2) have fixed premises; (3) have necessary installations and sites for coal storing; (4) have up-to-standard metrological and quality inspection equipment; (5) conform to the rational distribution of coal managing enterprises demanded by the state; and (6) other requirements specified by laws or regulations. Article 48 For establishing a coal managing enterprise, an application must be submitted to a department designated by the State Council or by Article 49 In coal managing activities, coal managing enterprises shall abide by the provisions of relevant laws and regulations, improve service Article 50 Intermediate links shall be reduced and irrational intermediate links shall be liquidated in coal management. It is advocated that Coal users and coal managing enterprises in coal sales territories shall be enpost_titled to purchase coal directly from coal mining enterprises. No administrative departments may violate the state’s provisions and establish intermediate links in the course of coal supply and Article 51 Stations, ports and other transportation enterprises engaging in coal transportation may not involve themselves in coal management Article 52 The administrative department for commodity prices under the State Council shall, in conjunction with the department of coal administration Article 53 The quality of coal supplied to users by coal mining enterprises and coal managing enterprises shall meet the national or industrial Coal mining enterprises and coal managing enterprises may not adulterate coal or mix up coal of different grades or pass inferior Article 54 Coal mining enterprises and coal managing enterprises shall give compensation in accordance with the law if the quality of coal supplied Article 55 Coal mining enterprises, coal managing enterprises, transportation enterprises and coal users shall supply, transport and accept and Transportation enterprises shall separately load and stack coal they have accepted for carriage according to different quality of Article 56 The import and export of coal shall be unifiedly managed in accordance with provisions of the State Council. Large-scale coal mining enterprises with suitable conditions may engage in coal export after licensed by the administrative department Article 57 Measures for administration of coal management shall be formulated by the State Council in accordance with this Law. Chapter V Protection of Coal Mining Area Article 58 No unit or individual may endanger power, communication, water sources, transportation or other production facilities in coal mining All units and individuals are forbidden to disrupt order in production and other work of coal mining areas. Article 59 Any unit and individual shall have the right to inform the relevant authorities of or file charges against acts of stealing or destroying Article 60 Without permission of the coal mining enterprise, no unit or individual may make planting, breeding or earth-gathering or construct Article 61 Without permission of the coal mining enterprise, no unit or individual may occupy the rail line, road, waterway, wharf, power lines Article 62 When there is a need to conduct operation in the mining area of a coal mine and the operation may endanger the safety in the coal When there is a need to conduct public engineering or other engineering within a coal mining area, only after having consulted and Chapter VI Supervision and Inspection Article 63 The department of coal administration and other relevant departments shall, in accordance with the law, conduct supervision and inspection Article 64 Supervisors and inspectors from the department of coal administration and other relevant departments shall familiarize themselves Article 65 When performing supervision and inspection, supervisors and inspectors from the department of coal administration and other relevant Coal mining enterprises, coal managing enterprises and users shall provide facilities to the supervisors and inspectors from the department Article 66 Supervisors and inspectors from the department of coal administration and other relevant departments shall have the power to order Supervisors and inspectors from the department of coal administration and other relevant departments shall produce their certifications Chapter VII Legal Responsibility Article 67 If anyone violates the provisions of Article 22 of this Law and engages in coal production without a coal production license, the Article 68 If anyone violates the provisions of Article 25 of this Law and transfers or hires out its coal production license, the department Article 69 If anyone violates the provisions of Article 29 of this Law and mines coal resources without reaching the coal resources recovery Article 70 If anyone violates the provisions of Article 31 of this Law and mines the protective coal columns or adopts dangerous methods which Article 71 If anyone violates the provisions of Article 48 of this Law and engages in coal managing activities without examination and approval, Article 72 If anyone violates the provisions of Article 53 of this Law and adulterates coal or mixes up coal of different grades or passes inferior Article 73 If anyone violates the provisions of Article 60 of this Law and, without the permission of the coal mining enterprise, constructs Article 74 If anyone violates the provisions of Article 61 of this Law and, without permission of the coal mining enterprise, occupies rail Article 75 If anyone violates the provisions of Article 62 of this Law and, without obtaining approval or taking proper safety measures, conducts Article 76 Anyone committing any of the following acts shall be punished by the public security organ in accordance with relevant provisions
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