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The National People’s Congress
Order of the President of the People’s Republic of China
No.63
The Law of the People’s Republic of China on Administrative Punishments, adopted at the Fourth Session of the Eighth National People’s
Congress on March 17, 1996, is promulgated now, and shall enter into force as of October 17, 1996
President of the People’s Republic of China: Jiang Zemin
March 17, 1996
Law of the People’s Republic of China on Administrative Punishments ContentsChapter I General Provisions
Chapter II Classification and Establishment of Administrative Punishments
Chapter III Organs for Implementing Administrative Punishments
Chapter IV Jurisdiction and Application of Administrative Punishments
Chapter V Decision on Administrative Punishments
Section 1 Summary Procedure
Section 2 General Procedure
Section 3 Hearing Procedure
Chapter VI Execution of Administrative Punishments
Chapter VII Legal Responsibility
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1
This Law is enacted in pursuance of the Constitution to regulate the establishment and implementation of administrative punishments,
to ensure and supervise the effective exercise of administration by the administrative organs, to safeguard public interests and
social order, to protect lawful rights and interests of the citizens, legal persons or other organizations.
Article 2
This Law applies to the establishment and implementation of administrative punishments.
Article 3
Administrative punishments which shall be imposed on citizens, legal persons or other organizations for the acts committed in violation
of administrative order shall be stipulated by laws, regulations or rules in accordance with this law, and shall be implemented by
administrative organs in accordance with the procedure stipulated by this Law.
Administrative punishments shall be null and void, if they are inflicted without legal basis or without the observation of the legal
procedure.
Article 4
Administrative punishments shall abide by the principles of being fair and just and open to the public.
The establishment and implementation of administrative punishments must take facts as the base and correspond to the facts, nature
and seriousness of the illegal acts as well as to the extent of the harm thereby caused to the society.
Stipulations on imposing administrative punishments for illegal acts must be promulgated and if not, shall not serve as the legal
basis for administrative punishments.
Article 5
Implementing administrative punishments and checking illegal acts shall adhere to the combination of punishments and education, in
order to educate citizens, legal persons or other organizations to observe the law of their own accord.
Article 6
Citizens, legal persons or other organizations have the right to state their cases and defend themselves in respect of the administrative
punishments imposed on them , and if they refuse to accept the administrative punishments, shall have the right, according to law,
to apply for administrative reconsideration or institute an administrative law suit.
Citizens, legal persons or other organizations who have sustained damage on account of administrative punishments imposed on them
in violation of law, have the right to lodge their claims.
Article 7
Citizens, legal persons or other organizations, being imposed on administrative punishments for illegal acts, who have thereby caused
damage to other people, shall bear civil responsibility according to law.
In case illegal act has constituted a crime, criminal responsibility shall be investigated according to law, and criminal punishment
shall not be substituted by administrative punishments.
Chapter II Classification and Establishment of Administrative Punishments
Article 8
Classification of Administrative Punishments:
(1)
Warning;
(2)
Fine;
(3)
Forfeiture of illegal earnings, forfeiture of illegal property;
(4)
Order to stop production and business;
(5)
Suspension or withdrawal of permits, suspension or withdrawal of licenses;
(6)
Administrative detention; and
(7)
Other administrative punishments as stipulated by law or administrative regulations.
Article 9
Various administrative punishments can be established by law.
Administrative punishment which restrains personal liberty can only be established by law.
Article 10
Administrative regulations can establish whatever administrative punishments except those restraining personal liberty.
Where stipulations are already formulated by law on administrative punishments for illegal acts, specific stipulations to be formulated
by administrative regulations must come within the scope of acts, classification and extent stipulated by law for imposing administrative
punishments.
Article 11
Local regulations can establish administrative punishments except those restraining personal liberty and withdrawing enterprises’
business licenses.
Where stipulations are already formulated by law or administrative regulations on administrative punishments for illegal acts, specific
stipulations to be formulated by local regulations must come within the scope of acts, classification and extent stipulated by law
or administrative regulations on imposing administrative punishments.
Article 12
Rules formulated by Ministries and Commissions under the State Council may incorporate specific stipulations on administrative punishments
within the scope of acts, classification and extent stipulated by law or administrative regulations.
Where law and administrative regulations have not been formulated, the rules formulated by the Ministries and Commissions under the
State Council referred to in the preceding paragraph, may establish administrative punishments as warning and fine for acts violating
administrative order. And the limits of fines shall be stipulated by the State Council.
The State Council may authorize the organs directly under the State Council charged with the right to inflict administrative punishments
to stipulate administrative punishments in accordance with the stipulations of the preceding paragraphs 1 and 2 of this Article.
Article 13
Rules formulated by the people’s governments of provinces, autonomous regions and municipalities directly under the central government,
the people’s governments of the cities where the people’s governments of provinces and autonomous regions are seated, and the people’s
governments of large cities approved by the State Council, can incorporate specific stipulations on administrative punishments within
the scope of acts, classification and extent stipulated by law or regulations.
Where law and regulations have not been formulated, the rules formulated by the people’s governments referred to in the preceding
paragraph may establish administrative punishments as warning and fine for acts violating administrative order. And the limits for
fines shall be stipulated by the standing committees of the People’s Congress of the provinces, autonomous regions and municipalities
directly under the central government.
Article 14
Any other documents of a regulative character other than those provided in Articles 9, 10, 11, 12 and 13 shall not establish administrative
punishments.
Chapter III The Organs for Implementing Administrative Punishments
Article 15
Administrative punishments shall be implemented by the authorized administrative organs within the scope of their functions and powers.
Article 16
The State Council or the people’s governments of provinces, autonomous regions and municipalities directly under the central government
authorized by the State Council may determine whether an administrative organ has the right to exercise relevant administrative punishments,
but the right to exercise administrative punishments restraining personal liberty can only be performed by the public security organs.
Article 17
Functional organizations empowered by law or regulations in charge of the administration over public affairs may implement administrative
punishments within the scope of the lawful authorization.
Article 18
Administrative organs may, according to law, regulations and rules and within their lawful authorization, entrust the organizations
qualified for the conditions stipulated in Article 19 of this Law to implement administrative punishments, and the administrative
organs shall not entrust another organization or person to implement the administrative punishments.
The entrusting administrative organ shall be responsible for the supervision over the acts of the entrusted organization to implement
the administrative punishments, and shall bear legal responsibilities consequent upon such acts.
The entrusted organization shall, within its authorization, implement administrative punishments in the name of the entrusting administrative
organ, and shall not entrust another organization or person to implement same administrative punishments.
Article 19
The entrusted organization must be qualified for the following conditions:
(1)
Organizations formed according to law and in charge of public affairs;
(2)
Manned with personnels well-informed of related law, regulations, rules and business; and
(3)
Where technical tests or technical appraisal are required, shall have the means to conduct such tests and appraisal.
Chapter IV Jurisdiction and Application of Administrative Punishments
Article 20
Administrative punishments come under the jurisdiction of the administrative organs with the right to make administrative punishments
of the people’s governments at county level and above in the place where illegal acts have taken place, unless otherwise provided
by law or administrative regulations.
Article 21
Dispute over jurisdiction shall be referred to an administrative organ common to the disputing organs at a higher level which will
determine the jurisdiction.
Article 22
Where the illegal acts constitute crimes, the administrative organs must transfer the case to judicial organs for investigation of
criminal responsibility according to law.
Article 23
Administrative organs, when implementing administrative punishments, shall order the parties to make, or within a specified period
of time to make corrections to their illegal acts.
Article 24
A party shall be subjected to no more than one fine for the same illegal act as administrative punishment.
Article 25
Persons under the age of 14, having committed illegal acts, shall not be imposed on administrative punishments, but their guardians
shall be ordered to discipline them; persons at the age of 14 but under 18 committing illegal acts shall be imposed on either light
or mitigated administrative punishments.
Article 26
Mental patients committing illegal acts when unable to determine or control their acts, shall not be imposed on administrative punishments,
but the guardians shall be ordered to look after them. Patients suffering intermittent mental disorder committing illegal acts when
in normal mental order, shall be imposed on administrative punishments.
Article 27
Parties shall be imposed on administrative punishments, either light or mitigated, subject to one of the following instances:
(1)
Take initiative in removing or minimizing the consequential damage;
(2)
Commit illegal acts on account of being coerced by others;
(3)
Contribute in cooperation with administrative organs to investigation into and handling with illegal acts; or
(4)
Any other instances for which administrative punishments can be light or mitigated according to law.
No administrative punishment shall be imposed for trifle illegal acts which have been timely checked without causing consequent damage.
Article 28
Where the illegal acts constitute an offense for which criminal detention or fixed-term imprisonment has been rendered by the people’s
court, the administrative detention imposed on the party by the administrative organ shall, according to law, be deducted from the
period of criminal detention or imprisonment.
Where the illegal acts constitute an offense for which fine is imposed by the people’s court, the fine inflicted on the party by the
administrative organ shall be set off.
Article 29
No administrative punishment shall be given for illegal acts which have not been discovered within two years, unless otherwise provided
by law.
The time limit in the preceding paragraph shall be computed from the day of the occurrence of the illegal acts, or from the day of
the termination of continuous or consecutive illegal acts.
Chapter V Decision on Administrative Punishments
Article 30
Where citizens, legal persons or other organizations shall according to law be given administrative punishments for acts violating
administrative order, the administrative organ must ascertain the facts; no administrative punishments shall be imposed if facts
about the illegal acts remain unclear.
Article 31
Administrative organs, before making a decision on administrative punishments, shall inform the party of the facts, causes and legal
basis for making such a decision, and advise the party of the rights which the law confers on him.
Article 32
The party has the right to state the case and defend himself. The administrative organ must hear in full the party’s opinions, and
shall review and examine the facts, causes and evidence submitted by the party. The administrative organ shall adopt the facts, causes
and evidence submitted by the party if they are sustainable.
The administrative organ shall not aggravate punishments on account of the party’s statements or defense.
Section 1 Summary Procedure
Article 33
A decision on administrative punishments of a fine less than fifty renminbi yuan on citizens or less than a thousand renminbi yuan
on legal persons or other organizations, or a warning, can be made on the spot for confirmed illegal acts with sound legal basis,
and the party shall execute said administrative punishments according to Articles 46, 47 and 48 of this Law.
Article 34
Law administering personnels making a decision on administrative punishments on the spot, shall show to the party the identification
certificates for administering law, and fill in the official printed form and the statement of decision on administrative punishments
with serial number on it. The statement of decision on administrative punishment shall be given to the party on the spot.
The statement of decision on administrative punishment in the preceding paragraph shall carry the illegal acts done by the party,
legal basis for the administrative punishment, sum of the fine, time and place, name of the administrative organ, and shall be signed
or stamped by the law administering personnels.
The decision on administrative punishment, made by the law administering personnels on the spot, must be filed with their administrative
organ.
Article 35
The party who refuses to accept the decision on administrative punishment made on the spot, may according to law apply for administrative
reconsideration or lodge an administrative law suit.
Section 2 General Procedure
Article 36
Except the case, stipulated in Article 33 , where the administrative punishment may be given on spot, the administrative organ, finding
that administrative punishment shall according to law be inflicted on a citizen, legal person or other organization for their acts,
must conduct an overall, objective, fair and just investigation, collect relevant evidence, or may conduct, when necessary, an inspection
according to law or regulations.
Article 37
No less than two law administering personnels shall be present on the scene when the administrative organ conducts investigation or
inspection, and shall show their certificates to the party or related persons who should give truthful reply to inquiries and cooperate
in the investigation or inspection, without obstructing the process. Written records shall be made of the inquiries or inspection.
The administrative organ, when collecting evidence, may take evidence by random sampling and, when evidence may possibly be lost or
collected with difficulty at a later time, may preserve them with registrations being made, subject to the approval by the responsible
person of the administrative organ. Decision on the disposal shall be timely made within seven days during which period the party
or related persons shall not destroy or transfer such evidence.
Law administering personnels, having direct concern therein with the party concerned, shall withdraw.
Article 38
Following the conclusion of the investigation, responsible persons of the administrative organ shall examine the findings of the investigation
and according to various circumstances of the case, make the following decisions respectively:
(1)
Decision on administrative punishment shall be made according to the seriousness and particulars of the case if there are illegal
acts for which administrative punishment should be imposed;
(2)
Administrative punishment shall not be inflicted if illegal acts are minor ones for which administrative punishments may not be inflicted
according to law;
(3)
No administrative punishment shall be imposed if illegal acts are not sustainable; and
(4)
Illegal acts which constitute a crime shall be transferred to the judicial organ.
Where serious administrative punishment shall be imposed for complicated or major illegal acts, the decision shall be made through
collective consideration by the responsible persons of the administrative organ.
Article 39
The administrative organ, inflicting administrative punishment according to Article 38 of this Law, shall draw up a statement of
decision on administrative punishment. The statement of decision on the administrative punishment shall carry the following items:
(1)
The name or post_title of the party and address;
(2)
The facts and evidence concerning the violation of law, regulations or rules;
(3)
Classification and legal basis of the administrative punishment;
(4)
Method and time limit for executing the administrative punishment;
(5)
Avenue and time limit for application for administrative reconsideration and for the institution of an administrative law suit, if
the party refuses to accept the administrative punishment; and
(6)
The name of the administrative organ making such punishment and the date of the decision.
Decision on administrative punishment must carry the official stamp of the administrative organ making the administrative punishment.
Article 40
The statement of decision on administrative punishment shall be delivered to the party on spot after pronouncement, and in absence
of the party, the administrative organ shall, according to Civil Procedure Law, serve within seven days the statement of the decision
to the party.
Article 41
In case the administrative organ and its law administering personnels fail, before making the decision on administrative punishment,
to inform the party of the facts, causes and legal basis for making such a decision, or refuse to hear the party’s presentation of
the case and defense, as stipulated in Articles 31 and 32 of this Law, the administrative punishment can not be established, unless
the party has waived his right to the presentation and defense.
Section 3 Hearing Procedure
Article 42
The administrative organ before making a decision on the administrative punishment such as ordering to stop production and business,
withdrawing the permit or license, or large sum of fine, shall advise the party of the right to hearing. And the administrative organ
at the request of the party shall organize hearing, and the party shall not bear the expenses for the hearing. Hearing shall be organized
in the following manner:
(1)
The party shall, within 3 days after being informed by the administrative organ, notify them of the party’s request for hearing;
(2)
The administrative organ shall notify the party of the time and place of the hearing seven days before it;
(3)
Hearing shall be held in public, with the exception that the state’s or commercial secret or personal privacy is involved;
(4)
Hearing shall be presided over by the personnel appointed by the administrative organ other than the investigators of the case and
the party, submitting that the presider has direct interest in the case, have the right to apply for the withdrawal;
(5)
The party may attend in person or appoint one or two agents to the hearing;
(6)
At hearing the investigators state the facts of the illegal acts done by the party, present the evidence and make suggestion on administrative
punishment; the party may make defense and question the evidence; and
(7)
Written records on the hearing shall be made which shall be examined to see no error with it, and signed or stamped by the party.
The party who takes objection to administrative punishment on restraint of personal liberty, shall act according to the Regulations
on Administrative Penalties for Public Security.
Article 43
Following the hearing, the administrative organ shall make the decision in accordance with the provisions of Article 38 of this Law.
Chapter VI Execution of Administrative Punishment
Article 44
After the decision on administrative punishment is made in accordance with law, the party shall execute the decision within the time
limit prescribed in the decision.
Article 45
The execution of the administrative punishment shall not be suspended when the party refuses to accept the decision and applies for
administrative reconsideration or lodge an administrative law suit, unless otherwise provided by law.
Article 46
The administrative organ making the decision on fine shall be separated from the collecting agency of the fine.
The administrative organ making the decision on administrative punishments and its law administering personnels shall not collect
fines on their own authority, with the exception of the fines collected on spot in accordance with Articles 47 and 48.
The party shall, within fifteen days from the day of receiving the statement of decision on administrative punishment, pay the fines
to the appointed bank. The bank shall, after receipt of the fines, hand them directly to the state treasury.
Article 47
In case a decision is made on administrative punishment on spot in accordance with the provisions of Article 33 of this Law, the
law administering personnels may collect fines on spot, subject to one of the following instances:
(1)
A fine less than twenty renminbi yuan imposed according to law; or
(2)
Fines, if not collected on spot, shall be hardly executed.
Article 48
Administrative organs and their law administering personnels, having made the decisions on fines in accordance with Articles 33 and
38, may collect them on spot at the request of the parties, provided the parties in remote border areas, or on waters, or in area’s
with inconvenient traffic, have difficulties when paying the fines to the appointed banks.
Article 49
Administrative organs and their law administering personnels collecting fines on spot, must issue to the parties the uniform receipt
for fines printed and issued by the financial departments of provinces, autonomous regions and municipalities directly under the
central government, and without issuing the uniform receipts for fines printed and issued by the financial departments, parties have
the right to refuse the payment of fines.
Article 50
Law administering personnels collecting fines on spot shall, within two days from the day of fine, hand the fines over to the administrative
organs; fines collected on spot on waters shall be handed over to the administrative organs within two days from the day of disembarkation.
Administrative organs shall within two days hand the fines over to the appointed banks.
Article 51
In case of failure by the party to execute the decision on administrative punishment within the prescribed time limit, the administrative
organ making the decision on the punishment may take the following measures:
(1)
In case of failure to pay the fine in time, an additional fine shall be imposed amounting to three per cent of the original fine on
a daily rate basis;
(2)
In accordance with law, the sealed up or seized property can be put to auction to pay, or appropriation of the frozen bank deposit
can be made for payment of, the fine; or
(3)
Apply to the people’s court for enforcement.
Article 52
At the request of the party assuredly in economic difficulty, payment of fine may be postponed or made in installments, subject to
the approval by the administrative organ.
Article 53
Illegal property which has been confiscated with the exception of those to be destroyed according to law, must be auctioned publicly
or otherwise disposed of according to relevant stipulations of the state.
Fines, confiscated illegal earnings or proceeds of the illegal property by auction must be handed over in its entirety to the state
treasury, and shall not be withheld or shared privately and secretly in any manner by any administrative organs or individuals. Financial
departments shall not return in any forms to administrative organs making decisions on administrative punishments, the fines, confiscated
illegal earnings or proceeds by auction of the confiscated illegal property.
Article 54
Administrative organs shall establish and complete the system of supervision over administrative punishments. And people’s governments
at county level and above shall strengthen the supervision and inspection over administrative punishments.
Citizens, legal persons and other organizations have the right to lodge their complaints or make report on the punishments imposed
by the administrative organs. Administrative organs shall make conscientious examinations and take initiative in correction if anything
is found wrong with the administrative punishments.
Chapter VII Legal Responsibility
Article 55
Where administrative organs implement administrative punishments in one of the following instances, superior administrative organs
or other related departments shall order said administrative organs to make correction and may give disciplinary sanctions according
to law to personnels in charge, and other personnels, bearing direct responsibility:
(1)
No legal basis for imposing administrative punishments;
(2)
Alterations made on one’s own authority in classification and extent of administrative punishments;
(3)
Violations of the legal procedure for administrative punishments; or
(4)
Violations of Article 18 of this Law on entrustment of implementing punishments.
Article 56
If administrative organs implementing punishments on parties do not use documents and receipts specially designed for, or use those
documents and receipts which are not printed and issued by lawfully appointed departments for, fines and confiscated property, the
parties have the right to reject the punishments and make report thereon. Superior administrative organs or other related departments
shall collect the illegal documents and receipts for destruction, and impose disciplinary sanctions on the personnels in charge,
and other personnels, bearing direct responsibility.
Article 57
Where administrative organs collect fines on their own authority in violation of Article 46 of this Law or financial departments
return to administrative organs fines or proceeds of auction in violation of Article 53 of this Law, superior administrative organs
or related departments shall order said administrative organs or financial departments to make corrections and impose disciplinary
sanctions on the personnels in charge, and other personnels, bearing direct responsibility.
Article 58
Fines, confiscated illegal earnings or property which have been withheld or shared privately or secretly in any manner by the administrative
organs, shall be recovered by financial departments or other related departments and disciplinary sanctions shall be imposed on the
personnels in charge, and other personnels, bearing direct responsibility, or if the case is so serious as to constitute a crime,
criminal responsibility shall be investigated.
Law administering personnels abusing their authority to demand or accept and take into their possession other’s property or collected
fines, shall be charged with criminal responsibility if the such acts constituted an offense; and disciplinary sanctions shall be
imposed on them if the acts are minor ones not sufficient for a crime.
Article 59
Administrative organs using or damaging the property held in custody, thereby causing loss or damage to the party, shall make compensation
according to law, and disciplinary sanctions shall be imposed on the personnels in charge, and other personnels, bearing direct responsibility.
Article 60
Administrative organs implementing inspective or executive measures in violation of law, thereby causing personal or property damage
to citizens, or causing loss to legal persons or other organizations, shall make compensation according to law, and disciplinary
sanctions shall be imposed on the personnels in charge, and other personnels, bearing direct responsibility; criminal responsibility
shall be investigated according to law if the case is so serious as to constitute a crime.
Article 61
Where administrative organs seek private interest for the units themselves by withholding cases which should be transferred to judicial
organs according to law for determination of criminal responsibility and substitute administrative punishments for criminal punishments,
superior administrative organs or other related departments shall order said administrative organs to make corrections, or otherwise
impose disciplinary sanctions on the personnels in charge bearing direct responsibility, if they refuse to correct themselves. Those
who play favoritism and protect illegal acts shall be charged with criminal responsibility by applying mutatis mutandis the provisions
of Article 188 of the Criminal Law.
Article 62
Where law administering personnels who have neglected their duties resulting in failure to check or punish illegal acts which should
be checked or punished, have caused damage to lawful rights of citizens, legal persons or other organizations, to public interest
and social order, the personnels in charge, and other personnels, bearing direct responsibility shall be imposed on disciplinary
sanctions according to law, and if the cases are so serious as to constitute crimes, criminal responsibility shall be investigated
according to law.
Chapter VIII Supplementary Provisions
Ar
| Category |
ENVIRONMENTAL PROTECTION |
Organ of Promulgation |
The Standing Committee of the National People’s Congress |
Status of Effect |
In Force |
| Date of Promulgation |
1996-05-15 |
Effective Date |
1996-05-15 |
|
|
|
Decision of the Standing Committee of the National People’s Congress Regarding the Revision of the Law of the People’s Republic of
China on the Prevention and Control of Water Pollution |
Appendix: LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON THE PREVENTION AND
Contents
Chapter I General Provisions
Chapter II Establishment of Water Environment Quality Standards and
Chapter III Supervision and Management of the Prevention and Control of
Chapter IV Prevention of Surface Water Pollution
Chapter V Prevention of Groundwater Pollution
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
(adopted at the 19th Meeting of the Standing Committee of the Eighth
National People’s Congress on May 15, 1996, and promulgated by Order No.66 of
the President of the People’s Republic of China on the same date)
The 19th Meeting of the Standing Committee of the Eighth National People’s
Congress has decided to revise the Law of the People’s Republic of China on
the Prevention and Control of Water Pollution as follows:
1. The second paragraph of Article 7 is amended as: “The people’s
governments of provinces, autonomous regions and municipalities directly under
the Central Government may establish its local standards for the discharge of
water pollutants for items not specified in the national standards; with
regard to items already specified in the national standards, it may set local
standards which are more stringent than the national standards. The local
standards for the discharge of water pollutants must be reported to the
environmental protection department of the State Council for the record.”
2. Add a new article as Article 10: “The prevention and control of water
pollution shall be planned in a unified way on the basis of river basins or
regions. Water pollution prevention and control plans for major river basins
designated by the state shall be drawn up by the environmental protection
department of the State Council in consultation with the competent planning
department, the water conservancy administration department and other
competent departments under the State Council, and the people’s governments of
involved provinces, autonomous regions and municipalities under the Central
Government, and shall be reported to the State Council for approval.
“Water pollution prevention and control plans for other river basins
involving two or more provinces or counties shall, in accordance with the
plans for major river basins designated by the state and with the local
practical situations, be drawn up by the environmental protection department
in consultation with the water conservancy administration department and other
competent departments of the people’s government at or above the provincial
level, and the local people’s governments involved, and shall be reported to
the State Council or the people’s government at the provincial level for
approval. Plans for other river basins involving two or more counties but not
involving different provinces shall be reported by the people’s government of
the province to the State Council for the record.
“The approved plans shall serve as the bases for the prevention and
control of water pollution. Any amendment to an approved plan must be approved
by the original approving department.
“Local people’s governments at or above the county level shall, in
accordance with the water pollution prevention and control plans for river
basins already approved according to law, organize to formulate plans for the
prevention and control of water pollution within their respective
administrative areas, and shall incorporate such plans into the medium- and
long-term plans and annual plans for the national economy and social
development of their respective administrative areas.”
3. The third paragraph of Article 13 is amended as: “Facilities for the
prevention and control of water pollution at a construction project must be
designed, built and commissioned together with the principal part of the
project. Such facilities must be inspected by the environmental protection
department; if they do not conform to the specified requirements, the said
project shall not be permitted to be put into operation or to use.”
Add a new paragraph as the fourth paragraph: “The environmental impact
statement shall include views of units and residents where the construction
project is to be located.”
4. The second paragraph of Article 14 is amended as: “The pollutant
discharging units mentioned in the preceding paragraph shall report in time if
any substantial change occurs in the categories, quantities or concentrations
of the water pollutants discharged. Their water pollutant treatment facilities
must be kept in normal use. When such facilities are to be dismantled or left
idle, prior approval must be obtained from the environmental protection
department of the local people’s government at or above the county level.”
5. Delete the reading “and shall assume responsibility to eliminate and
control the pollution” in Article 15. Add two new paragraphs thereto as the
second and the third paragraphs respectively, which read: “The income derived
from the discharge fee and the fee for excess discharge must be used for the
prevention and control of pollution and shall not be appropriated for other
purposes.
“Enterprises and institutions discharging pollutants in excess of the
prescribed standards must work out a programme to eliminate and control the
pollution, and report such programme to the environmental protection
department of the local people’s government at or above the county level for
the record.”
6. Add a new article as Article 16: “Where the water pollutant discharge
standards have been reached but cannot ensure the attainment of the water
environment quality standards for water bodies, the people’s governments at or
above the provincial level may establish a system for controlling the total
quantity of major pollutants discharged, and practise a system for determining
the quantity of such major pollutants discharged among enterprises which are
responsible for reducing the quantity of pollutants discharged. The State
Council shall formulate specified measures therefor.”
7. Add a new article as Article 17: “The environmental protection
department of the State Council may, in consultation with the water
conservancy administration department under the State Council and the relevant
people’s government at the provincial level, and in accordance with uses and
functions of water bodies of major river basins designated by the state and
with local economic and technological conditions, set the water environmental
quality standards applicable to provincial boundary water bodies of such major
river basins, and report to the State Council and implement them after
approval.”
8. Add a new article as Article 18: “The working organs for water resource
protection of major river basins designated by the state shall be responsible
for monitoring the state of environmental quality of provincial boundary water
bodies within their respective river basin areas, and report the monitoring
results in time to the environmental protection department and the water
conservancy administration department of the State Council; if a leading organ
for water resource protection of the river basin has been established with the
approval of the State Council, the monitoring results shall in time be
reported thereto.”
9. Article 10 is changed into Article 19 and amended as: “Urban sewage
shall be disposed of in a centralized way.
“Competent departments under the State Council and local people’s
governments at various levels must incorporate into their plans of municipal
construction the protection of urban water sources and the prevention and
control of urban water pollution, construct and perfect municipal drainage
systems, and construct urban sewage treatment facilities in a planned way, in
order to strengthen the comprehensive improvement of urban water environment.
“Urban sewage treatment facilities shall, according to the state
provisions, be used to provide paid service of sewage treatment for pollutant
dischargers, and the fee for sewage treatment shall be collected to ensure the
normal operation of sewage treatment facilities. Where sewage is discharged
into urban sewage treatment facilities and the fee for sewage treatment has
been paid therefor, the discharge fee shall not be levied. The income derived
from the fee for sewage treatment so collected must be used for the
construction and operation of urban sewage treatment facilities and may not be
appropriated for other purposes.
“The State Council shall formulate specific measures for the collection of
the sewage treatment fee, and for the management and utilization of urban
sewage treatment facilities.”
10. Add a new article as Article 20: “People’s governments at or above the
provincial level may delineate protected zones for surface sources of domestic
and drinking water according to law. Such protected zones include the first
and other classes protected zones. Specific water and land areas in the
vicinity of intakes at a surface source for domestic and drinking water may be
delineated as a first class protected zone, and those water and land areas
outside the first class protected zone be delineated as other class protected
zone. Various classes protected zones shall have their definite geographical
boundaries.
“The discharge of waste water into water bodies at the first class
protected zones for surface sources of domestic and drinking water shall be
prohibited.
“Tours, swims and other activities which might cause pollution to domestic
and drinking water bodies within the first class protected zones shall be
prohibited.
“Any new construction project or expansion unrelated to water supply
facilities and to the protection of water sources within the first class
protected zones for surface sources of domestic and drinking water shall be
prohibited.
“People’s governments at or above the county level shall, according to
their limits of authorities specified by the State Council, order to dismantle
or improve within a prescribed time period those sewage outfalls already set
up within the first class protected zones for surface sources of domestic and
drinking water.
“The protection of domestic and drinking groundwater sources shall be
strengthened.
“The State Council shall formulate specific measures for the protection of
domestic and drinking water sources.”
Delete the phrase “domestic and drinking water sources” in Article 12.
11. Add a new article as Article 22: “Enterprises shall adopt clean
production techniques which are efficient in the use of raw materials and
discharge small quantity of pollutants, and shall strengthen the management to
reduce the water pollutants generated.
“The state establishes a system for eliminating those backward production
techniques and equipment, which cause severe pollution to water environment.
“The competent comprehensive administrative department of economy under
the State Council shall, in consultation with departments concerned under the
State Council, announce a catalogue of techniques which cause severe pollution
to water environment and of which the adoption is to be prohibited upon the
expiration of a prescribed time period, as well as a catalogue of equipment
which causes severe pollution to water environment and of which the
production, sale, importation and use are to be prohibited upon the expiration
of a prescribed time period.
“Producers, marketers, importers or users must, within the time limit
specified by the competent comprehensive administrative department of economy
in consultation with departments concerned under the State Council, stop
respectively the production, sale, importation or use of equipment listed in
the catalogue mentioned in the preceding paragraph. Adopters of production
techniques must, within the time limit specified by the competent
comprehensive administrative department of economy in consultation with
departments concerned under the State Council, stop the adoption of techniques
listed in the catalogue mentioned in the preceding paragraph.
“Equipment already eliminated according to the provisions in two preceding
paragraphs may not be transferred to others for use.”
12. Add a new article as Article 23: “The state prohibits the
establishment of any new small-size enterprise engaging in chemical paper pulp
making, printing and dyeing, dyestuff, hide processing, electroplating, oil
refining or agricultural chemical without measures for the prevention and
control of water pollution, and other enterprises which may cause severe
pollution to water environment.”
13. Add a new article as Article 26: “Water pollution disputes involving
different administrative areas shall be settled through negotiation between or
among local people’s governments involved therein, or through co-ordination by
their common higher people’s government.”
14. Article 20 is changed into Article 28 and a new paragraph added as the
second paragraph: “In the case of any pollution accident caused to fisheries,
the fisheries administrative and superintendency agencies shall be responsible
for its investigation and disposal.”
15. Add a new article as Article 39: “The agricultural administration
department and other relevant departments of a local people’s government at or
above the county level shall take measures to instruct agricultural producers
to apply chemical fertilizers and pesticides in a scientific and rational
manner, and control the excessive use of chemical fertilizers and pesticides,
so as to prevent water pollution therefrom.”
16. Add a new article as Article 47: “If, in violation of the provisions
of the third paragraph of Article 13 in this Law, a construction project is
put into operation or to use when its facilities for the prevention and
control of water pollution have not completed or fail to meet the state
specified requirements, the environmental protection department that approved
the environmental impact statement of the said project shall order the
violator to stop the operation or use of the project and may concurrently
impose a fine.”
Delete Item (2) in Article 37.
17. Add a new article as Article 48: “If a pollutant discharging unit, in
violation of the provisions of the second paragraph of Article 14 in this Law,
intentionally does not keep its water pollutant treatment facilities in normal
use, or dismantles or leaves idle such facilities without approval of the
environmental protection department, thereby discharging pollutants in excess
of prescribed standards, the environmental protection department of a local
people’s government at or above the county level shall order it to restore
such facilities to the normal use, or set a time limit for it to reinstall and
reuse such facilities, and concurrently impose a fine.”
18. Add a new article as Article 49: “If anyone, in violation of the
provisions of the fourth paragraph of Article 20 in this Law, establishes
within the first class protected zones for surface source of domestic and
drinking water any new construction or expansion project unrelated to water
supply facilities and to the protection of water sources, the people’s
government at or above the county level shall, according to its limit of
authorities specified by the State Council, order the violator to suspend
operations or close down.”
19. Add a new article as Article 50: “If anyone, in violation of the
provisions of Article 22 in this Law, produces, sells, imports or uses
equipment, or adopts techniques, which have already been prohibited, the
competent comprehensive administrative department of economy of the people’s
government at or above the county level shall order the violator to make
correction; if the circumstances are serious, the said department shall
propose and report to the people’s government at the corresponding level for
an order of suspension of operations or shutdown issued within its limit of
authorities specified by the State Council.”
20. Add a new article as Article 51: “If anyone, in violation of the
provisions of Article 23 in this Law, establishes any small-size enterprise
without measures for the prevention and control of water pollution, thereby
causing severe pollution to water environment, the local people’s government
at the city or county level or the higher people’s government shall order to
shut down such enterprise.”
21. Article 39 is changed into Article 53 and amended as: “A pollutant
discharging unit which violates this Law, thereby causing a water pollution
accident, shall be fined according to the consequent damage and loss by the
competent environmental protection department of the local people’s government
at or above the county level in the place where the accident takes place.
“In the case of a pollution accident caused to fisheries or caused by
vessels, the competent fisheries administration and superintendency agency or
the navigation office of the competent transportation department in the place
where the accident takes place shall impose a fine respectively according to
the consequent damage and loss.
“If the circumstances are serious in a water pollution accident, the
persons responsible shall be subject to disciplinary sanction by the unit to
which they belong or by a higher competent authority.”
22. Add a new article as Article 58: “Personnel conducting supervision and
management of environmental protection or other relevant state personnel who
abuses his power, neglects his duty or engages in malpractices for personal
gains shall be given disciplinary sanction by the unit to which he belongs or
the competent higher authorities: if his act constitutes a crime, he shall be
investigated for criminal responsibility according to law.”
23. Add a new article as Article 59: “With regard to individual businesses
that discharge pollutants into water bodies and cause severe pollution,
standing committees of the people’s congresses of the provinces, autonomous
regions and municipalities directly under the Central Government shall
formulate measures therefor in accordance with the principles in the
provisions of this Law.”
This Decision comes into force on the date of the promulgation.
The Law of the People’s Republic of China on the Prevention and Control of
Water Pollution shall be republished after being correspondingly revised
according to this Decision.
Appendix: LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON THE PREVENTION AND
CONTROL OF WATER POLLUTION
(Adopted at the fifth meeting of the Standing Committee of the Sixth National
People’s Congress on May 11, 1984, and revised according to the Decision
Regarding the Revision of the Law of the People’s Republic of China on the
Prevention and Control of Water Pollution adopted at the 19th meeting of the
Standing Committee of the Eighth National People’s Congress on May 15, 1996)
Contents
Chapter I General Provisions
Chapter II Establishment of Water Environment Quality Standards and
Pollutant Discharge Standards
Chapter III Supervision and Management of the Prevention and Control of
Water Pollution
Chapter IV Prevention of Surface Water Pollution
Chapter V Prevention of Groundwater Pollution
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated for the purpose of preventing and
controlling water pollution, protecting and improving the environment,
safeguarding human health, ensuring the effective use of water resources and
facilitating the development of socialist modernization.
Article 2 This Law shall apply to the prevention and control of pollution
of rivers, lakes, canals, irrigation channels, reservoirs and other surface
water bodies and of groundwater within the territory of the People’s Republic
of China.
This Law is not applicable to the prevention and control of marine
pollution, which is provided for by a separate law.
Article 3 Competent departments under the State Council and local
people’s governments at various levels shall incorporate the protection of the
water environment into their plans and adopt ways and measures to prevent and
control water pollution.
Article 4 The environmental protection departments of the people’s
governments at all levels shall be the organs exercising unified supervision
and management of the prevention and control of water pollution.
Navigation administrative offices of transportation departments at various
levels shall be the organs exercising supervision and management of pollution
from ships.
Water conservancy administration departments, public health administration
departments, geological and mining departments, municipal administration
departments and water sources protection agencies on major rivers of people’s
governments at various levels shall, through performing their respective
functions and in conjunction with environmental protection departments,
implement supervision and management of the prevention and control of water
pollution.
Article 5 All units and individuals shall have the duty to protect the
water environment and the right to supervise any act that pollutes or damages
the water environment and to inform against the polluter.
Any unit or individual that has suffered losses directly from a water
pollution hazard shall have the right to claim damages from and demand the
elimination of the hazard by the polluter.
Chapter II Establishment of Water Environment Quality Standards and
Pollutant Discharge Standards
Article 6 The environmental protection department of the State Council
shall establish national water environment quality standards.
The people’s governments of provinces, autonomous regions, and
municipalities directly under the Central Government may establish their own
local, supplementary standards for those items not specified in the national
water environment quality standards and report the same to the environmental
protection department of the State Council for the record.
Article 7 The environmental protection department of the State Council
shall, in accordance with the national water environment quality standards and
the country’s economic and technological conditions, establish national
pollutant discharge standards.
The people’s governments of provinces, autonomous regions and
municipalities directly under the Central Government may establish its local
standards for the discharge of water pollutants for items not specified in the
national standards; with regard to items already specified in the national
standards, it may set local standards which are more stringent than the
national standards. The local standards for the discharge of water pollutants
must be reported to the environmental protection department of the State
Council for the record.
Those who discharge pollutants into any water body where local pollutant
discharge standards have been established shall observe such local standards.
Article 8 The environmental protection department of the State Council
and the people’s governments of provinces, autonomous regions, and
municipalities directly under the Central Government shall amend in due time
their respective water environment quality standards and pollutant discharge
standards in accordance with the requirements of water pollution prevention
and control and with the country’s economic and technological conditions.
Chapter III Supervision and Management of the Prevention and Control of
Water Pollution
Article 9 Competent departments under the State Council and local
people’s governments at various levels shall, in the process of developing,
utilizing, regulating and allocating water resources, make integrated plans
for maintaining proper river flows, proper water levels of lakes and
reservoirs and proper groundwater tables, in order to sustain the natural
purification capacity of water bodies.
Article 10 The prevention and control of water pollution shall be planned
in a unified way on the basis of river basins or regions. Water pollution
prevention and control plans for major river basins designated by the state
shall be drawn up by the environmental protection department of the State
Council in consultation with the competent planning department, the water
conservancy administration department and other competent departments under
the State Council, and the people’s governments of involved provinces,
autonomous regions and municipalities under the Central Government, and shall
be reported to the State Council for approval.
Water pollution prevention and control plans for other river basins
involving two or more provinces or counties shall, in accordance with the
plans for major river basins designated by the state and with the local
practical situations, be drawn up by the environmental protection department
in consultation with the water conservancy administration department and other
competent departments of the people’s government at or above the provincial
level, and the local people’s governments involved, and shall be reported to
the State Council or the people’s government at the provincial level for
approval. Plans for other river basins involving two or more counties but not
involving different provinces shall be reported by the people’s government of
the province to the State Council for the record.
The approved plans shall serve as the bases for the prevention and control
of water pollution. Any amendment to an approved plan must be approved by the
original approving department.
Local people’s governments at or above the county level shall, in
accordance with the water pollution prevention and control plans for river
basins already approved according to law, organize to formulate plans for the
prevention and control of water pollution within their respective
administrative areas, and shall incorporate such plans into the medium- and
long-term plans and annual plans for the national economy and social
development of their respective administrative areas.
Article 11 Competent departments under the State Council and local
people’s governments at various levels shall make rational plans for the
placement of industry, and see to it that enterprises causing water pollution
are modified and technically renovated, adopting comprehensive prevention and
control measures, raising the frequency of water reuse, utilizing resources
rationally and reducing the quantity of waste water and pollutants discharged.
Article 12 For water bodies at scenic or historic sites, important
fishery water bodies and other water bodies of special economic or cultural
value, people’s governments at or above the county level may delineate
protected zones and take measures to ensure that the water quality in those
protected zones complies with the standards for their designated uses.
Article 13 New construction projects, extensions, or reconstruction
projects which discharge pollutants into water bodies directly or indirectly
and installations on water shall be subject to the state provisions concerning
environmental protection for such projects.
&nb
Mineral Resources Law of the People’s Republic of China
(Adopted at the 15th Meeting of the Standing Committee of the Sixth National People’s Congress on March 19, 1986, and revised in accordance
with the Decision of the Standing Committee of the National People’s Congress on Revising the Mineral Resources Law of the People’s
Republic of China adopted at the 21st Meeting of the Standing Committee of the Eighth National People’s Congress on August 29, 1996)
CHAPTER I GENERAL PROVISIONS
CHAPTER II REGISTRATION FOR EXPLORATION OF MINERAL RESOURCES AND EXAMINATION AND APPROVAL OF MINING
CHAPTER III EXPLORATION OF MINERAL RESOURCES
CHAPTER IV MINING OF MINERAL RESOURCES
CHAPTER V COLLECTIVELY-OWNED MINING ENTERPRISES AND PRIVATELY-OWNED MINING UNDERTAKINGS
CHAPTER VI LEGAL LIABILITY
CHAPTER VII SUPPLEMENTARY PROVISIONS
Article 1 This Law is enacted in accordance with the Constitution of the People’s Republic of China, with a view to developing the mining industry,
promoting the exploration, development, utilization and protection of mineral resources and ensuring the present and long-term needs
of the socialist modernization programme.
Article 2 This Law must be observed in exploring and mining mineral resources within the territory of the People’s Republic of China and the
marine areas under its jurisdiction.
Article 3 Mineral resources belong to the State. The rights of State ownership in mineral resources is exercised by the State Council. State
ownership of mineral resources, either near the earth’s surface or underground, shall not change with the alteration of ownership
or right to the use of the land which the mineral resources are attached to.
The State safeguards the rational development and utilization of mineral resources. Seizing or damaging mineral resources by any means
and by any organization or individual shall be prohibited. People’s governments at various levels must make serious efforts to protect
mineral resources.
Anyone who wishes to explore or mine mineral resources shall separately make an application according to law and shall register after
obtaining the right of exploration or mining upon approval, with the exception of the mining enterprises that have, in accordance
with law, applied for and obtained the right of mining and are conducting exploration within the designated mining area for the purpose
of their own production. The State protects the right of exploration and of mining from encroachment and protects the order of production
and other work in the mining and exploration areas from interference and disruption.
Anyone engaged in exploring and mining of mineral resources shall meet the prescribed qualifications.
Article 4 The State protects the lawful rights and interests of mining enterprises, established in accordance with law, in mining of mineral
resources.
The State-owned mining enterprises are the mainstay in mining mineral resources. The State guarantees the consolidation and expansion
of State-owned mining enterprises.
Article 5 The State practises a system wherein the exploration right and mining right shall be obtained with compensation; however, the State
may, in light of specific conditions, prescribe reduction of or exemption from the compensation for acquiring the exploration right
and mining right. Specific measures and implementation procedures shall be formulated by the State Council.
Anyone who mines mineral resources must pay resource tax and resource compensation in accordance with relevant regulations of the
State.
Article 6 Exploration right and mining right shall not be transferred except for the transfers made according to the following provisions:
(1) The exploration licensees shall have the right to carry out specified explorations within the designated exploration areas and
have the priority to obtain the right to mine the mineral resources in the exploration areas. The exploration licensees, after fulfilling
the specified minimum input to exploration and obtaining approval in accordance with law, may transfer the exploration right to another.
(2) A mining enterprise that has obtained the mining right but needs to change the subject of the mining right, because of merger,
division, forming of an equity joint venture or contractual joint venture, sale of its assets, or change of ownership of its assets
in other manners, may transfer its mining right to another, subject to approval in accordance with law.
The specific measures and implementation procedures concerning the provisions in the preceding paragraph shall be stipulated by the
State Council.
Profiteering in exploration right or mining right shall be prohibited.
Article 7 With regard to the exploration and development of mineral resources, the State applies the principles of unified planning, rational
geographical distribution, multi-purpose exploration, rational mining and multi-purpose utilization.
Article 8 The State encourages scientific and technological research on the exploration and development of mineral resources, promotes advanced
technology so as to raise the scientific and technological level of mineral exploration and development.
Article 9 Any organization or individual that has achieved outstanding successes in the exploration, development and protection of mineral
resources and in scientific and technological research shall be awarded by relevant people’s government.
Article 10 In mining mineral resources in national autonomous areas, the State should give consideration to the interests of those areas and
make arrangements favourable to the areas’ economic development and to the production and well-being of the local minority nationalities.
Self-government organs in national autonomous areas shall, in accordance with legal provisions and unified national plans, have the
priority to develop and utilize in a rational manner the mineral resources that may be developed by the local authorities.
Article 11 The department in charge of geology and mineral resources under the State Council shall be responsible for supervision and administration
of the exploration and mining of the mineral resources throughout the country. Other relevant competent departments under the State
Council shall assist the department in charge of geology and mineral resources under the State Council in supervising and administering
the exploration and mining of the mineral resources.
The departments in charge of geology and mineral resources under the people’s governments of provinces, autonomous regions and municipalities
directly under the Central Government shall be in charge of supervision and administration of the exploration and mining of the mineral
resources within their respective administrative areas. Other relevant departments under the people’s governments of provinces, autonomous
regions and municipalities directly under the Central Government shall assist the departments in charge of geology and mineral resources
at the corresponding levels in supervising and administering the exploration and mining of the mineral resources.
CHAPTER II REGISTRATION FOR EXPLORATION OF MINERAL RESOURCES AND EXAMINATION AND APPROVAL OF MINING
Article 12 The State practises a unified regional registration system for exploration of mineral resources. The department in charge of geology
and mineral resources under the State Council shall be responsible for the registration of exploration of mineral resources. The
State Council may authorize other relevant competent departments to handle the registration of exploration of specified minerals.
Measures for regional registration of exploration of mineral resources shall be formulated by the State Council.
Article 13 The department in charge of examination and approval of mineral reserves under the State Council or departments in charge of examination
and approval of mineral reserves of provinces, autonomous regions and municipalities directly under the Central Government shall
be responsible for the examination and approval of the prospecting reports to be used for mining construction designing and shall,
within the prescribed time limit, give official replies to the units that submitted the reports. Unless it is approved, a prospecting
report may not be used as the basis for mining construction designing.
Article 14 Archives of mineral exploration results and statistical data of reserves of various minerals shall be subject to unified management,
and shall be collected or compiled for submission in accordance with the regulations of the State Council.
Article 15 Anyone who wishes to establish a mining enterprise must meet the qualifications prescribed by the State, and the department in charge
of examination and approval shall, in accordance with law and relevant State regulations examine the enterprise’s mining area, its
mining design or mining plan, production and technological conditions and safety and environmental protection measures. Only those
that pass the examination shall be granted approval.
Article 16 Anyone who wishes to mine the following mineral resources shall be subject to examination and approval by the department in charge
of geology and mineral resources under the State Council, which shall also issue a mining license:
(1) those within the mining areas embraced in State plans or within the mining areas which are of great value to the national economy;
(2) those outside the areas mentioned in the preceding sub-paragraph, and where the minerable mineral reserves are at least of a large
quantity;
(3) specified minerals of which protective mining is prescribed by the State;
(4) those in the territorial seas and other sea areas under China’s jurisdiction; and
(5) other mineral resources as prescribed by the State Council.
The competent departments authorized by the State Council may conduct examination of and grant approval to mining of such specified
minerals as oil, natural gas, radioactive minerals and issue mining licenses.
The mining of mineral resources that are not covered by the provisions of paragraphs 1 and 2 and the mineable reserves of which are
of medium quantity shall be subject to examination and approval by the departments in charge of geology and mineral resources under
the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government, which shall issue
mining licenses.
Measures for the administration of the mining of mineral resources not covered by the provisions of paragraphs 1, 2 and 3 shall be
formulated by the standing committees of the people’s congresses of provinces, autonomous regions and municipalities directly under
the Central Government according to law.
Where examination and approval are conducted and mining licenses are issued under the provisions of paragraph 3 and paragraph 4, the
departments in charge of geology and mineral resources under the people’s governments of provinces, autonomous regions and municipalities
directly under the Central Government shall collect the cases and submit them to the department in charge of geology and mineral
resources under the State Council for the record.
The standards for large and medium quantities of mineral reserves shall be formulated by the department in charge of examination and
approval of mineral reserves under the State Council.
Article 17 The State institutes a policy of planned mining with regard to mining areas that are embraced in State plans, mining areas that are
of great value to the national economy and the specified minerals of which protective mining is prescribed by the State. Unless approved
by the competent department under the State Council, no unit or individual may carry out such mining.
Article 18 After the limits for the mining areas that are embraced in State plans, the limits for mining areas that are of great value to the
national economy, and the limits for mining areas of mining enterprises have been defined according to law, the competent departments
that defined the limits of the mining areas shall notify the relevant people’s governments at the county level to announce them.
If a mining enterprise wishes to change the limits of its mining area, it must apply to the department that examined or approved of
the limits for approval and apply to the department that issued the mining license for reissue of a mining license after verification.
Article 19 The local people’s governments at various levels shall adopt measures to maintain normal order in the mining areas of State-owned
mining enterprises and other mining enterprises within their respective administrative areas.
No unit or individual may enter and carry out mining in the mining areas of a State-owned mining enterprise or other mining enterprise
that was established according to law.
Article 20 Unless approved by the competent departments authorized by the State Council, no one may mine mineral resources in the following
places:
(1) within delimited areas of harbours, airports and national defence projects or installations;
(2) within a certain distance from important industrial districts, largescale water conservancy works or municipal engineering installations
of cities and towns;
(3) within certain limits on both sides of railways and important highways;
(4) within certain limits on both sides of important rivers and embankments;
(5) nature reserves and important scenic spots designated by the State, major sites of immovable historical relics and places of historical
interest and scenic beauty that are under State protection; and
(6) other areas where mineral mining is prohibited by the State.
Article 21 If a mine is to be closed down, a report must be prepared with information about the mining operations, hidden dangers, land reclamation
and utilization, and environmental protection, and an application for examination and approval must be filed in accordance with relevant
State regulations.
Article 22 If, in the course of mineral exploration or mining, rare geological phenomena or ancient cultural remains of significant scientific
and cultural value are discovered, they shall be protected and reported immediately to the relevant departments.
CHAPTER III EXPLORATION OF MINERAL RESOURCES
Article 23 Regional geological surveys shall be carried out in accordance with the unified State plan. Reports on regional geological surveys
and the appended maps and other data shall be examined for acceptance in accordance with State regulations and then provided to relevant
departments for use.
Article 24 In conducting a general survey of mineral resources, after completing survey of the major minerals, a preliminary comprehensive assessment
shall be made of the minerogenetic conditions involving all paragenetic or associated minerals and of the industrial perspective
of the mineral deposits in the area being surveyed.
Article 25 In prospecting for mineral deposits, a comprehensive assessment of the paragenetic and associated minerals of commercial value within
the mining area must be made and their reserves calculated. Any prospecting report without such comprehensive assessment shall not
be approved. However, an exception shall be made of those mineral deposits for which the planning department under the State Council
has made other stipulations.
Article 26 In conducting general surveys and prospecting for special fragile nonmetallic minerals, fluid minerals, combustible, explosive and
soluble minerals and minerals containing radioactive elements, methods prescribed by the relevant departments under the people’s
governments at or above the provincial level must be used, and necessary technical installations must be provided and safety measures
applied.
Article 27 The original geological record, maps and other data of mineral exploration, rock cores, test samples, specimens of other material
objects, and various exploration marks shall be protected and preserved in accordance with relevant regulations.
Article 28 Prospecting reports on mineral deposits and other valuable exploration data shall be provided for use with compensation in accordance
with the regulations of the State Council.
CHAPTER IV MINING OF MINERAL RESOURCES
Article 29 In mining mineral resources, a mining enterprise must adopt rational mining sequence and methods and proper ore-dressing technique.
It shall see to it that the recovery rate and impoverishment rate in mining and recovery rate in ore-dressing meet the design requirements.
Article 30 While mining major minerals, a mining enterprise shall, in accordance with a unified plan, carry out comprehensive mining and utilization
of paragenetic and associated minerals that are of industrial value, so as to avoid waste. It shall adopt effective protective measures
to avoid loss and damage to ores that cannot be mined in a comprehensive way or that must be mined simultaneously but cannot be comprehensively
utilized for the time being, and to tailings containing useful components.
Article 31 In mining mineral resources, a mining enterprise or individual must abide by State regulations regarding labour, safety and health
and have the necessary conditions to ensure safety in production.
Article 32 In mining mineral resources, a mining enterprise or individual must observe the legal provisions on environmental protection to prevent
pollution of the environment.
In mining mineral resources, a mining enterprise or individual must economize on the use of land. In case cultivated land, grassland
or forest land is damaged due to mining, the mining enterprise concerned shall take measures to utilize the land affected, such as
by reclamation, tree and grass planting, as appropriate to the local conditions.
Anyone who, in mining mineral resources, causes losses to the production and well-being of other persons shall be liable for compensation
and shall adopt necessary remedial measures.
Article 33 Before the construction of railways, factories, reservoirs, oil pipelines, transmission lines and various large structures or architectural
complexes, the units responsible for the construction must obtain information from the departments in charge of geology and mineral
resources under the local people’s governments of provinces, autonomous regions, or municipalities directly under the Central government
about the geographical distribution and mining of the mineral resources in the areas where the construction projects are to be built.
Those projects shall not be constructed over important mineral deposits unless approved by departments authorized by the State Council.
Article 34 Mineral products to be purchased exclusively by designated units, as prescribed by the State Council, may not be purchased by any
other units or individuals; mining enterprises and individuals shall not sell their products to non-designated units.
CHAPTER V COLLECTIVELY-OWNED MINING ENTERPRISES AND PRIVATELY-OWNED
Article 35 The State applies the principles of vigorous support, rational planning, correct guidance and effective administration with regard
to collectively-owned mining enterprises and privately-owned mining undertakings. It encourages collectively-owned mining enterprises
to mine mineral resources within the areas designated by the State, and permits individuals to mine scattered and dispersed mineral
resources, as well as sand, stone and clay that can only be used as ordinary building materials, and small amounts of minerals for
their own use in daily life.
Mineral resources that are suited to mining by mining enterprises in terms of the quantity of reserves, specified minerals of which
protective mining is prescribed by the State, and other mineral resources of which mining by individuals is prohibited by the State
shall not be mined by individuals.
The State provides guidance and assistance to collectively-owned mining enterprises and privately-owned mining undertakings in unceasingly
raising their technical level and in increasing utilization rate of the mineral resources and the economic results.
Departments in charge of geology and mineral resources, geological units and State-owned mining enterprises shall, on the principles
of vigorous support and mutual benefit, provide, with compensation, geological data and technical services to collectively-owned
mining enterprises and privately-owned mining undertakings.
Article 36 Existing collectively-owned mining enterprises, located within the mining area of a mining enterprise to be established with the
approval of the State Council or the relevant competent departments under the State Council, shall be closed down or shall conduct
mining in other designated areas. The unit that undertakes to open the mine shall give rational compensation to the said collectively-owned
mining enterprises and make appropriate arrangements for the masses involved. Or else, according to its overall arrangement, the
mining enterprise may also enter into joint operation with the said collectively-owned mining enterprises.
Article 37 Collectively-owned mining enterprises and privately-owned mining undertakings shall raise their technical level and increase the
recovery rate of the mineral resources. Unauthorized and wasteful mining, which is destructive to mineral resources, shall be prohibited.
Collectively-owned mining enterprises must survey and draw maps showing the correlation between surface and underground workings.
Article 38 People’s governments at or above the county level shall provide guidance and assistance to collectively-owned mining enterprises
and privately-owned mining undertakings in carrying out technological updating, improving business management and ensuring safety
in production.
Article 39 If a person, in violation of the provisions of this Law, mines without a mining license, enters and mines without authorization in
a mining area that is embraced in State plan or a mining area that is of great value to the development of the national economy or
mines without authorization specified minerals of which protective mining is prescribed by the State, he shall be ordered to stop
mining, compensate for the losses caused, and his mineral products and unlawful proceeds shall be confiscated, and he may also be
fined. If he refuses to stop mining and thus causes damage to the mineral resources, the persons who are directly responsible shall
be investigated for criminal responsibility in accordance with the provisions of Article 156 of the Criminal Law.
Any units or individuals who enter and mine in the mining areas of State-owned mining enterprises and other mining enterprises established
by others in accordance with law shall be punished in accordance with the provisions of the preceding paragraph.
Article 40 If a person mines beyond the approved limits of his mining area, he shall be ordered to return to and mine in his own area and compensate
for the losses caused, and the mineral products extracted outside his area and his unlawful proceeds shall be confiscated, and he
may also be fined. If he refuses to return to his own mining area and causes damage to the mineral resources, his mining license
shall be revoked and the persons directly responsible shall be investigated for criminal responsibility in accordance with the provisions
of Article 156 of the Criminal Law.
Article 41 If a person steals or plunders mineral products or other property of mining enterprises or exploration units, damages mining or exploration
facilities, or disrupts order in production and other work in mining areas or areas under exploration, he shall be investigated for
criminal responsibility in accordance with relevant provisions of the Criminal Law; if the case is obviously minor, he shall be punished
in accordance with relevant provisions of the Regulations on Administrative Penalties for Public Security.
Article 42 If a person purchases, sells or leases mineral resources or transfers them by other means, his unlawful proceeds shall be confiscated
and he shall be fined.
If a person, in violation of the provisions of Article 6 of this Law, profiteers in exploration right or mining right, his exploration
or mining license shall be revoked and his unlawful proceeds confiscated, and he shall be fined.
Article 43 If a person, in violation of the provisions of this Law, purchases or sells mineral products which are to be purchased exclusively
by the State, such products and his unlawful proceeds shall be confiscated, and he may also be fined. If the case is serious, criminal
responsibility shall be investigated in accordance with the provisions of Articles 117 and 118 of the Criminal Law.
Article 44 If a person, in violation of the provisions of this Law, mines mineral resources in a destructive way, he shall be fined and his
mining license may be revoked; if serious damage is caused to the mineral resources, the person who are directly responsible shall
be investigated for criminal responsibility in accordance with the provisions of Article 156 of the Criminal Law.
Article 45 The administrative penalties prescribed in Articles 39, 40 and 42 of this Law shall be meted out by the department in charge of geology
and mineral resources under the people’s government at or above the county level in accordance with the limits of authority stipulated
by the department in charge of geology and mineral resources under the State Council. The administrative penalties prescribed in
Article 43 shall be meted out by the administrative department for industry and commerce under the people’s government at or above
the county level. The administrative penalties prescribed in Article 44 shall be meted out by the department in charge of geology
and mineral resources under the people’s government of a province, autonomous region or municipality directly under the Central Government.
The punishment of revoking the exploration or mining license shall be decided by the department that issued such licenses.
If a department fails to impose administrative penalties that should be imposed in accordance with the provisions of Article 39, 40,
42 or 44, the department in charge of geology and mineral resources under the people’s government at a higher level shall have the
authority to order a correction of such failure or impose the relevant administrative penalties directly by itself.
Article 46 If a party refuses to accept the decision on administrative penalty, it may, in accordance with law, apply for reconsideration or
file a suit with the People’s Court directly.
If a party, within the time limit neither applies for reconsideration nor files a suit with the People’s Court, or complies with the
decision on punishment, the department that made the decision shall request the People’s Court to enforce the decision.
Article 47 State functionaries in charge of supervision and administration of exploration and mining of mineral resources or other relevant
State functionaries who commit malpractices for personal gain, abuse their power or neglect their duties, approve exploration and
mining of mineral resources or issue exploration or mining licenses, in violation of this Law, or does not stop illegal mining activities
and punish illegal miners, which constitutes a crime, shall be investigated for criminal responsibility; if their acts do not constitute
a crime, administrative penalties shall be given. The department in charge of geology and mineral resources under the people’s government
at a higher level shall have the authority to revoke the exploration and mining licenses illegally issued.
Article 48 If anyone resorts to violence or intimidation when obstructing State functionaries engaged in supervision and administration of exploration
and mining of mineral resources from performing their duties according to law, he shall be investigated for criminal responsibility
in accordance with the provisions of Article 157 of the Criminal Law. If he does not resort to violence or intimidation when obstructing
State functionaries engaged in supervision and administration of exploration and mining of mineral resources from performing their
duties according to law, he shall be punished in accordance with relevant provisions of the Regulations on Administrative Penalties
for Public Security.
Article 49 Disputes over the limits of mining areas between mining enterprises shall be settled by the parties involved through consultation;
if consultation fails, the relevant local people’s government at or above the county level shall handle the matter on the basis of
the limits that are verified and fixed according to law. Disputes over the limits of mining areas that straddle provinces, autonomous
regions, or municipalities directly under the Central Government shall be settled by the people’s governments of the relevant provinces,
autonomous regions or municipalities directly under the Central Government through consultation. If consultation fails, the disputes
shall be settled by the State Council.
CHAPTER VII SUPPLEMENTARY PROVISIONS
Article 50 Where laws or administrative rules and regulations provide otherwise on foreign-funded exploration and mining of mineral resources,
such provisions shall prevail.
Article 51 Before this Law goes into effect, anyone who mined mineral resources without going through approval procedures, without having the
mining area delimited and without obtaining a mining license shall apply for completion of the formalities in accordance with relevant
provisions of this Law.
Article 52 Specific rules for the implementation of this Law shall be formulated by the State Council.
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