| Along with the development of the mining situation both in Main land China andabroad, deep and huge changes happening in China’s mining. Since the first revisionof the "mineral resources law" in1996, over15years have passed. China’s economicdevelopment is amazing and outstanding. Due to the rapid development of China’seconomy, the total demand for mineral resources continuously expand a lot, theinternational price of mineral resources is going up rapidly, particularly remarkable inrecent years, resulting the continuously boom in mining market, including thefrequently exchange of the mining right. And “mineral resources law” and relatedlaws and regulations could not meet the requirements of sustainable development ofmining industry market.The author has been working for a mining enterprise for many years in legalwork, participating in a number of mining right transfer project legal affairs in recentyears. In consideration of using this essay writing opportunity, I summarize the relatedlaws and practice issues involved in mining right transfer to make the bettercombination of laws and practice in this area, which will surely improve and promotethe transfer of mining right trade business.In this paper, I mainly discuss the Mining right transfer in China, throughdiscussing some legal and practical issues involved in trading, to keep up with thenew situation and circumstance, to provide reference for others. This article iscomposed of three chapters as follow,The first chapter is "the definition of mining right, composition, legal nature andthe way to trade”. From the basic concept of mining right in this chapter, I firstly introduce the definition of mining right and composition. Then, from the view ofproperty law, I analysis the legal nature of mining right and it’s particularity as well.Finally, I introduce the trade of mining right, including the original transfer marketand the secondary transfer of mining rights market and the mining company sharestransfer which happens a lot in these years.The second chapter is “the law and practice issues related to the transfer ofmining right "First, the transfer of mining industry right means to grant the miningindustry right to the applicant by means of bid invitation, auction, quotation oragreement, etc. Then, I introduce the secondary market of the mining right transferinvolving mining right law and transaction issues, mainly expound the ways andconditions of the mining right transfer, including the examination and approval ofgovernment department, the problems and solutions related to the foreign andstate-owned enterprises in mining right transfer area.The third chapter is "Share transfer of mining companies”. This chapter is mainlyabout the legal and transaction issues of mining company’s share transfer, althoughthis type of transfer is not defined in China’s laws and regulations as a way of miningright trade. But for the practice purpose, I still regard it as a way of mining right tradefor study in this paper. In this chapter, I mainly explain the definition of share transfer,and the differences against the mining right transfer, as well as the practical issues,including due diligence, procedures of share transfer, etc. |
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