Mining partnership
made by Changsha Bureau of land and resources
mining right contract
Article 1 both parties of this Contract:
transferor: Changsha Bureau of land and resources, Hunan Province, people's Republic of China
transferee:
according to the mineral resources law of the people's Republic of China, the Interim Provisions on the administration of mining right transfer, the According to the contract law of the people's Republic of China and other laws and regulations, both parties enter into this contract on the principle of equality, voluntariness, compensation and good faith
Article 2 the transferor transfers the mining right according to the authorization of the law, and the ownership of the mineral resources transferred belongs to the people's Republic of China. The state has jurisdiction and administrative power conferred by the Constitution and the law, as well as other powers exercised by the state in accordance with the laws of the people's Republic of China and rights and interests necessary for the interests of the public. The state ownership of mineral resources does not change with the land ownership or the right to use. The land use right attached to mineral resources does not belong to the scope of mining right transfer
Article 2 the mineral resources transferred to the transferee under this contract are located in
, and the inflection point coordinates of the mining area are shown in the annex for details, with the mining area of square kilometers and the mining depth of meter meter meter
Article 4 the main mineral species of the mineral resources transferred under this contract are: the mining method is mining, and the mining method is mining method< Article 5 the transferor agrees to deliver the transferred mineral resources to the transferee before (mm / DD / yyyy). According to the resource reserve evaluation report provided by the geological exploration unit, the transferred resource reserves under this contract are recoverable reserves tons
Article 6 according to the approved development and utilization plan of mineral resources and the mineral resources reserves within the mining scope, the service life of the transferred mine under this contract is years, and the proction scale of the mine is tons / year
Article 7 according to the relevant provisions on payment of mining right price, the price of the transferred mining right under this contract is RMB (in figures). Among them, yuan was handed over to the Provincial Department of land and resources; Turn over to Changsha Bureau of land and resources yuan; Turn in county (city)
yuan. However, the price of mining right stipulated in this contract does not include registration fee, mining right use fee and mineral resource compensation fee, and the transaction expenses of mining right have been dected
Article 8 the transferee agrees to pay the price of the mining right to the transferor in accordance with the provisions of paragraph () of this article, and pay it separately according to the amount determined by the transferor
(1) within days from the date of signing this contract, the above mining right price shall be paid in one lump sum
(2) pay the above mining right price to the transferor in installments according to the following time and amount
the first installment is RMB in words (in figures), and the payment time is before mm / DD / yyyy
the second installment of RMB in words (in figures), payment time: before mm / DD / yyyy
the third installment of RMB in words (in figures), payment time: before mm / DD / yyyy
the fourth installment of RMB in words (in figures), payment time: before (mm / DD / yyyy)
in case of policy adjustment, the new policy shall be implemented< Article 9 the grantee agrees to complete the infrastructure construction of the mine and start mining mineral resources before
if the mineral resources cannot be mined on schele, it shall be reported to the transferor in advance
Article 10 the grantee must organize proction in strict accordance with the mining area, mining types, proction scale, mining methods and mining methods specified in the approved plan for the development and utilization of mineral resources, so as to ensure the rational and effective utilization of mineral resources and the safe proction of the mine< Article 11 in case of any of the following circumstances ring the period of validity of the mining license, the transferee shall go through the change registration with the original license issuing authority:
(1) expand or narrow the scope of the mining area
(2) change of main mining minerals< (3) change of mining method< (4) change the name of mining enterprises
Article 12 the Grantee shall not transfer the mining right to another person for mining operation by means of contracting. If it is necessary to transfer the mining right, both parties to the transfer must apply to the original license issuing authority and go through the change registration proceres after examination and approval
Article 13 the transferee must take the initiative to accept the supervision and management of the transferor and submit the annual report to the transferor. If the grantee needs to continue mining after the expiration of the mining license, he shall apply to the original license issuing authority for registration of renewal 30 days before the expiration of the mining license
Article 14 in case of any potential safety hazard or damage to geological environment ring mining, the transferee shall immediately stop proction, report to the local people's government and relevant competent departments in time, and do a good job in rectification of potential safety hazard and treatment of geological environment
Article 15 the transferor shall not take back the mining right legally obtained by the transferee before the expiration of the service life stipulated in this contract. Under special circumstances, if the mining right needs to be withdrawn in advance according to the social and public interests, the transferor shall apply for approval in accordance with the legal proceres, and give corresponding compensation to the transferee
Article 16 Any party shall not be responsible for the partial or total failure to perform this contract e to force majeure, but shall take all necessary remedial measures to rece the losses caused by force majeure if conditions permit. If force majeure occurs after a party's delay in performance, he shall not be exempted from liability
Article 17 in case of force majeure, the party shall inform the other party of the event in written form such as letter, telegram, telex, fax, etc. within 48 hours, and submit to the other party a report on the reasons why the contract cannot be performed or partially cannot be performed or needs to be delayed within 3 days after the event< Article 18 the transferee must pay the price of the mining right on time in accordance with the contract. If the transferee fails to pay the price of the mining right on time, it shall pay the late fee to the transferor at the rate of 3 ‰ of the delayed payment every day from the date of late payment. If the delayed payment exceeds six months, the transferor has the right to terminate the contract and recover the mining right. The transferee has no right to ask for the return of the paid price, and the transferor can ask the transferee to compensate for other losses caused by breach of contract< Article 19 If the transferee pays the price of the mining right as agreed in the contract, the transferor must provide the mineral resources available for mining on time as agreed in the contract. If the mining right can not be provided for the reason of the transferor for more than six months, the transferee has the right to terminate the contract, the transferor shall double the paid price, and the transferee may request the transferor to compensate for other losses caused by the breach of contract
the transferor specially reminds us that the risk of mining investment is high, and what the transferor transfers on behalf of the state is the right of mining, so the scale, shape, reserves and grade of the ore body may be different from the actual mining, and the transferor will not bear any responsibility for this
Article 20 if the transferee violates the provisions of Articles 9, 10, 11, 12, 13 and 14 of the contract, the transferor has the right to terminate the contract and investigate the relevant legal liabilities of the transferee< Article 21 the conclusion, validity, interpretation, performance and dispute settlement of this contract shall be governed by the laws of the people's Republic of China< Article 22 this contract shall come into force from the date when the transferor issues the mining license to the transferee
Article 23 this contract is made in quadruplicate, with the same legal effect. The transferor and the transferee shall hold two copies respectively< Article 24 this contract is signed in Changsha Bureau of land and resources, Hunan Province, the people's Republic of China on
Article 25 matters not covered in this contract can be agreed by both parties as an appendix to the contract, which has the same legal effect as this contract.
this is probably a process of cooperative mining. Anyway, we do it in this way
your question is a bit general. Let's answer it this way first.
Q: the business license of coal mine partnership issued by the Administration for Instry and commerce is based on the mining license of a wholly private enterprise, and the investor of the mining license is not a partner of the business license of the partnership. Excuse me, is the specific act of certification issued by the Bureau of instry and commerce legal? Why
A: the online consultation of juntong law will answer for you
1. Business license of enterprise legal person and business license are divided into original and plicate, which have the same legal effect. The original should be placed in a conspicuous position in the residence. 2. When an enterprise changes its registered items, it shall apply to the original registration authority for registration in time; If the change of registered items involves the items specified in the business license of enterprise legal person or the business license, a new license shall be issued. The enterprise shall not change the registered items without approval. 3. From January 1 to April 30 every year, the registration authority concts an annual inspection on the enterprise. At the same time, annual inspection marks shall be pasted on the original and plicate of the business license. Since March 1, 2014, the Administration for Instry and Commerce has stopped the annual inspection of limited companies, joint stock limited companies, non corporate legal persons, partnership enterprises, sole proprietorship enterprises and their branches, foreign (regional) enterprises engaged in business activities in China, and other business entities. 4. No unit or indivial may forge, alter, lease, lend or transfer its business license. It is not allowed to paste anything on the business license except the annual inspection mark. 5. If an enterprise needs to provide a of its business license to the relevant department e to going through the relevant approval and filing proceres or other reasons, it must submit a written application report to the enterprise registration authority, which can be copied only after being approved by the registration authority, and the of the business license shall be stamped with the special seal of the registration authority, otherwise the shall be invalid. 6. If the original or of the business license is lost or damaged, the relevant notice shall be published in the newspaper immediately to declare that the lost or damaged business license is invalid. An enterprise must present the notice of loss of its business license and fill in the application form for replacement of lost business license before it can apply to the original registration authority for a new license. 7. Whoever forges, alters, rents, lends or transfers the business license shall be fined more than 30000 yuan by the registration authority; The company and enterprise shall be fined not less than 10000 yuan but not more than 100000 yuan; If the circumstances are serious, the business license shall be revoked. If a crime is constituted, criminal responsibility shall be investigated according to law. 8. If the original business license is not placed in an eye-catching place in the enterprise's residence, the registration authority shall impose a fine of not less than 1000 yuan but not more than 5000 yuan. 9. An enterprise is not allowed to its business license by itself. If it copies without permission of the registration authority, it will be fined less than 2000 yuan once it is found