Iron ore open pit mining contract
Contract No.:
Party A: Party B:
legal address: legal address:
legal representative: legal representative:
position: position:
entrusted agent: ID number: ID number
ID card number:
address: Address:
encoding: zip encoding:
Contact: contact
telephone: Telephone:
Fax: Fax:
account: Account:
e-mail: E-mail:
Party C:
legal address:
legal representative:
ty:
principal agent:
ID number:
Mailing address:
postal code:
Contact:
telephone:
Fax:
account:
e-mail:
in order to regulate the behavior of the partnership and protect the legitimate interests of the partnership and its partners, according to the partnership law of the people's Republic of China and the relevant laws and regulations, Party A, Party B and Party C are voluntary, equal, fair and independent This agreement is signed on the principle of good faith< Article 1 purpose of the partnership Party A, Party B and Party C jointly operate beauty salons on the principle of mutual benefit, common labor, common operation and common development
Article 2 general situation of the partnership
Name:
place of business:
scope of business:
mode of business:
Article 3 term of the partnership
the term of the partnership is years, from (mm / DD / yyyy) to (mm / DD / yyyy)< 1. Party A: the amount of capital contribution is yuan, which accounts for% of the registered capital
2. Party B: the amount of contribution is yuan, which accounts for% of the registered capital
3. Party C: the amount of contribution is yuan, which accounts for% of the registered capital
the total investment of the partnership is RMB yuan. During the period of partnership, the capital contribution of each partner shall remain joint property and shall not be arbitrarily divided. After the termination of the partnership, each partner's capital contribution is still owned by the indivial and will be returned at that time
ring the existence of the partnership, the investment of the partners and all the income obtained in the name of the partnership are the property of the partnership, and their legitimate rights and interests are protected by law
Article 5 time limit of capital contribution. In case of overe or incomplete payment, bank interest shall be calculated and paid on the amount e and unpaid, and the losses caused thereby shall be compensated< Article 6 investment evaluation
if the investment is made in kind (or instrial property rights, non patented technology, land use rights), it shall be evaluated by an evaluation institution with the status of enterprise legal person, and the transfer proceres of its property rights shall be handled according to law within days after the verification of the company's registered capital, and relevant certificates shall be submitted to the company registration authority when applying for the company's establishment registration< Article 7 Registration of partnership
all partners agree to appoint an agent (i.e. a company with agency business or a lawyer of a law firm) as the representative or jointly entrusted agent to apply to the registration authority for the pre approval registration and establishment registration of the enterprise name. The applicant shall guarantee the authenticity, validity and legality of the documents and certificates submitted to the registration authority, and bear the responsibility< Article 8 Finance and accounting
the partnership shall establish its property and accounting system in accordance with the accounting law of the people's Republic of China, the general principles of enterprise finance and the accounting standards for Business Enterprises promulgated by the Ministry of finance< Article 9: distribution of earnings 1. All partners shall jointly operate and work together, share risks and bear profits and losses
2. Based on earnings distribution, it is distributed in proportion. The partnership shall distribute the after tax profits (losses) of the current year in the following order:
(1) draw 10% of the statutory provident fund
(2) draw 5-10% of the statutory public welfare fund
(3) the remaining profit (loss) is distributed (shared) according to the proportion of partners' capital contribution
3. If there are other changes in the distribution of interests and losses of the partnership, the specific plan shall be decided by all partners through consultation< Article 10 debt commitment 1. The partnership's debts shall be paid by the partnership's property
2. When the property of the partnership is not enough to repay, the partners shall bear the debt according to their respective proportion of capital contribution
3. If there is any change in the debt commitment of the partnership, the specific plan shall be decided by all partners through consultation
4. If one or more partners execute the partnership affairs, they shall report to the other partners who do not participate in the execution of the affairs as well as the operation and financial status of the partnership in accordance with the agreement. The profits generated from the execution of the partnership affairs belong to all partners, and the losses or civil liabilities incurred shall be borne by all partners< Article 11 all partners shall decide the entrusting party (one or more persons) to execute the partnership affairs and issue the power of attorney for the partnership< Article 12 ties of the executor
the executor of enterprise affairs shall be responsible to all partners and perform the following ties:
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2. Take charge of the daily proction, operation and management of the partnership
3. Draw up specific plans for profit distribution or loss sharing of the partnership
4. Formulate the setting up plan of the internal management organization of the partnership
5. Formulate the specific management system or rules and regulations of the partnership
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8. Report to other partners on the implementation of partnership affairs, as well as the operation and financial status every six months
9. Unless otherwise specified in the partnership law, resolutions on matters related to the partnership shall be passed by more than two-thirds of the partners, and the voting method of one person one vote shall be adopted. However, when the number of votes of both parties in dispute is equal, the partner in charge of the affairs shall have the discretion< Article 13 rights of other partners:
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2. In order to understand the operation and financial status of the partnership, we have the right to consult the account books
3. If the partner entrusted to execute the partnership affairs does not execute the affairs in accordance with this agreement or the decision of all partners, he has the right to cancel the entrustment
4. When a partner carries out partnership affairs separately, other partners have the right to raise objection to the affairs carried out by the partner. In case of objection, the execution of the matter shall be suspended< Article 14 decisions on business affairs of the enterprise the following business affairs of the enterprise must be agreed by all partners:
1. Dispose of the real estate of the partnership
2. Change the name of the partnership
3. Transfer or dispose of the intellectual property and other property rights of the partnership
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5. Providing guarantee for others in the name of partnership
6. Employ persons other than the partners as the management personnel of the partnership
7. New partner joining and partner withdrawing
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9. Partners increase their capital contributions to the partnership to expand business scale or make up for losses
10. In accordance with the partnership agreement< Article 15 prohibited activities: partners shall be prohibited in any of the following circumstances ring the partnership period:
1. Partners shall be prohibited from engaging in business competing with the partnership on their own or in cooperation with others
2. Without the consent of all partners, any partner is forbidden to conct business activities in the name of the partnership without permission
3. Unless all partners agree, partners are forbidden to trade with the partnership
4. Partners are prohibited from engaging in activities harmful to the interests of the partnership
If a partner violates the above provisions, the profits obtained from his business shall belong to the partnership, and the losses caused shall be compensated according to the actual losses. Those who do not listen to dissuasion may be removed by other partners< Article 16 when a new partner joins the partnership, it shall be carried out in the following order:
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2. The former partner informs the new partner of the operation and financial status of the original enterprise
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4. The new partner shall be jointly and severally liable for the debts of the enterprise before joining the partnership< (1) if the partnership agreement stipulates the term of operation of the partnership, a partner may withdraw from the partnership under one of the following circumstances:
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3. It is difficult for partners to continue to participate in the partnership
4. Other partners seriously violate the obligations stipulated in the partnership agreement
(2) if the partnership agreement does not stipulate the operation period of the partnership, a partner may withdraw from the partnership without adversely affecting the execution of the partnership's affairs, but he shall notify the other partners 30 days in advance< Article 18 circumstances of withdrawing from the partnership of course
a partner shall withdraw from the partnership of course under any of the following circumstances:
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4. Be enforced by the people's court for all the property shares in the partnership< Article 19 circumstances of delisting and withdrawing from the partnership: if a partner has one of the following circumstances, he may be delisted by resolution with the unanimous consent of other partners:
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2. Causing losses to the partnership e to intentional or gross negligence
3. Improper conct in the execution of partnership affairs
4. Other reasons stipulated in the partnership agreement< Article 20 withdrawal procere: the withdrawal of partners shall be carried out in the following order:
1. Other partners shall be informed 30 days in advance, and a written agreement shall be signed with the consent of all partners
2. When a partner withdraws from the partnership, other partners shall settle accounts with the partner according to the property status of the partnership at the time of withdrawal, and return the partner's share of property; The withdrawing partner shall be responsible for the losses or debts of the partnership that have occurred before withdrawing from the partnership according to the proportion of capital contribution
3. If the withdrawing partner has unsettled partnership affairs, settlement shall be made after settlement
4. No matter what kind of contribution is made by the withdrawing partner, all partners shall decide to return the money or material object according to the actual situation of the enterprise
5. The withdrawing partner shall be jointly and severally liable with other partners for the debts of the partnership incurred before withdrawing< Article 21 transfer of capital contribution
legal representative:
address:
transferee (hereinafter referred to as Party B)
legal representative:
address:
Administrative Measures for the transfer of exploration right and mining right issued by the State Council and local regulations, both parties enter into this contract through friendly negotiation on the principle of equality, voluntariness and compensation. Article 1.1
the name of the mining right transferred by Party A to Party B
Article 1.2 license number of the mining right transferred by Party A
Article 1.3 license issuing authority of the mining right transferred by Party A
Article 1.4 mining geographical coordinates involved in the mining right transferred by Party A (attached with geographical location map)
Article 1.5 mining area involved in the mining right transferred by Party A It is the term of the mining license of the mining right transferred by Party A in article 1.6. The ownership of the mining right transferred by Party A in article 1.7, the transfer and transfer price in Article 2.1. Party A shall transfer the mining right and mining assets of the mining block specified in the mining license in one time. After signing a written transfer contract, Party A and Party B shall report to Party A
Article 2.2 Party B agrees to pay Party A the mining right transfer fee in accordance with the provisions of this contract
the transfer fee of the mining right is RMB yuan per square kilometer, and the total price is RMB yuan
Article 2.3 after the contract is signed by both parties and approved within days, Party B shall pay% of the total amount of mining right transfer fee to Party A by cash check or cash, totaling RMB. The contract deposit shall be used as the transfer fee. Party B shall pay the transfer fee of mining right within days after approval
Article 2.4 unless otherwise specified in the contract, Party B shall remit the payment required by the contract to Party A's bank account on or before the payment date specified in the contract. Bank Name: Bank branch, account number is
Article 2.5 if Party A's bank or account number changes, it shall notify Party B in writing within days after the change. Party B shall not be liable for any delay in payment caused by Party A's failure to notify such change
ARTICLE 2.6 taxes and fees arising from the transfer of mining rights under this contract shall be shared equally by both parties. Force majeure Article 3.1 force majeure of either party or breach of contract. However, all necessary remedial measures shall be taken to avoid the loss e to force majeure if conditions permit
Article 3.2 in case of force majeure, the party shall notify the other party of the event in writing by letter or telegram (telex or fax) within hours, and submit a report of the contract or reasons for delay to the other party within days after the event. Article 4.1 if a party fails to fulfill its obligations under this contract, it shall be liable for breach of contract
Article 4.2 if Party A's fault causes losses to Party B, Party A shall compensate Party B for the liquidated damages of% of the transfer fee paid
Article 5 notice Article 5.1 all notices and communications required or permitted by this contract shall take effect upon receipt. Both parties agree that their respective correspondence shall be: Party A and Party B's
place of residence
postal code
telephone number
telex
fax
either party may change the notice and correspondence address, and inform the other party of the new address within days after the change. Article 6 applicable law and dispute resolution Article 6.1 the conclusion, validity, interpretation and dispute of this contract shall be protected and governed by the laws of the people's Republic of China
Article 6.2 any dispute arising from this contract shall be settled by both parties through negotiation. If negotiation fails, both parties shall apply to the Arbitration Commission for arbitration (if both parties do not agree on an arbitration institution in the contract and reach a written arbitration agreement afterwards, they may bring a lawsuit to the court). Article 7 Supplementary Provisions Article 7.1 this contract shall come into force after being signed by the legal representatives (authorized entrusted agents) of both parties and approved by the supervisor
Article 7.2 the original contract is made in plicate, with each party holding one
Article 7.3 this contract is signed by and between provinces (autonomous regions, municipalities directly under the central government) and cities (counties) on
Article 7.4 matters not covered in this contract may be included in the appendix of the contract by mutual agreement. The appendix to the contract shall have the same legal effect as this contract. Party A and Party B's legal representative (entrusted agent) legal representative (entrusted agent) (signature) (signature)
signing date: mm / DD / yyyy
note: this model contract is only for the transfer of mining rights. If the mining right needs to be transferred e to the restructuring, reorganization, merger, separation, merger, capital increase and share expansion of mining enterprises, the model contract is not applicable, At present, on the previous page of page 2 [1] [2] the transferor of the mining right transfer contract (hereinafter referred to as Party A): Zhangjiazhuang village, chengjiazhuang Town, Liulin County legal representative: Wang Tanping address: Zhangjiazhuang village, chengjiazhuang Town, Liulin County transferee (hereinafter referred to as Party B): Guo Zhixin legal representative: Guo Zhixin address: Administrative Measures for the transfer of exploration right and mining right of the State Council of Liulin County and local regulations, Both parties have entered into this contract through friendly negotiation on the principle of equality, voluntariness and compensation. Article 2: the name of the mining right transferred by Party A to Party B: 2. The license number of the mining right transferred by Party A: 3. The license issuing authority of the mining right transferred by Party A: 4. The mining geographic coordinates involved in the mining right transferred by Party A (attached with geographical location map): 5. The mining area involved in the mining right transferred by Party A: 6 Term of mining license of mining right transferred by Party A: 7. Ownership of mining right transferred by Party A: Article 8 transfer and transfer price 8. Party A shall transfer the mining right and mining assets of mining block specified in the mining license at one time, and Party A and Party B shall report to Party A after signing a written transfer contract. 9. Party B agrees to pay Party A the mining right transfer fee in accordance with the provisions of this contract. The transfer fee of the mining right is RMB yuan per square kilometer, and the total price is RMB yuan. 10. After the contract is signed by both parties and approved within days, Party B shall pay Party A% of the total amount of the transfer fee of mining right by cash check or cash, totaling RMB. The contract deposit shall be used as the transfer fee. Party B shall pay the transfer fee of mining right within days after approval. 11. Unless otherwise specified in the contract, Party B shall remit the payment required by the contract to Party A's bank account on or before the payment date specified in the contract. Bank Name: Bank branch, account number is. 12. If Party A's bank or account number changes, it shall notify Party B in writing within days after the change. Party B shall not be liable for any delay in payment caused by Party A's failure to notify such change. 13. The taxes and fees arising from the transfer of mining right under this contract shall be shared equally by both parties. Article 14 force majeure. However, all necessary remedial measures shall be taken to avoid the loss e to force majeure if conditions permit. 15. In case of force majeure, the party shall notify the other party of the event in writing by letter or telegram (telex or fax) within hours, and submit to the other party a report on the contract or reasons for delay within days after the event. Liability for breach of contract. 17. If Party A's fault causes Party B's loss, Party A shall compensate Party B for the penalty of% of the transfer fee. Article 5 notice 18. Any notice and communication required or permitted by this contract shall take effect upon receipt. Both parties agree that their respective correspondence is: Party A and Party B's domicile postal code postal code telephone number telephone number 19. Either party may change the notice and correspondence address, and shall notify the other party of the new address within days after the change. Article 6 applicable law and dispute resolution 20. The conclusion, validity, interpretation and disputes of this contract shall be protected and governed by the laws of the people's Republic of China. 21. Any dispute arising from this contract shall be settled by both parties through negotiation. If negotiation fails, both parties may bring a lawsuit to the court. Article 7 supplementary provisions 22. This contract shall come into force after being signed by the legal representatives (authorized entrusted agents) of both parties and approved by the supervisor. 23. The original contract is in plicate, with each party holding one. 24. This contract is signed in Liulin County, Luliang City, Shanxi Province on. 25. Matters not covered in this contract may be attached to the contract by mutual agreement. The appendix to the contract shall have the same legal effect as this contract. Party A and Party B's legal representative (entrusted agent) legal representative (entrusted agent) (signature) (signature) date of signing: mm / DD / yyyy
Liaoning Province has put the integration of mineral resources into the government's work agenda, formulated and issued the work plan for the integration of mineral resources in Liaoning Province, and put forward eight principles of market-oriented operation and examination and approval under the guidance of scientific planning, orderly development according to law, reasonable development, clear property rights, combining large with small, combining superior with inferior, first closing and then integration, and government coordination The mining areas are scattered in layout, lack of safe proction conditions, backward mining technology, ecological destruction and environmental pollution
for the small mines that affect the unified planning and mining of large mines, those that can be integrated with large mines should be integrated by means of reasonable compensation, overall acquisition or joint operation; For the sporadic resources surrounded by multiple mines or the remaining resources with mining value of closed mines, if they have the conditions for public transfer, the surrounding mining enterprises shall bid through the way of public transfer; For those who do not have the conditions for public transfer, according to the resource occurrence conditions, geological conditions, safety conditions, economic conditions and other factors, the license issuing authority shall organize relevant departments and experts to conct demonstration, and then determine the resource integration to a mining enterprise around them; In principle, integrated mines should not expand the scope of mining area. Mines without paid disposal of mining rights before integration should be disposed according to regulations. After integration, the designed proction capacity of mines should not be lower than the required mining scale; For those cities that fail to complete the integration task on schele, the examination and approval of exploration right, mining right and other relevant licenses shall be suspended
3.3.7.1 acquisition of mining rights -- resource integration of hujiamiaozi iron mine in Anshan City before the special rectification, there were 23 private and collective mining enterprises with legal mining rights in hujiamiaozi iron mine area, with the designed annual proction capacity ranging from 10000 tons to 200000 tons. Large mines were mined separately, with low resource utilization efficiency and serious loss and waste. In order to make rational use of and effectively protect iron ore resources, the provincial regulatory leading group instructed the mining administration department to carry out resource development and integration planning for key mines and key mining areas in the province, and guided all cities to carry out the renovation work of key mining areas in time according to the actual situation of mines. According to the specific situation of hujiamiaozi iron mine, the provincial regulatory office guided the key mining areas to realize the orderly development of key mining areas through three ways. The first is to purchase the mining rights of 7 mining and beneficiation enterprises by Angang after repeated negotiation and comparison. Anshan mining company can enter the mines in the area at any time to carry out large-scale mining, and the original mine owner can withdraw from the stope immediately. On the premise of meeting Angang's demand for iron ore, the owner of the rection mine will be compensated according to the mining cost price and the amount of remaining ore indicated in the mining license until the amount of ore indicated in the mining license is paid off. Second, for the nine private mine owners who only have mining enterprises but no concentrator, an mine company only purchases the mining right, and the remaining ore quantity indicated in the mining license belongs to the original mine owner. If Angang needs, it can carry out large-scale mining at any time in this area, the original mine owner should withdraw immediately, and an mine company will purchase all the iron ore in this area. Third, according to the nature of the mining license, for the seven mining rights that have been transferred, if they are collectively owned enterprises, the village committee will terminate the operation and land lease contract signed between them and a private enterprise. At the same time, the mining right, operation right and land lease contract will be re signed between an mining company and the village committee. An mining company will pay the village committee 5 million yuan for the transfer of mining right The contracted operation fee and land lease fee are 3.3 million yuan. On this basis, the company also signed economic compensation agreements with the legal representatives of mining enterprises. Through comprehensive improvement, Anshan Mining Company of Anshan Iron and Steel Group and Liaoning Hengye group jointly set up Anqian Mining Co., Ltd. to scientifically and reasonably plan and mine hujiamiaozi iron mine. The design scale is 15 million tons of iron ore and 3 million tons of iron concentrate per year, with iron concentrate grade above 67.5% and tailings grade below 10%. At present, the isolated zone and low-grade iron ore formed by the original small ore spots have been built into large open pit, so as to achieve standardized mining and rational utilization of resources
3.3.7.2 environmental protection, economical and intensive land use -- resources integration of xi'anshan Iron Mine. In view of the huge damage to the mine ecological environment caused by large-scale development, the provincial regulatory leading group, under the promotion of rectifying and standardizing the mining order, combined with the integration of mineral resources, coordinated and guided Anshan City to vigorously carry out the comprehensive renovation of mines. According to the notice of transmitting the opinions of the Municipal Planning Commission on strengthening the protection of the natural landscape of xi'anshan issued by Anshan Municipal Government in 1999, the general plan for the protection of the natural landscape of xi'anshan and the vegetation restoration at the end of mining is compiled to restrict the mineral development. First, the three main peaks and their North and south sides of xi'anshan are designated as absolute protection areas to prohibit any mining activities, and the original three small iron mines in the area are cleared out of the absolute protection area to protect the safety of the landscape of xi'anshan; The second is to take the lower part of the north slope of xi'anshan as a relative mining protection area, adjust and compress the mining scope and age of the original 5 silica mines and 7 small iron mines in the area, close 5 silica mines and 3 iron mines in advance according to the registration age, coordinate the transfer of mining rights of the remaining 4 iron mines, and manage the mining by Angang. At present, all seven iron mines in xi'anshan have been shut down. Xi'anshan will be used as a large-scale backup mine of Angang and reserved for unified planning and large-scale underground mining in the future
1. Whether it has the ability to organize the mining of the mining area (including the necessary construction machinery, skilled mining personnel and sufficient working capital, etc.)< (2) whether the other party has the necessary certificates such as mining license, business license and work safety license
Third, does the other party have any disputes with the surrounding mining units? Has it been effectively solved
4. Is there any historical conflict between the other party's mining area and the local people? Has it been solved effectively
5. Can the contract term be connected with the term of valid certificates provided by the other party? For example, when will the mining license be valid.
open pit mining is a kind of mining method which uses mining equipment to strip down rocks and extract useful minerals stage by stage under open conditions, in the way of hillside open pit or sunken open pit. Compared with underground mining, open pit mining has many advantages, such as fast construction speed, high labor proctivity, low cost, good working conditions, work safety, high ore recovery rate, small dilution loss and so on. Especially with the development of large-scale and efficient open-pit mining and transportation equipment, open-pit mining will be more widely used. At present, most of the ferrous metallurgical mines in China are open-pit mining
the whole process of building an open-pit mine generally includes: the construction of ground facilities in the mining area; Drainage and drainage of the deposit; The basic construction of open pit and a series of preparations for putting into proction
the infrastructure construction of open pit is mainly to excavate into, out of and section ditches, lay transportation lines, construct mp, peel off rocks, and build water supply and drainage, power supply facilities, etc
the access ditch is an inclined transportation road from the ground to the working level and between the working levels. The open segment trench is a horizontal trench excavated at each level to open the mining working line, that is, the initial working line in the opening stage
trenching, stripping and mining are three important links in the proction process of open-pit mine. The descending speed of open pit mine and the preparation time of new level mainly depend on the digging speed. In order to ensure the continuous and normal proction of open-pit mine, there must be a certain advance relationship between trenching, stripping and mining in space and time. Follow the principle of "mining and stripping simultaneously, stripping first" to organize proction
in the proction process of open-pit mine, whether it is stripping or mining, the technological process generally has to go through perforation, blasting, loading and transportation. At present, the main equipments used in China's ferrous metallurgical mines are cone drill and down the hole drill, and the impact drill has been eliminated. Most of the loading equipments are 3-4.6 m3 electric shovels, and more than 6 m3 electric shovels are also used. Most of the transportation equipments are trucks of more than 20 tons and electric locomotives of 80-150 tons, and electric wheeled trucks of 100 tons are also widely used in some super large mines.
guarantee
0.5mm-150mm, 80% typical
151mm-300mm, 30% typical