Coal Law of the People's Republic of China

 Order of the President of the People's Republic of China

No. 45

The Decision of the Standing Committee of the National People's Congress on Amending the Coal Law of the People's Republic of China, which was adopted at the twentieth meeting of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China on April 22, 2011, is hereby given to Promulgated and effective from July 1, 2011.

President of the People's Republic of China Hu Jintao

April 22, 2011

Coal 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 in accordance with the Tenth Meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009 "On Amending Some Laws" The first revision of the Decision is based on the second revision of the Decision on Amending the Coal Law of the People's Republic of China at the 20th meeting of the Standing Committee of the Eleventh National People's Congress on April 22, 2011)

Table of contents

Chapter I General Provisions

Chapter II Coal Production and Development Planning and Coal Mine Construction

Chapter III Coal Production and Coal Mine Safety

Chapter IV Coal Management

Chapter V Coal Mine Area Protection

Chapter VI Supervision and Inspection

Chapter VII Legal Liability

Chapter VIII Supplementary Provisions

Chapter 1 General Provisions

Article 1 This Law is formulated for the purpose of rationally developing, utilizing and protecting coal resources, regulating coal production and business activities, and promoting and ensuring the development of the coal industry.

Article 2 This Law shall apply to coal production and business activities in the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China.

Article 3 Coal resources belong to the state. The state ownership of surface or underground coal resources is not changed by the ownership or use rights of the land to which it is attached.

Article 4 The state implements the policy of unified planning, rational distribution and comprehensive utilization of coal development.

Article 5 The state protects coal resources in accordance with the law, and prohibits any acts of indiscriminate mining and indiscriminate digging that damage coal resources.

Article 6 The state protects the legitimate rights and interests of investors who invest in the development of coal resources in accordance with the law.

The state guarantees the healthy development of state-owned coal mines.

The state adopts the policy of supporting, transforming, rectifying, uniting and improving the township coal mines, and implements formal and rational development and orderly development.

Article 7 Coal mining enterprises must adhere to the safety production policy of safety first and prevention first, and establish and improve the responsibility system for safety production and the system of mass prevention and control.

Article 8 People's governments at all levels and their relevant departments and coal mining enterprises must take measures to strengthen labor protection and ensure the safety and health of coal mine workers.

The state takes special protection measures for employees working in coal mines.

Article 9 The state encourages and supports the adoption of advanced scientific technology and management methods in the process of developing and utilizing coal resources.

Coal mining enterprises should strengthen and improve their business management and increase labor productivity and economic benefits.

Article 10 The state maintains the production order and work order in coal mining areas, and protects the facilities of coal mining enterprises.

Article 11 The development and utilization of coal resources shall abide by the laws and regulations on environmental protection, prevent and control pollution and other public hazards, and protect the ecological environment.

Article 12 The coal administration department of the State Council shall be responsible for the supervision and administration of the national coal industry in accordance with the law. The relevant departments of the State Council shall be responsible for the supervision and administration of the coal industry within their respective responsibilities.

The coal administration departments and relevant departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of the coal industry within their respective administrative regions in accordance with the law.

Article 13 The Coal Mining Bureau is a state-owned coal mining enterprise with independent legal personality.

The Mining Bureau and other coal mining enterprises and coal operating enterprises with independent legal personality shall implement independent operation, self-financing, self-restraint and self-development in accordance with the law.

Chapter 2 Coal Production and Development Planning and Coal Mine Construction

Article 14 The coal management department of the State Council shall formulate the national coal resource exploration plan in accordance with the national mineral resource exploration plan.

Article 15 The coal management department of the State Council shall organize the formulation and implementation of coal production and development plans according to the coal resources stipulated in the national mineral resource planning.

The coal management departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize the formulation and implementation of the coal production and development plans in their respective regions in accordance with the coal resources stipulated in the national mineral resource planning, and report them to the coal management department of the State Council for the record.

Article 16 The coal production and development plan shall be formulated according to the needs of national economic and social development, and incorporated into the national economic and social development plan.

Article 17 The state formulates preferential policies to support the development of the coal industry and promote the construction of coal mines.

Coal mine construction projects shall comply with coal production and development plans and coal industry policies.

Article 18 To start a coal mining enterprise, the following conditions shall be met:

(1) Having a feasibility study report or mining plan for a coal mine construction project;

(2) The planned mining area scope, mining scope and comprehensive resource utilization plan;

(3) having geological, surveying, hydrological and other data required for mining;

(4) It has a mine design that meets the requirements of coal mine safety production and environmental protection;

(5) Having a reasonable coal mine production scale and corresponding funds, equipment and technical personnel;

(6) Other conditions prescribed by laws and administrative regulations.

Article 19 To start a coal mining enterprise, an application must be submitted to the coal management department in accordance with the law; it shall be examined and approved in accordance with the conditions stipulated in this Law and the authority for hierarchical management stipulated by the State Council.

When examining and approving a coal mining enterprise, the competent department of geology and mineral resources must review its mining scope and comprehensive resource utilization plan and sign an opinion.

A coal mining enterprise that has been approved to open shall be issued a mining license by the competent department of geology and mineral resources on the basis of the approval document.

Article 20 The use of land for coal mine construction shall be handled in accordance with the provisions of relevant laws and administrative regulations. For land acquisition, land compensation fees and resettlement compensation fees shall be paid according to law, and the resettlement of the relocated residents shall be done well.

Coal mine construction shall implement the principles of protecting cultivated land and rationally utilizing land.

Local people's governments shall provide support and assistance to the lawful use of land for coal mine construction and the relocation of residents.

Article 21 Coal mine construction shall adhere to the simultaneous development of coal development and environmental management. The environmental protection facilities of a coal mine construction project must be designed, constructed, checked and put into use at the same time as the main project.

Chapter 3 Coal Production and Coal Mine Safety

Article 22 Before a coal mine is put into production, a coal mining enterprise shall apply to the coal management department for a coal production license in accordance with this law, and the coal management department shall examine its actual production conditions and safety conditions. Give coal production license.

Those who have not obtained a coal production license shall not engage in coal production.

Article 23 To obtain a coal production license, the following conditions shall be met:

(1) It has a mining license obtained in accordance with the law;

(2) The mine production system complies with the coal mine safety regulations stipulated by the state;

(3) The mine manager has passed the training in accordance with the law and obtained the mine manager qualification certificate;

(4) Special operators have passed the training according to law and obtained the operation qualification certificate;

(5) Unobstructed dispatching and communication above and below the mine, inside the mine, and outside the mine;

(6) Contrast drawings of uphole and downhole works, floor plans of excavation works, and ventilation system diagrams that have been measured;

(7) There are facilities and environmental protection facilities that have passed the completion acceptance inspection to ensure the safety of coal mine production;

(8) Other conditions prescribed by laws and administrative regulations.

Article 24 The coal administration department of the State Council is responsible for the administration of the issuance of coal production licenses for the following coal mining enterprises:

(1) The State Council and the coal mining enterprises that should be examined and approved by the coal management department of the State Council according to law;

(2) Coal mining enterprises that cross the administrative regions of provinces, autonomous regions and municipalities directly under the Central Government.

The coal management departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the issuance and administration of coal production licenses for other coal mining enterprises other than those specified in the preceding paragraph.

The coal administration department of the people's government of a province, autonomous region or municipality directly under the Central Government may authorize the coal administration department of the people's government of a city divided into districts and autonomous prefectures to be responsible for the issuance and administration of coal production licenses.

Article 25 The administrative authority for the issuance of coal production licenses shall be responsible for the supervision and administration of coal production licenses.

A coal mining enterprise that has obtained a coal production license according to law shall not transfer or lease its coal production license to others.

Article 26 Coal production licenses shall not be issued repeatedly within the same mining area.

If the validity period of the coal production license expires or the coal resources within the approved mining area have been exhausted, the coal production license shall be cancelled and announced by the license-issuing authority.

If the production conditions and safety conditions of a coal mining enterprise change, and the conditions stipulated in this Law are not met after verification, its coal production license shall be revoked by the license-issuing authority and announced.

Article 27 Measures for the administration of coal production licenses shall be formulated by the State Council in accordance with this Law.

The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with this Law and the provisions of the State Council, formulate measures for the administration of coal production licenses in their respective regions.

Article 28 The state implements protective mining for special coal types or rare coal types that are of great value to the national economy.

Article 29 The mining of coal resources must comply with coal mining regulations, abide by a reasonable mining sequence, and achieve the specified recovery rate of coal resources.

The recovery rate of coal resources is determined by the coal management department of the State Council according to different resources and mining conditions.

The state encourages coal mining enterprises to re-mining or mining residual coal and ultra-thin coal.

Article 30 Coal mining enterprises shall strengthen the supervision, inspection and management of coal product quality. The quality of coal products shall be graded according to national standards or industry standards.

Article 31 Coal production shall be carried out within the approved mining scope in accordance with the law, and shall not be mined beyond the approved mining scope and beyond the boundaries and layers.

Mining operations shall not mine security coal pillars without authorization, and shall not use dangerous methods such as flooding, blasting, and tunneling that may endanger the production safety of adjacent coal mines.

Article 32 The miners shall be responsible for reclamation and restoration to a state where they can be used due to the occupation of land due to mining coal or the subsidence or excavation of the surface land; compensation shall be made in accordance with the law if losses are caused to others.

Article 33 The closure of coal mines and abandoned mines shall be handled in accordance with the relevant laws, regulations and the provisions of the coal management department of the State Council.

Article 34 The state establishes a system for coal mining enterprises to accumulate funds for conversion of coal mines during the aging period.

The state encourages and supports coal mining enterprises to develop diversified operations.

Article 35 The state advocates and supports coal mining enterprises and other enterprises to develop coal-electricity cogeneration, coking, coal chemical industry, coal building materials, etc., and carry out deep processing and finishing of coal.

The state encourages coal mining enterprises to develop coal washing and processing, and comprehensively develop and utilize coalbed methane, coal gangue, coal slime, stone coal and peat.

Article 36 The state develops and promotes clean coal technology.

The state has taken measures to ban indigenous coking. It is forbidden to build new local coking kilns; the existing local coking kilns shall be retrofitted within a time limit.

Article 37 The people's governments at or above the county level and their coal management departments and other relevant departments shall strengthen the supervision and management of coal mine safety production.

Article 38 The safety production management of coal mining enterprises shall implement the responsibility system of mine chief and mine chief.

Article 39 The director of mines, mine directors and other principal persons in charge of coal mining enterprises must abide by the laws and regulations on mine safety and the safety rules and regulations of the coal industry, strengthen the management of safe production in coal mines, and implement the responsibility system for safe production , and take effective measures to prevent casualties and other safety production accidents.

Article 40 Coal mining enterprises shall conduct safety production education and training for their employees; those without safety production education and training shall not be allowed to work.

The employees of coal mining enterprises must abide by the laws, regulations, rules and regulations of the coal industry and enterprise rules and regulations related to safe production.

Article 41 When there is an emergency situation that endangers the safety of employees and cannot be excluded during underground operations in coal mines, the person in charge of the operation site or the safety management personnel shall immediately organize the employees to evacuate the dangerous site and report to the person in charge of the relevant parties in a timely manner.

Article 42 The trade union of a coal mining enterprise shall have the right to put forward suggestions for solving the problem when it discovers that the administration of the enterprise violates the regulations, orders employees to take risks, or discovers obvious hidden dangers of major accidents in the production process that may endanger the safety of the employees. Disposition decisions must be made in a timely manner. If the administration of the enterprise refuses to deal with it, the trade union has the right to criticize, report and accuse.

Article 43 Coal mining enterprises must provide employees with labor protection articles needed to ensure safe production.

Article 44 Coal mining enterprises shall pay work-related injury insurance premiums for employees to participate in work-related injury insurance in accordance with the law. Encourage enterprises to apply for accident insurance for underground workers and pay insurance premiums.

Article 45 The equipment, equipment, pyrotechnic products and safety instruments used by coal mining enterprises must conform to national or industrial standards.

Chapter 4 Coal Management

Article 46 A coal mining enterprise that has obtained a coal production license according to law has the right to sell the coal produced by the enterprise.

Article 47 To establish a coal operation enterprise, the following conditions shall be met:

(1) It has registered capital commensurate with its business scale;

(2) Having a fixed business place;

(3) There are necessary facilities and sites for coal storage;

(4) It has measurement and quality inspection equipment that meets the standards;

(5) It complies with the requirements of the state for the rational distribution of coal operating enterprises;

(6) Other conditions prescribed by laws and administrative regulations.

Article 48 To establish a coal operation enterprise, an application must be submitted to the department designated by the State Council or the department designated by the people's government of a province, autonomous region or municipality directly under the Central Government; Qualification examination shall be conducted under the conditions stipulated in Article 47 and the authority of hierarchical management stipulated by the State Council; if the conditions are met, approval shall be granted. The applicant can only engage in coal business after applying to the administrative department for industry and commerce to obtain a business license with the approval document.

Article 49 Coal business enterprises engaged in coal business shall abide by the provisions of relevant laws and regulations, improve services and ensure supply. All illegal business activities are prohibited.

Article 50 Coal management shall reduce intermediate links and eliminate unreasonable intermediate links, and promote direct sales of coal mining enterprises with conditions.

Coal users and coal operating enterprises in coal sales areas have the right to purchase coal directly from coal mining enterprises. In coal production areas, coal sales and transportation service agencies can be formed to handle distribution and transportation business for small and medium-sized coal mines.

Administrative agencies are prohibited from setting up intermediate links for coal supply and charging extra fees in violation of state regulations.

Article 51 Stations, ports and other transportation enterprises engaged in coal transportation shall not use their transportation capacity as a means to participate in coal operation and seek illegitimate interests.

Article 52 The price administrative department of the State Council shall, in conjunction with the coal management department of the State Council and other relevant departments, determine the sales price of coal

Article 53 The quality of coal supplied to users by coal mining enterprises and coal operating enterprises shall conform to national standards or industry standards, the quality grade shall be consistent, and the quality price shall be consistent. If the user has special requirements for coal quality, it shall be agreed by both parties in the coal purchase and sale contract.

Coal mining enterprises and coal operating enterprises shall not mix or adulterate coal with shoddy products.

Article 54 If the quality of coal supplied to users by coal mining enterprises and coal operating enterprises does not conform to national standards or industry standards, or does not conform to contractual agreements, or does not conform to quality grades or prices, and causes losses to users, compensation shall be paid in accordance with the law.

Article 55 Coal mining enterprises, coal operating enterprises, transportation enterprises and coal users shall supply, transport, and unload coal in accordance with laws, relevant regulations of the State Council or contractual stipulations.

The transport enterprise shall pack and pile the coals of different qualities that they carry.

Article 56 The import and export of coal shall be subject to unified management in accordance with the provisions of the State Council.

Qualified large-scale coal mining enterprises have the right to engage in coal export business with the permission of the foreign economic and trade department of the State Council in accordance with the law.

Article 57 Measures for the management of coal operations shall be formulated by the State Council in accordance with this Law.

Chapter V Coal Mine Area Protection

Article 58 No unit or individual may endanger the electricity, communication, water source, transportation and other production facilities in the coal mining area.

It is forbidden for any unit or individual to disturb the production order and work order of the coal mine.

Article 59 All units and individuals have the right to report and accuse the theft or destruction of facilities and equipment in coal mines and other acts that endanger the safety of coal mines.

Article 60 Without the consent of the coal mining enterprise, no unit or individual may plant, breed, borrow soil or construct buildings or structures on the land within the valid period of the coal mining enterprise's lawful acquisition of the land use right.

Article 61 Without the consent of the coal mining enterprise, no unit or individual may occupy the special railway line, special road, special waterway, special wharf, special power line or special water supply pipeline of the coal mining enterprise.

Article 62 When any unit or individual needs to carry out operations that may endanger the safety of the coal mine, it shall obtain the consent of the coal mining enterprise, report to the coal management department for approval, and take safety measures before starting the operation.

If it is necessary to construct public works or other projects within the coal mining area, the relevant units shall negotiate and reach an agreement with the coal mining enterprise in advance before construction.

Chapter VI Supervision and Inspection

Article 63 The coal management department and relevant departments shall supervise and inspect the implementation of coal laws and regulations by coal mining enterprises and coal operating enterprises in accordance with the law.

Article 64 The supervisors and inspectors of the coal management department and relevant departments shall be familiar with coal laws and regulations, master relevant coal professional technology, be impartial and honest, and enforce the law impartially.

Article 65 When supervising and inspecting personnel from coal management departments and relevant departments, they have the right to learn about the implementation of coal laws and regulations from coal mining enterprises, coal operating enterprises or users, consult relevant materials, and have the right to enter the site checking.

 

Coal mining enterprises, coal operating enterprises and users shall provide convenience to the supervisors and inspectors of coal management departments and relevant departments who perform supervision and inspection tasks in accordance with the law.

Article 66 The supervisors and inspectors of the coal management department and relevant departments shall have the right to require the coal mining enterprises and coal operating enterprises to make corrections in accordance with the law for their violations of coal laws and regulations.

The supervisors and inspectors of the coal management department and relevant departments shall present their certificates when conducting supervisory inspections.

Chapter VII Legal Liability

Article 67 Anyone who violates the provisions of Article 22 of this Law and engages in coal production without obtaining a coal production license shall be ordered by the coal management department to stop production, confiscate the illegal income, and may concurrently impose a fine of not less than one time of the illegal income for five years. If it refuses to stop production, the local people's government at or above the county level will force it to stop production.

Article 68 If the coal production license is transferred or leased in violation of the provisions of Article 25 of this Law, the coal management department shall revoke the coal production license, confiscate the illegal income, and impose a fine of not less than one time but not more than five times the illegal income. fine.

Article 69 Anyone who violates the provisions of Article 29 of this Law by exploiting coal resources that does not reach the recovery rate of coal resources prescribed by the coal management department of the State Council shall be ordered by the coal management department to make corrections within a time limit; , its coal production license shall be revoked.

Article 70 Whoever, in violation of the provisions of Article 31 of this Law, mines security coal pillars without authorization or adopts dangerous methods that endanger the production safety of adjacent coal mines to conduct mining operations, shall be ordered by the labor administrative department in conjunction with the coal management department to stop the operation; The coal management department confiscates the illegal income, imposes a fine of more than one time but not more than five times the illegal income, and revokes its coal production license; if a crime is constituted, the judicial organ shall investigate the criminal responsibility according to law; if any loss is caused, it shall bear the responsibility for compensation according to law.

Article 71 Anyone who, in violation of the provisions of Article 48 of this Law, engages in coal business activities without examination and approval shall be ordered by the department in charge of examination and approval to stop the business operation, the illegal income shall be confiscated, and the illegal income may be concurrently punished by more than five times the amount of the illegal income. times the fine.

Article 72 Whoever, in violation of the provisions of Article 53 of this Law, adulterates or adulterates coal products and substitutes them with inferior ones shall be ordered to stop the sale, the illegal gains shall be confiscated, and a fine of not less than one time but not more than five times the illegal gains shall be imposed. If the fine is imposed, the coal production license may be revoked or the coal operation qualification may be cancelled according to law; if a crime is constituted, the judicial organ shall investigate the criminal responsibility according to law.

Article 73 Where, in violation of the provisions of Article 60 of this Law, without the consent of the coal mining enterprise, any building or structure is built on the land within the valid period of the coal mining enterprise's lawful acquisition of the land use right, the local people's government shall mobilize and demolish it; Those who refuse to dismantle shall be ordered to dismantle.

Article 74 Whoever, in violation of the provisions of Article 61 of this Law, occupies the special railway line, special road, special waterway, special wharf, special electric power line and special water supply pipeline of a coal mining enterprise without the consent of the coal mining enterprise shall be subject to the The local people's government at or above the county level shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be forcibly removed, and a fine of not more than 50,000 yuan may be imposed concurrently; if losses are caused, it shall be liable for compensation according to law.

Article 75 Anyone who violates the provisions of Article 62 of this Law, without approval or without taking safety measures, conducts operations that endanger the safety of coal mines within the scope of coal mine mining shall be ordered by the coal management department to stop the operation and may concurrently be sentenced to five A fine of less than 10,000 yuan; if losses are caused, they shall be liable for compensation according to law.

Article 76 Anyone who commits any of the following acts shall be punished by the public security organ in accordance with the relevant provisions of the Regulations on Administrative Penalties for Public Security; if a crime is constituted, the judicial organ shall investigate the criminal responsibility according to law:

(1) Obstructing the construction of coal mines, so that the construction of coal mines cannot be carried out normally;

(2) Deliberately damaging the electricity, communication, water source, transportation and other production facilities of the coal mine;

(3) Disturbing the order of the coal mine, resulting in the inability of production and work to proceed normally;

(4) Refusing or obstructing the supervision and inspection personnel to perform their duties according to law.

Article 77 If a coal production license is issued to a coal mining enterprise that does not meet the conditions stipulated in this Law, or the establishment of a coal operation enterprise that does not meet the conditions stipulated in this Law is approved, the competent authority or supervisory authority at a higher level shall order it to make corrections, and give immediate The responsible person in charge and other directly responsible persons shall be given administrative sanctions; if a crime is constituted, the judicial organ shall investigate the criminal responsibility according to law.

Article 78 If the management personnel of coal mining enterprises violate the regulations and command or force employees to work at risk, and serious casualty accidents occur, they shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.

Article 79 The management personnel of coal mining enterprises do not take measures to eliminate hidden dangers of coal mine accidents, and if a serious casualty accident occurs, they shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.

Article 80 If the staff of the coal management department and relevant departments neglect their duties, practice favoritism, or abuse their power, they shall be given administrative sanctions in accordance with the law; if a crime is constituted, the judicial organs shall investigate the criminal responsibility in accordance with the law.

Chapter VIII Supplementary Provisions

Article 81 This Law shall come into force on December 1, 1996.