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Order No. 520 of the State Council of the People’s Republic of China: The Regulations on the Administration of Geological Exploration Qualifications are hereby promulgated and shall come into force as of July 1, 2008. Prime Minister ** March 3, 2008 Regulations on the Administration of Qualifications for Geological Exploration Chapter 1 General Provisions Article 1 These regulations are formulated in order to strengthen the management of geological exploration activities, maintain order in the geological exploration market, ensure the quality of geological exploration, and promote the development of the geological exploration industry. Article 2: Entities engaged in geological exploration activities shall obtain a geological exploration qualification certificate in accordance with the provisions of these regulations. Article 3: The competent department for land and resources under the State Council, as well as the competent departments for land and resources of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government, shall, in accordance with the provisions of these regulations, be responsible for the approval, issuance, and supervision of geological exploration qualifications. The land and resources authorities at the municipal and county levels are responsible, in accordance with the provisions of these regulations, for the supervision and management related to geological exploration qualifications within their respective administrative areas. Article 4: Geological exploration qualifications are divided into comprehensive geological exploration qualifications and specialized geological exploration qualifications. The comprehensive geological exploration qualifications include qualifications for regional geological surveys, marine geological surveys, exploration for petroleum, natural gas, and mineral resources, exploration for liquid mineral resources (excluding petroleum), exploration for gaseous mineral resources (excluding natural gas), exploration for solid mineral resources such as coal, as well as qualifications for hydrogeological, engineering geological, and environmental geological surveys. Professional geological exploration qualifications include geophysical exploration qualifications, geochemical exploration qualifications, aerial geological survey qualifications, remote sensing geological survey qualifications, geological drilling (pit) exploration qualifications, and geological testing qualifications. Article 5: The qualifications for regional geological surveys, marine geological surveys, exploration for petroleum, natural gas, and mineral resources, exploration for gaseous mineral resources (excluding natural gas), aerial geological surveys, remote sensing geological surveys, and geological testing are divided into two grades: Grade A and Grade B ； Other geological exploration qualifications are divided into three levels: Grade A, Grade B, and Grade C. Article 6: Any organization or individual has the right to report to the competent department for land and resources any acts of engaging in geological exploration in violation of the provisions of these regulations. The competent land and resources authority that receives the report shall investigate and handle it in accordance with the law, while keeping the informant’s identity confidential. Chapter 2 Application and Acceptance Article 7 Entities applying for geological exploration qualifications shall meet the following basic requirements: (1) Possess the legal status of an enterprise or institution ； (II) Qualified exploration technical personnel appropriate to the category and level of geological exploration qualifications applied for ； (III) Possess exploration equipment and instruments suitable for the category and level of geological exploration qualifications applied for ； (IV) It has a quality management system and a work safety management system that are appropriate for the type and level of geological exploration qualifications applied for. The specific standards and requirements for different categories and levels of geological exploration qualifications are stipulated by the competent department for land and resources under the State Council. Article 8: The following geological exploration qualifications shall be approved and issued by the competent department for land and resources under the State Council: (1) Marine geological survey qualifications, petroleum and natural gas mineral exploration qualifications, and aerial geological survey qualifications ； (II) Other Class A geological exploration qualifications. Geological exploration qualifications other than those specified in the first paragraph of this article are approved and issued by the land and resources authorities of the provinces, autonomous regions, and municipalities directly under the Central Government. Article 9: Entities applying for geological exploration qualifications shall submit the following materials to the approval authority: (1) Application form for geological exploration qualifications ； (II) Documents proving legal person status ； (III) List of surveying and technical personnel, identity documents, qualification certificates, and appointment documents for the technical supervisor ； (IV) List of exploration equipment and instruments and corresponding certification documents ； (5) Relevant documents of the quality management system and the work safety management system. The applicant shall be responsible for the authenticity of the application materials. Article 10: The acceptance of applications for geological exploration qualifications shall be handled in accordance with the relevant provisions of the Administrative License Law of the People’s Republic of China. Chapter 3 Review and Decision Article 11 The approval authority shall complete the review within 20 working days as of the date of receiving an application for geological exploration qualifications. If it is found to meet the requirements after review, the approval authority shall make it public, with a publicity period of no less than 10 working days. If no objections are raised upon the expiration of the public notice period, approval will be granted, and a geological exploration qualification certificate will be issued within 10 working days ； If there are any objections, the applicant shall be notified within 10 working days to submit relevant explanatory materials. If, upon review, the application is found to not meet the requirements, the approval authority shall notify the applying entity in writing and state the reasons. Article 12: The approval authority shall promptly announce the issued geological exploration qualification certificates to the public and provide convenience for the public to access them. Article 13: A geological exploration qualification certificate mainly includes the following contents: (1) The name of the entity, its address, and its legal representative ； (II) Categories and grades of geological exploration qualifications ； (III) Validity period ； (IV) Issuing authority, date of issuance, and certificate number. The format of the geological exploration qualification certificate shall be stipulated by the competent department for land and resources under the State Council. Article 14: Where a geological exploration entity changes its name, address, or legal representative, it shall, within 20 working days as of the date of the industrial and commercial registration change or the registration change for public institutions, go to the original approval authority to proceed with the procedures for changing its geological exploration qualification certificate. If a geological exploration unit changes the category or level of qualifications specified in its geological exploration qualification certificate due to merger, division, or other reasons, it shall apply for new qualifications in accordance with the provisions of these regulations. Article 15: If a geological exploration entity ceases to engage in geological exploration activities due to dissolution or other reasons, it shall, within 10 working days from the date of cessation, go to the original approval authority to complete the procedures for canceling its geological exploration qualification certificate. If the procedure is not completed within the deadline, the approval authority will cancel it. Article 16: Units that have obtained Class A geological exploration qualifications may engage in all geological exploration activities of this category. The scope of geological exploration activities that entities with Class B and Class C geological exploration qualifications may undertake is determined by the competent department for land and resources under the State Council. Article 17: The validity period of a geological exploration qualification certificate is 5 years. If the validity period of a geological exploration qualification certificate expires and the geological exploration entity continues to carry out geological exploration activities, it shall submit an application for renewal to the original approval authority 3 months before the expiration of the certificate’s validity period. The approval authority shall make a decision on whether to grant an extension before the expiration of the validity period of the geological exploration qualification certificate ； If no decision is made by the deadline, it shall be deemed that the extension is approved. Chapter 4 Supervision and Management Article 18 The land and resources authorities at the county level and above shall strengthen supervision and inspection of geological exploration activities. The land and resources authorities at the county level or above shall conduct supervision and inspections, and may examine or request geological exploration agencies to provide materials related to their geological exploration qualifications. Geological exploration units shall provide relevant materials truthfully, and shall not refuse or obstruct supervision and inspection. Article 19: When conducting inspections and supervision, the inspectors shall present their identification cards, protect the technical and business secrets of the units under inspection, and make records of the contents of the inspections, the problems identified, and the actions taken to address them. These records shall be signed by the inspectors and the relevant responsible persons of the units under inspection. If the relevant person in charge of the inspected entity refuses to sign, the supervision and inspection personnel shall record the relevant circumstances. Article 20 The approval authority shall establish and improve a management system for the practice files of geological exploration units. The practice file should record the geological exploration unit’s professional experience, work performance, professional reputation, inspection evaluations, social complaints, and any illegal activities. Article 21: If, during supervision and inspection, the approval authority finds that a geological exploration unit no longer meets the conditions specified for its respective qualification category or qualification level as set out in the geological exploration qualification certificate, it shall order the unit to make corrections within a specified time limit. Article 22: In any of the following circumstances, the approval authority shall revoke the geological exploration qualification certificate: (1) When a staff member of the approval authority abuses their power or neglects their duties in issuing a geological exploration qualification certificate ； (II) Issuing geological exploration qualification certificates beyond the statutory authority ； (III) Issuing geological exploration qualification certificates in violation of legal procedures ； (IV) Issuing geological exploration qualification certificates to application entities that do not meet the requirements stipulated in these regulations. Article 23: If a geological exploration unit loses its geological exploration qualification certificate, it shall issue a nationwide announcement, with a notice period of not less than 30 days. Only after the announcement period has expired can one go to the original approval authority to complete the procedures for obtaining a replacement certificate. Article 24: Geological exploration units shall not engage in geological exploration activities beyond the category or level of qualifications specified in their geological exploration qualification certificates, nor shall they issue false geological exploration reports. Geological exploration agencies shall not subcontract the geological exploration projects they are assigned to, nor shall they permit other entities to carry out geological exploration activities in their name. Geological exploration agencies shall not carry out mineral geological exploration activities on behalf of the client until the client has obtained a mineral resource exploration permit and a mining permit. No entity or individual shall forge, alter, or transfer geological exploration qualification certificates. Chapter 5 Legal Liability Article 25 If the land and resources authorities at or above the county level, as well as their staff, violate the provisions of these regulations and fall under any of the following circumstances, the persons in charge who are directly responsible and other persons directly liable shall be given sanctions in accordance with the law ； If the persons in charge who are directly responsible and other individuals who bear direct responsibility commit a crime, they shall be held criminally liable in accordance with the law: (1) Issuing geological exploration qualification certificates to applicant entities that do not meet the requirements stipulated in these regulations, or issuing such certificates beyond the scope of their authorized powers ； (II) Failing to issue a geological exploration qualification certificate to application entities that meet the conditions stipulated in these regulations, or failing to issue such certificates within the statutory time limit ； (III) Failing to investigate and deal with acts that violate the provisions of these regulations, or failing to handle reports in accordance with the law upon receipt thereof ； (IV) There are other illegal acts in the approval and issuance of geological exploration qualifications as well as in their supervision and management. Article 26: If a geological exploration entity conceals the truth or submits false materials during the application process for qualifications, the approval authority shall refuse to accept the application or issue a geological exploration qualification certificate, and issue a warning. If a geological exploration agency obtains a geological exploration qualification certificate through improper means such as deception or bribery, the original approving authority shall revoke such certificate and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan ； If a crime is constituted, criminal liability shall be pursued in accordance with the law. Article 27: Those who engage in geological exploration activities without obtaining a geological exploration qualification certificate, or those who continue such activities after the expiration of the validity period of their qualification certificate without going through the procedures for renewal as required by these regulations, shall be ordered by the land and resources authorities at the county level or above to make corrections within a specified time limit, and shall be fined not less than 50,000 yuan but not more than 200,000 yuan ； If there are illegal gains, such gains shall be confiscated. Article 28: If a geological exploration entity changes its name, address, or legal representative and fails to go through the procedures for updating its geological exploration qualification certificate in accordance with the provisions of these regulations, the original approval authority shall order it to make the corrections within a specified time limit ； If the violation is not corrected within the prescribed time, the geological exploration qualification certificate shall be temporarily seized or revoked. Article 29: If a geological exploration unit commits any of the following acts, the land and resources authorities at or above the county level shall order it to make corrections within a specified time limit and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan ； If there are illegal gains, such gains shall be confiscated ； If the violation is not corrected within the prescribed time, the original approving authority shall revoke the geological exploration qualification certificate: (1) Engaging in geological exploration activities without adhering to the qualification category or level specified in the geological exploration qualification certificate ； (II) Those who issue false geological exploration reports ； (III) Subcontracting the geological exploration projects assigned to it ； (IV) Allowing other entities to carry out geological exploration activities in the name of this entity ； (5) Conducting mineral geological exploration activities on behalf of the client prior to the acquisition by the client of a mineral resource exploration permit or a mining permit. Article 30: If a geological exploration unit fails to provide relevant materials truthfully when under supervision and inspection, or refuses or obstructs such supervision and inspection, the land and resources authorities at the county level or above shall order it to make corrections within a specified time limit ； If the violation is not corrected within the prescribed time, the original approval authority shall suspend or revoke the geological exploration qualification certificate. Article 31: If a geological exploration unit is ordered to make corrections within a specified time limit, and fails to do so by the deadline, or still does not meet the requirements corresponding to the category or level of qualifications specified in its geological exploration qualification certificate after making the corrections, the original approving authority shall suspend or revoke its geological exploration qualification certificate. Article 32: Those who forge, alter, or transfer geological exploration qualification certificates shall have such certificates confiscated by the land and resources authorities at the county level or above, or revoked by the original approving authority; they shall also be fined not less than 50,000 yuan but not more than 200,000 yuan ； If there are illegal gains, such gains shall be confiscated ； If it constitutes an act in violation of public order management, the public security authorities shall impose penalties for public order management in accordance with the law ； If a crime is constituted, criminal liability shall be pursued in accordance with the law. Article 33: A unit whose geological exploration qualification certificate has been revoked in accordance with the provisions of these regulations shall not apply for such a qualification again within one year from the date of revocation. Chapter 6 Supplementary Provisions Article 34: Units that had obtained geological exploration qualification certificates in accordance with the law prior to the implementation of these regulations shall, 30 working days before the expiration of the validity period of their original geological exploration qualification certificates, reapply for such qualifications in accordance with the provisions of these regulations. Those who fail to complete the procedures by the deadline shall not continue to engage in geological exploration activities. Article 35: The management of qualifications for construction project surveying shall be carried out in accordance with the relevant provisions of the Regulations on the Management of Construction Project Surveying and Design. Article 36 These Regulations shall come into force as of July 1, 2008.