The research group of four people, from May 17 to 24, 2005 on the operation of mining rights in Sichuan Province and its related issues for investigation and research. The research group held seminars in Sichuan Provincial Department of Land and Resources, Provincial Geological Exploration Bureau and Southwest Petroleum Bureau, listened to opinions widely and collected information from various sources. Now the research is briefly reported as follows.
A, the basic situation of mineral exploration
In 2004 the province issued 680 audit of exploration licenses, of which, the new 184, change 87, 394 continuation, retention of 15. Prospecting rights to state-owned geological exploration units and state-owned enterprises as the most, ***345, accounting for 50.7%; followed by limited liability companies, 144, accounting for 21.2%; foreign-related enterprises 16, accounting for 2.4%. From the stage of investigation, the census is 616, accounting for 90.1%, 13 detailed investigation, exploration 8.
In 2004, 167 million yuan was invested in exploration funds, of which, mainly social funds, accounting for 88% of the total investment; the central and local financial investment accounted for only 12%. In the social capital investment, domestic enterprises and institutions for 114 million yuan, individual input of 15.49 million yuan. The types of mines invested are mainly precious metal and non-ferrous metal mines, and the sum of the two inputs is 127 million yuan, accounting for 78.3% of the total input. Among them, gold mines amounted to 67.02 million yuan, accounting for 41.3% of the total input. Geological exploration area of 9357 square kilometers, the average investment per square kilometer is only 17,324 yuan. The intensity of input is low, the scale of input is small, 138 projects with input less than 100,000 yuan, accounting for 10%; 157 projects with input of 200,000 yuan, accounting for 20%; 157 projects with input of 500,000 yuan, accounting for 50%; 57 projects with input of 1,000,000 yuan, and 25 projects with input greater than 1,000,000 yuan, among which there are only 3 projects with input of more than 2,000,000 yuan. The province completed 23,095 meters of drilling work and 66,473 meters of pit exploration work.
In 2004, the geological results were remarkable, 11 large deposits controlled, 38 medium-sized deposits, 318 small deposits; 34 large deposits predicted, 82 medium-sized deposits, 358 small deposits. There are 242 non-ferrous metals, accounting for 36.6% of the total 622, 235 gold mines, accounting for 35.5% of the total, 50 ferrous metals, accounting for 7.6% of the total, and 31 energy minerals, accounting for 4.7% of the total.
Overall, 2004 was the fastest year of development of mineral exploration in the past 10 years, with the input capital increasing by 35.6% compared with 2003 and 111.6% compared with 2002, and the development momentum is strong. Its main driving force is the strong demand for minerals, prompting the price of minerals to rise, which in turn pushed the price of mineral rights rose. A coal mine in Leshan City, the starting price in the auction was only 8 million yuan, and finally sold 33 million, more than three times higher than the starting price. The Sichuan Provincial Department of Land and Resources reflected that the exploration cost per ton of coal in the past was only 3 to 5 yuan, but now it has risen to more than 10 yuan.
Second, the basic situation of the operation of mining rights
1. On the understanding of mining rights
The understanding of mining rights, to a large extent, affects the operation of mining rights of the multifaceted relationship. Generally speaking, the understanding of mining rights as a property right is relatively consistent, but the understanding of prospecting rights as a property right but the divergence is obvious: some believe that it belongs to the right of property in the right of other property, is derived from the ownership of mineral resources, is the form of mineral exploration inputs. But the current laws and regulations on his protection is not perfect, and thus often violated, even in accounting so far did not deal with it as a property right; some think that the prospecting right as an information product, its value comes from two aspects: one is the exploration input, and the second is the prospector's contribution (mainly refers to the results of technological knowledge), and thus require the sharing of intellectual property rights; some think that the mining right and the ownership of mineral resources are Some believe that mineral rights and ownership of mineral resources are linked together, and that the owner can dispose of both mineral resources and mineral rights, thus leading to the need for governments at all levels to take direct control of all mineral rights.
2. Regarding the "invitation, auction and listing" of mining rights
Sichuan Province issued three documents as early as 2002 to clearly define the "invitation, auction and listing" of mining rights. This provision with the Ministry of Land and Resources in 2003 issued by the approach is basically the same. Song, director of the Sichuan Provincial Department of Land and Resources, was adamant about this. He said that the government-controlled mining rights to implement the "bidding, auction, hanging", at least four major benefits: ① is conducive to the prevention of corruption. Where not through the "tender, auction, hanging" of the mineral rights, almost all have problems in tracing; ② is conducive to fairness and justice, can improve the government's image and reputation; ③ is conducive to the optimization of the allocation of mineral resources, the high bidder in the use of resources is bound to be more cherished; ④ is conducive to the protection of rights and interests, because it is the purchase of the mineral rights and interests of the protection of money
Sichuan, China's largest mining company, is the largest mining company in China.
Sichuan provincial government attaches great importance to the mining rights of the "bidding, auction, hanging". 2005 Sichuan Provincial Party Committee had to Sichuan Committee Office [2005] No. 6, "comprehensively promote the market allocation of mineral resources notice", stressed that "the new set of mineral rights and state-owned mining enterprises after bankruptcy mining rights re-assignment, in addition to national laws and regulations have clear provisions, must be implemented bidding, auction listing, auction-based. State-owned enterprise units of the transfer of mining rights, must also be open and transparent ", Sichuan Provincial Commission for Discipline Inspection also to Sichuan Ji Fa [2004] No. 20, to the height of the Party discipline, required to speed up the implementation of market-oriented allocation of resources. Emphasize that "in the resources of the tender, auction, listing and so on, must not waver in the implementation of open bidding, fair competition.
The above understanding and requirements, from the general principle that is undoubtedly correct, but in the specific details and operational level, there are two major doubts: First, all the mineral rights to engage in "tenders, auctions, hanging" ceded, and the Ministry of Land and Resources promulgated the approach is inconsistent; second is the requirement of state-owned enterprises and institutions to transfer the mineral rights must also engage in "Tender, auction, hanging", and the state regulations on the protection of business autonomy, thus causing many reflections.
3. On the sale and transfer of mining rights
In 2004, the province through the "bidding, auctioning and listing" of 36 prospecting rights, collecting 88.42 million yuan, 16.75 million yuan into the provincial financial account, accounting for about 20%; the remaining 80% left to the local and county governments. In principle, the use of the price was stipulated to be used for geological work, and in practice there was no tracking. The largest number of mines offered is non-ferrous metals, ****14 cases; the largest number of transaction price is ferrous metals, 11 cases to recover the price of 66.52 million yuan.
In 2004, the province's transfer of prospecting rights; application for 84, approved 58, the transaction price of 76.39 million yuan, of which 63.88 million yuan sold, valued at 12.5 million yuan. The transferred minerals are mainly precious metals and non-ferrous metals.
In 2004, mining rights were more actively offered and transferred, with a total **** turnover of 1.3 billion yuan, five times more than the 220 million yuan sold in 2003. The price is also higher, some coal mining rights, a buy 300 million yuan, was bought by Tianjin enterprises.
Overall, although the mineral rights trading is more active, compared with previous years there is also a great development, but horizontal than or compared with the mineral exploration and registration, or less than ideal, mainly because of the immaturity of the market development, some of the primary market is good, is the secondary market is poor; some of the secondary market is good, the primary market is poor. And compared with outside the province, especially with Yunnan Province, Sichuan Province is lagging behind.
Three, the basic situation of the geological exploration unit
Geological exploration unit is an important market of mineral rights transactions, on the one hand, it occupies a large number of prospecting rights and geological information; on the other hand, it is in the transition from the institution to the enterprise transition period. It is of special significance to understand the operation of mining rights from the side of geosurveying units.
Sichuan Geological Exploration Bureau is the former Ministry of Land and Mining units, in 1999 the localization of management. 5 years in the integration of the local economy has achieved very good results:
5 years of local finance for the Geological Exploration Bureau to increase the geological exploration fees 180 million yuan, equivalent to the original decentralization of the base figure (200 million yuan) of the 90%, together with their own income generation in 2004, the total income of 1.067 billion, an annual growth of 13.7%. Growth of 13.7%. Sichuan Bureau of the formation of the four major industries are closely integrated with the local economic development, the current market situation is also very good. four major industries are:
(1) to do the geological search for the mining industry;
(2) to do the best engineering exploration and basic construction industry;
(3) to do the mineral development industry;
(4) to do a good job of trade and service industry.
Which geological prospecting and mining development, are closely related to mining rights. The bureau proposed to "three concentration", that is, focusing on capital, focusing on technical force, focusing on the management of the elite, to focus on geological prospecting, especially in the search for incentives to deepen the reform and make breakthroughs. The following is the basic situation of the Bureau's operation of mining rights in recent years, see Table 1.
Table 1: Operation of Mining Rights in Sichuan Province from 2002 to 2004
The prospecting rights occupied by the Bureau accounted for 37.8% of the total amount of the province's prospecting rights, and it occupies a pivotal position in the province. The Bureau transfers prospecting rights in two main ways, one is joint venture and cooperation, and the other is sale. The Bureau and the South African Mining Corporation to cooperate in the search for minerals, the first investment of 20 million U.S. dollars, after the success of the increase of 30 million U.S. dollars, is the use of foreign capital in the domestic search for minerals, a major initiative. The Bureau believes that, in the long run, it is inappropriate to rely too much on the transfer of mineral rights to obtain income, but should be based on mineral development. Therefore, most of the prospecting rights acquired in the future should be converted into mining rights to ensure the development momentum of the geological exploration units. This understanding is worthy of attention.
Southwest Petroleum Bureau is also the former Ministry of Geology and Mineral Resources affiliated with the geological exploration units, in 1996 the formal one-time transfer of enterprises, no transition period, a success. Now is the annual production of 1.9 billion cubic meters of natural gas scale of oil and gas enterprises, production and operation of 2004 total income of 2.28 billion, realizing a profit of 188 million yuan.
The bureau has a monopoly on mining rights, which are less infringed upon relative to solid minerals. But in the 1990s, there were two shallow natural gas blocks that the localities also entered. They were later coordinated by the provincial government and given a settlement in the form of a joint venture development. They are still under the Southwest Branch of Sinopec Corporation as two independent subsidiaries. The main problems of the current oil and gas development are the difficulties in land acquisition and leasing, the increased difficulty in local coordination, and in one work area, the forced tolls occurring due to the compensation of seedlings and the crossing of bridges and roads delayed the construction period by as much as a month, affecting the whole project.
On the whole, after the localization of the geological exploration unit and the change of enterprise, the team is stable, and the integration of the local economy is close, the development momentum is good. Practice has proved that the General Office of the State Council on the issuance of geological survey team management system reform program notice. (State Office of the State Council on the issuance of the reform program of geological exploration teams. (State Office of the State Council [1999] No. 37) determined the direction of the reform of the geological exploration team is completely correct, the proposed policies and measures are practical and feasible.
Four, problems and recommendations
In the investigation and research, the various aspects of the operation of mining rights as the theme, while recognizing the achievements and the mainstream, but also reflect a lot of problems, the main ones are:
1. In the government to implement the "tenders, auctions, hanging" in the mining rights, the boundary of some unclear
This, although in the Ministry of Land and Resources of the Ministry of Land and Resources of the Ministry of Land and Resources of the Ministry of Land and Resources of the Ministry of Land and Resources of the Ministry of Land and Resources of the People's Republic of China. p>This although the Ministry of Land and Resources issued in the approach to the provisions of the 4, in Sichuan Province, the approach to the provisions of the 3, but are not specific enough, the operation of the multi-interpretation of the nature. More importantly, in the interests of the drive, some local governments ignore the provisions of the higher level, arbitrarily expanding the prospecting rights of the "bidding, auction, hanging" scope. For example, Liangshan state called a meeting of geological exploration units working in the area to help the government to draw out 50 mining blocks in the whole state, and then all of them implemented "tendering, auctioning and listing" to let out the mineral rights. As a result, there are no more blocks in the state that can be registered for mineral rights. There are counties and mines management department, as long as you apply for registration, they will be registered in the block, set up "tendering, auction, hanging" of the mineral rights. The above practices, supported by the provincial party committee, the provincial government, and the provincial party committee, the provincial government's support is mostly from the perspective of corruption prevention, with political considerations. This makes it difficult to rectify the problem because of the profit motive at the bottom and the political requirements at the top. In addition, the National Development and Reform Commission also stipulates that mining rights for coal can only be sold to state-owned enterprises, which is also inconsistent with the central government's policy.
2. In the mining rights "bidding, auction, hanging" on the main body of some unclear
Beginning of the government promulgated the method, only limited to the government's control of the mineral rights, the implementation of the main body is the government. But Sichuan Province to expand it to state-owned enterprises and institutions, requiring them to transfer or disposal of mineral rights, but also must be "invited, auction, hanging". This gives rise to two problems, one is the infringement of the economic autonomy of enterprises, because the mining rights is the corporate property rights of enterprises; Secondly, some of the disposal of mineral rights is not suitable for "tenders, auctions, hanging", such as the geological exploration units and foreign investors, domestic cooperation in exploration, entirely by virtue of the subjective recognition of the partners, the two sides voluntarily, and can not engage in "Tender, auction, hanging". Sichuan Geological Exploration Bureau in Liangshan State, a gold mine, has been negotiated with Fujian Zijin Mining cooperation, but the application for more than a year, the state government is not approved. The reason is that the state government wants to take it to "bidding, auctioning and listing". This practice has seriously interfered with the normal production and operation activities of the geological exploration unit.
3. The government is directly engaged in the operation of mining rights, has formed a strong momentum
Specific practice is to form a primary prospecting of all the possible lots, the government all control up, and then through the government project, to the prospecting unit of the technical labor contract, to obtain the value of the prospecting rights or mining rights, and then by the government to recruit, auction, hanging. Obviously this is not an administrative act, but the production and management behavior, but do not engage in industrial and commercial registration, do not engage in business accounting, do not engage in the registration of exploration, completely by virtue of the administrative right, in the mining rights market both as a referee, but also as a player, the development of the next generation of many negative impacts.
4. The provisions of the priority of the prospecting rights to obtain mining rights, in the actual operation of the question
Some people spend a lot of money to buy the prospecting rights, but there is no guarantee that they will get the right to mining rights, is really not reasonable. In the explanation of "priority", some local governments say it is the priority of the same price, that is, after the success of prospecting, but also the auction, the best price first, which increases the investor's concern. In this regard, some places to the two rights in one auction, in the conditions of transfer, must be completed after the prospecting work can be transferred to mining.
5. The use of government auction of mining rights, although there is a requirement but no check, the actual use is not clear enough
Some people believe that, because of the price of these local governments to share a large part of the real are used for geological work is not quite reasonable. For example, in some areas, several hundred million dollars a year can be recovered, and there is simply no place to use it locally.
6. From the overall situation of prospecting rights in Sichuan Province, the area of exploration and registration relative to the investment in exploration, the investment intensity is too small, each square kilometer per year is only 17,000 yuan
This is very unfavorable to the development of the mining industry. The main reason for this situation is that the current geological exploration units belong to the nature of the business, own funds are insufficient, but also refused to boldly turn the enterprise, can only use the occupation of land approach to realize their transition.
For the above problems, the following suggestions:
(1) must be clear, mining rights, "bidding, auction, hanging" method of the main body of the transfer, only the government, other mineral rights subject (including state-owned enterprises and institutions) with what method of transfer, should be decided by themselves. At the same time, within a provincial area, should be the auction of prospecting rights with the approval of the granting of prospecting licenses specifically separate, to prevent the local and county governments to arbitrarily expand the scope of the auction. The general guiding principle is to lower the threshold of entry for prospecting rights.
(2) must be clear, the block or project of mineral exploration, once invested is the act of prospecting, that is, to enter the mineral rights market to engage in business, and therefore must act in accordance with the rules of the game. This point as the competent authorities of the mineral rights market (Ministry of Land and Resources, Office) should be clear to leaders at all levels, and fulfill their responsibilities. And all levels of government should also be in accordance with the rules of the game, the formation of mineral exploration company, in the capacity of enterprise legal person engaged in mineral exploration, the government is the funder, its intervention is not with administrative methods, but with the capital approach.
(3) on the prospecting rights and mining rights of the unification and division. From a practical point of view, combined into one is completely necessary, the key is how to prevent the use of prospecting instead of mining, as long as the natural conversion of prospecting rights into mining rights, add some necessary conditions can be solved, do not have to engage in the separation of the two rights.
(4) on the government to let the mining rights of the price of the share and use, there is a need to improve. The main thing is to share the big head should be turned over to the central government, the reason is that since it is a state-owned assets income, it can not be originated by the big head. Moreover, the localities account for a large part of it, will also encourage for one-sided pursuit of rights and interests and expand the scope of mining rights "bidding, auctioning, listing", but also not conducive to a wider range of the price for geological work.
(5) some prospectors have too large an area for exploration, the unit area of capital investment is too small problem, should cause the Ministry of Land and Resources authorities to pay attention to. This is not only related to individual mineral exploration units, but also related to other social capital into, and thus affect the development of China's mining industry. It is recommended to set out the topic for study, and put forward practical and feasible ideas for improvement.