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Published on: June 29, 2013

Original title: 中华人民共和国煤炭法 (2013年修正)
Links: Original CN: list of changes announced here (link).

 

Law of the People's Republic of China on the Coal Industry

Presidential order (1996) No. 75

Issued by the Standing Committee of the People's Republic of China National People's Congress

Adopted by 21st Meeting of the Standing Committee of the Eight National People's Congress on August 29, 1996

First revised by the "Decision on amending some laws" of the Tenth Meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009

Revised for a second time by the "Decision on revising Law of the People's Republic of China on the Coal Industry" of the 20th Meeting of the Standing Committee of the Eleventh National People's Congress on April 22, 2011.

Revised for a second time by the "Decision on revising the Law of the People 's Republic of China on the Protection of Cultural Relics and 19 other laws" of the 3rd Meeting of the Standing Committee of the Twelfth National People's Congress on June 29, 2013.

Table of contents
Chapter I General Provisions
Chapter II Plans For Coal Production And Development And Construction Of Coal Mines
Chapter III Production Of Coal And Safety Of Coal Mines
Chapter IV Marketing Of Coal
Chapter V Protection Of Coal Mining Areas
Chapter VI Supervision And Inspection
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions

 

Chapter I General Provisions

Article 1 This Law is enacted with a view to rationally developing, utilizing and protecting the coal resources, standardizing the production and marketing of coal, and promoting and ensuring the development of the coal industry。

Article 2 This Law shall be applied to the production and marketing of coal within the territory of the People's Republic of China and in the sea areas under its jurisdiction。

Article 3 The coal resources are owned by the State。The State ownership of the coal resources, either on the surface or underground, shall not change with the ownership or right to use of the land which the coal resources are attached to。

Article 4 With regard to the development of the coal resources, the State shall apply the principle of unified planning, rational geographical distribution and comprehensive utilization。

Article 5 The State shall protect the coal resources according to law and forbid any indiscriminate mining which is destructive to the coal resources。

Article 6 The State shall protect the lawful rights and interests of the persons who invest in the exploitation of the coal resources according to law。

The State shall protect the sound development of State-owned coal mines。

With regard to township coal mines, the State shall adopt the policies of support, transformation, rectification, merging and upgrading, so that they shall exploit the resources in a regular and rational manner and in good order。

Article 7 Coal mining enterprises must abide by the principle of safety in production, putting safety and prevention first, and establish and improve the responsibility system for safety in production and the system of prevention and control by the masses。

Article 8 The people's governments at all levels and the relevant departments thereof and the coal mining enterprises must take measures to strengthen occupational protection so as to guarantee the safety and health of coal mine workers and staff members。

The State shall take special protective measures for miners working in underground coal mines。

Article 9 The State shall encourage and support the adoption of advanced science and technology and managerial methods in the exploitation and utilization of coal resources。

Coal mining enterprises shall strengthen and improve their operation and management and increase their productivity and economic results。

Article 10 The State shall maintain order in production and other work in coal mine areas and protect the facilities of coal mining enterprises。

Article 11 Anyone who exploits or utilizes coal resources shall abide by the laws and regulations governing environmental protection, prevent and control pollution and other public hazards, and protect the ecological environment。

Article 12 The department in charge of the coal industry under the State Council shall be responsible for supervision and administration of the coal industry throughout the country according to law。The relevant departments under the State Council shall be responsible for supervision and administration of the coal industry within the limits of their respective functions and responsibilities。

The departments in charge of the coal industry and other relevant departments under the local people's governments at or above the county level shall be responsible for supervision and administration of the coal industry in their own administrative regions according to law。

Article 13 The coal mining administrations are State-owned coal mining enterprises each with the status of an independent legal entity。

The coal mining administrations and other coal mining and trading enterprises with the status of independent legal entities shall, according to law, make their own decisions regarding their operations, be responsible for their own losses and profits and be capable of expanding or contracting themselves。

Chapter II Plans For Coal Production And Development And Construction Of Coal Mines

Article 14 The department in charge of the coal industry under the State Council shall, according to the national plan for exploring the mineral resources, work out the national plan for exploring the coal resources。

Article 15 The department in charge of the coal industry under the State Council shall, according to the coal resources designated in the national plan of the mineral resources arrange for the drawing up and execution of a plan for coal production and development。

The departments in charge of the coal industry under the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall, according to the coal resources designated in the national plan of the mineral resources arrange for the drawing up and execution of plans for local coal production and development and submit the plans to the department in charge of the coal industry under the State Council for the record。

Article 16 Plans for coal production and development shall be worked out in light of the needs of the national economic and social development and shall be incorporated into the plan for national economic and social development。

Article 17 The State shall formulate preferential policies to support the development of the coal industry and promote the construction of coal mines。

Coal mine construction projects shall conform with the plans for coal production and development and the policies for the coal industry。

Article 18 To establish a coal mining enterprise, the following requirements shall be met：

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

(2) having a planned mining area, the limits of mining and a plan for comprehensive utilization of the resources；

(3) having geological, survey and hydrogeological data and other information needed for mining；

(4) having a mining design which meets the requirements of safety in coal mine production and of environmental protection；

(5) having a ratinal scale of coal mine production and the funds, equipment and technicians commensurate with such scale；

(6) other requirements prescribed by laws and administrative rules and regulations。

Article 19 For establishing a coal mining enterprise, an application must be submitted to the department in charge of the coal industry according to law；the application shall be examined for approval in light of the requirements provided for in this Law and by the administrative department at the corresponding level with the authorization of the State Council。

Before examining and approving the application for establishing a coal mining enterprise, it is necessary for the department in charge of geology and mineral resources to verify the proposed limits of mining and the plan for comprehensive utilization of the resources and write down its comments with signature。

The coal mining enterprise that has obtained approval for establishment shall, by virtue of the document of approval, be issued the mining license by the department in charge of geology and mineral resources。

Article 20 To use land for construction of a coal mine, the coal mining enterprise shall go through the formalities in accordance with the relevant laws and administrative rules and regulations。Where it is necessary to expropriate land, the enterprise shall, according to law, pay compensation for the land and for the evacuees and help the evacuees to settle down。

In construction of coal mines the principle of protecting the cultivated land and utilizing the land rationally shall be adhered to。

Local people's governments shall give support and assistance to the enterprise that uses land and has to have the residents move to another place in accordance with law for the construction of coal mine。

Article 21 In coal mines, coal exploitation and environmental control shall be sychronized。The facilities for environmental protection of a coal mine construction project must be designed, constructed, checked and accepted, and put into use simultaneously with the main project。

Chapter III Production Of Coal And Safety Of Coal Mines

Article 22 Before a coal mine is put into production, a coal mining enterprise shall, in accordance with the relevant laws and administrative regulations on safety in production, obtain a safety in production license。Anyone who has not obtained the safety in coal production license shall be forbidden to engage in coal production。

Article 23 The State shall ensure protective mining for the special or rare types of coal which are of important value to the national economy。

Article 24 In the exploitation of coal resources, coal mining regulations must be complied with, the rational mining sequence followed and the rate of extraction set for exploiting coal resources achieved。

The rate of extraction for coal resources shall be determined by the department in charge of the coal industry under the State Council in light of the different resources and mining conditions。

The State shall encourage coal mining enterprises to carry out second mining or extract residual coal at the margins of mining areas and very thin coal seams。

Article 25 Coal mining enterprises shall exercise strict supervision, inspection and control of coal product quality。Such quality shall be graded according to the national or trade standards。

Article 26 Coal production shall be carried out within the approved limits of mining areas according to law. Mining beyond the approved limits of mining areas or seams shall be forbidden。

No safety pillars shall be mined without authorization and no dangerous methods, such as water bursting, blasting and breaking through roadways, which may threaten the production safety of adjacent coal mines shall be adopted。

Article 27 Coal mining enterprises shall be responsible for reclaiming the land, which is covered by coal or which subsides or is destroyed due to mining, to the state that it can be utilized；any losses caused to another person shall be compensated according to law。

Article 28 Coal mines shall be closed or abandoned in accordance with the relevant laws and regulations as well as the rules of the department in charge of the coal industry under the State Council。

Article 29 The State shall establish the system of accumulating funds by coal mining enterprises for changing the line of production during the declining period of coal mines。

The State shall encourage and support coal mining enterprises to develop a diversified economy。

Article 30 The State shall encourage and support coal mining enterprises and other enterprises to produce both coal and electricity, coking coal, coal chemicals and building materials made of coal and engage in deep and fine processing of coal。

The State shall encourage coal mining enterprises to develop coal washing and processing as well as comprehensive exploitation and utilization of coalbed methane, gangue, coal slime, stone coal and peat。

Article 31 The State shall develop and disseminate clean coal technology。

The State shall adopt measures to ban coke making by indigenous methods。The construction of kilns for making coke with indigenous methods shall be forbidden；existing kilns for making coke with indigenous methods shall be renovated within a time limit。

Article 32 The people's governments at or above the county level and the departments in charge of the coal industry under such governments and other departments concerned shall exercise strict supervision and control over coal mine safety in production。

Article 33 To ensure safety in production, the system under which the directors of coal mine administrations and the managers of coal mines assume full responsibility shall be instituted in coal mining enterprises。

Article 34 Directors of coal mine administrations, managers of coal mines and other chief leading members of coal mining enterprises must abide by the laws and regulations governing safety of mines and the safety rules and regulations for the coal industry, tighten their control over coal mines safety in production, implement the responsibility system for safety in production and adopt effective measures to prevent the occurrence of injury, death and other accidents in production。

Article 35 Coal mining enterprises shall conduct education and training in safety in production among their employees；no one who has not received education and training in safety shall be permitted to work in a coal mine。

Employees of coal mining enterprises must abide by the laws and regulations governing safety in production, rules and regulations for the coal industry and rules of coal mining enterprises。

Article 36 When an irresistible emergency occurs which may endanger the lives and safety of the miners who are working underground in coal mines, the person in charge on the spot or other persons in charge of safety shall immediately help the miners to leave the dangerous site and report the matter to the leading members concerned without delay。

Article 37 When members of the trade unions of coal mining enterprises find that administrators of the enterprises give directions against regulations and order miners to work at risks or when they scent hidden danger of obviously serious accident which may threaten the lives and safety of workers, they shall have the right to make proposals for tackling the problem, and the administrative body of the coal mining enterprise must make prompt decision to deal with it。If the said body refuses to deal with it, the trade union shall have the right to criticism, accusation and complaint。

Article 38 Coal mining enterprises must provide the workers with the necessary articles to guarantee safety in production。

Article 39 Coal mining enterprises must, according to law, pay work injury insurance premium for employees。Coal mining enterprises are encouraged to provide accidental injury insurance for miners working underground and pay premiums。

Article 40 All equipment, facilities, explosives and safety instruments used by coal mining enterprises must meet the national or trade standards。

Chapter IV Marketing Of Coal

Article 41 In the marketing of coal, coal trading enterprises shall abide by the relevant laws and regulations, improve services and ensure supply。Any illegal marketing activities shall be forbidden。

Article 42 For the marketing of coal, the intermediate links shall be reduced and unreasonable intermediate links shall be removed, and, where conditions permit, direct sale by coal mining enterprises shall be encouraged。

Customers and coal trading enterprises in coal marketing areas shall have the right to buy coal directly from coal mining enterprises。In coal production areas, coal marketing and transport service agencies may be set up to provide marketing and transport services for medium-sized and small coal mines。

Administrative departments shall be forbidden to set up intermediate agencies for coal supply and charge extra fees in violation of State regulations and without authorization。

Article 43 Railway station and port authorities engaged in coal transportation and other transport enterprises may not take advantage of the transportation capacity in their hands to take part in coal marketing business and seek improper interests。

Article 44 The price administration department under the State Council, together with the department in charge of the coal industry under the State Council and other relevant departments, shall exercise supervision and control over the price of coal。

Article 45 The quality of coal supplied to customers by coal mining and coal trading enterprises shall meet the national or trade standards。The quality of a specific type of coal shall match its grade and price. Where customers have special requirements for coal quality, they shall have to reach an agreement with the seller in a purchase and sale contract。

Coal mining enterprises and coal trading enterprises may not adulterate coal and sell inferior coal as quality coal。

Article 46 If the quality of coal supplied by coal mining enterprises and coal trading enterprises to customers does not meet the national or trade standards or the requirements agreed upon in a contract, or the quality does not match the grade or the price, thus causing losses to customers, compensation shall be made according to law。

Article 47 Coal mining enterprises, coal trading enterprises, transport enterprises and customers shall supply, transport, and accept and unload coal according to law, the relevant regulations of the State Council or the agreement in contracts。

Transport enterprises shall put coal of different quality to be transported into different packages or stock piles。

Article 48 Unified control shall be maintained over the import and export of coal in accordance with the relevant regulations of the State Council。

After the department in charge of foreign economic relations and trade under the State Council gives its approval, large coal mining enterprises that meet the necessary conditions shall have the right to export coal。

Article 49 Measures for control of coal marketing shall be formulated by the State Council in accordance with this Law。

Chapter V Protection Of Coal Mining Areas

Article 50 No units or individuals may damage the installations of electric power and communications, the sources of water, the means of transportation and other production facilities in coal mine areas。

All units and individuals shall be forbidden to disrupt the order of production and other work in coal mine areas。

Article 51 Any units and individuals shall have the right to inform against or accuse persons who steal or damage the facilities and equipment in coal mine areas or commit other acts that threaten the security in coal mine areas。

Article 52 Without consent of coal mining enterprises, no units or individuals may grow plants or crops or breed animals, take soil or put up buildings or other structures on the land during the validity period for use of the land legally obtained by coal mining enterprises。

Article 53 Without consent of coal mining enterprises, no units or individuals may occupy the railways, roads, navigation channels, wharves, power lines and water supply pipes specially used by coal mining enterprises。

Article 54 Any units or individuals that wish to conduct operations within coal mining areas that may threaten safety of the coal mines must first obtain consent of the coal mining enterprises, report to the department in charge of the coal industry for approval and take safety measures。

If public utilities or other projects need to be constructed in a coal mine area, the unit concerned shall consult the coal mining enterprise and reach an agreement before it may start construction。

Chapter VI Supervision and Inspection

Article 55 The departments in charge of the coal industry and other relevant departments shall, in accordance with law, exercise supervision over and inspection of the implementation of the laws and regulations governing the coal industry by coal mining enterprises and coal trading enterprises。

Article 56 Supervisors and inspectors of the departments in charge of the coal industry and other relevant departments shall have adequate knowledge of the laws and regulations governing the coal industry, be proficient in the relevant technology, be fair and honest and enforce the law impartially。

Article 57 During supervision and inspection, the supervisors and inspectors of the departments in charge of the coal industry and other relevant departments shall have the right to inquire of coal mining enterprises, coal trading enterprises or the customers how they implement the laws and regulations governing the coal industry and look up relevant material and they shall have the right to enter a place for inspection。

The coal mining enterprises, coal trading enterprises and customers shall provide convenience to the supervisors and inspectors of the departments in charge of the coal industry and other relevant departments who are carrying out supervision and inspection according to law。

Article 58 The supervisors and inspectors of the departments in charge of the coal industry and other relevant departments shall have the right to ask the coal mining enterprises or coal trading enterprises that violate the laws and regulations governing the coal industry to make rectification according to law。

The supervisors and inspectors of the departments in charge of the coal industry and other relevant departments shall show their papers before they carry out supervision and inspection。

Chapter VII Legal Responsibility

Article 59 If an enterprise, in violation of the provisions of Article 24 of this Law, fails to achieve the rate of extraction set by the department in charge of the coal industry under the State Council for exploiting coal resources, the said department shall order it to make rectification within a time limit；if it still cannot reach the rate upon expiration of the time limit, the producer shall be ordered to stop production。

Article 60 If an enterprise, in violation of the provisions of Article 26 of this Law and without authorization, mines safety pillars or adopts dangerous mining methods which threaten production safety of an adjacent coal mine, the labor administration department, together with the department in charge of the coal industry, shall order it to stop mining；the department in charge of the coal industry shall confiscate its unlawful proceeds, impose on it a fine of not less than one time and not more than five times the unlawful proceeds；if a crime is constituted, the judicial organ shall investigate the criminal responsibility in accordance with law；if losses are caused, it shall bear the liability for compensation in accordance with law。

Article 61 If an enterprise, in violation of the provisions of Article 53 of this Law, adulterates coal and sells inferior coal as quality coal, it shall be ordered to stop selling coal, its unlawful proceeds shall be confiscated and it shall be imposed with a fine of not less than one time and not more than five times its unlawful proceeds；if a crime is constituted, the judicial organ shall investigate the criminal responsibility in accordance with law。

Article 62 If any units or individuals, in violation of the provisions of Article 52 of this Law and without consent of the coal mining enterprise concerned, put up buildings or other structures on the land during the validity period for use of the land legally obtained by the coal mining enterprise, the local people's government shall persuade them to pull down the buildings or other structures；if they refuse to do so, they shall be ordered to pull them down。

Article 63 If any units or individuals, in violation of the provisions of Article 53 of this Law and without consent of the coal mining enterprise concerned, occupy the railways, roads, navigation channels, wharves, power lines or water supply pipes specially used by the enterprise, the local people's government at or above the county level shall order them to make rectification within a time limit；if upon expiration of the time limit, they fail to do so, compulsory measures shall be taken, and they may also be fined not more than 50,000 yuan；if losses are caused, it shall bear the liability for compensation in accordance with law。

Article 64 If any units or individuals, in violation of the provisions of Article 54 of this Law and without obtaining approval or taking any safety measures, conduct operations within coal mining areas that threaten safety of the coal mines, the department in charge of the coal industry shall order them to stop such operation and may also impose on them a fine of not more than 50,000 yuan；if losses are caused, it shall bear the liability for compensation in accordance with law。

Article 65 If a person commits one of the following acts, the public security organ shall punish him in accordance with the relevant provisions in the Law on Penalties for Administration of Public Security；if a crime is constituted, the judicial organ shall investigate the criminal responsibility in accordance with law：

(1) to obstruct coal mine construction, so that normal construction cannot be carried on; ；

(2) to intentionally damage the installations of electric power and communications, the sources of water, the means of transportation and other production facilities in coal mining areas；

(3) to disrupt the order of coal mining areas, so that coal production and other work cannot be carried on normally; or ；

(4) to prevent or obstruct supervisors and inspectors from performing their duties。

Article 66 Where administrators of a coal mining enterprise give directions against regulations and order miners to work at risk, thus causing serious casualty, they shall be investigated for criminal responsibility according to the relevant provisions of the Criminal Law。

Article 67 Where administrators of a coal mining enterprise take no measures against hidden danger of accident in the mine, thus resulting in serious casualty, they shall be investigated for criminal responsibility by applying mutatis mutandis the relevant provisions of the Criminal Law。

Article 68 Where members of the departments in charge of the coal industry and other relevant departments neglect their duties, engage in malpractices for selfish ends and abuse their power, they shall be given administrative sanctions；if a crime is constituted, the judicial organ shall investigate the criminal responsibility in accordance with law。

Chapter VIII Supplementary Provisions

Article 69 This Law shall go into effect as of December 1, 1996。