Legal basis: Article 3 of the Mineral Resources Law of People's Republic of China (PRC) belongs to the state, and the State Council exercises state ownership of mineral resources. The state ownership of surface or underground mineral resources will not change because of the different ownership or use right of the land to which it is attached.
The state guarantees the rational development and utilization of mineral resources. It is forbidden for any organization or individual to occupy or destroy mineral resources by any means. People's governments at all levels must strengthen the protection of mineral resources.
Exploration and exploitation of mineral resources must be separately applied for, approved and registered according to law; However, mining enterprises applying for mining rights according to law are excluded from the exploration for their own production within the designated mining area. The state protects the exploration and mining rights from infringement, and ensures that the production order and work order in mining areas and exploration areas are not affected or destroyed.
Engaged in the exploration and exploitation of mineral resources, must meet the prescribed qualifications.