Land, buildings & compensation
How to Register the Transfer of a Mining Right — Documents for Sale and Inheritance of Exploration and Extraction Rights
A mining right (exploration right or extraction right) is a real right under Article 10 of the Mining Industry Act, and a transfer by sale or gift takes effect only when registered in the mining register under Articles 38 and 39 of the same Act. Registration in the mining register replaces registration in the real estate register, and the registration work is handled by the head of the Mining Registration Office under the Ministry of Trade and Industry. For a sale, the seller (registration obligor) and buyer (registration right holder) apply together with a deed of sale; for inheritance, the heir may apply alone; the processing period on the form is 2 days. Because a mining right holder's rights and obligations transfer together with the mining right, the buyer also takes over the status of obligations such as the deadline for applying for mining plan approval.
Procedure
1. Check the rights in the mining register
Obtain a certified copy of the mining register from the Mining Registration Office and check the mineral type, mining area location, registration number, type of mining right, duration, mortgage or disposal restriction entries and whether there are co-holders. The duration may not exceed 7 years for an exploration right and 20 years for an extraction right, so also check the remaining period and any extension. If the mining right holder's name or address in the register differs from the current ID card, register the change of the registered holder's details before the transfer registration.
2. Check transferability and the obligations to be taken over
An exploration right may be the object of rights only for inheritance, transfer, disposition for tax arrears or compulsory execution, and an extraction right additionally for the creation of a lease mining right or mortgage. A co-holder's share may be transferred only with the consent of the other co-holders, and a foreigner may hold a mining right only where reciprocity or a treaty allows it. Missing the deadlines for the exploration plan report (1 year from registration), submission of exploration results or the application for mining plan approval (3 years from registration of the extraction right) is a ground for cancellation, so check their status.
3. Prepare the deed of sale and the transfer registration application
For a sale, prepare the deed of sale in the prescribed form, and for a gift, the deed of gift; on the transfer registration application for sale, gift or bequest, enter the mineral name, mining area location, registration number, and the cause of registration and its date. As a rule, the registration obligor (seller) and the registration right holder (buyer) sign and apply together, and an agent may apply on their behalf. If the mining right description or the applicant details on the application differ from the mining register by even one character, the application is not accepted.
4. Prepare identity documents and the registration license tax
Attach one of the following: a copy of the registration obligor's ID card signed by hand, a certificate of seal impression, or a certificate of personal signature. Also submit the payment notice and payment confirmation showing that the registration license tax and local education tax were paid in the name of the registered holder; without payment, the application is rejected. For a bequest, add a notarial deed or a certified copy of the court's probate record and the testator's basic certificate and family relations certificate.
5. Submit to the Mining Registration Office and receive notice of registration
When the application and attachments are submitted to the Mining Registration Office, it checks them against the mining register and the required documents, makes the entry in the register and sends a registration notice. The processing period on the form is 2 days. For transfer by inheritance, the heir applies alone using the transfer registration application for inheritance with the basic certificate and family relations certificate attached, and if only some of the heirs of the same rank inherit, the consent of the other heirs or proof of renunciation of inheritance is added.
Required documents
- Application for transfer registration of exploration or extraction right due to sale, gift or bequest (Enforcement Rule of the Mining Registration Decree, Annex Form No. 7)
- Application for transfer registration due to inheritance (same Rule, Annex Form No. 5, for inheritance)
- Deed of sale of exploration or extraction right (same Rule, Annex Form No. 8) or deed of gift (Annex Form No. 9)
- 1 identity document of the registration obligor: copy of ID card signed by hand, certificate of seal impression, or certificate of personal signature
- Payment notice and payment confirmation for the registration license tax and local education tax
- Inheritance: basic certificate and family relations certificate (removed family register if needed), and consent of the other heirs of the same rank or proof of renunciation of inheritance
- Bequest: notarial deed or certified copy of the court's probate record, and the testator's basic certificate and family relations certificate
- Transfer of a co-holder's share: consent of the other co-holders
- Letter of authorization (when an agent applies)
Fees
Typically from tens of thousands to several hundred thousand won in the industry · We will advise after consultation depending on whether it is a sale, inheritance or bequest, the number of mining areas, whether there are co-holders, and whether a change of registered details is needed first. Government costs such as the registration license tax are separate.
Legal basis and review date
- Mining Industry Act, Article 6
- Mining Industry Act, Article 10
- Mining Industry Act, Article 10-2
- Mining Industry Act, Article 11
- Mining Industry Act, Article 12
- Mining Industry Act, Article 30
- Mining Industry Act, Article 35
- Mining Industry Act, Article 38
- Mining Industry Act, Article 39
- Mining Industry Act, Article 40
- Mining Industry Act, Article 41
- Mining Industry Act, Article 42
- Mining Industry Act, Article 52
- Mining Registration Decree, Article 1-2
- Mining Registration Decree, Article 14
- Mining Registration Decree, Article 15
- Mining Registration Decree, Article 20
- Mining Registration Decree, Article 21
- Mining Registration Decree, Article 24
- Mining Registration Decree, Article 27
- Enforcement Rule of the Mining Registration Decree, Article 6
- Enforcement Rule of the Mining Registration Decree, Annex Form No. 5
- Enforcement Rule of the Mining Registration Decree, Annex Form No. 7
- Enforcement Rule of the Mining Registration Decree, Annex Form No. 8
- Enforcement Rule of the Mining Registration Decree, Annex Form No. 9
Check these first
- If the address on the ID card differs from the address in the mining register, or the signature on the application differs from the ID card or seal, the application is rejected, so if the address has changed, register the change of details first.
- Because a mining right holder's rights and obligations transfer with the mining right, check before signing the contract how much time remains before the deadline for applying for mining plan approval or submitting exploration results.
Frequently asked questions
Is approval from the Ministry of Trade and Industry required to transfer a mining right?
What happens if only a sale contract is signed and the transfer is not registered?
Does an inherited mining right also need transfer registration?
Can a foreigner or foreign corporation acquire a mining right?
Does an administrative agent handle mining right transfer registration?
Contact us
Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.
📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com
This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.
