Transfer Registration of Mining Rights (Exploration and Mining Rights)

Procedure

Procedure

1. 01

   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, location of the mining area, registration number, whether it is an exploration or mining right, the duration, any mortgage or disposal restriction, and whether there are co-holders. If the holder's name or address in the register differs from the current ID, first apply to register a change in the holder's details.

2. 02

   Check transferability and the obligations being taken over: An exploration right may only be the object of inheritance, transfer, disposition for tax arrears or compulsory execution, and a mining right additionally of a sub-mining right or mortgage. A co-holder's share can be transferred only with the consent of the other co-holders, and a foreign national may hold a mining right only in the cases set out in Article 10-2 of the Mining Industry Act. Because rights and obligations move together with the mining right, check how much time remains for filing the exploration plan (1 year from registration of the exploration right) or applying for approval of the mining plan (3 years from registration of the mining right).

3. 03

   Prepare the deed of sale and the transfer registration application: Prepare a deed of sale for a sale or a deed of gift for a gift using the prescribed forms, and enter the mineral name, location of the mining area, registration number, cause of registration and its date in the transfer registration application. The person obligated to register and the person entitled to register both sign or seal it, and all co-holders sign jointly in a joint mining right. If the description of the right or the applicant differs from the mining register by even one character, the application is not accepted.

4. 04

   Organize identity documents and tax payment receipts: Attach one of the following from the person obligated to register: a copy of an ID card bearing a handwritten signature, a certificate of seal impression, or a confirmation of signature; for a sale, the form's notes require a seal certificate for real estate sale listing all buyers. Also submit the payment notice and payment certificate for the registration and license tax and local education tax paid in the name of the registered holder.

5. 05

   Submission to the Mining Registration Office and handling of supplements: When the application and attachments are filed with the Mining Registration Office, the registration team checks them against the mining register, records the transfer and notifies the result; the processing period stated on the form is 2 days. For inheritance, the heir applies alone using the inheritance transfer registration application with the basic certificate and family relation certificate, and if only some heirs of the same rank inherit, the consent of the other heirs or proof of renunciation is added.

Filing route

Filing route

Deadlines & processing notes

Deadlines & processing notes

Basic documents

Basic documents

If only the sale contract is signed and the transfer registration is delayed, the seller remains the holder in the mining register so the buyer cannot carry out procedures such as applying for approval of the mining plan, and if a filing or approval deadline taken over in the meantime passes, it becomes a ground for cancellation of the mining right under Article 35 of the Mining Industry Act.