国有大型油气企业矿权流转机制及建议

2017年,我国出台了《关于深化石油天然气体制改革若干意见》,随后有关部门又相继出台了一系列油气体制改革新政,其中加强油气矿权流转就是落实上述改革的重要内容之一。在油气体制改革的背景下,研究国有大型油气企业矿权流转机制,分析流转过程中出现的问题进而提出解决路径,既有必要性更有紧迫性。为此,结合其他国家矿权管理和国际石油公司矿权流转的主要做法,基于我国油气矿权流转政策、竞争性出让和流转实践,提出了国有大型油气企业矿权流转的基本思路、机制及措施建议。结论认为:①应遵循分级、分类、分阶段的指导思想,总体上坚持市场化的原则,按照"四类别、三方式、两阶段"的思路进行矿权流转框架设计;②成立矿权管理领导小组,建立专业化风险勘探公司,完善矿权流转决策机制,健全矿权流转管理办法;③应持续加强Ⅰ类和Ⅱ类区块的矿权保护和内部流转,近期加强重点保障区块专项投入、创新勘探与未动用储量项目管理体制机制、创新甲乙方合作运行机制等,远期探索积极有效的矿权管理制度、建立矿权保护和流转的长效联动机制、培育竞争有序的内部矿权市场;④稳健开展Ⅲ类区块的合资合作,如适当增加合作勘探开发矿权比重,重点关注海上及深水项目合作勘探开发等;⑤逐步探索Ⅳ类区块的外部竞争性流转,近期结合国家资质审批进展逐步扩大流转范围,远期实现市场化竞争性流转。

Assignment mechanism of mineral rights among giant state-owned oil and gas enterprises: Review and proposals

China issued in 2017 Some Opinions on Deepening Reform of Petroleum and Natural Gas System. Subsequently, relevant ministries successively issued a series of new policies on oil and gas related reform, one of which is that the marketization process of oil and gas exploration and development is encouraged to be accelerated. Under the background of oil and gas system reform, it is of great practical significance to study the assignment mechanism among those state-owned giant oil and gas enterprises. Therefore, combined with the main practices of mineral rights management in other countries and the assignment of mineral rights of international oil companies, based on China's oil and gas mineral rights assignment policy, competitive assignment and assignment practices, the basic ideas and mechanisms for the assignment of mineral rights of giant state-owned oil and gas enterprises were proposed as follows. (1) Follow the guiding ideology of hierarchical classification and phasing, and generally adhere to the principles of marketization and of "four categories, three methods & two stages" in the design of the framework of mineral right assignment. (2) Set up a mineral rights management leading group as well as specialized risk exploration companies, improve the decision-making mechanism for the assignment of mineral rights, and complete the management of the assignment of mineral rights. (3) Continue to strengthen the protection and internal assignment of mineral rights in Classes I and II blocks. In the short term, it is necessary to strengthen special investment in key guarantee blocks, continue to promote internal assignment, and innovate exploration and unused reserves project management system and mechanism, innovate the cooperation mechanism of Party A and Party B. In the long term, it is necessary to explore effective mineral rights management system, establish a linkage mechanism for mineral rights protection and assignment, and foster a competitive and competitive internal mineral rights market. (4) Appropriately increase the proportion of cooperative exploration and development of mineral rights joint venture and cooperation of Class III blocks, and focus on offshore and deep-water cooperative exploration and development projects. (5) Gradually explore the external competitive assignment of Class IV blocks, expand the scope of assignment in light of the progress of national qualification approval in the short run, and realize market-oriented competitive assignment in the long run.