New decree streamlines mining formalization with prior desk review

The Executive Branch has ordered that the General Directorate of Mining Formalization verify in-office, prior to issuing the authorization for the start or restart of activities, whether the informal miner meets the requirements of the comprehensive mining formalization process. The measure was formalized through Supreme Decree No. 025-2026-EM, published on Monday, November 2, 2026, in the Legal Norms section of the official newspaper El Peruano (pp. 12-13, official reference 2570415-1), endorsed by the Minister of Energy and Mines, Guillermo Shinno Huamaní.

The purpose of the provision is to modify Article 32 of Supreme Decree No. 018-2017-EM, which establishes complementary provisions for the simplification of requirements and the obtaining of economic incentives within the framework of that process, and which applies to informal miners who are part of the Integral Registry of Mining Formalization (REINFO). The regulation is based on Legislative Decree No. 1293, which declared the formalization of small-scale and artisanal mining to be of national interest, and Legislative Decree No. 1336, which set provisions for that process.

The regulatory basis invoked by the Executive includes:

• Legislative Decree No. 1293, which created the comprehensive mining formalization process.
• Legislative Decree No. 1336, which establishes provisions for said process.
• Law No. 32213, which establishes the leadership of MINEM and extends the deadline of the process.
• The Regulations of Law No. 32213, approved by Supreme Decree No. 009-2025-EM.

In-office verification prior to authorization

The new text of Article 32, titled “Prior Verification,” establishes that, before the issuance of the authorization for the start or restart of mineral exploitation and/or processing activities, as well as the processing concession title within the framework of the process, the General Directorate of Mining Formalization shall verify in-office that the informal miner’s activity is carried out in accordance with the provisions of Article 31 of Supreme Decree No. 018-2017-EM.

Until now, this requirement control translated into a more extensive review of the file; the provision aims to concentrate it into a documentary verification prior to authorization.

Nullity of authorizations issued without control

The regulation adds that, if the issuance of an authorization is detected without complying with this verification, the competent authority must declare its nullity in accordance with Law No. 27444, the Law of General Administrative Procedure. Thus, the prior control is backed by an express annulment consequence.

Fewer times and costs, according to the statement of motives

The recitals indicate that the measure seeks to simplify the authorization issuance procedure, optimize its efficiency, and reduce evaluation times and associated costs, “without compromising the technical rigor of the evaluations.” The project was previously published via Ministerial Resolution No. 311-2025-MINEM/DM, to receive comments from the public on the digital portal of the Ministry of Energy and Mines.

The text adds that, on March 3, 2026, the Multisectoral Commission for Regulatory Quality, created by Supreme Decree No. 023-2025-PCM, declared the Ex Ante Regulatory Impact Analysis for this regulation inadmissible; therefore, MINEM is not required to present that file.

Publication and endorsement

The decree mandates its publication on the Single Digital Platform of the Peruvian State (www.gob.pe) and on the MINEM digital portal (www.gob.pe/minem), on the same day as its appearance in El Peruano. It was signed at the Government House, in Lima, on October 30, 2026, by Luis Fernando Galarreta Velarde, first vice president of the Republic in charge of the Office of the Presidency, and by Minister Guillermo Shinno Huamaní.

Prior verification in the cabinet makes the requirements check a mandatory step before any exploitation or benefit authorization, such that miners in the process of formalization face a shorter procedure, while authorizations issued without that filter are subject to ex officio nullity.

Source: El Peruano, November 2, 2026, Legal Norms section, pp. 12-13 (official reference: 2570415-1).