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| Category | GEOLOGY, MINERAL RESOURCES AND ENERGY INDUSTRY | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1997-07-03 | Effective Date | 1997-07-03 |
|
Decision of the State Council on Revising the Provisions on the Administration of Collection of the Mineral Resources Compensation |
|---|
The State Council has decided to amend the first paragraph of Article 10
of the Provisions on the Administration of Collection of the Mineral Resources
Compensation as follows: "The mineral resources compensation collected shall
be timely and fully turned over to the respective treasuries according to the
distribution ratio between the Central Government and the provinces,
autonomous regions or municipalities directly under the central government set
forth in the following paragraph, and shall not be settled again at the end of
the year."
This Decision shall come into effect on the date of promulgation.
Appendix: The former provisions of the first paragraph of Article 10 of
the Provisions on the Administration of Collection of the Mineral Resources
Compensation before amended
"The mineral resources compensation collected shall be timely and fully Article 1 These Provisions are formulated, in accordance with the Article 2 The mineral resources compensation shall be paid, in Article 3 The mineral resources compensation shall be computed and For any concessioners holding the mining licenses that process mineral For concessioners that sell mineral products out of the territory, their The term "mineral products" mentioned in these Provisions shall refer to Article 4 The mineral resources compensation shall be paid by The mineral resources compensation shall be settled in the currency used Article 5 The mineral resources compensation shall be calculated in amount of the mineral resources compensation to be collected = sales Where, coefficient of mining recovery rate = approved mining recovery rate ________________________________ actual mining recovery rate The approved mining recovery rate shall be the rate prescribed in the For those minerals whose mineral resources compensation cannot be Article 6 The mineral resources compensation shall be collected at the Any adjustment to the rates of the mineral resources compensation shall Article 7 The mineral resources compensation shall be collected by the Where a mining district is within a county-level administrative region, Where a mining district extends across more than one administrative Where a mining district extends across more than one provincial Article 8 Concessioners shall pay the mineral resources compensation for Concessioners shall, when their mining activities are suspended or Article 9 Concessioners shall, at the time of paying their mineral Article 10 The mineral resources compensation collected shall be timely The distribution ratio of the mineral resources compensation between the Article 11 The mineral resources compensation shall be included in the The department of finance under the State Council, the competent The people's government of a province, autonomous region or municipality Article 12 Concessioners may be exempted from the mineral resources (1) where mineral products are recovered from barren rock (waste rock); (2) where non-security left-over ore bodies of closed mines are mined (3) other circumstances where the exemption from the mineral resources Article 13 The mineral resources compensation may be reduced, upon joint (1) where the mineral products are recovered from tailings; (2) where the low grade mineral resources that are below the industrial (3) where the mineral resources under waters, buildings, or vital (4) where policy losses are incurred as a result of carrying out the (5) other circumstances where the reduction of the mineral resources Approval from the provincial people's government shall be required if the Any reduction approval of the mineral resources compensation shall be Article 14 In case any concessioner fails to pay the mineral resources In case any concessioner fails to pay the mineral resources compensation Article 15 In case any concessioners do not pay or underpay the mineral Article 16 In case any concessioner fails to submit the relevant data Article 17 The penalties imposed on and overdue fines paid by Article 18 If a party concerned is not satisfied with the decision on In the event of the party concerned failing both to apply for Article 19 Where the contents of any local regulations, rules or Article 20 The people's governments of provinces, autonomous regions and Article 21 The Ministry of Geology and Mineral Resources shall be Article 22 These Provisions shall enter into force on April 1, 1994.
measures for
collection
administration
will be
formulated
elsewhere by
the State Council
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turned over to the Central Treasury on the spot, and be separately settled at
the end of the year according to the distribution ratio between the Central
Government and the provinces, autonomous regions or municipalities directly
under the central government set forth in the following paragraph."
APPENDIX: PROVISIONS ON THE ADMINISTRATION OF COLLECTION OF THE MINERAL
RESOURCES COMPENSATION (1997 revision) (Promulgated by Decree No. 150 of the
State Council of the People's Republic of China on February 27, 1994, and
revised on July 3, 1997)
relevant stipulations of the Mineral Resources Law of the People's Republic
of China, in order to ensure and promote the exploration, protection and
rational development of mineral resources, and to safeguard the property
rights to and interests of the state to mineral resources.
accordance with these Provisions, for mining mineral resources within the
territory of the People's Republic of China and the sea areas under the
jurisdiction. Where laws or other administrative regulations provide
otherwise, their stipulations shall apply.
collected at a certain ratio of the sales income of mineral products. The
mineral resources compensation paid by the enterprises shall be included in
the administration fees.
products by themselves, their sales income shall be calculated according to
state prices; where the state does not fix the prices, their sales income
shall be calculated according to the average prices of the mineral products
on the local markets at the time of collection.
sales income shall be calculated according to the prevailing sales prices on
the international markets.
those products extracted or mined and separated from mineral resources which,
having been mined or separated, are no longer in their natural state.
concessioners.
in the sales of mineral products; where the mineral products are processed by
concessioners themselves, the settlement shall be made in the currency used
in sales of the end products.
accordance with the following formulas:
income of mineral products x compensation rate x coefficient of mining
recovery rate
mine design that has been approved in accordance with the relevant provisions
of the state. With regard to those mining enterprises that, according to the
relevant provisions of the state, are not required to prepare the mine design
in addition to the mining plan, the mining recovery rate shall be determined
by the administrative departments in charge of geology and mineral resources
under the local people's governments at or above the county level together
with other relevant departments at the same level.
calculated in the formulas provided for in paragraphs 1 and 2 hereof, the
competent department in charge of geology and mineral resources under the
State Council shall make other calculation formulas together with the
department of finance under the State Council separately.
rates prescribed in the appendix of these Provisions.
be jointly determined by the department of finance under the State Council,
the competent department in charge of geology and mineral resources under the
State Council and the competent department in charge of planning under the
State Council, and submitted to the State Council for approval and
implementation.
competent departments in charge of geology and mineral resources together
with the departments of finance.
the administrative department in charge of geology and mineral resources
under the people's government at the county level of the place where the
mining district is located shall be responsible for collecting the mineral
resources compensation.
region at or above the county level, the administrative department in charge
of geology and mineral resources under the people's government at the next
higher level of all the administrative regions involved shall be responsible
for collecting the mineral resources compensation.
administrative region, or is within the territorial seas of the People's
Republic of China or other sea areas under its jurisdiction, the competent
department in charge of geology and mineral resources under the provincial
people's governments authorized by the competent department in charge of
geology and mineral resources under the State Council shall be responsible
for collecting the mineral resources compensation.
the first half of each year on or before July 31 of the year, and pay the
mineral resources compensation for the second half of the year on or before
January 31 of the following year.
terminated, settle and pay their mineral resources compensation.
resources compensation, submit at the same time the data as to the mineral,
the output, the sales volume, the sales price, the actual mining recovery
rate and others of their mineral products mined.
and fully turned over to the respective treasures according to the
distribution ratio between the Central Government and the provinces,
autonomous regions or municipalities directly under the central government set
forth in the following paragraph, and shall not be settled again at the end of
the year.
central government and the provinces or municipalities directly under the
central government shall be 5:5; and that between the central government and
autonomous regions shall be 4:6.
state budget, conducted the specific management and mainly used for mineral
resources exploration.
department in charge of geology and mineral resources under the State Council
and the competent department in charge of planning under the State Council
shall be jointly responsible for formulating the specific measures for the
use and management of the mineral resources compensation received by the
central government.
directly under the central government shall be responsible for formulating
the specific measures for the use and management of the mineral resources
compensation received by the localities.
compensation, upon joint approval of the competent department in charge of
geology and mineral resources under the provincial government and the
department of finance at the same level, under any one of the following
circumstances:
upon approval pursuant to the relevant provisions of the state; and
compensation are determined by the competent department in charge of geology
and mineral resources under the State Council together with the department of
finance under the State Council.
approval of the competent department in charge of geology and mineral
resources under the provincial people's government and the department of
finance at the same level, for concessioners under the following
circumstances:
grade or whose reserves have not been calculated are mined;
communication lines are mined in accordance with the law;
state fixed prices; and
compensation are determined by the competent department in charge of geology
and mineral resources under the State Council together with the department of
finance under the State Council.
mineral resources compensation to be reduced for a concessioner exceeds 50%
of the amount of the mineral resources compensation payable.
reported to both the competent department in charge of geology and mineral
resources under the State Council and the department of finance under the
State Council for record.
compensation in full within the prescribed time limit, the collecting
authorities shall, in addition to setting a dead line for the payment, impose
an overdue fine of 0.2% per day on the amount in arrears, counting from the
day on which the payment becomes overdue.
fees and the overdue fine in accordance with the provisions of the preceding
paragraph, the collecting authorities shall impose penalty of up to three
times the amount of the compensation payable. If the case is serious, the
concessioner's mining license shall be revoked by the original licensing
authorities.
resources compensation by means of misrepresenting the minerals, concealing
the output, sales volume, or misrepresenting the selling prices or actual
mining recovery rate, the collecting authorities shall pursue the payment
of the compensation payable, and impose a penalty of up to five times the
amount of the compensation payable; if the case is serious, the
concessioner's mining license shall be revoked by the original licensing
authorities.
pursuant to the provisions of Article 9 of these Provisions, the collecting
authorities shall set a deadline for submission; in case of failure to
submit within the prescribed time limit, a fine up to 5,000 yuan shall be
imposed; and in case the concessioner still fails to submit the data, its
mining license may be revoked by the original licensing authorities.
concessioners in accordance with these Provisions shall be turned over to
the State Treasury.
administrative penalties, the party may, within 15 days from the date of
receipt of the notification on the administrative penalties, apply for
reconsideration to the authorities at the next higher level than that which
made the decision on the administrative penalties; the party may also
directly institute legal proceedings in the people's court within 15 days
from the date of receipt of the notification on the penalties.
reconsideration or initiate legal proceedings with a people's court and to
comply with the penalty decision within the specified period, the authorities
which made the decision on the penalties may apply to the people's court for
enforcement.
administrative documents promulgated by local people's governments before the
promulgation of these Provisions are in conflict with these Provisions, these
Provisions shall prevail.
municipalities directly under the central government may, in accordance with
these Provisions, formulate measures for the implementation of these
Provisions.
responsible for the interpretation of these Provisions.
Appendix: Table for Rates of Mineral Resources Compensation
_____________________________________________________________________________
Minerals
Rate ( % )
_____________________________________________________________________________
petroleum
1
_____________________________________________________________________________
natural gas
1
_____________________________________________________________________________
coal, coal-related gas 1
_____________________________________________________________________________
uranium, thorium 3
_____________________________________________________________________________
stone coal, oil sand 1
_____________________________________________________________________________
natural bitumen
2
_____________________________________________________________________________
geothermal resources 3
_____________________________________________________________________________
oil shale
2
_____________________________________________________________________________
iron, manganese, chromium, vanadium, titanium
2
_____________________________________________________________________________
copper, lead, zinc, bauxite, nickel, cobalt,
tungsten, tin, bismuth, molybdenum, mercury, 2
antimony, magnesium
______________________________________________________________________________
gold, silver, platinum, palladium, ruthenium,
osmium, iridium, rhodium 4
_____________________________________________________________________________
niobium, tantalum, beryllium, lithium, zirconium,
strontium, rubidium, cesium
3
_____________________________________________________________________________
lanthanum, cerium, praseodymium, neodymium,
samarium, europium, yttrium, gadolinium, terbium 3
dysprosium, holmium, erbium, thulium, ytterbium
lutetium
_____________________________________________________________________________
ion-type rare earths 4
_____________________________________________________________________________
scandium, germanium, gallium, indium, thallium,
hafnium, rhenium, cadmium, selenium, tellurium,
3
_____________________________________________________________________________
gemstone, jade, gem diamond
4
_____________________________________________________________________________
graphite, phosphorus, natural sulphur, pyrite,
sylvite, boron, crystal (piezoelectric crystal,
smelting crystal, optical crystal, craft crystal),
corundum, kyanite, sillimanite, andalusite,
2
tabular spar, nitratite, talc, asbestos, crocidolite,
mica, feldspar, garnet, pyrophyllite, diopside,
tremolite, vermiculite, zeolite, alumstone,
mirabilite (including glauberite)
_____________________________________________________________________________
diamond, gypsum, anhydrite, barite, witherite,
natural alkali, calcite, Iceland spar, magnesite,
fluorite (including common fluorite and optical
fluorite), topaz, tourmaline, agate, mineral
pigments (ochre, pigment loess), limestone (for
use in calcium carbide, manufactured soda,
fertilizers, flux, glass, cement, construction
stone, mortar, and facing), marl, chalk, rock
containing potassium, dolomite (for use in
metallurgy, fertilizers, glass, and construction),
quartz (for use in metallurgy, glass, and
fertilizers), sandstone (for use in metallurgy,
glass, or as cement ingredient, or for use in brick,
fertilizers, casting molds, and ceramics), natural
quartz sand (for use in glass, casting molds,
construction, or as cement ingredient or standard sand
in cement, or for use in bricks), vein quartz (for use
in metallurgy and glass), powdered quartz, natural
oilstone, potassium-bearing shale, diatomite, shale
2
(including ceramsite shale, shale used for bricks,
and shale used as cement ingredient), kaolin, ceramic
clay, refractory clay, clay for convexo-concave rod,
sepiolite clay, illite clay, rectorite clay, bentonite,
iron alum, miscellaneous clays (including clay for use
in casting molds, brick, and ceramsite, clay used as
cement ingredient, red clay used as cement ingredient,
yellow clay used as cement ingredient, mudstone used
as cement ingredient, and insulating clays), peridotite
(for use in fertilizers and construction), serpentine
(for use in fertilizers, flux, and facings), basalt
(for use in stone casting and asbestos), diabase (for
use in cement, stone casting, facings, and
construction), andesite (including andesite for use
in facings, andesite for use in construction, and
andesite porphyrite for use in cement mixers), diorite
(for use in cement mixers and construction), granite
(for use in construction and facings), medical stone,
perlite, obsidian, pitch stone, pumice stone, trachyte
(for use in cement and stone casting), nepheline syenite,
tuff (for use in glass, cement, and construction),
volcanic ash, volcanic slag, marble (for use as facing,
and construction, cement, and glass), slate (for use as
facing and cement ingredient), gneiss, amphibole,
peat, magnesium salt, iodine, bromium, arsenium
_____________________________________________________________________________
lake salt, rock salt, natural brine
0.5
_____________________________________________________________________________
carbon dioxide, hydrogen sulphide, helium, radon,
3
_____________________________________________________________________________
mineral spring water 4
______________________________________________________________________________
groundwater
The rate and
______________________________________________________________________________
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