Notice of the 12 departments on continuously strengthening the order rectification of the rare earth industry  

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Issuing authority:
Ministry of Industry and Information Technology National Development and Reform Commission Ministry of Public Security Ministry of Finance Ministry of Natural Resources Department of Ecology and Environment Ministry of Commerce Emergency Management Department State-owned Assets Supervision and Administration Commission State Administration of Customs State Administration of Taxation State Administration of Markets
title:
Ministry of Industry and Information Technology National Development and Reform Commission Ministry of Public Security Ministry of Finance Ministry of Natural Resources Department of Ecology and Environment Ministry of Commerce Emergency Management Department State-owned Assets Supervision and Administration Commission State Administration of Taxation State Administration of Taxation State Administration of Markets and Regulations on the continuous strengthening of the rectification of the rare earth industry Notice
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Ministry of Industry and Information Technology Lianyuan [2018] No. 265
Written date: 2018-12-10
Release date: 2019-01-04
Article source: Raw Materials Industry Division
Category: Raw Material Industry Management

Notice of the 12 departments on continuously strengthening the order rectification of the rare earth industry

Ministry of Information Industry and the National Development and Reform Commission, Ministry of Public Security Ministry of Natural Resources, the Department of Ecology Environment Commerce Emergency Management Department of the State-owned Assets Supervision and Administration Commission General Administration of Customs State Administration of Taxation Administration of the country of continuing to strengthen market order rectification of rare earth industry Notify the

Ministry of Industry and Information Technology Lianyuan [ 2018 ] No. 265

Relevant departments of industry (institutions, autonomous regions, municipalities directly under the central government), industrialization and informationization, development and reform, public security, finance, natural resources, ecological environment, commerce, emergency, state-owned assets, taxation, and market supervision, Guangdong Branch of the General Administration of Customs, and related customs, China is rare Rare Earth Co., Ltd., Minmetals Rare Earth Group Co., Ltd., North China Rare Earth (Group) High-Tech Co., Ltd., Xiamen Tungsten Industry Co., Ltd., China Southern Rare Earth Group Co., Ltd., Guangdong Rare Earth Industry Group Co., Ltd., China Rare Earth Industry Association , China Nonferrous Metals Industry Association, China Minmetals Chemicals Import and Export Chamber of Commerce:

“Several Opinions of the State Council on Promoting the Sustainable and Healthy Development of the Rare Earth Industry” (Guo Fa [ 2011 ] No. 12 ), since the release of the Ministry of Rare Metals Inter-Ministerial Coordination Mechanism A number of special campaigns against rare earth violations were carried out, and a number of typical cases were investigated and investigated, and the industry order improved significantly, creating a better development environment. However, due to the interests, the problem of black rare earths such as private excavation and unplanned production still occurs from time to time, seriously disrupting market order and normal production and operation activities of legitimate enterprises. In order to further standardize the market order and improve the quality of the development of the industry, the current notice of rectifying the order of the rare earth industry is as follows:

1. The overall requirement is

to adhere to the guidance of Xi Jinping’s new era of socialism with Chinese characteristics and fully implement the 19th and 19th sessions of the Party. The spirit of the Second and Third Central Plenary Sessions firmly established a new development concept, adhered to the supply-side structural reform as the main line, focused on private excavation, processing of illegal rare earth mineral products and other prominent problems that disrupted the industrial order, and increased investigation and punishment. Focusing on the establishment of a normalized working mechanism, the supervision will be carried out throughout the entire process of legal rectification, effectively implementing the Group’s management and control responsibilities and local regulatory responsibilities, realizing the orderly and orderly mining, production, circulation and import and export of rare earths, and the prices of products are stable and reasonable. The use of green environmental protection, the quality of development continues to improve, and the strategic support role of rare earth resources has been effectively utilized.

Second, strengthen the management of key links

(1) to ensure the orderly mining of rare earth resources

Intensify the supervision of key resource areas and mines, and resolutely ban the illegal mining of rare earth mines (including recycling), such as illegal exploration, unlicensed mining, cross-border mining, illegal outsourcing, etc., confiscation of illegal income and thorough clean-up Ground facilities. Strictly control the recycling of rare earth resources under pressure, and comprehensively clean up the rare earth resource recovery project in the region. The existing rare earth resource recovery project must be carried out in strict accordance with the approval documents and environmental impact assessment reports, and the ecological environment restoration and integration of the mines should be completed. Governance, prevent safety and ecological damage. (Responsible departments of provincial-level natural resources take the lead, provincial-level industrial and information, public security, ecological environment, emergency and other competent departments are responsible for the division of labor)

(2) Strictly implement the mining and smelting separation plan to

urge the Rare Earth Group within its jurisdiction to publicize its annual on time List of rare earth mines under production (including rare earth resource recycling projects) and all smelting and separating enterprises, accept social supervision, and truthfully report raw material procurement (including imported minerals purchase quantity), actual production and sales in the rare earth product traceability system. Information such as quantity and inventory. Combined with the annual rare earth mining and smelting separation total control plan, rare earth product traceability system, rare earth value-added tax special invoices issued, resource tax payment certificate and other data, the implementation of the plan is regularly checked, and the processing business is strictly prohibited. Enterprises that violate the law, such as the acquisition, processing and reselling of illegal rare earth mineral products, super-planned production, import procedures and multi-use, shall be dealt with according to the law. (The provincial-level departments of industry, informatization and natural resources take the lead, provincial-level public security, ecological environment, emergency, taxation, market supervision and other competent departments are responsible for the division of responsibilities according to their responsibilities)

(3) Standardizing the comprehensive utilization of resources to

comprehensively investigate the existing jurisdictions Resources comprehensive utilization enterprises, limited resources comprehensive utilization enterprises can only use secondary resources such as rare earth functional materials and device waste as raw materials, and it is prohibited to use rare earth minerals (including imported rare earth minerals), enriched materials and rare earth compounds as raw materials. Strictly control the number and scale of new comprehensive utilization of rare earth resources (including monazite treatment). It is strictly forbidden to approve smelting and separating enterprises in the name of comprehensive utilization, and urge enterprises that do not conform to the actual process, equipment and approval documents to switch production. (The provincial-level industrial and informationization, development and reform authorities take the lead, provincial-level ecological environment, market supervision and other competent departments are responsible for the division of responsibilities according to duties)

(4) Strengthen product circulation supervision

Improve the rare earth product traceability system and the rare earth special invoice product catalogue to achieve full process supervision. (The Ministry of Industry and Information Technology and the State Administration of Taxation are responsible for the division of responsibilities according to their duties) Supervising rare earth mineral products, smelting and separating products and rare earth metals and other enterprises to issue special invoices for rare earth value-added tax, and must not name counterfeit goods. Irregular inspection of rare earth trading enterprises, verification of the source and quantity of trading products, and the handling of illegal rare earth products, which do not open or falsely open special invoices for rare earth value-added tax, shall be handled according to law. Strictly implement the legal inspection procedures for rare earth exports, so that batch approval must be carried out. Strict management of rare earth export licenses, focusing on exporting abnormal enterprises, suspending domestic production and sales of export enterprises that have been illegally sourced by relevant departments, and stopping issuing export licenses. Strengthen the import management of rare earth products, the import of rare earth mineral products should comply with the mandatory requirements of the national technical standards, declare to the customs according to the law and regulations, and prohibit illegal acts such as false reports and false reports. (Responsible departments of taxation, customs, commerce, market supervision, industry and informationization at the provincial level are responsible for the division of responsibilities according to their responsibilities)

III. Continuously enhance industry self-discipline

(5) Enhance the Group’s management and control capabilities,

improve the enterprise management system, strengthen internal corporate supervision, and strictly implement Rare earth mining and smelting separation total control plan, environmental protection, resource tax, rare earth value-added tax special invoices and other policies to ensure substantive control and standardize operation and management; strict control of new smelting and separation of production capacity, relocation and transformation must adhere to capacity equalization or reduction Quantity replacement, pressure reduction, inefficient and ineffective smelting and separation of production capacity and construction of regional rare earth radioactive waste treatment and disposal facilities; increase raw material conversion rate, integrated development of rare earth new materials and terminal applications, and strive to form 2 to 3 rare earth deep processing leading enterprises in each group. (China Rare Earth Co., Ltd., Minmetals Rare Earth Group Co., Ltd., North China Rare Earth (Group) High-Tech Co., Ltd., Xiamen Tungsten Industry Co., Ltd., China Southern Rare Earth Group Co., Ltd., Guangdong Rare Earth Industry Group Co., Ltd. )

(vi) to play the role of intermediary organizations

Establish a system of rare earth industry credit system, rare earth enterprise social responsibility report, etc., regularly evaluate the implementation of member companies’ policies and regulations, and promptly cancel the membership of companies with violations of laws and regulations. We will improve the reporting and rewarding methods for violations of laws and regulations, and issue reports and emails on the portals of trade associations and chambers of commerce, and reward enterprises and individuals who report violations. (China Rare Earth Industry Association, China Nonferrous Metals Industry Association, China Minmetals Chemicals Import and Export Chamber of Commerce, etc. are responsible for the division of main tasks undertaken by the company)

Fourth, to enhance the quality of industry development

(VII) to promote green and efficient development to

support the continuous improvement of rare earth groups and research units Rare earth mining, smelting and separation technical specifications and standards, promotion of advanced clean production technology, establishment of smelting and separation demonstration plants, construction of high-level, mobile, and demonstration of ionic rare earth green mines, strict control of ammonia and nitrogen pollution to groundwater. Strengthen the supervision of pollutant discharge and radiation safety for rare earth mines, smelting separation and comprehensive utilization of resources, and urge enterprises to strictly implement the EIA approval (including radiation environmental impact assessment) and environmental protection facilities completion acceptance system, strengthen fire smelting and rare earth baking roasting Exhaust gas treatment in the process of sintering, etc., properly dispose of the radioactive waste residue. For enterprises that have incomplete EIA procedures and long-term abnormal operation of pollutant treatment facilities, and that exceed the standards, the penalties shall be handled in accordance with the law. (The members of the Rare Metals Inter-Ministerial Coordination Mechanism and the provincial-level industrial and informatization, natural resources, ecological environment, market supervision and other competent departments are responsible for the division of responsibilities.)

(8) Actively promote functional application,

encourage the development of rare earth deep processing application industry, and make full use of The existing policies support rare-earth high-end applications and intelligent projects, improve the quality of rare earth new materials and intelligent manufacturing, and promote the application of high-abundance rare earth elements such as antimony, bismuth and antimony. Support the establishment of a national-level rare earth functional materials innovation center, implement the industry’s key common technology research and development and application, and enhance the industry’s competitiveness. Strengthen the construction of science and technology innovation system for the production, research and research of rare earth new materials, and promote the early intervention of rare earth new material suppliers in the development of downstream user products (EVI) to promote the coordinated development of upstream and downstream industries. (The members of the Rare Metals Inter-Ministerial Coordination Mechanism and the provincial-level industrial and informatization, development and reform, finance and other competent departments are responsible for the division of responsibilities.)

V. Safeguard measures

(9) Strengthen organizational leadership

Coordinate the study of major issues in the order rectification work, quantify and refine the division of tasks, clarify the responsible units and responsible persons, and strengthen joint law enforcement. (Responsible for the member units of the Rare Metals Inter-Ministerial Coordination Mechanism) to develop and improve the corresponding mechanisms and work rules, and to layer the responsibility. The relevant departments are regularly organized to carry out self-inspection every year, and the self-inspection situation is submitted to the Ministry of Industry and Information Technology in a timely manner. (All provincial industrial and information administration departments take the lead)

(10) Improve the supervision mechanism

Establish a joint supervision mechanism, and organize a special supervision for local governments and rare earth groups to implement the rectification requirements every year . Privately dig and smuggle and process illegal rare earth mineral products as the focus of supervision, and investigate the responsibility of relevant personnel in places and enterprises that have slow progress in work, long-term non-implementation of policies, neglect of duties, participation, connivance, and even cover violations of laws and regulations. . (Responsible for the member units of the Rare Metals Inter-Ministerial Coordination Mechanism)

(11) Unblock the reporting channels

by using government websites and local media to issue reporting methods, and timely inform the relevant departments of the reports of violations of laws and regulations exposed by the masses and the media, and promptly report and investigate them. result. Use the respective portals to timely report and expose typical cases to promote the effectiveness of the work. Training for local government staff and industry practitioners to continuously enhance their sense of responsibility. (The member units of the Rare Metals Inter-Ministerial Coordination Mechanism and the relevant competent departments at the provincial level are responsible for the division of responsibilities according to their responsibilities.)

(12) Increase the punishment.

Use satellite remote sensing technology to strengthen the monitoring of private excavation, illegal construction and other new situations. Make full use of the existing laws and regulations in the fields of ecological environment, safe production, taxation, customs, etc., and severely punish according to laws and regulations, and deter illegal elements. We will improve the “blacklist” system of enterprises and restrict the enterprises that do not record bad loans from enjoying loans, listings, and ratings. (Responsible for members of the Rare Metal Inter-Ministerial Coordination Mechanism
Ministry of Information Industry and the National Development and Reform Commission, Ministry of Public Security Ministry of Natural Resources,
the Department of Ecology Environment Commerce Emergency Management Department of the State-owned Assets Supervision and Administration Commission
General Administration of Customs State Administration of Taxation Administration of State Market
2018 Nian 12 Yue 10 Ri

Source: MIIT   Raw Materials Industry Division
Date: 04/01/2019
Related links: Interpretation of the Notice on Continuously Strengthening the Order Rectification of the Rare Earth Industry

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