Ministry of Industry and Information Technology, National Development and Reform Commission, Ministry of Public Security, Ministry of Finance, Ministry of Natural Resources, Ministry of Ecological Environment, Ministry of Commerce, Ministry of Emergency Management, State-owned Assets Supervision and Administration Commission of the State Council, General Administration of Customs, State Administration of Taxation, State Administration of Market Supervision and Administration, Notice on Continuously Strengthening the Order and Rectification of the Rare Earth Industry

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

Relevant provinces (autonomous regions and municipalities directly under the Central Government) industry and information technology, development and reform, public security, finance, natural resources, ecological environment, commerce, emergency response, state-owned assets, taxation, market supervision departments, Guangdong Branch of the General Administration of Customs, china Rare Earth Co., Ltd., Minmetals Rare Earth Group Co., Ltd., China North Rare Earth (Group) High-tech Co., Ltd., Xiamen Tungsten Industry Co., Ltd., China South Rare Earth Group Co., Ltd., Guangdong Rare Earth Industry Group Co., Ltd., China Rare Earth Industry Association, China Nonferrous Metals Industry Association, China Minmetals and Chemical Import and Export Chamber of Commerce:

Since the release of the "Several Opinions of the State Council on Promoting the Sustainable and Healthy Development of the Rare Earth Industry" (Guo Fa [2011] No. 12), member units of the rare metal inter-ministerial coordination mechanism have jointly launched multiple rounds of special actions to combat rare earth violations, and investigated and dealt with A number of typical cases, the industry order has improved significantly, creating a better development environment. However, driven by interests, problems such as illegal mining and unplanned production of black rare earths still occur from time to time, seriously interfering with market order and the normal production and operation activities of legal enterprises. In order to further standardize the market order and improve the development quality of the industry, the notice on continuously strengthening the order rectification of the rare earth industry is as follows:

General 1. requirements

Adhere to the guidance of Xi Jinping's thought of socialism with Chinese characteristics in the new era, fully implement the spirit of the 19th CPC National Congress and the second and third Plenary sessions of the 19th CPC Central Committee, firmly establish a new concept of development, adhere to the supply-side structural reform as the main line, focus on outstanding problems that disrupt the order of the industry, such as illegal mining and processing of illegal rare earth mineral products, intensify investigation and punishment, and focus on the establishment of a normalized working mechanism, effectively implement the group's management and control responsibilities and local supervision responsibilities, realize the orderly order of rare earth mining, production, circulation, and import and export, stable and reasonable product prices, green resource utilization, continuous improvement of development quality, and effective play of the strategic support role of rare earth resources.

2. strengthen the management of key links

(I) to ensure the orderly exploitation of rare earth resources

Intensify the dynamic supervision of key resource sites and mines, and resolutely ban the closure of illegal and illegal mining of rare earth mines (including recycling) such as mining for exploration, unlicensed mining, cross-border mining, and illegal outsourcing in accordance with the law, confiscate illegal income, and thoroughly clean up ground facilities. Strictly control the recovery of overburden rare earth resources, and conduct a comprehensive clean-up of overburden rare earth resource recovery projects in the region. Existing overburden rare earth resource recovery projects must be carried out in strict accordance with the approval documents and environmental impact assessment reports, and do a good job in the restoration and comprehensive management of the ecological environment of the mine., Strictly prevent safety and ecological damage incidents. (The provincial-level natural resources authorities take the lead, and the provincial-level industry and information technology, public security, ecological environment, emergency response and other competent departments are responsible according to the division of responsibilities)

(II) Strict Implementation of Mining and Smelting Separation Plan

Urge the rare earth groups within their jurisdiction to publicize the list of rare earth mines (including the recovery project of overlying rare earth resources) and the list of all smelting and separation enterprises on time every year, accept social supervision, and truthfully fill in the raw material procurement (including the procurement quantity of imported mines), actual output, sales volume, inventory and other information in the rare earth product traceability system. Combined with the annual total amount control plan for rare earth mining and smelting separation, rare earth product traceability system, rare earth value-added tax invoice issuance, resource tax payment certificate and other data, the implementation of the plan is regularly checked, and it is strictly prohibited to carry out processing business. Enterprises that purchase, process and resell illegal rare earth mineral products, produce beyond the plan, and use multiple import procedures with one certificate shall be dealt with seriously in accordance with laws and regulations. (The provincial departments in charge of industry, information technology and natural resources take the lead, and the provincial departments in charge of public security, ecological environment, emergency response, taxation and market supervision are responsible according to the division of responsibilities)

(III) Standardized Resources Comprehensive Utilization Enterprises

Comprehensive investigation of the existing resources comprehensive utilization enterprises within the jurisdiction, limited resources comprehensive utilization enterprises can only use rare earth functional materials and device waste and other secondary resources as raw materials, prohibit the use of rare earth ore (including imported rare earth ore), enrichment and rare earth compounds as raw materials. Strictly control the number and scale of new enterprises for comprehensive utilization of rare earth resources (including monazite treatment), strictly prohibit the approval of smelting and separation enterprises in the name of comprehensive utilization, and urge enterprises whose actual processes and equipment do not conform to the approval documents to switch production. (The provincial departments in charge of industry, informatization, development and reform take the lead, and the provincial departments in charge of ecological environment and market supervision are responsible according to the division of responsibilities)

(IV) strengthen product circulation supervision

Improve the rare earth product traceability system and rare earth special invoice product catalog, so that the whole process of supervision. (The Ministry of Industry and Information Technology and the State Administration of Taxation are responsible according to the division of responsibilities) Supervise enterprises such as rare earth mineral products, smelting and separation products, and rare earth metals to truthfully issue special rare earth value-added tax invoices, and no counterfeit product names are allowed. Inspect rare earth trading enterprises from time to time, verify the source and quantity of trading products, and deal with enterprises that buy and sell illegal rare earth products and do not issue or falsely issue special invoices for rare earth value-added tax in accordance with laws and regulations. Strict implementation of rare earth export legal inspection procedures, so that the batch must be inspected. Strict management of rare earth export licenses, focusing on enterprises with abnormal exports, and suspending domestic production and sales of export enterprises that have been determined by relevant departments to be illegal sources of goods, and stopping the issuance of export licenses. Strengthen the management of the import of rare earth products. The import of rare earth mineral products should meet the mandatory requirements of national technical specifications, and declare to the customs in accordance with the law and truthfully, and illegal acts such as false reporting and concealment are strictly prohibited. (The competent departments of taxation, customs, commerce, market supervision, industry and information technology at the provincial level are responsible according to the division of responsibilities)

3. Continuously Enhance Industry Self-discipline

(V) improve the group management and control ability

Improve the enterprise management system, strengthen internal enterprise supervision, strictly implement the total amount control plan for rare earth mining and smelting separation, environmental protection, resource tax, rare earth value-added tax special invoices and other policies to ensure substantial control and standardized operation and management; Strict control of new smelting separation capacity, relocation and transformation must adhere to the equal or reduced capacity replacement, reduce inefficient and ineffective smelting separation capacity and build regional rare earth radioactive waste treatment and disposal facilities; Improve the conversion rate of raw materials, to the integration of new rare earth materials and terminal applications, and strive to form 2 to 3 leading rare earth deep processing enterprises in each group. (China Rare Earth Co., Ltd., Minmetals Rare Earth Group Co., Ltd., China Northern Rare Earth (Group) High-Tech Co., Ltd., Xiamen Tungsten Industry Co., Ltd., China Southern Rare Earth Group Co., Ltd., and Guangdong Rare Earth Industry Group Co., Ltd. are respectively responsible)

(VI) play the role of intermediary organizations

Establish a rare earth industry integrity system, rare earth corporate social responsibility report and other systems, regularly evaluate the implementation of policies and regulations of member companies, and promptly cancel the membership of companies with records of violations of laws and regulations. We will improve the reward measures for reporting violations of laws and regulations, publish reporting telephone numbers and E-mail on the portals of trade associations and chambers of commerce, and reward enterprises and individuals who report violations of laws and regulations. (China Rare Earth Industry Association, China Nonferrous Metals Industry Association, China Minmetals Chemical Import and Export Chamber of Commerce, etc. are responsible for the division of labor according to their main tasks)

4. improve the quality of industry development

(VII) promotes green and efficient development

Support rare earth groups and research units to continuously improve rare earth mining, smelting and separation technical specifications and standards, promote advanced clean production technologies, create smelting and separation demonstration plants, build high-level, movable, and demonstrable ionic rare earth green mines, and strictly control ammonia nitrogen Pollution to groundwater. Strengthen the supervision of pollutant discharge and radiation safety of rare earth mines, smelting separation and comprehensive utilization of resources, urge enterprises to strictly implement the environmental assessment and approval (including radiation environmental impact assessment) and the completion and acceptance system of environmental protection facilities, strengthen the treatment of waste gas from pyrometallurgical smelting and rare earth drying, roasting, sintering and other process links, and properly treat and dispose of radioactive waste residue. Enterprises that have incomplete environmental assessment procedures, long-term abnormal operation of pollutant treatment facilities, and excessive emissions shall be dealt with and punished in accordance with laws and regulations. (The member units of the rare metal inter-ministerial coordination mechanism and the provincial industry and information technology, natural resources, ecological environment, market supervision and other competent departments are responsible according to the division of responsibilities)

(VIII) actively promote functional applications

Encourage the development of rare earth deep processing application industry, make full use of existing policies to support high-end rare earth applications and intelligent projects, improve the quality of new rare earth materials and intelligent manufacturing level, and promote the application of high abundance rare earth elements such as lanthanum, cerium and yttrium. Support the establishment of a national rare earth functional materials innovation center, the implementation of the industry's key common technology research and development promotion and application, enhance the competitiveness of the industry. Strengthen the construction of a scientific and technological innovation system for the production, teaching and research of rare earth new materials, promote the early involvement of rare earth new material suppliers in the product research and development (EVI) of downstream users, and promote the coordinated development of upstream and downstream industries. (The member units of the rare metal inter-ministerial coordination mechanism and the provincial industry and information technology, development and reform, finance and other competent departments are responsible according to the division of responsibilities)

5. safeguard measures

(IX) strengthen organizational leadership

We should make overall plans to study major issues in the work of order rectification, quantify and refine the division of tasks, clarify the responsible units and responsible persons, and strengthen joint law enforcement. (Member units of the inter-ministerial coordination mechanism for rare metals are responsible) formulate and improve corresponding mechanisms and working rules, and layer responsibilities. Organize relevant departments to carry out self-examination regularly every year, and timely report the self-examination to the Ministry of Industry and Information Technology. (The provincial departments in charge of industry and information technology take the lead)

(X) a sound supervision mechanism

Establish a joint inspection mechanism, and organize a special inspection once a year for local governments and rare earth groups to implement the rectification requirements. Take private excavation, illegal mining and processing of illegal rare earth mineral products as the focus of supervision, and investigate relevant personnel in accordance with the law for places and enterprises that have slow progress in work, long-term non-implementation of policies, dereliction of duty, participation, connivance or even protection of illegal activities. responsibility. (Member of the Inter-Ministerial Coordination Mechanism for Rare Metals)

(XI) Smooth reporting channels

Use government websites, local media and other channels to publish reports, promptly notify relevant departments of clues about violations of laws and regulations reported by the masses and exposed by the media, and promptly feedback the results of the investigation. Use their respective portals to report and expose typical cases in a timely manner and publicize the effectiveness of their work. For local government staff, industry practitioners to carry out training, and constantly enhance the sense of responsibility. (Member units of the inter-ministerial coordination mechanism for rare metals and relevant competent departments at the provincial level are responsible according to the division of responsibilities)

(xii) Increased penalties

Satellite remote sensing technology is used to strengthen the monitoring of illegal mining and illegal construction. Make full use of the existing laws and regulations in the fields of ecological environment, production safety, taxation, customs, etc., and punish severely in accordance with laws and regulations to deter criminals. Improve the "blacklist" system of enterprises, and restrict enterprises with bad records from enjoying loans, listing, rating and other policies.