The person in charge of the Ministry of Justice, the Ministry of Justice, and the Ministry of Industry and Information Technology answered reporters' questions on the "Regulations on the Administration of Rare Earths".

On June 22, 2024, Premier Li Qiang signed Order No. 785 of the State Council, promulgating the Regulations on the Administration of Rare Earths (hereinafter referred to as the "Regulations"), which will come into force on October 1, 2024. A few days ago, responsible persons of the Ministry of Justice and the Ministry of Industry and Information Technology answered reporters' questions on relevant issues.

Q: Please briefly introduce the background of the promulgation of the Regulations.

A: Rare earth is an indispensable element and key strategic resource in modern industry. The CPC Central Committee and the State Council attach great importance to the protection of rare earth resources and industrial development. In recent years, the mainland has introduced a number of policies and measures around the access standards of the rare earth industry, industry integration, environmental protection and other aspects, which have effectively promoted and guaranteed the sustainable and healthy development of the industry. At the same time, there are still some outstanding problems in the management of rare earths in mainland China, the management responsibilities and regulatory measures covering the whole industrial chain need to be improved, the industrial innovation ability and the level of green intelligence need to be improved urgently, the industry order needs to be further standardized, and the means and penalties for illegal mining or illegal smelting and separation, production without indicators or exceeding indicators, and illegal rare earth products are not enough. Therefore, it is necessary to formulate special administrative regulations to provide legal guarantee for the protection of rare earth resources and industrial development.

The Ministry of Industry and Information Technology submitted the "Regulations (Draft for Review)" to the State Council on the basis of summarizing the practical experience of rare earth management in various regions in recent years, soliciting opinions from relevant parties and soliciting opinions from the public. The Ministry of Justice revised and formed the "Regulations (Draft)" on the basis of extensively soliciting the opinions of relevant central units and provincial-level people's governments, conducting in-depth research in conjunction with the Ministry of Industry and Information Technology, listening to the opinions and suggestions of relevant enterprises, industry associations, experts and scholars, and conducting in-depth research on key issues. On April 26, 2024, the executive meeting of the State Council deliberated and passed the "Regulations (Draft)".

Q: What is the general idea behind the formulation of the Regulations?

Answer: The "Regulations" adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and follow the following general ideas: First, adhere to the overall development and security, promote the high-quality development of the rare earth industry, maintain ecological security, and ensure the security of national resources and industry. The second is to adhere to the problem-oriented and goal-oriented, establish a regulatory system and mechanism for the whole rare earth industry chain, and improve the industrial governance ability and governance level. The third is to adhere to the effective convergence of the system, grasp the positioning of the "Regulations" as an exclusive administrative regulation for rare earth management, and connect with laws and regulations such as mineral resources and environmental protection.

Q: What are the provisions of the "Regulations" on the management responsibilities of rare earths?

Answer: First, clarify the division of responsibilities of departments. The competent department of industry and information technology of the State Council is responsible for the management of the national rare earth industry, and researches, formulates and organizes the implementation of management policies and measures for the rare earth industry. The competent department of natural resources of the State Council and other relevant departments shall be responsible for the management of rare earths within the scope of their respective duties. The second is to consolidate the responsibilities of local governments. The local people's governments at or above the county level are responsible for the management of rare earths in their respective regions. The relevant competent departments of industry and information technology and natural resources of the local people's governments at or above the county level shall do a good job in the management of rare earths in accordance with the division of responsibilities.

Q: What are the main measures stipulated in the "Regulations" to promote the high-quality development of the rare earth industry?

Answer: First, strengthen planning and guidance. The state implements a unified plan for the development of the rare earth industry, and the competent department of industry and information technology of the State Council shall, in conjunction with relevant departments, prepare and organize the implementation of the rare earth industry development plan in accordance with the law. The second is to highlight scientific and technological innovation. The state encourages and supports the research and development and application of new technologies, new processes, new products, new materials and new equipment in the rare earth industry. Encourage and support enterprises to use advanced and applicable technologies and processes to comprehensively utilize rare earth secondary resources. The third is to achieve green development and safe production. Enterprises engaged in rare earth mining, smelting and separation, metal smelting and comprehensive utilization shall abide by the laws and regulations on mineral resources, energy conservation and environmental protection, clean production, safe production and fire protection.

Q: Regarding the supervision system of the whole rare earth industry chain, what are the provisions of the "Regulations"?

Answer: First, clarify the management requirements for rare earth mining and smelting separation. The competent department of industry and information technology under the State Council, in conjunction with relevant departments, shall determine rare earth mining enterprises and rare earth smelting and separation enterprises. Other organizations and individuals shall not engage in rare earth mining and rare earth smelting and separation. The second is to establish a system for regulating and controlling aggregate amounts. According to factors such as the difference in reserves and types of rare earth resources, industrial development, ecological protection, market demand, etc., the state implements total regulation and control of rare earth mining and smelting separation, and optimizes dynamic management. The third is to standardize the comprehensive utilization of rare earths. Enterprises engaged in the comprehensive utilization of rare earth minerals shall not use rare earth mineral products as raw materials to engage in production activities. Fourth, establish a product traceability system. Enterprises engaged in rare earth mining, smelting and separation, metal smelting, comprehensive utilization and export of rare earth products shall truthfully record the flow information of rare earth products and enter it into the rare earth product traceability information system. Fifth, strict circulation management. No organization or individual shall purchase, process, sell, or export illegally mined or illegally smelted and separated rare earth products. The import and export of rare earth products and related technologies, processes and equipment shall comply with the provisions of relevant laws and administrative regulations on foreign trade and import and export management.

Question: What are the provisions of the "Regulations" in terms of supervision and management measures and legal responsibilities?

Answer: First, strengthen supervision and inspection. The competent department of industry and information technology and other relevant departments shall, in accordance with the division of duties, supervise and inspect the mining, smelting and separation, metal smelting, comprehensive utilization, product circulation, import and export and other activities of rare earths, and deal with illegal acts in a timely manner in accordance with law. In conducting supervision and inspection, they have the right to take measures such as inspecting the relevant documents and materials of the inspected unit, questioning the inspected unit and its relevant personnel, and entering the site of suspected illegal activities to conduct investigation and collect evidence. The second is to clarify legal responsibility. Corresponding legal liabilities are stipulated for illegal activities such as illegal engagement in rare earth mining, smelting and separation, violation of total volume regulation and management regulations, product traceability system, acquisition, processing and sale of illegally mined or illegally smelted and separated rare earth products. At the same time, it is stipulated that enterprises engaged in rare earth mining, smelting and separation, metal smelting, and comprehensive utilization shall be punished by relevant departments in accordance with their duties and laws if they violate the laws and regulations on energy conservation and environmental protection, clean production, production safety, and fire protection.

Q: After the implementation of the "Regulations", what work will be focused on?

Answer: The Ministry of Industry and Information Technology will work with relevant departments to implement the Regulations. The first is to increase publicity and interpretation. In view of the strong professionalism of the "Regulations", a variety of ways are adopted to publicize the "Regulations", strengthen the professional training of rare earth management, and help the staff of relevant departments and enterprises to better grasp the content of the "Regulations". Second, earnestly grasp the implementation work. According to the framework of the rare earth whole chain management system determined by the "Regulations", improve the relevant supporting systems, enhance the ability and level of law enforcement, strictly investigate and punish illegal acts in accordance with the law, and effectively implement the "Regulations". The third is to promote the upgrading of industrial quality. Taking the implementation of the "Regulations" as an opportunity and taking industrial scientific and technological innovation as the guide, we will support enterprises to carry out the research and development and industrialization of new technologies, new processes, new products, new materials and new equipment, accelerate the transformation and upgrading of high-end, intelligent and green industries, and improve the quality level of the development of the rare earth industry.

Source: Rule of Law Daily-Rule of Law Network

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