Provisions on the Administration of Mineral Resources Compensation Collection

Provisions on the Administration of Mineral Resources Compensation Collection
Provisions on the Administration of Mineral Resources Compensation Collection

Order of the State Council No. 150

February 27, 1994

The Provisions on the Administration of Mineral Resources Compensation Collection, which were adopted at the sixth executive meeting of the State Council on June 29, 1993, are hereby promulgated with effect as of April 1, 1994.

Premier Li Peng

Provisions on the Administratio of Mineral Resources Compensation Collection

Article 1 For purposes of ensuring and promoting the exploration, protection and rational development of mineral resources and safeguarding the State's property rights and interests to mineral resources, and in accordance with the relevant provisions of the Mineral Resources Law of the People's Reoublic of China, these Provisions are formulated.

Article 2 The mining of mineral resources in the territory of the People's Republic of China and within other sea areas under its jurisdiction shall be subject to the mineral resources compensation in accordance with these Provisions. Where laws and administrative regulations provide otherwise, these provisions shall apply.

Article 3 The mineral resources compensation shall be computed and collected at a certain ratio of the sales revenue of mineral products. The mineral resources compensation paid by enterprises shall be included in the administration fees.
In the case where a concessioner holding the mining license processes mineral products by itself, its sales revenue shall be computed in accordance with the prices fixed by the State; if the State does not fix the prices, its sales revenue shall be computed in accordance with the average price of mineral products on the local market at the time of collection.
In the case where a concessioner sells mineral products out of the territory, its sales revenue shall be computed in accordance with the prevailing sales price on the international market.
The expression "mineral products" as employed in these Provisions means products which are no longer in their natural state after being extracted or mined and separated from mineral resources.

Article 4 Concessioners shall pay the mineral resources compensation.
The mineral resources compensation shall be settled in the currency used in selling mineral products or, if the mineral products are processed by concessioners themselves, shall be settled in the currency used in selling end products.

Article 5 The mineral resources compensation shall be computed in accordance with the following formulas:
The amount of mineral resources compensation to be collected = sales revenue of mineral products x compensation rate x coefficient of mining recovery rate where,
the 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 mine design that has been approved in accordance with the relevant regulations of the State.
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