Provisions on the Administration of Mineral Resources Compensation Collection (Revised in 1997)

Provisions on the Administration of Mineral Resources Compensation Collection (Revised in 1997)

Provisions on the Administration of Mineral Resources Compensation Collection (Revised in 1997)

Order of the State Council No. 222

July 3, 1997

(Adopted at the sixth executive meeting of the State Council on June 29, 1993 and promulgated by Order of the State Council of the People's Republic of China No.150 on February 27, 1994; and revised according to the Decision of the State Council on Revising the Provisions on the Administration of Mineral Resources Compensation Collection on July 3, 1997)

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 Republic 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.
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