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Notice of the State Council on Issuing the Plan for the Reform of the Mineral Resource Royalty System [Effective]
国务院关于印发矿产资源权益金制度改革方案的通知 [现行有效]
【法宝引证码】

Notice of the State Council on Issuing the Plan for the Reform of the Mineral Resource Royalty System 

国务院关于印发矿产资源权益金制度改革方案的通知

(No. 29 [2017] of the State Council) (国发〔2017〕29号)

The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government; all ministries and commissions of the State Council; and all institutions directly under the State Council: 各省、自治区、直辖市人民政府,国务院各部委、各直属机构:
The Plan for the Reform of the Mineral Resource Royalty System is hereby issued to you for your conscientious implementation. 现将《矿产资源权益金制度改革方案》印发给你们,请认真贯彻执行。
State Council 国务院
April 13, 2017 2017年4月13日
Plan for the Reform of the Mineral Resource Royalty System 矿产资源权益金制度改革方案
The following plan for the reform of the mineral resource royalty system is hereby made for the purposes of implementing the decisions and arrangements of the CPC Central Committee and the State Council, better using the important role of the mineral resource tax and fee system in protecting the rights and interests of the state, in adjusting proceeds from resources, and in raising fiscal revenue, and advancing the modernization of the national governance system and capability in the ecological civilization field. 为落实党中央、国务院决策部署,更好地发挥矿产资源税费制度对维护国家权益、调节资源收益、筹集财政收入的重要作用,推进生态文明领域国家治理体系和治理能力现代化,现就矿产资源权益金制度改革制定以下方案。
I. General requirements   一、总体要求
(1) Guiding ideology. We shall comprehensively implement the spirit of the 18th National Congress of the Communist Party of China ("CPC") and the Third, Fourth, Fifth and Sixth Plenary Sessions of the 18th CPC Central Committee, carry out in depth the spirit of a series of important speeches and new concepts, thoughts and strategies of managing state affairs of General Secretary Xi Jinping, conscientiously implement the decisions and arrangements of the CPC Central Committee and the State Council, advance the layout for "economic, political, cultural, social, and ecological progress" in an overall manner and the Four-Pronged Comprehensive Strategy in a coordinated manner, adhere to the general work principle of seeking progress while keeping performance stable, firmly develop and implement the new development concept, adapt to, grasp and guide the new normal in China's economic development, follow the requirements of the Overall Plan for the Reform of the Ecological Civilization System, adhere to the advancement of the supply-side structural reform as major thread, the protection and realization of the state's rights and interests in mineral resources as priority, and the creation of a fair environment for mining market competition as purpose, and establish a new type of mineral resource royalty system in line with China's characteristics. (一)指导思想。全面贯彻党的十八大和十八届三中、四中、五中、六中全会精神,深入贯彻习近平总书记系列重要讲话精神和治国理政新理念新思想新战略,认真落实党中央、国务院决策部署,统筹推进“五位一体”总体布局和协调推进“四个全面”战略布局,坚持稳中求进工作总基调,牢固树立和贯彻落实新发展理念,适应把握引领经济发展新常态,按照《生态文明体制改革总体方案》要求,坚持以推进供给侧结构性改革为主线,以维护和实现国家矿产资源权益为重点,以营造公平的矿业市场竞争环境为目的,建立符合我国特点的新型矿产资源权益金制度。
(2) Basic principles. First, the protection of the interests and rights of the state in mineral resources shall be adhered to, the mineral resource tax and fee system shall be improved, the competitive assignment of mining rights shall be advanced, a market environment for fair competition shall be created, the revenue from mineral resources shall be reasonably adjusted, and mining without permission and sale of resources at an unreasonably low price shall be effectively contained. Second, the implementation of the responsibilities of mining enterprises shall be adhered to, enterprises shall be urged to efficiently make use of resources and manage and restore environment, the intensive and conserving use of resources shall be promoted, interim and ex-post supervision shall be strengthened according to the requirements of reform of "simplification of administrative procedures, delegation of powers, combination of delegation and control, and optimization of services," and the lawful rights and interests of enterprises shall be protected. Third, the stabilization of the pattern of financial resources of the Central Government and the local governments shall be adhered to, the ownership of mineral resources of the state and the interests of the places where mineral resources are located shall be taken into consideration, and the distribution ratio of revenue from mineral resources between the Central Government and the local governments shall be reasonably determined. (二)基本原则。一是坚持维护国家矿产资源权益,完善矿产资源税费制度,推进矿业权竞争性出让,营造公平竞争的市场环境,合理调节矿产资源收入,有效遏制私挖乱采、贱卖资源行为。二是坚持落实矿业企业责任,督促企业高效利用资源、治理恢复环境,促进资源集约节约利用,同时按照“放管服”改革要求,加强事中事后监管,维护企业合法权益。三是坚持稳定中央和地方财力格局,兼顾矿产资源国家所有与矿产地利益,合理确定中央与地方矿产资源收入分配比例。
II. Major measures   二、主要措施
(1) In the assignment of mining rights, proceeds from prospecting and mining rights shall be changed into proceeds from assignment of mining rights. The existing proceeds from prospecting and mining rights, collected only for mines prospected with state investment and reflecting the profits from the investment of the state, shall be changed to cover all proceeds from assignment of mining rights by the state and show the rights and interests of the state as the owner. In the case of assignment by auction or listing, price offered by the acquirer shall be the proceeds from the assignment of mining right. In the case of assignment by bidding, the best bidder shall be comprehensively selected and determined as the winner based on the bidding conditions, and the price offered by the winner shall be fixed as the proceeds from the assignment of mining right. In the case of assignment by agreement, the proceeds from the assignment of mining rights shall be determined according to valuation and benchmark market prices under similar conditions, whichever is higher. The proceeds from the assignment of mining right shall be determined in a one-off manner at the time of assignment and paid in currency, for which payment in installments is allowed. The specific measures for payment shall be developed separately by the Ministry of Finance in conjunction with the Ministry of Land and Resources. In addition, the advancement of the reform of the mining right assignment system shall be accelerated in order to organically connect the mineral resource royalty system. Competitive assignment of mining rights shall be comprehensively realized, assignment by agreement shall be strictly restricted, and the competence of approving mining rights shall be reasonably adjusted.
......
 (一)在矿业权出让环节,将探矿权采矿权价款调整为矿业权出让收益。将现行只对国家出资探明矿产地收取、反映国家投资收益的探矿权采矿权价款,调整为适用于所有国家出让矿业权、体现国家所有者权益的矿业权出让收益。以拍卖、挂牌方式出让的,竞得人报价金额为矿业权出让收益;以招标方式出让的,依据招标条件,综合择优确定竞得人,并将其报价金额确定为矿业权出让收益。以协议方式出让的,矿业权出让收益按照评估价值、类似条件的市场基准价就高确定。矿业权出让收益在出让时一次性确定,以货币资金方式支付,可以分期缴纳。具体征收办法由财政部会同国土资源部另行制定。同时,加快推进矿业权出让制度改革,实现与矿产资源权益金制度有机衔接。全面实现矿业权竞争性出让,严格限制协议出让行为,合理调整矿业权审批权限。
......

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