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        The Ministry of industry and information technology and other eight departments jointly issued a spe

        Date of issue:2017-12-28 | Number of visits:1040

        The website of the Ministry of Industry and Information Technology announced on October 11 that the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Land and Resources, the Ministry of Environmental Protection, the General Administration of Customs, the State Administration of Taxation, the State Administration for Industry and Commerce, and the State Administration of Work Safety jointly issued the Special Project on Combating Rare Earth Violations and Violations Action plan".

        The plan is clear. The people's governments of all relevant provinces (regions and cities) implement the supervision responsibilities of the relevant municipal and county governments, organize relevant departments to check the rare earth mining, production and circulation enterprises one by one, and jointly investigate and punish the illegal mining and trading of rare earth mining, production and circulation enterprises. For the processing of illegal mineral products, tax evasion, and off-site invoicing of illegal products, the key rare earth producing areas should focus on investigating 2-3 typical cases based on special invoices and reports.

         

        Regarding illegal rare earth mining activities: focus on the inspection of rare earth mining and tax payment. Strictly investigate and punish illegal mining, cross-border mining, over-target mining, and construction without approval for environmental protection, ban illegal mining (recycling) of mines, confiscate mineral products and illegal income in accordance with the law; recover the rare earth value-added tax paid by mining companies in full , Mineral resources tax and compensation fees and other taxes; clean up construction projects to recycle rare earth resources projects, without approval or incomplete procedures, order to stop production.

         

        Regarding illegal rare earth production activities: focus on the inspection of the implementation of total production control plans by rare earth smelting and separation enterprises. For unplanned or over-planned production enterprises, they shall be ordered to suspend production immediately, and relevant enterprises shall not apply for relevant state-supported projects to reduce their plans for the next year; for enterprises that do not have environmental assessment approval documents, safety assessment filing documents or fail to meet the requirements of relevant national regulations, Immediately order the suspension of production and rectification. If the pollutants cannot be discharged stably, they must rectify within a time limit and collect the pollution discharge fee in accordance with the law; for the purchase of illegal rare earth mineral products, the illegal rare earth mineral products and illegal income shall be confiscated according to law and be punished; for those who have not paid VAT , The value-added tax shall be paid, and late fees and fines shall be paid in accordance with relevant regulations; if the source of the mineral products cannot be stated, the enterprise shall be required to provide a certificate of full payment of the rare earth mineral resource tax; if it cannot be provided, the tax department shall recover it; for the sale of illegal rare earth mineral products Individuals or enterprises must file a case for investigation and punishment according to law.

         

        Regarding violations of laws and regulations in circulation: focus on the inspection of trading companies' trading of rare earth mineral products. For those who buy and sell illegal rare earth mineral products, the mineral products and illegal income shall be confiscated and punished in accordance with the law; for those who have not paid VAT, they shall pay VAT and pay late fees and fines in accordance with relevant regulations; for those who cannot explain the source of mineral products, require The enterprise provides a certificate of full payment of the mineral resource tax, and the tax department shall recover the payment if it cannot provide it.

         

           Regarding the source of rare earth exporting companies' products: According to the product production chain, check the source of rare earth exporting companies' products up to the source of mineral products. If the source is illegal rare earth mineral products, the export products and the illegal income of all links involved shall be confiscated according to law, and be punished; if there is any leakage of value-added tax or mineral resource tax in relevant links, the taxation department shall recover it.

         

        The plan clarified that the special action time is from October 10, 2014 to March 31, 2015. There are three stages:

          Self-examination stage: October 10 to November 25

        The people’s governments of all provinces (autonomous regions and municipalities) organize relevant departments and local governments to seriously verify the production and sales data of rare earth mines, smelting and separation and trading enterprises from June 1, 2013 to July 31, 2014, to the enterprise Check one by one on the spot, fill in the checklist and summary table (see attachments 2 and 3), and propose solutions to the problematic enterprises, and report to the Ministry of Industry and Information Technology before November 25.

           Rectification stage: November 26 to January 31, 2015

           The relevant local people's government organizes relevant departments to immediately investigate and punish enterprises with problems and order them to make corrections, and fill in a summary table of the inspection and rectification situation (see Annex 4). The investigation and rectification situation shall be reported to the Ministry of Industry and Information Technology by letter before January 31, 2015.

          Acceptance summary: February 1 to March 31, 2015

        All localities will check and accept this special action. For projects that have been rectified, they must be checked and accepted against the rectification plan; for those that have not completed rectification and closure, the reasons must be explained and the completion time of the rectification must be clarified; for the discovered dereliction of duty, official-business collusion, timely Submit to the discipline inspection and supervision department for processing. All localities will submit the summary report to the Ministry of Industry and Information Technology before March 31, 2015.

        During the special rectification process, the Ministry of Industry and Information Technology, together with relevant departments and the central media, formed a joint inspection team to check the progress of special actions in various regions, to supervise cases involving serious violations of rare earth laws and regulations, and to cross-regional transactions of illegal mineral products. Conduct coordinated tracing. After the special action is over, the Ministry of Industry and Information Technology will summarize the special action with relevant departments and report it to the State Council.

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