Qinghai Province, Qinghai Provincial People's Government On The Revision Of The Decision Of The Implementation Measures For The Management Of Mineral Resource Compensation Fee Collection

Original Language Title: 青海省人民政府关于修改《青海省矿产资源补偿费征收管理实施办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384512.shtml

Qinghai province, Qinghai provincial people's Government on the revision of the decision of the implementation measures for the management of mineral resource compensation fee collection

    (October 24, 2012, Qinghai province, the people's Government of the 107th Executive meeting November 22, 2012 90th release of Qinghai province as of the date of promulgation) province, the people's Government of Qinghai province decided to implement measures for the management of mineral resource compensation fee collection as follows:

  One, the second is revised as follows: "where the mining of mineral resources and mining rights in the administrative region of this province who shall be in accordance with the provisions of the mineral resource compensation fee collection management and the measures for the implementation of pay compensation fees for mineral resources".

    "Mining rights referred to in the preceding paragraph refers to having legal personality and exploitation of mineral resources of the enterprise or organization legally obtained mining license."

    Second, the article is revised as follows: "the provincial land and resources management in conjunction with the provincial financial department managers levy of the compensation fees for mineral resources management work in Shandong Province".

    Third, the addition of an article, as the fourth: "collection, management and use of mineral resources compensation fees, should stick to collect receivable, earmarks and the principle of living within our means".

    Four-fifth article, and delete.

    Increased five, sixth paragraph, third paragraph: "oil, natural gas, and Cha er Han, Dong Tai Ji Naier, Sai Tai Ji Naier, a ping of Salt Lake resources in mineral resource compensation fees collected by the provincial Department of land and resource management is responsible for."

    Six, seventh, the first paragraph is amended as: "mineral resources compensation fees of mineral and rates are levied, in accordance with the State Council's implementation of the mineral resources compensation rate table, mineral resource compensation fee calculated according to the following pattern:". Fifth paragraph to read: "direct smelting of ores or concentrates from mining rights, further processing, to provide smelting and processing of ores or concentrates in terms of number of sales revenue is counted.

    Should not be computed, levied by departments, approval by the provincial land and resource management, to product sales percentage of income taxation ". Seven and eighth of the first paragraph is amended as: "quarterly paying of compensation fees for mineral resources.

    Mining right before the 15th of the first month of each quarter to pay compensation fees for mineral resources in the previous quarter, seasonal mineral resources compensation fees can be pre-paid in advance. " Article VIII, IX is amended as: "the mining right of suspension or termination of mining activities should pay compensation fees for mineral resources.

    No sales of mineral products, sector accounts with payment of mineral resources compensation fees are levied, will go through the suspension or closure procedures. "

    Nine, delete article tenth.

    Ten, 13th paragraph fourth amended as: "the special Bill of payment compensation for mineral resources, and special receipts for the collection and payment of compensation by the provincial financial Department, in conjunction with the provincial administration of land and resources management."

    Third, 14th paragraph amended as: "an application for reduction for more than 500,000 yuan, provincial land and resource management in conjunction with the Ministry of finance signed comments, submitted to the provincial people's Government for approval.

    12, the addition of an article, as the 14th: "the people's Governments above the county level compensation fees for mineral resources in land and resource management is responsible for the collection of statistics, preparation of mineral resource compensation fee collection of relevant reports, escalation management of land and resources, with a copy to financial departments at the same level."

  13, 15th revised as follows: "belongs to this province dominated by mineral resources compensation fees included in the provincial budget, the implementation of project management, no unit or individual shall misappropriate".

    "The compensation fees for mineral resources exploration, mineral resource conservation and protection and collection departments for supplementary funding."

    14, 16th revised as follows: "disposal of compensation fees for mineral resources in the province, according to the geological survey 60%, mineral resources saving and protection of 20% and collection Department supplemented a 20% ratio, by the financial Department of the province, in conjunction with the provincial Department of land and resource management arrangements".

    16th article, third paragraph be deleted.

    XV, 17th revised as follows: "geological exploration, utilization and conservation of mineral resources protection and collection of sector specific measures for the management and use of supplementary funding administered by the provincial financial Department, in conjunction with the provincial land and resources department".

    16, 20th is amended as: "the collection officer in the execution of their official duties, should produce a certificate of administrative law enforcement and have an obligation to keep secret for the person being checked". 17, 23rd is amended as: "the collection of mineral resources compensation fees and outstanding achievements of departments and individuals, by the provincial Department of land and resources administration for encouragement and reward.

    Award of the Fund in its work requirements would be covered by ".

    18, delete article 24th.

    19, 26th-subsection (d) is amended as: "the deadline to pay compensation fees for mineral resources".

    20, delete article 27th.

    21, and 28th article modified for: "on levy sector and staff violation mineral resources compensation fee levy management provides and this implementation approach interception, and sat support, and misappropriated, and privately mineral resources compensation fee and fine and in levy in the abuse, and received bribery of, by administrative monitored organ or superior competent sector on has directly responsibility of competent led and other directly responsibility personnel, law give corresponding of administrative sanctions".

    22, the deletion of article 29th.

    23, delete article 30th.

    In addition, on some textual changes, accordingly to the provisions of order.

    This decision shall come into force as of the date of.

    Qinghai provincial mineral resource compensation fee collection and management in accordance with this decision of the measures for the implementation of the corresponding changes, republished.

    Report: implementation measures for the administration of mineral resources compensation collection in Qinghai province 2012 (revised) (October 22, 1994 released 12th December 15, 2010, the people's Government of Qinghai province from the Qinghai provincial people's Government to amend some regulations amending the decision on November 22, 2012 of the Qinghai provincial people's Government to amend the compensation fees for mineral resources in Qinghai province decided to modify the implementation measures for the collection and management)

    Chapter I General provisions

    First in order to maintain the State of property rights of mineral resources, promoting the exploration, exploitation and protection of mineral resources, strengthening the collection and administration of mineral resources compensation fees, according to the regulations on the administration of mineral resource compensation fee collection, according to province, formulate measures for its implementation.

    Article in the mining of mineral resources and mining rights within the administrative area of the province and shall, in accordance with the administration of mineral resource compensation fee collection regulation and of this implementing measure shall pay the compensation fees for mineral resources.

    Mining right referred to in the preceding paragraph is a legal entity, and legally obtained mining license in mining mineral resources of the enterprise or organization.

    Third provincial land and resource management authorities and the provincial financial department head levy of the compensation fees for mineral resources management work in Shandong province.

    Fourth collection, management and use of mineral resources compensation fees, should stick to collect receivable, earmarks and the principle of living within our means.

    Chapter II collection and payment

    Fifth levy of the compensation fees for mineral resources grading management, land and resource management by the people's Governments above the county level shall be responsible for the collection.

    Sixth mine in County-level administrative areas, compensation fees for mineral resources by mining land and resource management is responsible for the county people's Governments levy.

    Area above the county level administrative division, involved in compensation fees for mineral resources by administrative regions is imposed by the common land and resource management is responsible for the people's Governments at a higher level.

    Petroleum, natural gas and series, Dong Tai Ji Naier, XI Tai Ji Naier, a ping of Salt Lake resources in mineral resource compensation fees collected by the provincial Department of land and resource management is responsible for.

    Section seventh minerals mineral resources compensation fees and rates, in accordance with the State Council's implementation of the mineral resources compensation rate table, mineral resource compensation fee calculated as follows:

    Levy = compensation fee for mineral resources compensation fees for mineral sales revenue x rates x mining recovery coefficient

    Approved mining recovery/mining recovery factor = actual mining recovery

    Mining right ore sale, ore sales revenue is counted as symptoms to concentrate sales, according to concentrate sales levy. Direct smelting of ores or concentrates from mining rights, further processing, to provide smelting and processing of ores or concentrates in terms of number of sales revenue is counted.

    Should not be computed, levied by departments, approval by the provincial land and resource management, to product sales percentage of income taxation.

    Not approved mining recovery or it is difficult to calculate the actual mining recovery, levied by sector according to the actual situation with the relevant departments approved the mining recovery coefficient values. Eighth quarterly paying of compensation fees for mineral resources.

    Mining right before the 15th of the first month of each quarter to pay compensation fees for mineral resources in the previous quarter, or pre pay compensation fees for mineral resources in that quarter.

    Quarterly payment of mining right is difficult, and approved by the management of land and resources departments can defer the payment, but the extension period shall not exceed 3 months. Nineth mining right of suspension or termination of mining activities should pay compensation fees for mineral resources.

    No sales of mineral products, after accounting with payment of compensation fees for mineral resources by the collection Department, before they can go through the suspension or closure procedures. Tenth mining right holder must be in the collection of the Department within the prescribed time limit for Geithner to declare, fill in the application form for payment of the compensation fees for mineral resources contained in mineral, mineral name, capacity, sales volume, sales prices, sales revenue, approved (design) of mining recovery and actual mining recovery and data.

    Collection Department na returns after the examination and verification, as evidence of the mining right Nafe.

    Mining right holder cannot be accurately provided levying compensation fees for mineral resources data, collection Department audited results as evidence of the mining right Nafe.

    11th acquisition units and individuals is not satisfied that the compensation fees for mineral resources mineral, approved by the jurisdiction is imposed by the Department to fulfil obligation to withhold payment of compensation fees for mineral resources.

    12th mining rights can be applied to bank transfers or cash settlement payment of compensation fees for mineral resources.
By bank transfer to pay compensation fees for mineral resources, na fee shall be levied by authorities after the audit declaration form, fill in the special Bill of payment of compensation for mineral resources, and to charge local Treasury or Treasury Department pay.

    Of mineral resources compensation fees in cash, paid by the mining right to levy direct and levied by sector according to the mineral resources of special receipts for collection and payment of compensation, and summarized to fill out the special Bill of payment of compensation for mineral resources, and to charge local Treasury or Treasury Department pay in a timely manner.

    The special Bill of payment compensation for mineral resources, and special receipts for the collection and payment of compensation by the provincial financial Department, in conjunction with the provincial administration of land and resources management.

    13th as the State regulations require exemption or reduction of compensation fees for mineral resources, should be on this year's exemption from or reduction of reason, duration and scope of application in writing, accompanied by relevant information submitted to the collection Department.

    Is imposed by the sector since mining right received from or with applications for reduction of 15th in conjunction with the financial sector in the audit opinion, submitted to the provincial land and resource management Department, which in conjunction with the provincial Finance Department decision on whether to approve at the 30th.

    An application for reduction for more than 500,000 yuan, provincial land and resource management in conjunction with the Ministry of finance signed comments, submitted to the provincial people's Government for approval.

    14th people's Governments above the county level compensation fees for mineral resources in land and resource management is responsible for the collection of statistics, preparation of mineral resource compensation fee collection of relevant reports, escalation management of land and resources, with a copy to financial departments at the same level.

    Chapter III management and use

    15th is disposal of compensation fees for mineral resources in the province into the provincial financial budget, the implementation of project management, no unit or individual shall misappropriate.

    Compensation fees for mineral resources exploration, utilization and conservation of mineral resources protection and collection sector supplement.

    16th geological exploration, utilization and conservation of mineral resources protection and collection of sector specific measures for the management and use of supplementary funding managed by the provincial financial Department, in conjunction with the provincial land and resources department.

    Chapter fourth inspection and monitoring

    17th is imposed by the Department in the collection and management of the exercise the following powers: (a) survey, asking about mining right holder and other persons, (ii) collect or obtain Nano-related files, documents and related information;

    (C) consult and copy required for calculating mineral resource compensation fee of original documents, notes, books, accounting documents and reports, and (iv) enter the premises of the mining right or mineral products, processing location checks fee payable minerals.

    18th mining right holder must accept checks imposed according to law, provide truthful information, and may not refuse or conceal.

    19th imposing officer in the execution of their duties, should produce a certificate of administrative law enforcement and have an obligation to keep secret for the person being checked.

    20th is imposed by the superior has the right to check and supervises the levy is imposed by the Department.

    Financial sector in accordance with the terms of reference of the mineral resource compensation fee collection work supervision and inspection.

    21st levels of pricing, banking, tax, business, transportation, Mines Department and other relevant departments, should support and assist in the land and resources administrative departments at the same level of compensation fees for mineral resources collection and supervision and inspection work.

    Fifth chapter of rewards and punishment 22nd on mineral resource compensation fee is imposed by outstanding achievements of departments and individuals, by the provincial Department of land and resources administration for encouragement and reward.

    Award funding expenditures to fund their work. Article 23rd fails to pay the compensation fees for mineral resources and mining rights, and collection departments issue notice of reminders of the compensation fees for mineral resources, ordered to pay.

    The mining right of publication still does not pay the levy sector apply to the people's Court for compulsory execution.

    24th article on violation this implementation approach has following behavior one of of, by levy sector in accordance with mineral resources compensation fee levy management provides give punishment: (a) not by provides submitted mineral resources compensation fee declared table and about information; (ii) pseudo baokuang species, hidden mineral production, and sales number, and sales price, and actual mining recovery and the about situation,; (three) not regular full paid mineral resources compensation fee; (four) not in deadline within fill paid mineral resources compensation fee.

    Article 25th levy is imposed by the Department and its staff under the compensation fees for mineral resources management regulations and the measures for the implementation of interception, sitting, misappropriation, unauthorized partition of mineral resources compensation fees and fines, as well as in the collection of power for personal gains and bribes, monitored by the administrative authority or the competent Department directly responsible to the supervisor and the other persons, shall be subject to appropriate sanctions.

    The sixth chapter supplementary articles 26th article of the implemented measures shall be issued from the date of promulgation.