Jiangxi: These four scenarios will no longer be subject to the collection of proceeds from the transfer of mineral rights.
Release time:
2018-10-24
Source:
8 Moon 30 In the morning, the Press Office of the Jiangxi Provincial Government, the Provincial Department of Finance, and the Provincial Department of Natural Resources held a press conference. At the conference, Pan Changkun, member of the Party Leadership Group and Deputy Director of the Jiangxi Provincial Department of Finance, and others introduced details about the newly issued “Implementation Measures for the Collection and Management of Revenue from the Transfer of Mineral Rights in Jiangxi Province.”
For a long time, the fees for prospecting rights and mining rights ( Collectively referred to as mining rights fees. ) It has always been an important component of China’s system for the paid acquisition of mineral resources. However, in the process of establishing and improving this paid-acquisition system, prominent issues have emerged, including insufficient market competition, inadequate implementation of paid-use practices, and an imperfect institutional framework. To further streamline the tax and fee system for mineral resources, appropriately regulate revenue from mineral resources, and establish a new system of mineral resource rights fees that is tailored to China’s specific characteristics, the central government has successively implemented reforms to the transfer of mining rights and the system of mineral resource rights fees.
In principle, the proceeds from the transfer of mining rights shall be collected in the form of a transfer fee.
The reporter learned that these Implementation Measures are divided into General Provisions, Collection and Management, Deposit into the Treasury and Profit Sharing, Supervision and Administration, and Supplementary Provisions. 5 This section, in total 31 Article.
The Implementation Measures clarify the budgetary management approach and fiscal guarantee scope for revenues from the transfer of mineral rights. It is specified that revenues from the transfer of mineral rights are shared income between the central and local governments and are incorporated into general public budget management. The fiscal authorities at the same level shall ensure that these funds are used for geological exploration. ( adjust ) Expenditures related to investigation, ecological restoration of mining areas, costs of transferring mining rights, and the protection and management of mineral resource exploration, development, and utilization.
The Implementation Measures clarify the methods for collecting revenue from the transfer of mineral rights and the principles governing the reserve prices for such transfers. In principle, revenue from the transfer of mineral rights shall be collected in the form of a transfer fee; however, it is also permissible to explore collection methods that combine a transfer yield rate with the transfer fee itself. When the revenue from the transfer of mineral rights is based on the transfer fee, the reserve price for such revenue shall not be lower than the benchmark price for the mineral rights market. When the revenue is based on the transfer yield rate, the reserve price shall be determined by the benchmark rate for revenue from the transfer of mineral rights. The measures also specify the authorities responsible for setting the benchmark price for the mineral rights market and the benchmark rate for revenue, as well as the approval procedures involved.
The reporter learned at the meeting that the so-called “yield rate of transfer” refers to the proportion of mining rights transfer revenue relative to the sales revenue from mineral products. The mining rights transfer revenue determined by the yield rate is collected annually during mine exploitation. The calculation formula is: Annual Mining Rights Transfer Revenue. = Mining rights transfer revenue rate × Annual sales revenue from mineral products.
These four scenarios will no longer be subject to the revenue from the transfer of mineral rights.
The Implementation Measures clarify the circumstances under which mineral rights holders shall pay transfer revenues both before and after the measures take effect, as well as the situations in which no transfer revenue will be collected. It is clarified that these Implementation Measures shall come into force from... 2017 Year 7 Moon 1 The Seven Types of Mining Rights After the Date of Implementation ( Application ) The circumstances under which individuals should pay the proceeds from the transfer of mining rights, as well as the four circumstances in which such proceeds are not to be collected; to ensure smooth policy transition, five additional circumstances requiring payment of mining-rights-transfer proceeds prior to the implementation date have also been clarified.
The Implementation Measures specify the amount and deadline for the payment of proceeds from the transfer of mining rights. It clarifies that if the proceeds from the transfer of mining rights are below the prescribed threshold, they shall be paid in a single lump sum; if they exceed the prescribed threshold, the initial payment shall account for no less than a certain percentage of the total amount. 20% The balance should be subject to different payment deadlines based on the scale of proven resource reserves—namely, large-scale. 10 Year, mid-sized 5 Year, small 3 Year.
So, under what circumstances can the mineral rights transfer revenue no longer be collected for exploration and mining rights obtained prior to the implementation of these Implementation Measures? “ There are four main scenarios: (1) A prospecting right obtained through prior application has been converted into a mining right and has undergone paid disposal, except in cases where the mineral species have been changed or added, or additional resource reserves have been identified. (2) A prospecting right obtained through bidding, auction, listing, or negotiated transfer has been converted into a mining right, except in cases where the mineral species have been changed or added, or additional resource reserves have been identified. (3) A prospecting right that has undergone paid disposal has been converted into a mining right, except in cases where the mineral species have been changed or added. (4) A mining right obtained through bidding, auction, listing, or negotiated transfer, except in cases where additional resource reserves or new mining species have been identified within the mining area. ” Gong Jian, Deputy Inspector of the Jiangxi Provincial Department of Natural Resources and Land, stated at the meeting.
The revenue-sharing ratio has been revised! The revenue-sharing arrangement between the central and local governments is now... 2:8 Change 4:6
The reporter learned at the meeting that the Implementation Measures also clearly specify the sharing proportions of revenue from the transfer of mineral rights among the central, provincial, prefectural-level city, and county governments, depending on their respective licensing authorities. The new policy will carry forward the original revenue-sharing ratios between the central and local governments, while giving slightly more weight to the primary-level authorities responsible for approval and licensing.
Specifically, there are four scenarios: First, those licensed by the State Council and provincial-level authorities responsible for mineral resources—according to... 40:35:5:20 the proportion of the division; second, except for the conversion of prospecting rights into mining rights, permits issued by the mineral resource authorities of prefecture-level cities shall be handled according to... 40:10:30:20 the proportion of the division; third, those issued by the county-level mineral resource authorities shall be allocated according to... 40:5:10:45 The proceeds from the transfer of mining rights directly derived from exploration results generated by geological exploration fund projects shall be shared among fiscal funds in accordance with the proportion of shares allocated by the State Council and the provincial-level authorities responsible for mineral resources.
“ Originally, when collecting fees for mining rights, the revenue-sharing ratio between the central and local governments was... 2:8 , after switching to the collection of land grant revenue, the profit-sharing ratio is: 4:6 The central government's share of revenue has increased. 2 If this is the case, our province’s share of revenue will accordingly decrease. When determining the allocation ratios among the provincial, municipal, and county levels, we will adopt the principle of seamlessly transitioning from the old to the new policy by maintaining the original four-tier division—central, provincial, municipal, and county—based on the original mineral rights payment proportions, while giving greater weight to the primary level responsible for approval and licensing. This approach will help stabilize the local fiscal landscape more effectively and strike a balance between the interests of the provincial level and those of the municipalities and counties. ” Gao Ruiling, Director of the First Division of Economic Construction at the Jiangxi Provincial Department of Finance, said at the meeting.