The Ministry of Industry and Information Technology publicly solicits opinions on the "Rare Earth Management Regulations (Draft for Soliciting Opinion

Article 1 [Legislative Purpose] In order to standardize the management of the rare earth industry, ensure the rational development and utilization of rare earth resources, promote the sustainable and healthy development of the rare earth industry, and protect the ecological environment and resource safety, this regulation is formulated.
Article 2 [Scope of Application] These Regulations shall apply to activities such as rare earth mining, smelting separation, metal smelting, comprehensive utilization, and product circulation within the territory of the People's Republic of China.
Article 3 [Management System] The State Council shall establish a coordination mechanism for rare earth management, study and decide on major policies for rare earth management, and coordinate and solve major problems in rare earth management.
The industrial and information technology departments of the people's governments at or above the county level are responsible for the management of the rare earth industry. Departments such as development and reform, public security, finance, natural resources, ecological environment, commerce, emergency management, state-owned assets, customs, taxation, and market supervision and management are responsible for rare earth management within their respective responsibilities.
Article 4 【 Planning Formulation 】 The competent department of industry and information technology under the State Council shall, in conjunction with relevant departments under the State Council, formulate development plans for the rare earth industry, regulate, guide, and promote the sustained and healthy development of the rare earth industry.
Article 5 [Technological Progress] The state encourages scientific and technological innovation and talent cultivation in the fields of rare earth exploration and mining, smelting and separation, metal smelting, and comprehensive utilization, and supports the research and development and industrialization of new rare earth products, materials, and processes.
Article 6 [Mining Management] Engaging in rare earth mining shall be carried out in accordance with the provisions of relevant laws and administrative regulations on mineral resource management.
Article 7 [Project Approval] Investment in the construction of rare earth mining projects or rare earth smelting separation projects shall go through approval procedures in accordance with the provisions of the "Regulations on the Administration of Approval and Filing of Enterprise Investment Projects". Without approval, no unit or individual shall invest in the construction of rare earth mining or rare earth smelting separation projects.
The project approval authority shall submit the list of approved rare earth mining and rare earth smelting separation investment projects to the competent department of industry and information technology under the State Council, which shall regularly disclose it to the public.
Article 8 [Total Amount Indicator Management] The state implements total amount indicator management for rare earth mining and rare earth smelting separation. The competent department of industry and information technology of the State Council, in conjunction with the development and reform, natural resources and other departments of the State Council, will study and formulate indicators for the total amount of rare earth mining and rare earth smelting separation based on the development plan of the rare earth industry, mineral resource planning, and national industrial policies, taking into account factors such as environmental carrying capacity, resource potential, market demand, and the level of mining and smelting separation technology. After approval by the State Council, these indicators will be announced to the public.
In order to protect natural resources and ecological environment, the state may take necessary measures to restrict or stop rare earth mining and rare earth smelting separation.
Article 9 【 Indicator Use Plan 】 The competent department in charge of industry, information technology, and natural resources under the State Council shall, based on the total amount indicators approved by the State Council, comprehensively consider the following factors to determine the total amount indicator use plan:
（1） Requirements for national regional economic policies and rare earth industry layout;
（2） Enterprise production capacity and production and operation situation;
（3） Implementation status of total amount indicators for the previous year;
（4） The efficiency of raw material conversion, safety production, green environmental protection, intelligent manufacturing, etc.
Article 10 [Enterprise Implementation] Rare earth mining enterprises and rare earth smelting and separation enterprises shall comply with the industrial and information technology requirements of the State Council