|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
Article 1. These Provisions are formulated in accordance with the relevant laws and regulations of the state in order to deepen the reform of utilization of foreign investments in rare-earth industry, promote the sustainable, rapid and healthy development of the rare-earth industry in China, and realize the strategic target of converting the advantages of rare-earth resources into economic advantages. Article 2. These Provisions shall apply to the establishment of Chinese-foreign joint venture enterprises, Chinese-foreign cooperative enterprises, wholly foreign-owned enterprises and foreign-funded joint stock limited companies in the rare-earth industry inside the territory of China as well as other activities involving foreign investments in the rare-earth industry. Article 3. Foreign-funded projects in the rare-earth industry may be divided into three categories, namely, mine, smelting and separation, intensive processing and application (please refer to attached Categories I, II and III for specific products). (1) Rare-Earth Mines Foreign investors are prohibited from establishing rare-earth mining enterprises inside the territory of China. (2) Smelting and Separation of Rare Earth Wholly foreign-owned projects of smelting and separation of rare earth (limited to joint venture and Chinese-foreign cooperation) are not permitted to establish. (3) Intensive Processing and Application of Rare Earth 1. Foreign investors are encouraged to invest in intensive processing of rare earth, new materials of rare earth and application products of rare earth. 2. For the investment by foreign investors in application products of rare earth, if there are otherwise provisions for the industry to which such products belong, such industrial provisions shall be complied with. Article 4. If any Chinese enterprise which intends to build up a project of smelting and separation of rare earth through joint venture or cooperation with a foreign investor and which directly engaged in the production and operation of rare-earth mining before, the assets and business related to the mining shall not be included in the scope of joint venture. Article 5. Procedures for Examining and Approving Foreign-Funded Projects in the Rare-Earth Industry are the following: (1) The projects in the category of smelting and separation of rare earth shall, regardless of the investment amount, all be submitted by the planning commissions of the provinces, autonomous regions, municipalities directly under the Central Government and cities directly under state planning to the State Development Planning Commission for examination and approval. The State Development Planning Commission shall carry out the examination and approval in accordance with the state's policies on the rare-earth industry and the medium and long-term development planning. No province, autonomous region, municipality directly under the Central Government or city directly under state planning shall have the right to examine and approve such projects; (2) Since the projects in the category of intensive processing and application products of rare earth belong to the encouraged category of foreign-funded projects, the scope of power to approve such products may be appropriately transferred to the lower levels. Such a project with the total investment amount of less than 30 million USD may be examined and approved by each planning commission itself, but shall be submitted to the State Development Planning Commission for record. The projects with the total investment amount of 30 million USD or more shall be submitted by the planning commission of each province, autonomous region, municipality directly under the Central Government or city directly under state planning to the State Development Planning Commission for examination and approval. Article 6. The procedures for examining and approving the establishment of foreign-funded enterprises in the rare-earth industry shall be subject to the relevant provisions of the state. In case an investment project is involved in quota or license, the establisher must apply to the department of foreign trade and economic cooperation for the quota or license. Article 7. Where any foreign investor intends to establish a joint stock limited company in the rare-earth industry inside the territory of China with a Chinese company, enterprise or economic organization, and applies to be on listing either inside or outside the territory, the joint stock limited company shall be established in accordance with the relevant provisions of the state. Article 8. The shares of a Chinese legal person in any company listed inside the territory of China that engages in the production of smelting and separation products of rare earth, shall not be transferred to foreign parties. Article 9. If any enterprise inside the territory of China engaging in the production of smelting and separation products of rare earth intends to be listed outside the territory, it shall comply with the relevant provisions of the state. After the listing, the major change in capital, transfer and modification of share rights must be submitted to the State Development Planning Commission for approval. Article 10. Any major change in capital due to the division and merger of a foreign-funded enterprise in the rare-earth industry or other reasons must be submitted to the original institution that approved the establishment of the enterprise. The formalities of modification registration shall be gone through at the administrative organ for industry and commerce. Article 11. A foreign-funded enterprise in the rare-earth industry must, when engaging in its production and operation inside the territory of China, abide by the laws and regulations of the People's Republic of China, and shall not damage the public benefits of China. It shall meanwhile enjoy all the taxation preferences stipulated by the state or the government of the place where the enterprise is located and other preferential policies in accordance with the law. Article 12. If any foreign-funded project, any foreign-funded project applicant or any functionary in the approving organ violates these Provisions, punishments shall be imposed in accordance with the relevant provisions in the Provisions Guiding the Directions of Foreign Investments. Article 13. The establishment of foreign-funded projects in the rare-earth industry by overseas Chinese, investors from Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Region shall be executed with reference to these Provisions. Article 14. The power to interpret these Provisions shall remain with the State Development Planning Commission. Article 15. These Provisions shall come into force as of August 1, 2002. Attachments: Category I Scope of Rare-Earth Mineral Products Category II Scope of Rare-Earth Smelting and Separation Products Category III Scope of Rare-Earth Intensive Processing and Application Products ATTACHMENTS: CATEGORY I SCOPE OF RARE-EARTH MINERAL PRODUCTS 1. Bastnaesite. 2. Monazite. 3. Xenotime. 4. Ionic mineral products: including high-grade europium mixed rare-earth oxides (europium concentrate, high-grade europium concentrate, mixed rare-earth oxides), high-grade yttrium mixed rare-earth oxides (yttrium concentrate, high-grade yttrium concentrate, high-grade yttrium oxides, mixed rare-earth oxides). 5. Other rare-earth mining products. CATEGORY II SCOPE OF RARE-EARTH SMELTING AND SEPARATION PRODUCTS 1. Rare-Earth Metals: including all of rare-earth metals such as lanthanum, cerium, praseodymium, neodymium, promethium, samarium, europium, gadolinium, terbium, dysprosium, holmium, erbium, thulium, ytterbium, lutetium, scandium, yttrium, either single or mixed. 2. Alloys: various kinds of rare-earth alloys of the above said seventeen kinds of elements (including flint). 3. Rare-Earth Salts: rare-earth salts of the above said seventeen kinds of elements, either single or mixed. 4. Rare-Earth Oxides: rare-earth oxides of the above said seventeen kinds of elements, either single or mixed. 5. Other rare-earth compounds (including concentrate): for example, compounds of various kinds of metals like lanthanum boride, etc.. CATEGORY III SCOPE OF RARE-EARTH INTENSIVE PROCESSING AND APPLICATION PRODUCTS 1. polishing powder; rare-earth products for agricultural use; various kinds of rare-earth activators; various kinds of rare-earth metal threads, sticks, foils, either single or mixed; magnetic materials such as samarium-cobalt alnico, neodymium-iron-boron alnico; fluorescent materials like three basic-color lamp powder, etc.; various kinds of rare-earth crystal materials; various kinds of new rare-earth materials like magnet flexible rare-earth materials. 2. relevant downstream rare-earth application products, such as rare-earth permanent magnet machine, etc.. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|