Interim Measures for the Administration of Total Quantity Control of Rare Earth Mining and Smelting Separation

(Promulgated by Order No. 71 of the Ministry of Industry and Information Technology, the National Development and Reform Commission, and the Ministry of Natural Resources on July 28, 2025, effective as of the date of promulgation.)

Article 1 These Measures are formulated in accordance with the Mineral Resources Law of the People’s Republic of China, the Rare Earth Management Regulations, and other relevant laws, administrative regulations, and state provisions, to strengthen the administration of total quantity control for rare earth mining and smelting separation.

Article 2 For the purposes of these Measures, "rare earth mining" refers to the production process of mining and beneficiating various types of rare earth raw ores, such as bastnaesite, ion-adsorption rare earth ores, and mixed rare earth ores, to produce rare earth mineral products.

"Rare earth smelting separation" refers to the production process of processing rare earth mineral products to generate various types of single or mixed rare earth oxides, salts, and other compounds.

Article 3 The state implements total quantity control management for rare earth mining (including rare earth mineral products, etc.) and for the smelting separation of various types of rare earth mineral products (including monazite concentrate) obtained through mining, importation, or processing of other minerals.

Article 4 The Ministry of Industry and Information Technology, in conjunction with the Ministry of Natural Resources and the National Development and Reform Commission, is responsible for the national administration of total quantity control for rare earth mining and smelting separation.

The competent departments of industry and information technology and natural resources of local people’s governments at or above the county level shall be responsible for the administration of total quantity control for rare earth mining and smelting separation within their respective administrative regions according to their duty assignments.

Article 5 The Ministry of Industry and Information Technology, in conjunction with the Ministry of Natural Resources and the National Development and Reform Commission, shall study and formulate annual total control indicators for rare earth mining and smelting separation (hereinafter referred to as the "total control indicators") based on factors such as national economic development goals, the reserves and variety differences of national rare earth resources, the development of the rare earth industry, ecological protection, and market demand, and submit them to the State Council for approval.

Article 6 The Ministry of Industry and Information Technology, in conjunction with the Ministry of Natural Resources, shall, based on the total control indicators approved by the State Council and comprehensively considering factors such as the production capacity, technical level, and environmental protection and safety performance of rare earth production enterprises, refine and allocate the total control indicators, issue them to rare earth mining enterprises and rare earth smelting separation enterprises (hereinafter collectively referred to as "rare earth production enterprises"), and notify the competent departments of industry and information technology and natural resources of the relevant provincial people’s governments.

The competent departments of industry and information technology and natural resources of provincial people’s governments shall notify the competent departments of industry and information technology and natural resources of local people’s governments at or above the county level where the rare earth production enterprises are domiciled about the issuance of the total control indicators.

Article 7 Rare earth production enterprises shall strictly comply with laws, administrative regulations, and relevant state provisions, and engage in rare earth mining and smelting separation within the scope of the total control indicators.

Rare earth production enterprises shall be designated by the Ministry of Industry and Information Technology in conjunction with the Ministry of Natural Resources.

Except for enterprises designated in accordance with the preceding paragraph, no other organizations or individuals may engage in rare earth mining or rare earth smelting separation.

Article 8 Rare earth production enterprises shall be responsible for the implementation of their respective total control indicators.

Article 9 Rare earth production enterprises shall promptly report the monthly and annual implementation status of their total control indicators to the competent departments of industry and information technology and natural resources of the county-level people’s government where they are domiciled.

The competent departments of industry and information technology and natural resources of local people’s governments at or above the county level shall compile the monthly and annual implementation status of the total control indicators of rare earth production enterprises within their administrative regions and promptly report them to the competent departments of industry and information technology and natural resources of the people’s government at the next higher level.

Article 10 Rare earth production enterprises shall establish a rare earth product flow record system, accurately record rare earth product flow information, and input the flow information for the previous month into the rare earth product traceability information system established by the Ministry of Industry and Information Technology in conjunction with relevant departments by the 10th day of each month.

Article 11 Rare earth production enterprises shall fulfill their obligations for network and data security protection, establish and improve internal network and data security management systems, enhance the level of enterprise network and data security protection, and ensure the security of enterprise networks and data.

Article 12 The competent departments of industry and information technology and natural resources of people’s governments at or above the county level shall strengthen supervision and inspection of the implementation of total control indicators, investigate and address

violations in accordance with the law, strictly implement legal and administrative regulations as well as the State Council’s requirements for administrative inspections involving enterprises, and ensure that supervision and inspections are law-based, strictly standardized, fair and civil, precise and efficient.

The competent departments of industry and information technology and natural resources of local people’s governments at or above the county level shall promptly report the investigation and handling of violations to the competent departments of industry and information technology and natural resources of the people’s government at the next higher level.

The competent departments of industry and information technology and natural resources of provincial people’s governments shall, by the end of December each year, report the overall supervision and inspection of total control indicators within their administrative regions to the Ministry of Industry and Information Technology and the Ministry of Natural Resources.

Article 13 If a rare earth production enterprise violates the provisions of these Measures or refuses or obstructs the supervision and inspection department from performing its duties in accordance with the law, the competent departments of industry and information technology and natural resources of the people’s government at or above the county level shall, according to their duty assignments, order it to make corrections and impose penalties in accordance with the Mineral Resources Law of the People’s Republic of China, the Rare Earth Management Regulations, and other relevant laws and administrative regulations.

Article 14 If a rare earth production enterprise violates the provisions of these Measures and is subject to administrative penalties, its total control indicators for the following year shall be reduced.

Article 15 If staff members of the competent departments of industry and information technology, natural resources, or development and reform abuse their authority, neglect their duties, or engage in misconduct for personal gain in the administration of total quantity control for rare earth mining and smelting separation, they shall be subject to sanctions in accordance with the law.

Article 16 Violations of these Measures that constitute violations of public security management shall be subject to public security administration penalties in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

Article 17 These Measures shall take effect from the date of promulgation. The Notice on Issuing the Interim Measures for the Administration of Mandatory Rare Earth Production Planning (MIIT Raw [2012] No. 285) promulgated by the Ministry of Industry and Information Technology on June 13, 2012, is simultaneously repealed.