China Announces Mineral Resources Law Implementation Regulations to Strengthen Strategic Control

China has announced the "Implementation Regulations for the Mineral Resources Law," effective June 15, to strengthen control over mineral resources. The regulations will impose harsher penalties for illegal activities involving strategic minerals. Experts note this marks a new phase in the institutional protection of China's mineral resource security.
政策NQ 73/100出典:PR Times

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(CNA, Shanghai, May 21, by reporter Liao Wen-chi) China has announced the "Implementation Regulations for the Mineral Resources Law" to strengthen control over mineral resources, with particularly severe penalties for related illegal activities involving strategic mineral resources. Experts point out that the regulations mark a new stage in the institutional protection of China's mineral resource security. According to a Xinhua News Agency report, Chinese Premier Li Qiang signed a State Council decree to promulgate the "Implementation Regulations for the Mineral Resources Law," which will take effect on June 15. The regulations, consisting of 8 chapters and 79 articles, primarily cover five major aspects: first, further improving the mining rights system; second, detailing the systems for mineral resource exploration and extraction; third, detailing the systems for ecological restoration in mining areas; fourth, further improving the mineral resource reserve and emergency systems; and fifth, further improving the supervision and management systems. Hong Kong media outlet Wen Wei Po reported that the regulations strengthen full-chain management for strategic mineral resources vital to national security—from exploration, mining, supply, storage, to sales—and establish a mechanism for severe punishment for illegal mining. The regulations stipulate that for specific strategic mineral resources identified by the State Council, protective extraction measures such as planning control, total quantity control, and limiting mining entities will be implemented in accordance with laws, administrative regulations, and relevant state provisions. Strategic mineral resources included in production-area reserves may not be mined or overlaid without the approval of the State Council's competent department for natural resources. "Illegal activities such as unauthorized mining involving strategic mineral resources will be subject to heavier penalties within the statutory range." The regulations also stipulate that foreign investment in the exploration and extraction of mineral resources that affects or may affect national security will undergo a security review in accordance with relevant state provisions. The report quotes Sun Xiaolei, a professor at the School of Economics and Management at Beihang University, who pointed out that the regulations signify a new stage in the institutional protection of China's mineral resource security. She stated that resource security is a matter of national security, especially for strategic key minerals like rare earths and lithium, which have significant strategic value in national defense, energy transition, and national resource security. She pointed out that the core of the regulations is to prioritize resource security, impose strong control over strategic minerals, improve the mineral resource reserve and emergency systems, centralize mining rights, and implement lifelong accountability for ecological damage, further promoting the legalization and standardization of mineral resource security protection. In addition, the regulations also stipulate that carrying out overseas mineral resource development and utilization should safeguard national interests and public interests, comply with Chinese laws and regulations as well as the relevant laws of the host country or region, and legally accept the management and supervision of relevant Chinese departments and diplomatic missions abroad. Sun Xiaolei believes that carrying out overseas mineral

FAQ

中國公布「礦產資源法實施條例」的主要目的是什麼?

主要目的是加強對礦產資源的管控,特別是保障涉及國家安全的戰略性礦產資源,確保資源安全。

該條例何時開始實施?

條例自2024年6月15日起施行。

條例對「戰略性礦產資源」有何特別規定?

條例規定對國務院確定的戰略性礦產實行保護性開採,且未經批准開採等違法行為將在法定幅度內從重處罰。

此條例對外商投資有何影響?

外商投資若涉及勘查、開採礦產資源,且可能影響國家安全,將需要依照國家規定進行安全審查。

專家如何解讀此條例的意義?

北京航空航天大學教授孫曉蕾指出,該條例標誌著中國對礦產資源安全的制度性保護進入新階段,核心是將資源安全列為優先,並推動礦產資源安全保護的法治化與規範化。