Interim Measures for Total Quota Control Management of Rare Earth Mining and Smelting Separation
(Promulgated on July 28, 2025, by Order No. 71 of the Ministry of Industry and Information Technology, the National Development and Reform Commission, and the Ministry of Natural Resources, effective upon promulgation.)
Article 1 To strengthen the total quota control management of rare earth mining and smelting separation, 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 national provisions.
Article 2 The term "rare earth mining" as used in these measures refers to the process of extracting and beneficiating various types of rare earth raw ores, such as bastn?site, ion-adsorption rare earth ores, and mixed rare earth ores, to produce rare earth mineral products.
The term "rare earth smelting separation" as used in these measures refers to the process of processing rare earth mineral products into various single or mixed rare earth oxides, salts, and other compounds.
Article 3 The state implements total quota control management for rare earth mining (including rare earth mineral products) and for the smelting separation of various rare earth mineral products (including monazite concentrates) obtained through mining, imports, 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 nationwide total quota control management of rare earth mining and smelting separation.
The industrial and information technology, as well as natural resources, departments of people’s governments at or above the county level are responsible for the total quota control management of rare earth mining and smelting separation within their respective administrative regions, according to their respective duties.
Article 5 The Ministry of Industry and Information Technology, in conjunction with the Ministry of Natural Resources and the National Development and Reform Commission, will study and formulate annual total control quotas for rare earth mining and smelting separation (hereinafter referred to as "total control quotas") based on national economic development goals, differences in rare earth resource reserves and types, rare earth industry development, 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, will, based on the total control quotas approved by the State Council, comprehensively consider factors such as the production capacity, technical level, and environmental and safety standards of rare earth production enterprises. They will refine and allocate the total control quotas to rare earth mining and smelting separation enterprises (hereinafter collectively referred to as "rare earth production enterprises") and notify the industrial and information technology, as well as natural resources, departments of the relevant provincial people’s governments.
The industrial and information technology, as well as natural resources, departments of provincial people’s governments shall notify the industrial and information technology, as well as natural resources, departments of the people’s governments at or above the county level where the rare earth production enterprises are located regarding the allocation of total control quotas.
Article 7 Rare earth production enterprises must strictly comply with laws, administrative regulations, and relevant national provisions, engaging in rare earth mining and smelting separation within the limits of the total control quotas.
Rare earth production enterprises shall be determined by the Ministry of Industry and Information Technology in conjunction with the Ministry of Natural Resources.
Except for enterprises determined under the preceding paragraph, no other organizations or individuals may engage in rare earth mining or smelting separation.
Article 8 Rare earth production enterprises are responsible for the implementation of their respective total control quotas.
Article 9 Rare earth production enterprises shall promptly report the monthly and annual implementation status of their total control quotas to the industrial and information technology, as well as natural resources, departments of the county-level people’s government where they are located.
The industrial and information technology, as well as natural resources, departments of people’s governments at or above the county level shall compile the monthly and annual total control quota implementation status of rare earth production enterprises within their administrative regions and report them in a timely manner to the industrial and information technology, as well as natural resources, departments of the next higher level people’s government.
Article 10 Rare earth production enterprises shall establish a rare earth product flow tracking system, accurately recording rare earth product flow information, and enter the previous month’s rare earth product flow information 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 of each month.
Article 11 Rare earth production enterprises shall fulfill obligations to protect network and data security, establish and improve internal network and data security management systems, enhance their network and data security protection levels, and ensure the security of their networks and data.
Article 12 The industrial and information technology, as well as natural resources, departments of people’s governments at or above the county level shall strengthen supervision and inspection of the implementation of total control quotas and other matters. They shall investigate and penalize illegal activities in accordance with the law, strictly adhere to legal, administrative regulations, and State Council provisions regarding administrative inspections of enterprises, ensuring that supervision and inspections are legally based, strictly standardized, fair, civilized, and efficiently precise.
The industrial and information technology, as well as natural resources, departments of people’s governments at or above the county level shall promptly report the handling of illegal activities to the industrial and information technology, as well as natural resources, departments of the next higher level people’s government.
The industrial and information technology, as well as natural resources, departments of provincial people’s governments shall report the overall supervision and inspection status of total control quotas within their administrative regions to the Ministry of Industry and Information Technology and the Ministry of Natural Resources by the end of December each year.
Article 13 Where rare earth production enterprises violate these measures or refuse or obstruct the lawful performance of supervisory inspection duties by the relevant departments, the industrial and information technology, as well as natural resources, departments of people’s governments at or above the county level shall, according to their respective duties, order corrections and impose penalties in accordance with the Mineral Resources Law of the People’s Republic of China and the Rare Earth Management Regulations.
Article 14 Where rare earth production enterprises violate these measures and are subject to administrative penalties, their total control quotas for the following year shall be reduced.
Article 15 Staff members of the industrial and information technology, natural resources, and development reform departments who abuse their authority, neglect their duties, or engage in favoritism and malpractice in the total quota control management of rare earth mining and smelting separation shall be subject to disciplinary action in accordance with the law.
Article 16 Where violations of these measures constitute breaches of public security management, administrative penalties shall be imposed in accordance with the law; where they constitute crimes, criminal liability shall be pursued in accordance with the law.
Article 17 These measures shall take effect upon promulgation. The Notice on Issuing the Interim Measures for the Management of Mandatory Production Plans for Rare Earth (Ministry of Industry and Information Technology Order [2012] No. 285), promulgated on June 13, 2012, shall be repealed simultaneously.
