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Mineral Legal Perspective | Shandong Provincial Department of Natural Resources released the latest benchmark price of mining rights market in Shandong Province.

Published:

2023-02-02

In accordance with the Ministry of Finance and the former Ministry of Land and Resources "on the issuance of the Interim Measures for the Collection and Administration of Mining Rights Transfer Income" (Caizong [2017] No. 35) requirements, the Provincial Department of Natural Resources organized the formulation (adjustment) of the mining rights in Shandong Province Market benchmark price (including provincial and municipal), with the consent of the provincial government, is now announced. This base price shall be effective from February 1, 2023 and shall be valid until January 31, 2026. The original benchmark price of mining rights market in Shandong Province (including provincial and municipal levels) shall be abolished at the same time. 1. background and process The market benchmark price of mining rights (hereinafter referred to as the "benchmark price") is an important reference basis for the state, as the owner of mineral resources, to reasonably collect the proceeds from the transfer of mining rights from mining rights holders. Ministry of Land and Resources of the Ministry of Finance on the issuance<矿业权出让收益征收管理暂行办法>The notice (Caizong [2017] No. 35) stipulates that the benchmark price shall be regularly set by the local competent department of mineral resources with reference to similar market conditions, and shall be promulgated and implemented with the consent of the provincial people's government. The opinions of the former Shandong Provincial Department of Land and Resources on further strengthening the evaluation and management of the proceeds from the transfer of mining rights (No. 1, 2017) clearly: the Provincial Department of Natural Resources is responsible for the benchmark price of 13 minerals, such as deposit, iron and coal, and the municipal departments in charge of natural resources are responsible for formulating the benchmark price of other minerals in their administrative areas and reporting it to the provincial departments for examination and approval. In October 2018 and March 2019, with the consent of the provincial government, the Provincial Department of Natural Resources successively issued the mining rights of 14 minerals (increased ilmenite) at the provincial level, the benchmark prices of prospecting rights for 13 minerals, and the municipal level. The mining rights of 71 minerals and the benchmark prices of prospecting rights for 45 minerals. In July 2020, with the consent of the provincial government, the Provincial Department of Natural Resources issued a notice on the adjustment of the benchmark price of Yantai City. The benchmark price is dynamically adjusted according to the market situation, and the Provincial Department of Natural Resources has organized and carried out the adjustment of the benchmark price at the provincial and municipal levels, forming the "benchmark price of mining rights market in Shandong Province" (including provincial and municipal levels), which has been studied and approved by the executive meeting of the provincial government. 2. formulation basis The formulation of the benchmark price is mainly based on the guiding requirements for the formulation of the market benchmark price of mining rights in the Opinions of Shandong Provincial Department of Land and Resources on Further Strengthening the Evaluation and Management of the Income from the Transfer of Mining Rights (No. 1, 2017), taking into account the influencing factors such as resource reserves, mineral product prices, mining difficulty, mining technical conditions, transportation conditions, and regional differences, adjust or re-determine the benchmark price standard for the proceeds from the transfer of mining rights in different regions and different minerals on the basis of the current benchmark price. Main contents of 3. In accordance with the registration authority for the transfer of mining rights, combined with the actual development of mineral resources in our province, the provincial benchmark prices of 20 minerals, the mining rights of 78 minerals, and the municipal benchmark prices of prospecting rights of 43 minerals are formulated (adjusted) this time. 1. New benchmark prices at the provincial level. According to the notice of Shandong Provincial Department of natural resources on promoting the reform of mineral resources management (Lu natural resources regulation [2020] No. 2), the provincial level has newly formulated the benchmark prices of six minerals, including coalbed methane, shale gas, oil shale, fluorite, sea sand and carbon dioxide gas, and the benchmark rates of coal, iron, gold and rock salt. 2. There are benchmark price adjustments at the provincial level. First, the new benchmark price of most minerals is slightly higher than the current benchmark price. The second is to increase the adjustment coefficient of associated minerals. The third is to increase the adjustment coefficient of geothermal recharge. The fourth is to adjust the adjustment coefficient of rock salt burial depth. The fifth is to adjust the adjustment coefficient of prospecting right resources according to the Classification Standard for Solid Mineral Resources Reserves (GB/T17766-2020). 3. The new benchmark price at the municipal level. The five cities of Jinan, Qingdao, Weifang, Tai'an, and Heze have newly formulated the benchmark prices of mining rights for 15 minerals; the three cities of Zibo, Weifang, and Jining have newly formulated the benchmark prices of prospecting rights for 13 minerals. 4. There are already benchmark price adjustments at the municipal level. 11 cities including Jinan and Qingdao raised the benchmark price of mining rights for 65 minerals; 4 cities including Qingdao and Yantai lowered the benchmark price of mining rights for 15 minerals; the benchmark price of mining rights for 15 minerals in Yantai, Weihai and Rizhao remained unchanged; 7 cities including Qingdao and Dongying adjusted the benchmark price of prospecting rights for 36 minerals; and the benchmark price of prospecting rights for one mineral in Weihai remained unchanged. 4. noun interpretation 1. Market benchmark price of mining rights: refers to the benchmark price standard for the proceeds from the transfer of mining rights in different regions and different types of minerals determined within a certain period of time according to the influencing factors such as resource reserves, mineral product prices, mining difficulty, mining technical conditions, transportation conditions, regional differences, etc. In the process of the transfer of mining rights, the mining rights assessment agency shall assess the proceeds of the transfer and determine the proceeds of the agreement transfer shall not be lower than the market benchmark price of the mining rights. 2. The benchmark rate of mining right transfer income: refers to the benchmark rate of mining right transfer income levied according to the transfer rate of return (the ratio of mining right transfer income to the sales income of mineral products), which is determined by the provincial mineral resources department and the financial department, and According to the price changes of mineral products and the needs of economic development, timely adjustments shall be made, and announced and implemented after being approved by the provincial people's government. Competitive transfer of mining rights, with the transfer rate of return as the subject, the transfer proceeds floor price is determined by the mining rights transfer benchmark rate. In view of the fact that the Ministry of Natural Resources is studying and issuing relevant policy documents for the collection of proceeds from the sale of some minerals at the benchmark rate, the proceeds from the sale of relevant minerals are temporarily levied at the benchmark price announced this time, and the benchmark rate will be implemented in accordance with relevant regulations after the relevant documents of the Ministry of Natural Resources are issued. 5. Attachment Content Annex: 1. Benchmark Price of Mining Right Market in Shandong Province (Provincial Level) 2. Shandong mining rights market benchmark price (municipal level)</矿业权出让收益征收管理暂行办法>

1. background and process

The market benchmark price of mining rights (hereinafter referred to as the "benchmark price") is an important reference basis for the state, as the owner of mineral resources, to reasonably collect the proceeds from the transfer of mining rights from mining rights holders. Ministry of Land and Resources of the Ministry of Finance on the issuance <矿业权出让收益征收管理暂行办法> The notice (Caizong [2017] No. 35) stipulates that the benchmark price shall be regularly set by the local competent department of mineral resources with reference to similar market conditions, and shall be promulgated and implemented with the consent of the provincial people's government. The opinions of the former Shandong Provincial Department of Land and Resources on further strengthening the evaluation and management of the proceeds from the transfer of mining rights (No. 1, 2017) clearly: the Provincial Department of Natural Resources is responsible for the benchmark price of 13 minerals, such as deposit, iron and coal, and the municipal departments in charge of natural resources are responsible for formulating the benchmark price of other minerals in their administrative areas and reporting it to the provincial departments for examination and approval.

In October 2018 and March 2019, with the consent of the provincial government, the Provincial Department of Natural Resources successively issued the mining rights of 14 minerals (increased ilmenite) at the provincial level, the benchmark prices of prospecting rights for 13 minerals, and the municipal level. The mining rights of 71 minerals and the benchmark prices of prospecting rights for 45 minerals. In July 2020, with the consent of the provincial government, the Provincial Department of Natural Resources issued a notice on the adjustment of the benchmark price of Yantai City.

The benchmark price is dynamically adjusted according to the market situation, and the Provincial Department of Natural Resources has organized and carried out the adjustment of the benchmark price at the provincial and municipal levels, forming the "benchmark price of mining rights market in Shandong Province" (including provincial and municipal levels), which has been studied and approved by the executive meeting of the provincial government.

2. formulation basis

The formulation of the benchmark price is mainly based on the guiding requirements for the formulation of the market benchmark price of mining rights in the Opinions of Shandong Provincial Department of Land and Resources on Further Strengthening the Evaluation and Management of the Income from the Transfer of Mining Rights (No. 1, 2017), taking into account the influencing factors such as resource reserves, mineral product prices, mining difficulty, mining technical conditions, transportation conditions, and regional differences, adjust or re-determine the benchmark price standard for the proceeds from the transfer of mining rights in different regions and different minerals on the basis of the current benchmark price.

Main contents of 3.

In accordance with the registration authority for the transfer of mining rights, combined with the actual development of mineral resources in our province, the provincial benchmark prices of 20 minerals, the mining rights of 78 minerals, and the municipal benchmark prices of prospecting rights of 43 minerals are formulated (adjusted) this time.

1. New benchmark prices at the provincial level. According to the notice of Shandong Provincial Department of natural resources on promoting the reform of mineral resources management (Lu natural resources regulation [2020] No. 2), the provincial level has newly formulated the benchmark prices of six minerals, including coalbed methane, shale gas, oil shale, fluorite, sea sand and carbon dioxide gas, and the benchmark rates of coal, iron, gold and rock salt.

2. There are benchmark price adjustments at the provincial level. First, the new benchmark price of most minerals is slightly higher than the current benchmark price. The second is to increase the adjustment coefficient of associated minerals. The third is to increase the adjustment coefficient of geothermal recharge. The fourth is to adjust the adjustment coefficient of rock salt burial depth. The fifth is to adjust the adjustment coefficient of prospecting right resources according to the Classification Standard for Solid Mineral Resources Reserves (GB/T17766-2020).

3. The new benchmark price at the municipal level. The five cities of Jinan, Qingdao, Weifang, Tai'an, and Heze have newly formulated the benchmark prices of mining rights for 15 minerals; the three cities of Zibo, Weifang, and Jining have newly formulated the benchmark prices of prospecting rights for 13 minerals.

4. There are already benchmark price adjustments at the municipal level. 11 cities including Jinan and Qingdao raised the benchmark price of mining rights for 65 minerals; 4 cities including Qingdao and Yantai lowered the benchmark price of mining rights for 15 minerals; the benchmark price of mining rights for 15 minerals in Yantai, Weihai and Rizhao remained unchanged; 7 cities including Qingdao and Dongying adjusted the benchmark price of prospecting rights for 36 minerals; and the benchmark price of prospecting rights for one mineral in Weihai remained unchanged.

4. noun interpretation

1. Market benchmark price of mining rights: refers to the benchmark price standard for the proceeds from the transfer of mining rights in different regions and different types of minerals determined within a certain period of time according to the influencing factors such as resource reserves, mineral product prices, mining difficulty, mining technical conditions, transportation conditions, regional differences, etc. In the process of the transfer of mining rights, the mining rights assessment agency shall assess the proceeds of the transfer and determine the proceeds of the agreement transfer shall not be lower than the market benchmark price of the mining rights.

2. The benchmark rate of mining right transfer income: refers to the benchmark rate of mining right transfer income levied according to the transfer rate of return (the ratio of mining right transfer income to the sales income of mineral products), which is determined by the provincial mineral resources department and the financial department, and According to the price changes of mineral products and the needs of economic development, timely adjustments shall be made, and announced and implemented after being approved by the provincial people's government. Competitive transfer of mining rights, with the transfer rate of return as the subject, the transfer proceeds floor price is determined by the mining rights transfer benchmark rate.

In view of the fact that the Ministry of Natural Resources is studying and issuing relevant policy documents for the collection of proceeds from the sale of some minerals at the benchmark rate, the proceeds from the sale of relevant minerals are temporarily levied at the benchmark price announced this time, and the benchmark rate will be implemented in accordance with relevant regulations after the relevant documents of the Ministry of Natural Resources are issued.

5. Attachment Content

Annex: 1. Benchmark Price of Mining Right Market in Shandong Province (Provincial Level)

2. Shandong mining rights market benchmark price (municipal level)