1. First, it is necessary to earnestly safeguard national interests and industrial security. Rare earth is an important strategic resource and a non-renewable resource. China is a big country with rare earth resources and occupies an important position in the field of rare earth production and utilization. Speeding up the formulation of "Regulations" and legally defining the rare earth management system are conducive to safeguarding China's national interests and the safety of strategic resource industries.
2. The second is the need to standardize the order of rare earth production and operation according to law. In view of the problems existing in reality, such as private mining, destructive mining, unplanned and over-planned production, illegal trading of rare earth products, destruction of the ecological environment, and disruption of production and operation order, it is urgent to formulate comprehensive laws and regulations covering the entire industrial chain of rare earths, strengthen industry management, and investigate and deal with illegal acts according to law.
3. Third, it is necessary to improve the rare earth management system. Rare earth industry covers mining, smelting separation, storage, product circulation, secondary utilization, import and export, etc. , involving industry and information technology, natural resources, development and reform, commerce, market supervision and management, taxation, customs and other departments. It is urgent to formulate regulations and establish a management system with clear division of labor and close cooperation according to law. Second, the general idea of rare earth resources
1. First, insist on protection first. Rare earth is of irreplaceable significance to the transformation of traditional industries, the development of emerging industries and the progress of national defense science and technology industries. It must be specially protected, and administrative licensing and project approval should be implemented for rare earth mining and smelting separation. 2. Second, adhere to source governance. The total index management system is established for rare earth mining and smelting separation respectively. 3. Third, adhere to the management of the whole industry chain. Standardize the mining, smelting separation, metal smelting, comprehensive utilization, sales and circulation of rare earth industrial chain to ensure the safe, green and sustainable development of rare earth industry. The fourth is to pay attention to institutional convergence. Do a good job in connecting with laws and regulations such as mineral resources management, environmental protection, enterprise investment project approval and filing, import and export management. Legal basis: Article 3 of the Regulations on Rare Earth Management (Draft for Comment) defines the division of responsibilities for rare earth management. The State Council established a coordination mechanism for rare earth management, studied and decided on major policies for rare earth management, and coordinated and solved major problems in rare earth management. The competent department of industry and information technology of the people's government at or above the county level is responsible for the management of rare earth industry, and the departments of development and reform, public security, finance, natural resources, ecological environment, commerce, emergency management, state-owned assets, customs, taxation, market supervision and management are responsible for the management of rare earth within their respective functions and duties.