Circular on Seeking Public Comments on the Law of the People's Republic of China on Resource Tax (Draft for Comment)

Circular on Seeking Public Comments on the Law of the People's Republic of China on Resource Tax (Draft for Comment)
Circular on Seeking Public Comments on the Law of the People's Republic of China on Resource Tax (Draft for Comment)

November 20, 2017

With a view to effectively implementing the principle of statutory taxation, facilitating public involvement in law making, forging public consensus in an extensive manner, and promoting open legislation, scientific legislation and democratic legislation, we have drafted the Law of the People's Republic of China on Resource Tax (Draft for Comment) and hereby seek public comments. Comments on the proposed law may be submitted before December 20, 2017 through the following ways and channels:

1. via the Information Management System for Soliciting Opinions on Financial Regulations (http://lisms.mof.gov.cn/lisms/action/loginAction.do?loginCookie=loginCookie) on the official website of the Ministry of Finance of the People's Republic of China (http://www.mof.gov.cn); or

2. by mail addressing to the Treaty and Law Department of the Ministry of Finance, No.3 Nansanxiang, Sanlihe, Xicheng District, Beijing, 100820, and indicating "Comments Sought on the Law of the People's Republic of China on Resource Tax".

Law of the People's Republic of China on Resource Tax (Draft for Comment)

Article 1 The units and individuals that exploit mineral products or produce salt in the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China are resource taxpayers, and they shall pay resource tax in accordance with the Law of the People's Republic of China on Resource Tax ("this Law").

Article 2 Resource tax is levied on mineral products and salt.
For the purpose of this Law, the mineral products mean the raw ores and mineral processing products.

Article 3 The taxable items and tax rates of resource tax shall be implemented based on the Schedule of the Taxable Items and Tax Rates of Resource Tax attached to the Law.
And the specific applicable tax rates of the taxable products whose tax rate scope is provided in the Schedule of the Taxable Items and Tax Rates of Resource Tax shall be proposed by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government based on an overall consideration of the quality of resources, exploitation conditions and other situations for the local taxable products within the tax rate scope as provided in the Schedule of the Taxable Items and Tax Rates of Resource Tax attached hereto, and be submitted for determination to the standing committee of the people's congress of the same level, and be reported to the Standing Committee of the National People's Congress and the State Council for record filing.
As for the newly explored mineral products which have not been listed in the Schedule of the Taxable Items and Tax Rates of Resource Tax attached hereto, the corresponding taxable items and tax rates shall be proposed by the State Council and submitted to the Standing Committee of the National People's Congress for determination.
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