THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
07/2009/ND-CP
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Hanoi,
January 22, 2009
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DECREE
AMENDING
AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 160/2005/ND-CP
OF DECEMBER 27, 2005, WHICH DETAILS AND GUIDES THE IMPLEMENTATION OF THE LAW ON
MINERALS AND THE LAW AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE LAW
ON MINERALS
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the March 20, 1996 Law on Minerals and the June 14, 2005 Law
Amending and Supplementing a Number of Articles of the Law on Minerals;
At the proposed of the Minister of Natural Resources and Environment,
DECREES:
Article 1. To amend and
supplement a number of articles of the Government's Decree No. 160/ 2005/ND-CP
of December 27.2005, which details and guides the implementation of the Law on
Minerals and the Law Amending and Supplementing a Number of Articles of the Law
on Minerals (below referred to as Decree No. 160/ 2005/ND-CP), as follows:
1. To add Clause 2a to, and
amend and supplement Clause 3 of, Article 3 as follows:
"2a/To determine, approve
and publicize areas opened to bidding for mineral exploration or exploitation under
Article 23 (amended and supplemented) of Decree No. 160/2005/ND-CP; and to
organize bidding under regulations.
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2. To amend and supplement
Point b of Clause 1, and Clause 2, of Article 4 as follows:
"b/To collaborate with the
Ministry of Natural Resources and Environment in determining areas opened to
bidding for mineral exploration or exploitation under Article 23 (amended and
supplemented) of Decree No. 160/2005/ND-CP;
2. The Ministry of Industry and
Trade shall promulgate a list, conditions and criteria for export or restricted
export, of minerals, excluding those used as construction materials or raw
materials for cement production; the Ministry of Construction shall promulgate
a list, conditions and criteria for export or restricted export, of minerals
used as construction materials or raw materials for cement production."
3. To amend and supplement
Points b and g. Clause 1 of Article 6 as follows:
b/ To assume the prime
responsibility for, and collaborate with the Ministries of Natural Resources and
Environment; Industry and Trade; Construction; Defense; Public Security;
Culture, Sports and Tourism; Agriculture and Rural Development; Transport; and
Home Affairs, and concerned ministries and branches in, zoning off and
approving areas where mining is banned under Article 20 (amended and
supplemented) of Decree No. 160/2005/ND-CP; to zone off and submit to the Prime
Minister for approval areas where mining is temporarily banned under Article 21
of Decree No. 160/ 2005/ND-CP;
g/ To determine, approve and
publicize areas opened to bidding for mineral exploration or exploitation under
Article 23 (amended and supplemented) of Decree No. 160/2005/ND-CP; and to
organize bidding under regulations;"
4. To amend and supplement
Points e and f Clause 3 of Article 12 as follows:
"e/ Identifying national
mineral-resource reserve areas already decided by the Prime Minister;
f/ Identifying areas where
mining is banned or temporarily banned and areas opened to bidding for mineral
exploration or exploitation already approved by competent authorities under
regulations;"
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d/ If applying for licenses to
exploit minerals for use as ordinary construction materials for which
exploration is not required under Clause 2. Article 41 (amended and
supplemented) of the Law on Minerals, apart from the conditions specified at
Points a, b and c of this Clause, applicants must also satisfy the condition
that to-be-exploited products will be used only for maintaining or repairing
infrastructure works or dikes."
6. To amend and supplement
Points d and f of Clause 1, and Clause 2 of Article 20 as follows:
"d/ Areas within safety
protection corridors or boundaries of transport infrastructure works, or within
safety protection corridors of high-voltage grids, irrigation works, dikes or
communication works;
f/ Urban centers, trade zones,
tourist zones or important infrastructure works: industrial parks, excluding
areas under mineral processing projects.
2. Provincial-level People's
Committees shall decide to approve areas where mining is banned after obtaining
written agreements of concerned ministries and branches and notify in writing
the
Ministry of Natural Resources
and Environment, the Ministry of Industry and Trade and the Ministry of Construction."
7. To amend and supplement
Article 23 as follows:
"Article 23. Areas opened
to bidding for mineral exploration or exploitation
1. Areas opened to bidding for
mineral exploration or exploitation include:
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b/ Mines which have been
explored with state budget funds and are approved by competent authorities to
be opened to bidding for mining.
2. Competence and
responsibilities to determine, approve and publicize areas opened to bidding
for mineral exploration or exploitation:
a/ The Ministry of Natural
Resources and Environment shall assume the prime responsibility for, and
collaborate with the Ministry of Industry and Trade and the Ministry of
Construction in, determining areas opened to bidding for mineral exploration or
exploitation, except those falling within the approval competence of
provincial-level People's Committees under Point g. Clause I. Article 6
(amended and supplemented) of Decree No. 160/2005/ND-CP, and decide to approve
these areas after obtaining written agreements of the Ministry of Industry and
Trade and the Ministry of Construction;
b/ Provincial-level People's
Committees shall determine and approve areas opened to bidding for mineral
exploration or exploitation with regard to minerals falling within the
licensing competence under Point b. Clause 1, Article 56 (amended and
supplemented) of the Law on Minerals and Clause 2, Article 26 (amended and
supplemented) of Decree No. 160/2005/ND-CP;
c/ The Ministry of Natural
Resources and Environment and provincial-level People's Committees shall
publicize areas opened to bidding for mineral exploration or exploitation after
they are approved.
3. The Ministry of Natural
Resources and Environment shall assume the prime responsibility for and
collaborate with the Ministry of Finance, the Ministry of Industry and Trade and
the Ministry of Construction in, specifying principles and methods of valuating
mineral resources as a basis for mineral exploitation bidding.
4. The Ministry of Natural
Resources and Environment shall assume the prime responsibility for, and
collaborate with the Ministry of Planning and Investment, the Ministry of
Finance, the Ministry of Industry and Trade and the Ministry of Construction
in, submitting to the Prime Minister for promulgation a Regulation on bidding
for mineral exploration and exploitation."
8. To add Article 23a below:
"Article 23a. Areas with
minerals to be reserved as national mineral resources
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a/ Areas in which mineral
resource potential has been surveyed or assessed or for which to-be-reserved
mineral deposits have been explored or approved for sustainable development;
b/ Areas with geological
premises and mineral resource prospects in which mineral resource potential has
not yet been assessed or for which mineral deposits have neither been explored
nor approved.
2. The Ministry of Natural
Resources and Environment shall assume the prime responsibility for and
collaborate with the Ministry of Industry and Trade and the Ministry of
Construction in, determining and submitting to the Prime Minister for approval
national mineral-resource reserve areas.
3. Mineral survey, exploration
and exploitation activities in national mineral-resource reserve areas are
subject to only the Prime Minister's approval."
9. To amend and supplement
Clause 2 of Article 26 as follows:
"2. The size of an area
with mineral-resource potential assessment results approved by a competent
state agency, which is not included in the national master plan on mineral
exploration, exploitation or processing or which does not belong to a national
mineral-resource reserve area will fall under provincial-level People's
Committees' competence to license mineral exploitation or processing under
Point b. Clause 1, Article 56 of the Law on Minerals."
10. To amend and supplement
Clause 2 of Article 29 as follows:
"2. The rates of the fee
for the exclusive right to mineral exploration are VND 50,000/ha/year in the
first year, VND 80,000/ha/year in the second year, and VND 100,000/ha/year in
the third and fourth years."
11. To amend and supplement
Article 45 as follows:
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1. When areas where mining is
banned or temporarily banned have not yet been approved and notified under
regulations, the Ministry of Natural Resources and Environment shall, before
licensing mineral exploration, exploitation or processing according to its
competence, obtain written opinions of provincial-level People's Committees of
localities where exist minerals, only on areas projected to be licensed for
mineral exploration, areas for mineral exploitation or areas for building
mineral processing plants related or not related to areas where mining is
banned or temporarily banned.
2. Provincial-level People's
Committees shall assume the prime responsibility for, and collaborate with
concerned ministries and branches in, inspecting and determining areas
projected to be licensed for mineral exploration, areas for mineral
exploitation or areas for building mineral processing plants related or not
related to areas where mining is banned or temporarily banned, and give a
written reply to the Ministry of Natural Resources and Environment within
thirty (30) days after receiving a written request of the Ministry of Natural
Resources and Environment.
3. In special cases when
minerals need to be explored or exploited in areas where mining is banned or
temporarily banned, state agencies with licensing competence defined in Clause
1. Article 56 of the Law on Minerals shall report such cases to the Prime
Minister for consideration and decision."
Article 2. To replace the
phrase "Ministry of Industry" in Articles 4, 6, 12, 21, 22, 37, 41
and 42 of Decree No. 160/2005/ND-CP with the phrase "'Ministry of Industry
and Trade", and the phrase "provincial-level Industry Services"
in Clause 2, Article 6 of Decree No. 160/2005/ND-CP with the phrase
"provincial-level Industry and Trade Services".
Article 3. This Decree
takes effect 45 days from the date of its signing.
Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and
presidents of provincial-level People's Committees shall implement this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
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