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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence- Freedom- Happiness
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No.
160/2005/ND-CP
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Hanoi,
December 27, 2005
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DECREE
DETAILING AND GUIDING 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 proposal of the Minister of Natural Resources and Environment,
DECREES:
Chapter 1
GENERAL PROVISIONS
Article 1.-
Regulation scope
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Article 2.-
Application subjects
Subject to this Decree are:
1. State management agencies in
charge of minerals; state management agencies in charge of mineral exploitation
and processing industries.
2. Organizations performing the
tasks of basic geological survey of mineral resources.
3. Organizations and individuals
engaged in mineral activities (including mineral prospecting, exploration,
exploitation and processing).
4. Other organizations and
individuals involved in the management and protection of mineral resources.
Chapter II
STATE MANAGEMENT OF
MINERALS
Article 3.-
Powers and responsibilities of the Ministry of Natural Resources and
Environment in the state management of minerals
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1. To submit to the Government
draft laws and legal documents on mineral resources; submit to the Prime
Minister for promulgation or promulgate according to its competence legal
documents on basic geological surveys of mineral resources, on management and
protection of mineral resources and activities.
2. To elaborate, and direct the
implementation of plannings and plans on basic geological surveys of mineral
resources nationwide; approve state-funded schemes on, and reports on the
results of basic geological surveys of mineral resources conducted under the
State-assigned plans by units under the Ministry's management.
3. To determine
mineral-deposited areas already surveyed and assessed according to the
provisions of Clause 1, Article 9 of the Law on Minerals; supply to the
Ministry of industry and the Ministry of Construction documents on surveys and
evaluation of minerals in service of mineral exploration, exploitation,
processing and use planning; zone off areas with hazardous minerals according
to the provisions of Article 15 of the Law on Minerals and notify relevant
state agencies thereof; organize the inventory of approved mineral deposits
nationwide.
4. To grant, extend, withdraw
and allow the return of mineral activity permits, to permit the transfer or
further exercise of the rights to mineral activities in case of inheritance
according to its competence provided for at Point a, Clause 1, Article 56 of
the Law on Minerals.
5. To propagate, disseminate law
on minerals, guide and inspect the observance the law on minerals by branches,
localities, organizations and individuals; inspect and examine basic geological
surveys of mineral resources and mineral activities as well as the management
and protection of mineral resources.
6. To settle disputes,
complaints and denunciations about basic geological surveys of mineral
resources and mineral activities according to its competence provided for in
Article 57 of the Law on Minerals and the law on complaints and denunciations.
7. To organize the registration,
gathering and summing up of the results of basic geological surveys of mineral
resources and the situation of mineral activities nationwide; organize the
archive and management of mineral resource documents and samples in accordance
with the provisions of law.
8. To act as the standing body
of the Mineral Deposit Evaluating Council.
Article 4.-
Powers and responsibilities of the Ministry of Industry and the Ministry of
Construction in the state management of mineral exploitation and processing
industries
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a/ To report to the Government
policies, strategies, plannings and plans on mineral exploration, exploitation,
processing and use under their respective management; direct and inspect the
implementation thereof after they are approved.
b/ To report to the Prime
Minister for approval regions where mineral exploration and exploitation may be
put up for bidding under the provisions of Clause 2, Article 23 of this Decree;
c/ To promulgate regulations on
mineral exploitation and processing standards, processes and technologies.
2. The Ministry of Industry
shall promulgate lists of export minerals and minerals restricted from export,
their conditions and standards.
Article 5.-
Organization and operation of the Mineral Deposit Evaluating Council
1. The Mineral Deposit
Evaluating Council is based at the Ministry of Natural Resources and
Environment. Its membership shall be decided by the Prime Minister.
2. The Mineral Deposit Evaluating
Council shall assist the Government in performing the following tasks:
a/ To evaluate, consider and
approve mineral deposits stated in reports on exploration of minerals, except
for minerals to be used as common building materials and peat.
b/To make statistics on mineral
deposits, except for minerals used as common building materials and peat, and
supply them to concerned agencies for elaborating mineral exploration,
exploitation, processing and use plannings;
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d/ To consider, approve and
recognize mineral deposit calculation norms.
Article 6.-
Powers and responsibilities of People's Committees at all levels in the state
management of minerals
1. People's Committees of
provinces or centrally-run cities (hereinafter referred to collectively as
provincial-level People's Committees) shall have the following powers and
responsibilities:
a/To promulgate according to
their competence legal documents guiding the implementation of state
regulations on management and protection of mineral resources as well as
management of mineral activities in localities;
b/ To assume the prime
responsibility for, and coordinate with the ministries of Natural Resources and
Environment, Planning and Investment, Industry, Construction, Defense, Culture
and Information, Agriculture and Rural Development, and Transport, and Vietnam
National Administration of Tourism in, zoning off and reporting to the Prime
Minister for decision regions where mineral activities are banned according to
the provisions of Article 20 of this Decree; zone off and report to the Prime
Minister for decision regions where mineral activities are temporarily banned
according to the provisions of Article 21 of this Decree;
c/ To organize the elaboration
of, and submit to the People's Councils of the same level for approval,
plannings on exploration, exploitation, processing and use of minerals of types
falling under their permit-granting competence provided for at Point b, Clause
1, Article 56 of the Law on Minerals;
d/ To direct the organization of
popularization and dissemination of, and education about, the law on minerals;
apply measures to protect mineral resources, environment and other natural
resources in accordance with the provisions of law; ensure security and social
order in regions where minerals exist;
dd/ To approve mineral deposits
stated in reports on exploration of minerals used as common building materials
and peat;
e/To grant, extend, withdraw and
allow the return of mineral activity permits; permit the transfer or further
exercise of the rights to mineral activities in case of inheritance according
to their competence provided for at Point b, Clause 1, Article 56 of the Law on
Minerals;
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h/ To direct inspection and
examination of the observance of the law on minerals in localities; settle, or
join in the settlement of, disputes, complaints or denunciations about mineral
activities and handle violations of the law on minerals in localities according
to their competence provided for in Article 57 of the Law on Minerals and the
law on complaints and denunciations;
i/ To handle the assignment or
lease of land for mineral activities in localities in accordance with the
provisions of land law.
2. Provincial/municipal Services
of Natural Resources and Environment, Services of Industry and Services of
Construction shall assist provincial-level People's Committees in performing
the state management of minerals and mineral exploitation and processing
industries. The state management tasks and powers of provincial/municipal
Services of Natural Resources and Environment, Services of Industry and
Services of Construction shall be stipulated by the Minister of Natural
Resources and Environment, Minister of Industry and Minister of Construction,
respectively.
3. People's Committees of urban
districts, rural districts, provincial towns or cities, and communes, wards or
townships shall have the following powers and responsibilities in the state
management of minerals:
a/ To apply measures for
management and protection of mineral resources, environment and labor safety in
mineral activities; ensure security and social order in regions where minerals
exist;
b/ To handle according to their
competence procedures for assignment or lease of land, use of infrastructure,
and other related issues for organizations and individuals permitted to
explore, exploit and/or process minerals in localities in accordance with the
provisions of law;
c/To propagate, disseminate and
educate about the law on minerals; handle violations in accordance with the
provisions of law.
Chapter
III
BASIC GEOLOGICAL SURVEY
OF MINERAL RESOURCES
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Basic geological survey of
mineral resources shall include the following activities:
1. Surveying and discovering mineral
potentiality and concurrently elaborating regional geological maps, maps of
geological incidents, environmental geology, marine mineral geology, topical
maps, and conducting research into geological and mineral topics.
2. Assessing mineral resource
potentiality of each mineral type or group and prospective geological
structures in order to discover new mines.
Article 8.-
Management of activities of basic geological survey of mineral resources
1. Activities of basic
geological survey of mineral resources shall be conducted simultaneously with
basic geological survey under the state planning" and plans.
2. Based on the planning on
basic geological survey of mineral resources already approved by the Prime
Minister and the assigned state budget plans, ministries and ministerial-level
agencies shall organize the evaluation and approval of schemes on, and reports
on the results of, basic geological surveys of mineral resources conducted by
their attached units.
3. The Ministry of Natural
Resources and Environment shall specify the contents of projects on basic
geological survey of mineral resources, the state geological archives and a
geological museum; promulgate norms and unit prices in basic geological surveys
of mineral resources.
Article 9.-
Rights and obligations of organizations conducting basic geological surveys of
mineral resources
1. Organizations conducting
basic geological surveys of mineral resources shall have the following rights:
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b/ To be commended and/or
rewarded by the State when recording achievements in geological and mineral
researches and discoveries;
c/ To send samples abroad for
analysis and testing under the schemes already approved by competent state
agencies.
2. Organizations conducting
basic geological surveys of mineral resources shall have the following
obligations:
a/ To observe econo-technical
processes, regulations and norms in activities of basic geological survey of
mineral resources;
b/ To ensure truthfulness and
sufficiency of collected and synthesized data and information on geology and
minerals; to keep state secrets about information on geology and minerals in
accordance with the provisions of law;
c/ To protect the environment,
mineral resources and other resources in the process of conducting basic
geological surveys of mineral resources;
d/ To submit reports on the
results of basic geological surveys of mineral resources to the Geological
Archives and geological and mineral samples to the Geological Museum of the
Ministry of Natural Resources and Environment.
Article
10.- Storing of results of basic geological surveys of mineral resources
1. Reports on the results of basic
geological surveys of mineral resources as well as geological and mineral
samples must be registered and preserved at the Geological Archives and
Geological Museum of the Ministry of Natural Resources and Environment.
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Chapter IV
MINERAL PLANNING
Article
11.- Planning on basic geological surveys of mineral resources
1. The elaboration of basic
geological surveys of mineral resources must be based on the following:
a/ The national socio-economic
development, defense and security strategies, plannings and plans;
b/ The results of mineral survey
and evaluation already conducted; the characteristics of geological structures
with mineral potentials and prospects.
2. Contents of a planning on
basic geological survey of mineral resources shall cover:
a/ Making a geological and
mineral survey map of 1/50,000 or 1/25,000 scale; establishing a geological and
mineral database and information system;
b/ Evaluating potential ground and
underground mineral resources with regard to each type and group of minerals;
determining areas with mineral resource prospects;
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2. Mapping out solutions and a
schedule for implementation of the planning.
3. The Ministry of Natural
Resources and Environment shall direct the implementation of the plannings on
basic geological survey of mineral resources after they are approved by the
Prime Minister.
Article
12.- Mineral exploration, exploitation and use plannings
1. Mineral exploration,
exploitation and use plannings must ensure the following principles:
a/ Exploiting and using
rationally, thriftily and efficiently mineral resources to meet immediate
demands while taking into account scientific and technological development and
future demands for minerals;
b/ Ensuring the requirements of
protection of the environment, natural landscapes historical and cultural
relics, places of scenic beauty and other natural resources;
c/ Local plannings on mineral
exploration, exploitation, processing and use must be compatible with the
national mineral exploration, exploitation, processing and use planning already
approved by the Prime Minister.
2. The elaboration of mineral
exploration, exploitation, processing and use plannings must be based on the
following:
a/ Socio-economic development,
defense and security strategies, plannings and plans;
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c/ Natural, socio-economic
conditions of the regions where minerals exist and the market demand;
d/ Scientific and technological
advances in mineral exploration, exploitation, processing and use;
dd/ Results of implementation of
previous plannings on exploration, exploitation, processing and use of minerals
of the same type.
3. A mineral exploration,
exploitation, processing and use planning shall have the following contents:
a/ Surveying, studying, summing
up and assessing natural, socio-economic conditions and the current state of
mineral exploration, exploitation, processing and use;
b/ Assessing the situation of
implementation of previous plannings on mineral exploration, exploitation,
processing and use; identifying the objectives of mineral exploration,
exploitation, processing and use and mineral-use demands in each period;
c/ Identifying regions, mines
and types of, mineral which need investment in exploration, exploitation and
processing;
d/ Identifying regions where
mineral activities are restricted and regions for mineral activity bidding;
dd/ Identifying the national
mineral resource reserve area;
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g/ Mapping out solutions and a
schedule for implementation of the planning.
4. Responsibilities for
directing, inspecting and monitoring the implementation of mineral prospecting,
exploitation, processing and use plannings are provided as follows:
a/ The Ministry of Industry
shall direct, inspect and monitor the implementation of plannings on
exploration, exploitation, processing and use of minerals, except for minerals
used as building materials and materials for cement production, after they are
approved by the Prime Minister;
b/ The Ministry of Construction
shall direct, inspect and monitor the implementation of plannings on
exploration, exploitation, processing and use of minerals used as building
materials and materials for cement production, after they are approved by the
Prime Minister;
c/ Provincial-level People's
Committees shall organize the direction and inspection of the implementation of
plannings on exploration, exploitation, processing and use of minerals of the
types falling under their permit-granting competence provided for at Point b,
Clause 1, Article 56 of the Law on Minerals, after they are approved by the
People's Councils of the same level.
Chapter V
PRECIOUS, RARE, SPECIAL
AND HAZARDOUS MINERALS
Article
13.- Precious and rare minerals
Precious and rare minerals mean
metals commonly seen in auto-generating forms or natural mixtures with other
metals, minerals in the group of diamonds or gemstones of special economic
value, which are used in high techniques and technologies or for making
jewelry, including gold, silver, platinum, diamond, ruby, sapphire (corundum)
and emerald.
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1. Special and hazardous
minerals mean radioactive metals, rare earth and minerals containing
radioactive or hazardous elements, which, though being of high value in
industries, exert adverse impacts on the environment, such as uranium (U),
thorium (Th), lanthanum (La), selenium (Se), praseodymium (Pr), neodymium (Nd),
samarium (Sm), europium (Eu), gadolinium (Gd), terbium (Tb), dysprosium (Dy),
holmium (Ho), erbium (Er), thulium (Tm), ytterbium (Yb), lutetium (Lu), yttrium
(Y), and such minerals as mercury, arsenic, lead, zinc and asbestos.
2. The exploration, exploitation
and processing of special and hazardous minerals must comply with the
provisions of law on minerals and other provisions of law on radiation safety
and control.
Chapter VI
MINERALS USED AS COMMON
BUILDING MATERIALS
Article
15.- Minerals used as common building materials
Minerals used as common building
materials include those with components, physical characteristics, composition,
colors or other characteristics failing to meet the requirements for use as raw
materials for processing or production of products of higher value, compared to
those used as common materials according to Vietnamese standards.
Article
16.- List of minerals used as common building materials
1. Sand of all kinds (except for
silica) with Si02 content of less than 85%, not containing such
mineral substances as casiterite, volframite, monazite, ziricon, ilmenite or
gold.
2. Brick and tile clay under
Vietnamese standards, clay of all types (except bentonite and kaolin), which
fail to meet the requirements for production of construction ceramic products
according to Vietnamese standards, for production of chamotte or cement of
Vietnamese standards.
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4. Sedimentary rocks {except
those containing keramzite or diatomite), magma (except basalt columns or
pumice), degenerated rocks not containing metal minerals, self-generating
minerals, gemstones, semi-precious stones, radioactive and rare elements, which
fail to meet the requirements for use as paving stones or decorative stones
under Vietnamese standards or for use as felspar for production of construction
ceramic products under Vietnamese standards.
5. Slates of all kinds, except
for roofing and firing slates and slates containing sericites, disten or
silimanite with a content of over 30%.
6. Pebbles, gravels, grits not
containing gold, platinum, gemstones or semi-precious stones (decorative
quartz, topaz, beryl, ruby, sapphire, ziricon), laterite, not containing
self-generating metals or metal minerals.
7. Limestone, lime clay and
marble of all kinds (except for stalactite, white limestone and white marble)
which are not up to the requirements for use as raw materials for production of
portland cement, paving stones or decorative stones under Vietnamese standards.
8. Dolomite stones with the MgO
content of less than 15% and those not up to the requirements for use as
materials for production of construction glass, paving stones or decorative
stones under Vietnamese standards.
Chapter
VII
ORGANIZATIONS AND
INDIVIDUALS ENGAGED IN MINERAL ACTIVITIES
Article
17.- Scope of mineral activities of organizations and individuals
1. The scope of mineral
activities of organizations and individuals defined in Article 6 of the Law on
Minerals is provided as follows:
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b/ Foreign enterprises having
Vietnam-based representative offices or branches may prospect and explore
minerals;
c/ Individuals having mineral
activity business registration certificates may prospect, explore, exploit and
process minerals for use as common building materials and fully extract
minerals.
2. Organizations and individuals
defined in Clause 1 of this Article that meet the following conditions shall be
considered for the grant of mineral activity permits:
a/ Having mineral exploration,
exploitation and processing schemes compatible with mineral exploration,
exploitation, processing and use plannings already approved by competent state
agencies;
b/ For mineral exploration,
exploitation and processing activities, having specialized personnel, advanced
equipment, technologies and methods for mineral exploration, exploitation and
processing.
c/ Having reports on assessment
of environmental impacts or written registrations of satisfaction of
environmental standards, which have been approved or certified by competent
state agencies in accordance with the provisions of environment protection law.
Article
18.- Conditions for mineral exploration
1. Specialized geological
organizations set up or permitted for setting up by gcompetent state agencies
or other economic organizations set up under the provisions of enterprise law
and investment law may conduct mineral exploration when meeting all the
following conditions:
a/ Their technical managers are
geological engineers who have worked in the field of mineral exploration for at
least five (5) years; are knowledgeable about and firmly grasp normative documents
on mineral exploration;
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c/ They have necessary
specialized equipment and tools for construction of mineral exploration works.
Article
19.- Criteria for executive managers of mines
Executive managers of mines
appointed according to Article 36 of the Law on Minerals must fully meet the
following criteria:
1. On professional
qualifications:
a/ Executive managers of mines
exploited by pit-mining methods must be pit-mining engineers or pit-building
engineers who have been directly involved in the mining of pits for at least
five (05) years;
b/ Executive managers of mines
exploited by opencast-mining method must be opencast-mining or pit-mining
engineers who have been directly involved in opencast mining for at least three
(03) years; if they are exploration geological engineers, they must be trained
in mining techniques and have been directly involved in opencast mining for at
least five (5) years;
c/ Executive managers of
non-metal mines exploited by opencast-mining method without industrial
explosives or mines of minerals used as common building materials, which are
exploited by simple manual methods, must have an intermediate or higher degree
in mining or geological exploration; if they only have an intermediate mining
degree, they must have been directly involved in opencast mining of minerals
for at least three (3) years; if they only have an intermediate geological
exploration degree, they must have been trained in mining techniques and
directly involved in mineral exploitation at opencast mines for at least three
(3) years.
2. On managerial and
administration capacity:
a/ Firmly grasping the
provisions of legal documents on minerals and other relevant provisions of law
related to mineral exploration, exploitation and processing;
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c/ Having organizational and
managerial skills and practical experience in handling the exploitation
techniques, labor safety techniques and environmental protection.
Chapter
VIII
MINERAL ACTIVITY REGIONS
AND AREAS
Article
20.- Regions banned from mineral activities
1. Regions banned from mineral
activities shall include:
a/ Regions with historical-cultural
relics or places of scenic beauty which have been classified or zoned off for
protection under decisions of provincial-level People's Committees;
b/ Special-use forests,
protective forests, new alluvial grounds with naturally generating submerged
saline forests, nature conservation zones, submerged land conservation zones
and geological conservation zones;
c/ Regions under land use
plannings exclusively for defense or security or which may adversely affect
defense or security tasks;
d/ Regions within safety
protection corridors of communication, irrigation, dyke or communication
infrastructure works;
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e/ Urban centers, industrial
parks, trade areas, tourist resorts or important infrastructure works.
2. Presidents of
provincial-level People's Committees shall decide to approve regions banned
from mineral activities and notify in writing the Ministry of Natural Resources
and Environment, the Ministry of Industry and the Ministry of Construction of
such regions after they are approved.
Article
21.- Regions temporarily banned from mineral activities
1. Regions temporarily banned
from mineral activities shall be determined in the following cases:
a/ Due to unexpected
requirements on defense or security;
b/ Due to the requirements for
nature conservation and preservation of historical and cultural relics or
places of scenic beauty which are being considered for recognition or have been
recognized by the State or which have been detected in the mineral exploration
and exploitation process;
c/ Due to the requirements of
preventing or overcoming aftermaths of natural disasters.
2. Ministers, heads of
ministerial-level agencies, heads of Government-attached agencies and
presidents of provincial-level People's Committees shall report to the Prime
Minister for approval regions temporarily banned from mineral activities and
notify in writing the Ministry of Natural Resources and Environment, the
Ministry of Industry and the Ministry of Construction of such regions after
they are approved.
Article
22.- Regions restricted from mineral activities
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a/ Being reserved exclusively
for one or several monopoly organizations in mineral activities;
b/ Being restricted in terms of
exploitation output;
c/ Being restricted in terms of
the export of exploited products.
2. Ministers, heads of
ministerial-level agencies, heads of Government-attached agencies and
presidents of provincial-level People's Committees shall report to the Prime
Minister for approval regions restricted from mineral activities and notify in
writing the Ministry of Natural Resources and Environment, the Ministry of
Industry and the Ministry of Construction of such regions after they are
approved.
Article
23.- Regions opened to bidding for mineral exploration and exploitation
1. Regions opened to bidding for
mineral exploration and exploitation shall include the following:
a/ Regions which have been
prospected and evaluated in terms of minerals with the state budget capital and
already approved by the Prime Minister to be opened to bidding for exploration;
b/ Mineral mines which have been
explored with state budget capital sources and have been approved by the Prime
Minister to be opened to bidding or selection of exploitation contractors.
2. The Minister of Industry and
the Minister of Construction shall report to the Prime Minister for approval
and announcement regions opened to bidding for mineral exploration and exploitation,
regions or mineral mines which have been explored and are opened to bidding for
exploitation or selection of exploitation contractors, and shall organize
bidding under regulations after getting approval, except for regions opened to
bidding but falling under the reporting competence of provincial-level People's
Committees as provided for at Point g, Clause 1, Article 6 of this Decree.
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Article
24.- Area of a region subject to mineral prospecting
1. The area of a region subject
to mineral prospecting granted under a mineral prospecting permit shall not
exceed five hundred square kilometers (500 km2), except for special cases where
the Prime Minister's permission is required.
2. Mineral-prospecting permits
shall be granted to many organizations or individuals conducting mineral
activities in the same region.
Article
25.- Area of a region for mineral exploration
1. The area of a region to be
explored under a permit for exploration of metals or gemstones (diamond, ruby,
sapphire, emerald) shall not exceed fifty square kilometers (50 km2).
2. The area of a region to be
explored under a permit for exploration of coal or non-metal minerals (except
for minerals to be used as common building materials) in the mainland, with or
without water surface, shall not exceed one hundred square kilometers (100
km2).
3. The area of a region to be
explored under a permit for exploration of assorted minerals (except for
minerals to be used as common building materials) in the mainland shall not
exceed two hundred square kilometers (200 km2).
4. The area of a region to be
explored under a permit for exploration of minerals for use as common building
materials in the mainland shall not exceed two square kilometers (02 km2) p,r
one square kilometer (01 km2) for a region with water surface.
5. The area of a region to be
explored under a permit for exploration of mineral water or natural thermal
water shall not exceed two square kilometers (02 km2).
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Article
26.-Area of a region subject to mineral exploitation
1. The area of a region to be
exploited under a mineral exploitation permit shall be considered on the basis of
the compatibility of the investment project on mineral exploitation with the
mineral deposit permitted for inclusion in the -exploitation design, which has
been ratified by a competent state agency.
2. The area of a mineral region
shown on a map of a scale of 1: 50,000 or larger, for which mineral survey and
evaluation results are already available and approved by competent state
agencies and which is not included in the national exploration, exploitation
and processing plannings or belongs to the national mineral resource deposit
shall come under the mineral exploration and exploitation permit-granting
competence of provincial-level People's Committees as provided for at Point b,
Clause 1, Article 56 of the Law on Minerals.
Article
27.- Area of a region under exploitation of minerals used as common building
materials in cases where mineral exploration is not required
The area of a region under
exploitation of minerals used as common building materials under a permit in
cases where mineral exploration is not required shall, according to the
provisions of Clause 2, Article 41 of the Law on Minerals, not exceed ten
hectares (10 ha) for an organization and one hectare (01 ha) for an individual.
Chapter IX
FINANCE AND PROPERTY
RIGHTS IN MINERAL ACTIVITIES
Article
28.-Fees for the grant of mineral activity permits
Fees for the grant of mineral
activity permits include permit-granting fee and permit extension fee.
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Article
29.- Fee for the exclusive right to mineral exploration
1. A fee for the exclusive right
to mineral exploration shall be calculated based on the exploration area unit
and the valid term of a mineral exploration permit.
2. The rates of fee for the
exclusive right to mineral exploration are provided as follows:
The 1st year: VND
300,000/km2/year;
The 2nd year: VND
400,000/km2/year;
The 3rd year: VND
550,000/km2/year;
The 4lh year: VND
700,000/km2/year.
3. The fee for the exclusive
right to mineral exploration shall not be collected in the following cases:
a/ The valid term of an
exploration permit, including the term of extension, is less than 12 months;
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4. The Finance Ministry shall
specify procedures for collection, payment, management and use of the fee for
the exclusive right to mineral exploration.
Article
30.- Payment of deposit for mineral exploration
1. Organizations and individuals
granted mineral exploration permits shall have to pay a deposit at the state
treasury, except where the permitted exploration is funded with the state
budget.
2. A deposit shall be paid in
lump sum at the time of granting an exploration permit. The deposit level shall
be equal to twenty five per cent (25%) of the estimated cost of exploration in
the first exploration year.
3. Organizations and individuals
permitted to explore minerals may, instead of paying a deposit, make collateral
at a credit institution licensed to operate in Vietnam.
4. Six (06) months after a
mineral exploration permit takes effect, if the exploration is not carried out
and the permit becomes invalid, the deposit or collateral money shall be
remitted into the state budget.
5. Six (06) months after a
mineral exploration permit takes effect, if the exploration is carried out in
compliance with the set plan, the organizations or individuals permitted to
conduct exploration shall be refunded the deposit or collateral money.
6. The Finance Ministry shall
assume the prime responsibility for, and coordinate with the State Bank in,
stipulating procedures for payment and management of mineral exploration
deposits or collateral.
Article
31.- Use of information on the results of state budget-funded mineral
prospecting and exploration
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a/ To pay charges for the use of
such information by either of the following modes: lump-sum payment or
installment payment based on exploitation output;
b/To transfer or bequeath such
information after fully paying charges for the use thereof;
c/ In case of installment
payment based on exploitation output, they must not transfer, bequeath or
disclose such information to other organizations or individuals, except for the
supply of such information to competent state agencies under regulations of the
Ministry of Natural Resources and Environment.
2. Organizations and individuals
permitted to prospect, explore and/or exploit minerals with state-budget
capital sources must neither supply nor transfer information on mineral
prospecting or exploration results to other organizations or individuals,
except for the supply of such information to competent state agencies under
regulations of the Ministry of Natural Resources and Environment. Where
organizations or individuals refund state budget amounts invested in mineral
prospecting or exploration, the use of information on prospecting and/or
exploration results shall comply with the provisions of Clause 1 of this
Article.
3. The Finance Ministry shall
assume the prime responsibility for, and coordinate with the Ministry of
Natural Resources and Environment in, stipulating the method of valuation, mode
and procedures for payment of charges for the use of data and information on
results of state budget-funded mineral prospecting and exploration.
Article
32.- Use of information on the results of mineral prospecting, exploration
and/or exploitation funded by organizations or individuals
1. Organizations and individuals
permitted to prospect, explore and/or exploit minerals shall have the right to
transfer or bequeath information on the results of mineral prospecting,
exploration and/or exploitation funded with their own capital sources.
2. Six (06) months after the
expiration of their mineral exploration permits, if organizations or
individuals fail to report to competent state agencies for approval mineral
deposits or fail to submit applications for exploitation permits when the
mineral deposits have been approved, competent state agencies shall be entitled
to supply information on minerals related to such permits to other
organizations or individuals.
Article
33.- Use of land in case of transfer or inheritance of the rights to mineral
exploitation and/ or processing
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Article
34.- Ownership of assets upon the expiration of mineral exploration,
exploitation and/ or processing permits
1. Upon the expiration of
mineral exploration, exploitation and/or processing permits, the ownership of
assets related to mineral exploration, exploitation and/or processing
activities shall be handled in accordance with the provisions of Point b,
Clause 2, Article 30, Points b and c, Clause 2, Article 40 of the Law on
Minerals, and Points b and c, Clause 2, Article 57 of this Decree.
2. The Finance Ministry shall
specify methods of valuation of transferred assets and procedures for transfer
to the State of assets of organizations or individuals permitted to explore,
exploit and/or process minerals in case of expiration of their permits.
Article
35.- Collateral for environment restoration In mineral exploitation
1. Organizations and individuals
permitted to exploit minerals must pay collateral for environment and land
restoration at the Vietnam Environment Protection Fund.
2. The levels of collateral for
environment and land rehabilitation shall be based on the exploitation and
rehabilitation process and progress as well as environment and land
rehabilitation cost estimates determined in feasibility study reports, mine
designs and reports on assessment of environmental impacts or the written
registrations of satisfaction of environmental standards, which have been approved
or certified by competent state agencies under the provisions of law on
environment protection.
3. Collateral shall incur
interests as demand deposit of the Vietnam Environment Protection Fund.
4. The Finance Ministry shall
assume the prime responsibility for, and coordinate with the Ministry of
Natural Resources and Environment in, guiding the procedures for registration,
management and use of collateral for environment restoration in mineral
exploitation.
Article
36.- Deduction of budget revenues from mineral exploitation and processing
activities for localities
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2. The management and use of
budget revenues from mineral activities in the regions where minerals are
exploited and processed shall comply with decisions of the Prime Minister.
Article
37.- State investment in mineral exploration
1. The State may invest in the
exploration of some kinds of mineral in which investment from other capital
sources cannot be attracted or it is so required by socio-economic tasks.
2. The Ministry of Planning and
Investment shall assume the prime responsibility for, and coordinate with the
Ministry of Finance, the Ministry of Natural Resources and Environment, the
Ministry of Industry and the Ministry of Construction in, appraising mineral
exploration projects requested to be funded by the state before submitting them
to the Prime Minister for consideration and approval.
Enterprises allocated with
capital for mineral exploration shall have to refund such capital to the State
by mode of installment payment based on mineral output when mines are put into
exploitation.
3. The use of information on
exploration results stipulated in Clause 1 of this Article shall comply with
the provisions of Article 31 of this Decree.
Chapter X
APPRAISAL, APPROVAL OF
SCHEMES AND REPORTS IN MINERAL ACTIVITIES
Article
38.- Appraisal of mineral prospecting and exploration schemes
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2. The Ministry of Natural
Resources and Environment shall decide on the elaboration and appraisal of
mineral prospecting and exploration schemes.
Article
39.- Appraisal and approval of mineral exploration reports
1. Mineral exploration reports
shall be appraised according to the following requirements:
a/ Their reliability in terms of
mineral deposit, content and quality, including accompanied useful minerals;
b/ Their reliability in terms of
hydrogeological and geological conditions of works related to the feasibility
study of mineral exploitation.
2. Reports on exploration of
minerals, except for minerals used as common building materials an peat, must
be deposited in the state geological archives. Reports on exploration of
minerals used as common building materials and peat must be submitted to the
provincial/municipal Natural Resources and Environment Services of localities
where minerals are explored.
Article
40.- Appraisal and approval of mineral exploitation investment projects
1. The appraisal and approval of
mineral exploitation investment projects being domestic investment projects
shall comply with the provisions of investment and construction law.
2. The appraisal of mineral
exploitation investment projects being foreign direct investment projects shall
comply with the provisions of law on foreign investment in Vietnam.
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1. Mine designs under mineral
exploitation investment projects shall be appraised and approved according to
the provisions of construction law.
2. Organizations or individuals
appraising mine designs must be economically independent from designing
organizations or individuals and shall take responsibility before law for their
appraisal results.
3. The Ministry of Industry
shall guide in detail the contents of designs, procedures for appraisal and
approval of mine designs.
Article
42.- Reports on mineral activities
1. Organizations and individuals
permitted to carry out mineral activities shall have to report their activity
results to state management agencies in charge of minerals and take
responsibility for the accuracy and truthfulness of reported data and
information.
2. Reports on mineral activities
include:
a/ Report on mineral prospecting
activities, report on mineral exploration activities, report on mineral
exploitation activities and report on mineral processing activities;
b/ Report on mineral activities
within a province or centrally-run city.
3. The regime of reporting on
mineral activities is stipulated as follows:
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b/ Apart from implementing the
reporting regime mentioned at Point a of this Clause, when requested by
competent state management agencies in charge of minerals, organizations and
individuals permitted to carry out mineral activities must make extraordinary
reports on the situation of mineral activities.
4. Responsibilities for
submission of reports on mineral activities are stipulated as follows:
a/ Organizations and individuals
permitted to carry out mineral activities shall have to make the reports
defined at Point a, Clause 2 of this Article and shall, within five (5) days
after the end of the reporting period defined in Clause 3 of this Article, have
to submit those reports to provincial/municipal Natural Resources and
Environment Services of localities where mineral activities are carried out.
For organizations and individuals conducting mineral activities under permits
granted by the Ministry of Natural Resources and Environment, they shall also
have to submit to the reports to the Vietnam Geological and Mineral Department
under this Ministry;
b/ Provincial/municipal Services
of Natural Resources and Environment shall have to assist provincial-level
People's Committees in making reports defined at Point b, Clause 2 of this
Article and shall, within fifteen (15) days after the end of the reporting
period defined in Clause 3 of this Article, send those reports to the Ministry
of Natural Resources and Environment (Vietnam Geological and Mineral
Department), the Ministry of Industry and the Ministry of Construction.
5. The Ministry of Natural
Resources and Environment shall guide forms of reports defined in Clause 2 of
this Article.
Article
43.- Mine-closing schemes
1. Mine-closing schemes must be
appraised and approved in terms of contents and requirements on safety, environment
and land rehabilitation and other requirements according to the provisions of
Points b and d, Clause 2, Article 40 of the Law on Minerals.
2. State agencies competent to
grant permits for exploitation of minerals of certain kinds shall also be competent
to appraise and approve schemes on the closure of mines of minerals of such
kinds.
3. The Ministry of Natural
Resources and Environment shall specify contents of mine-closing schemes and
procedures for the closure of mines.
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MINERAL ACTIVITY PERMITS
Article
44.- Bases for the grant of mineral activity permits
Bases for the grant of mineral
activity permits include:
1. State socio-economic
development strategies; strategies on development of mineral- related
industries.
2. State policies on mineral
resources; mineral exploration, exploitation, processing and use plannings
already approved by competent state agencies.
3. Socio-economic efficiency of
every specific project in mineral activities, associated with the requirements
on the protection of ecology, natural landscapes, historical-cultural relics,
defense and security.
4. The legal status of permit
applicants under the provisions of law and conditions stipulated in Article 6
of the Law on Minerals, and Clause 2, Article 17 of this Decree.
5. Prospecting or exploration
schemes in the areas other than those already permitted or being surveyed and
evaluated in terms of minerals by competent state agencies.
6. Mineral deposits, feasibility
study reports, reports on assessment of environmental impacts or written
registrations of satisfaction of environmental standards which have been
approved or certified in accordance with the provisions of law, for cases of
application for mineral exploitation and processing permits.
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8. With regard to special and
hazardous minerals stipulated in Clause 1, Article 14 of this Decree, the Prime
Minister's permission for mineral exploration and/or exploitation and
processing is required.
Article
45.- Responsibilities of provincial-level People's Committees for coordination
in conducting appraisal for the grant of mineral exploration and exploitation
permits
1. Before granting mineral
exploration permits or mineral exploitation and processing permits according to
its competence, the Ministry of Natural Resources and Environment shall consult
in writing provincial-level People's Committees of localities where minerals
exist on the exploration area, exploitation area or the area for construction
of mineral processing plants.
2. Provincial-level People's
Committees shall assume the prime responsibility for, and coordinate with
relevant ministries and branches in, inspecting and determining whether the
areas to be explored under mineral exploration permits for mineral
exploitation, or mineral exploitation areas or areas for construction of
mineral processing plants are related to regions banned or temporarily banned
from mineral activities as defined in Articles 20 and 21 of this Decree or not.
3. In special cases where
mineral exploration or exploitation should be conducted in regions banned or
temporarily banned from mineral activities as defined in Articles 20 and 21 of
this Decree, state agencies competent to grant permits specified in Clause 1,
Article 56 of the Law on Minerals must report such to the Prime Minister for
consideration and decision.
Article
46.- Grant of mineral activity-investment licenses for foreign organizations
and individuals or joint ventures with foreign parties
1. Before granting investment
licenses for mineral activities, investment-licensing bodies must gather
written opinions of mineral activity permit-granting agencies defined in Clause
1, Article'56 of the Law on Minerals. Within thirty (30) days after receiving
complete and valid dossiers, mineral activity permit-granting agencies must
reply investment-licensing bodies.
2. In case of divergent
opinions, investment-licensing bodies shall submit them to the Prime Minister
for consideration and decision.
Article
47.- Valid term of a mineral processing permit
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Article
48.- Extension of mineral prospecting permits
1. A mineral prospecting permit
shall be extended when all the following conditions are met:
a/ The to-be prospected region
has an area of one hundred kilometers (100 km2) or more;
b/ No organization or individual
has applied for exploration in the region subject to permit extension;
c/ The mineral-prospecting
organization or individual has fulfilled all obligations specified in the
granted permit at the time of application for the extension thereof.
2. A mineral prospecting permit may
be extended only once for not more than 12 months.
Article
49.- Extension of mineral exploration permits
1. A mineral exploration permit
shall be extended when all the following conditions are met:
a/ The organization or
individual permitted to explore minerals has fulfilled all obligations
specified in the granted permit at the time of application for the extension
thereof;
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c/ Upon each extension, at least
thirty percent (30%) of the exploration area under the granted permit must be
returned.
2. A mineral exploration permit
may be extended no more than twice with a total extension duration not
exceeding twenty four (24) months.
3. Where the extended duration
of an exploration permit has expired while the organization or individual
permitted to explore minerals, though having fulfilled the exploration volume
under the scheme and provisions of the exploration permit, has not yet obtained
enough grounds for formulation of an exploitation investment project, the
exploration permit may be re-granted for a term not exceeding twenty four (24)
months for the area with the permit previously extended but not further
extended.
Article
50.- Extension of mineral exploitation permits
1. A mineral exploitation permit
may be extended if, at the time of application for extension, the organization
or individual permitted to exploit minerals has fulfilled all obligations
specified in the granted exploitation permit and other obligations provided for
by the law on minerals and relevant laws.
2. Amineral exploitation permit
may be extended many times to be compatible with mineral deposits which have
already been approved by competent state agencies but have not yet been
exploited; the total extension duration shall not exceed twenty (20) years.
Article
51.- Extension of mineral processing permits
A mineral processing permit may
be extended if at the time of application for extension, the permitted
processing organization or individual has fulfilled all obligations specified
in the granted processing permit as well as other obligations provided for by
the law on minerals and relevant laws.
Having lawful mineral sources
suitable to the processing capacity and the allowed duration of extension.
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Article
52.- Return of mineral activity permits or areas under mineral activities part
by part
Organizations and individuals
permitted to carry out mineral activities may return the areas under such
activities part by part or return the mineral activity permits according to the
following provisions:
1. They have fulfilled all
law-prescribed obligations at the time of application for permit extension;
have restored the environment and land and assured safety in the to-be returned
areas;
2. Within ninety (90) days after
returning their exploration permits, organizations or individuals permitted to
explore minerals must fulfill all obligations stipulated at Point b, Clause 2,
Article 30 of the Law on Minerals.
Within six (06) months after
their exploitation or processing permits are returned, organizations or
individuals permitted to exploit minerals must fulfill all obligations
stipulated at Points b, c and d, Clause 2, Article 40 of the Law on Minerals;
organizations or individuals permitted to process minerals must fulfill all
obligations stipulated at Points b, c and d, Clause 2, Article 57 of this
Decree.
3. The return of such permits is
allowed in writing by the permit-granting agencies.
Article
53.- Transfer of the rights to explore, exploit or process minerals
The transfer of the rights to
explore, exploit or process minerals must comply with the following provisions:
1. Organizations or individuals
permitted to explore, exploit or process minerals may transfer the rights
thereto to other organizations or individuals for further exercise of their
rights and obligations already provided in the permits and according to the
provisions of law.
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3. The details of transfer must
be reflected in contracts between the transferors and transferees underthe
provisions of law; apart from the contracts and applications for transfer of
the exploration, exploitation or processing rights, the organizations or
individuals permitted to conduct exploration, exploitation or processing must
also have reports on the exploration, exploitation or processing results
already achieved by the time of application for transfer.
4. Organizations or individuals
transferred with the rights to explore, exploit or process minerals must meet
all the conditions stipulated in Article 6 of the Law on Minerals and Clause 2,
Article 17 of this Decree; with regard to precious, rare, special and hazardous
minerals, they must also comply with the provisions of Clause 8, Article 44 of
this Decree.
5. Where the mineral
exploitation or processing right transferees are foreign organizations or
individuals or joint ventures with foreign parties, they must have investment licenses
granted by competent state agencies under the provisions of law on foreign
investment in Vietnam. Where foreign joint-venture enterprises are converted
into enterprises with 100% foreign capital, such conversion must also be
approved by the state agency in charge of investment, which shall serve as a
basis for the grant of new exploitation or processing permits.
6. The transfer of the rights to
explore, exploit or process minerals of organizations or individuals permitted to
explore, exploit or process minerals must be permitted by the agencies
competent to grant such permits and transfer tax must be paid in accordance
with the provisions of law.
The Finance Ministry shall
submit to the Government tax rates for transfer of the rights to explore,
exploit or process minerals.
Article
54.- Inheritance of the rights to explore, exploit or process minerals
1. Individuals permitted to
explore, exploit or process minerals may bequeath the rights thereto by
testament or by law.
2. Persons inheriting the rights
to explore, exploit or process minerals shall continue to exercise such rights
when the permits are still valid and must satisfy all the conditions stipulated
in Article 6 of the Law on Minerals and Clause 2, Article 17 of this Decree. If
failing to meet such conditions for further operation, the case shall be
settled as follows:
a/ The heirs may transfer such
rights to other organizations or individuals in accordance with the provisions
of Article 53 of this Decree;
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3. Where the exploration,
exploitation or processing permits expire under the provisions of Point b,
Clause 2 of this Article, the heirs shall have the rights and obligations
provided for at Point b, Clause 2 of Article 30, Points b, c and d, Clause 2 of
Article 40 of the Law on Minerals, Clause 2, Article 57 of this Decree.
Article
55.- Time limit for redressing violations in mineral prospecting, exploration
and exploitation
1. When organizations and
individuals permitted to prospect minerals violate one of the obligations specified
in Article 23 of the Law on Minerals, the time limit for redressing their
violations shall be thirty (30) days after receiving written notices of state
agencies competent to grant permits provided for in Clause 1, Article 56 of the
Law on Minerals.
2. When organizations and
individuals permitted to explore minerals violate one of the obligations
specified in Article 27 of the Law on Minerals, the time limit for redressing
their violations shall be sixty (60) days after receiving written notices of
state agencies competent to grant permits provided for in Clause 1, Article 56
of the Law on Minerals.
3. When organizations and
individuals permitted to exploit minerals violate one of the obligations
specified in Article 33 of the Law on Minerals, the time limit for redressing
their violations shall be ninety (90) days, counting from the date the
permit-granting agencies defined in Clause 1, Article 56 of the Law on Minerals
issue written notices.
Article
56.- Withdrawal of mineral processing permits
A mineral processing permit
shall be withdrawn in the following cases:
1. The organization or
individual permitted to process minerals fails to strictly comply with the
mineral-processing contents and plan under the processing project and
provisions of the granted processing permit.
2. The organization or
individual permitted to process minerals violates one of the provisions of
Article 46 of the Law on Minerals but fails to redress such violation within
ninety (90) days after receiving a written notice from the state agency
competent to grant permits as defined in Clause 1, Article 56 of the Law on
Minerals.
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4. The individual permitted to
process minerals dies without heirs or the organization permitted to process
minerals dissolves or goes bankrupt without any organization or individual
inheriting its rights and obligations.
Article
57.- Invalidation of mineral processing permits
1. A mineral-processing permit
shall cease to be valid in the following cases:
a/ It expires;
b/ It is returned;
c/ It is withdrawn.
2. When a mineral processing
permit becomes invalid:
a/ The rights related to such
permit shall no longer exist;
b/ All works or facilities for
environment protection in the processing regions shall be placed under state
ownership and must be neither dismantled nor destroyed;
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d/ Organizations and individuals
permitted to process minerals must fulfill all obligations related to
environment and land rehabilitation under the provisions of the Law on
Minerals, this Decree and other relevant provisions of law.
Article
58.- Use of land in mineral activities
The assignment and lease of land
in mineral activities shall comply with the provisions of land law.
Chapter
XII
ORDER AND PROCEDURES
FOR THE GRANT OF MINERAL ACTIVITY PERMITS, EVALUATION AND APPROVAL OF MINERAL
DEPOSITS
Article
59.- Dossiers for the grant, extension or return of mineral-prospecting permits
1. Dossiers of application for
mineral- prospecting permits shall each comprise:
a/ The application for a mineral
prospecting permit, enclosed with a map of the region to be prospected;
b/ The mineral-prospecting
scheme, which clearly states geological bases and kinds of mineral to be
prospected, prospecting method and volume; prospecting time limit and schedule,
and financial sources;
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2. Dossiers of application for
extension of mineral-prospecting permits
A dossier of application for
permit extension must be submitted to the authorized agency 30 days before the
expiration of the permit, comprising:
a/ The application for permit
extension;
b/ The report on the results of
mineral prospecting and work volume, and the fund already used by the time of
application for extension.
Where a mineral-prospecting
permit has expired but the dossier of application for extension is still under
consideration, the organization or individual permitted to prospect minerals
can operate till the time a decision on extension or a written reply not
permitting such extension is issued.
3. A dossier of application for
the return of a mineral-prospecting permit shall comprise:
a/ The application for the
return of the permit;
b/ The report on results of
mineral prospecting and work volume, and the fund already used by the time of
returning the permit.
Article 60.-
Dossiers of application for the grant, re-grant, extension, return or transfer
of mineral exploration permits, or for the further transfer of the rights to
explore minerals
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a/ The application for a mineral
exploration permit;
b/ The mineral exploration
scheme made according to regulations, enclosed with a map of the to-be explored
region;
c/ A copy of the written
certification of the legal status, notarized by a state public notary, for the
applicant being a domestic organization, or of the investment license,
notarized by a state public notary, for the applicant being a foreign
organization or joint-venture with foreign parties.
2. Dossiers of application for
the re-grant of mineral exploration permits
In case of application for the
re-grant of an exploration permit defined in Clause 3, Article 25 of the Law on
Minerals and Clause 3, Article 49 of this Decree, the dossier must be submitted
to the authorized agency at least thirty (30) days before the expiration of the
permit, comprising:
a/ The application for the
re-grant of the mineral exploration permit;
b/ The report on exploration
results, the performed exploration volume and the exploration program and
volume to be further performed;
c/ The map of the region under
the exploration permit to be re-granted.
3. Dossiers of application for
extension of mineral exploration permits.
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a/ The application for extension
of the mineral exploration permit;
b/ The report on exploration results,
the performed exploration volume; the exploration program and volume to be
further performed;
c/ The map of the region under
exploration, which must exclude at least thirty (30%) of the area under
exploration according to the already granted permit.
Where a mineral exploration
permit has expired but the dossier of application for extension is still under
consideration, the organization or individual permitted to explore minerals can
continue their operation till the time the permit extension is effected or a
written reply not permitting the extension is issued.
4. Dossiers of application for
the return of mineral exploration permits or part of the mineral exploration
area shall each comprise:
a/ The application for the
return of the mineral exploration permit or part of the mineral exploration
area;
b/ The report on results of
mineral exploration, the exploration volume already performed by the time the
permit or part of the mineral exploration area is returned;
c/The map of the region to be
further explored; the further exploration work or program (in case of return of
part of the exploration area).
5. Dossiers of application for
the transfer of the rights to explore minerals shall each comprise:
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b/ The report on the exploration
results, the performed work volume and relevant obligations under regulations,
which have been fulfilled by the time of application for the transfer of the
rights to exploration;
c/ A copy of the written
certification of the legal status, notarized by a state public notary, for the
transferee being a domestic organization, or of the investment license (if
any), notarized by a state public notary, for the transferee being a foreign
organization or a joint-venture with foreign parties.
The transfer of the rights to
exploration shall be approved with the grant of a new exploration permit to
replace the old one.
6. Dossiers of application for
further exercise of the rights to explore minerals shall each comprise:
a/ The application for further
exercise of the rights to explore minerals; the report on exploration results,
the performed work volume and the further exploration program;
b/ A copy of the legal document
notarized by a state public notary proving that the concerned organization or
individual Inherits the rights to explore minerals;
c/ A copy of the written
certification of the legal status of the inheriting organization, which is
notarized by a state public notary.
The permission for further
exercise of the rights to explore minerals shall be approved with the grant of
a new exploration permit to the inheriting organization or individual to
replace the old one.
Article
61.- Dossiers of application for the grant, extension, return or transfer of
mineral exploitation permits, or for further exercise of the rights to exploit
minerals
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a/ The application for a mineral
exploitation permit, enclosed with a map of the region under mineral
exploitation;
b/ The decision approving
mineral deposits, issued by the competent state agency under regulations;
c/ The feasibility study report
on mineral exploitation, enclosed with the approval decision according to
regulations;
d/ The report on assessment of
environmental impacts or the written registration of satisfaction of
environmental standards, which has been approved or certified by a competent
state agency in accordance with the provisions of environment protection law;
dd/ A copy of the written
certification of the legal status, notarized by a state public notary, for the
applicant being a domestic organization other than the organization already
granted the exploration permit, or of the investment license, notarized by a
state public notary, for the applicant being a foreign organization or a
joint-venture with foreign parties.
2. Dossiers of application for
extension of mineral exploitation permits
Dossiers of application for
extension of mineral exploitation permits must be submitted to authorized
agencies 90 days before the expiration of the permits, each comprising:
a/ The application for extension
of the mineral exploitation permit;
b/The map of the current mining
area, enclosed with the report on exploitation results by the time of
application for extension; the remaining mineral deposits and the area applied
for further exploitation.
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3. Dossiers of application for
return of mineral exploitation permits or part of the mineral exploitation area
shall each comprise:
a/ The application for the
return of the mineral exploitation permit or part of the mineral exploitation
area;
b/ The map of the current
exploitation area, enclosed with the results of mineral exploitation by the
time of returning the permit or part of the exploitation area;
c7The mine-closing scheme
already evaluated and approved according to the provisions of law, for cases
where the exploitation permit is returned.
4. Dossiers of application for
transfer of the rights to exploit minerals shall each comprise:
a/ The application for transfer
of the rights to exploit minerals and the transfer contract, enclosed with the
list of assets to be transferred;
b/ The report on exploitation
results and obligations already fulfilled by the time of application for
transfer of the rights to exploitation, enclosed with a map of the current
exploitation area at the time of application for the transfer;
c/ A copy of the written
certification of the legal status, notarized by a state public notary, for the
transferee being a domestic organization, or the copy of the investment
license, notarized by a state public notary, for the transferee being a foreign
organization or joint-venture with foreign parties.
The transfer of the rights to
exploitation shall be approved with the grant of a new exploitation permit to
the transferee, in replacement of the old one.
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a/ The application for further
exercise of the rights to exploit minerals;
b/ A copy of the legal document,
notarized by a state notary public, proving that the applicant is entitled to
inherit the rights to exploit minerals;
c/ A copy of the written
certification of the legal status of the inheriting organization, notarized by
a state notary public;
d/ The map of the current
exploitation area, enclosed with the report on results of mineral exploitation
by the time of application for the further exercise of the rights to exploit
minerals.
The further exercise of the
rights to exploit minerals shall be approved with the grant of a new mineral
exploitation permit to the inheriting organization or individual, in
replacement of the old one.
6. For the grant of mineral
exploitation permits in the case stipulated in Clause 2, Article 41 of the Law
on Minerals and in cases where minerals are exploited in the already surveyed
and evaluated areas which fall beyond the national mineral exploitation and
processing planning, already approved by competent state agencies, or do not
belong to the national mineral reserves stipulated at Point b, Clause 1,
Article 56 of the Law on
Minerals, the dossiers of
application for exploitation permits shall not include decisions approving
mineral deposits.
Article
62.- Dossiers of application for grant, extension, return or transfer of
mineral processing permits or for further exercise of the rights to process
minerals
1. Dossiers of application for
mineral-processing permits shall each comprise:
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b/ The feasibility study report
on mineral processing, enclosed with the approval decision according to
regulations;
c/ A copy of the written
certification of the legal status, notarized by a state notary public, for the
applicant being a domestic organization, or of the mineral
processing-investment license, notarized by a state notary public, for the
applicant being a foreign organization or joint venture with foreign parties;
d/ The report on assessment of
environmental impacts or the written registration of satisfaction of
environmental standards already approved or certified by a competent state agency
according to the provisions of environment protection law;
2. Dossiers of application for
extension of mineral processing permits
Dossiers of application for
extension of mineral processing permits shall be submitted to authorized
agencies 90 days before the expiration of the permits, each comprising:
a/ The application for extension
of the mineral processing permit;
b/ The report on mineral
processing results by the time of application for extension, the expected
mineral-processing output.
Where a mineral-processing
permit has expired but the dossier of application for extension is still under
consideration, the organization or individual permitted to process minerals can
still continue operation until the extension of the permit or the issuance of a
written reply to the organization applying for such extension, which states the
reasons why the permit extension is not allowed.
3. Dossiers of application for
return of mineral-processing permits shall each comprise:
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b/ The report on results of
mineral processing from the date the permit becomes valid to the date of its
return.
4. Dossiers of application for
transfer of the rights to process minerals shall each comprise:
a/ The application for transfer
of the rights to process minerals;
b/ The contract on transfer of
the rights to process minerals, enclosed with a list of transferred assets and
their values; the report on results of mineral processing and obligations
already fulfilled by the time of application for transfer of the rights to
process minerals;
c/ A copy of the written
certification of the legal status, notarized by a state public notary, for the
applicant being a domestic organization, or a copy of the investment license,
notarized by a state public notary, for the applicant being a foreign
organization or a joint venture with foreign parties.
The transfer of the processing
rights shall be approved with the grant of a new processing permit to the
transferee, in replacement of the old one.
5. Dossiers of application for
further exercise of the rights to process minerals shall each comprise:
a/ The application for further
exercise of the rights to process minerals;
b/ A copy notarized by a state
public notary of the legal document, proving that the applicant is entitled to
inherit the mineral processing rights;
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d/The report on
mineral-processing results and the plan on future mineral processing
activities.
The further exercise of the
rights to process minerals shall be approved with the grant of a new
mineral-processing permit to the inheriting organization or individual, in
replacement of the old one.
Article
63.- Order of granting the permits
1. Within sixty (60) working
days after receiving complete and valid dossiers from domestic organizations
applying for mineral activity permits, from foreign organizations or
joint-ventures with foreign parties applying for mineral-prospecting or
exploration permits, the authorized agencies shall have to evaluate the
dossiers and submit them to competent state agencies for consideration of the
grant of permits. For complicated cases, which need more time for consideration
and evaluation, the evaluation time limit may be longer but must not exceed
ninety (90) working days as from the date the complete and valid dossiers are
received1.
2. Within thirty (30) working
days after foreign organizations or individuals or joint ventures with foreign
parties have been granted investment licenses and have submitted complete and
valid dossiers of application for mineral exploitation and processing permits
under regulations, the dossier-receiving agencies must complete the evaluation
of dossiers and submit them to agencies competent to grant permits.
3. Within thirty (30) working
days after receiving the complete and valid dossiers of application for
extension or return of permits or return of part of the mineral activity area,
transfer of the rights to mineral activities or further exercise of the rights
to mineral activities in case of lawful inheritance of such rights, the
dossier-receiving agencies must complete the evaluation of dossiers, submit
them to the competent state agencies for consideration and decision.
4. The time limit specified in
Clause 1 and Clause 3 of this Article shall not cover the time for gathering
comments of concerned agencies on matters relating to the grant of mineral
activity permits.
5. Within seven (07) working
days after receiving the complete and valid dossiers submitted by authorized
agencies, competent state agencies shall consider and decide to grant or not to
grant mineral activity permits, then hand the dossiers back to the
dossier-receiving agencies. In case of not granting permits, they must give
written replies and clearly state the reasons therefor.
6. The dossier-receiving
agencies shall take responsibility for handing mineral activity permits to the
applying organizations.
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8. The Ministry of Natural
Resources and Environment shall provide forms of application and mineral
activity permit and maps of regions subject to mineral activity permits.
Article
64.- Dossiers for evaluation, consideration and approval of mineral deposits
A dossier for evaluation,
consideration and approval of mineral deposits shall comprise:
1. An official letter requesting
evaluation, consideration and approval of mineral deposits.
2. The exploration scheme and a
copy of the mineral exploration permit, notarized by a state public notary.
3. The minutes on acceptance of
the volume and quality of the exploration work, which has been executed by the
organization or individual granted a mineral exploration permit.
4. Four dossier sets, including
three print sets and one CD set, consisting of an explanation of the
exploration report, appendices, drawings and original documents.
Article
65.- Order of evaluation, consideration and approval of mineral deposits
1. The Office of the Mineral
Deposit Evaluating Council shall receive dossiers of request for evaluation, consideration
and approval of mineral deposits, which are submitted to the Council;
provincial/municipal Services of Natural Resources and Environment shall
receive dossiers of request for evaluation, consideration and approval of
mineral deposits, which are submitted to provincial-level People's Committees.
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Chapter
XIII
FULL EXTRACTION OF
MINERALS
Article
66.- Area of a region for full extraction of minerals
The area of a region for full
extraction of minerals under a permit granted to an organization shall not
exceed ten (10) hectares, and not exceed (01) hectare for an individual.
Article
67.- Extension of permits for full extraction of minerals
A permit for full extraction of
minerals may be extended many times but the total extension duration shall not
exceed twenty four (24) months, under the following conditions at the time of
application for extension:
1. The organization or individual
permitted to fully extract minerals have fulfilled the obligations stipulated
in Article 52 of the Law on Minerals;
2. The permit for full
extraction of minerals remains valid for no less than thirty (30) days.
Article
68.- Order and procedures for, the grant, extension or return of permits for
full extraction of minerals
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Chapter
XIV
INSPECTION AND
SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS
Article
69.- Mineral inspectorate
1. Mineral inspectorate means
inspectorate specialized in minerals.
2. The organization, tasks and
powers of mineral inspectorate shall be provided by the Government.
Article
70.- Settlement of complaints and denunciations
The settlement of complaints and
denunciations in the field of minerals shall comply with the provisions of law
on complaints and denunciations.
Chapter
XV
IMPLEMENTATION
PROVISIONS
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This Decree takes effect 15 days
after its publication in "CONG BAO" and replaces the Government's
Decree No. 76/2000/ND-CP of December 15, 2000, detailing the implementation of
the Law on Minerals (amended).
Article
72.- Responsibilities of ministries, ministerial-level agencies,
Government-attached agencies, People's Committees of provinces and
centrally-run cities, and relevant organizations and individuals
1. The Minister of Natural
Resources and Environment and concerned ministers shall, within the ambit of
their functions, tasks and powers, have to guide the implementation of this
Decree.
2. Ministers, heads of
ministerial-level agencies, heads of the Government-attached agencies,
presidents of provincial/municipal People's Committees and concerned
organizations and individuals shall have to implement this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai