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THE GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 11/2025/ND-CP
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Hanoi, January 15, 2025
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DECREE
ELABORATION OF LAW ON GEOLOGY AND MINERALS REGARDING
EXTRACTION OF GROUP-IV MINERALS
Pursuant
to the Law on Government Organization dated June 19, 2015;
Pursuant
to the Law on amendments to some Articles of the Law on Government Organization
and the Law on Local Government Organization dated November 22, 2019;
Pursuant
to the Law on Geology and Minerals dated November 29, 2024;
Pursuant
to the Law on Minerals dated November 17, 2010;
At
the request of the Minister of Natural Resources and Environment;
The
Government promulgates Decree on elaboration of Law on Geology and Minerals
regarding extraction of group-IV minerals.
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GENERAL PROVISIONS
Article
1. Scope
This
Decree elaborates validity period of licenses to extract group-IV minerals;
extension, revision, return, revocation and invalidation of licences to extract
group-IV minerals; appraisal authorities, applications and procedures for
issuance, extension, revision, return and revocation of licences to extract
group-IV minerals; protection, renovation and restoration of environment upon
extraction of group-IV minerals; handling of residual minerals specified in
point d, clause 2, Article 73 of the Law on Geology and Minerals.
Article
2. Regulated entities
This
Decree applies to agencies, organizations and individuals carrying out
operations related to extraction of group-IV minerals.
Article
3. Interpretation of terms
For
the purposes in this Decree, the terms below are construed as follows:
1.
Projects/structures using minerals refer to projects, structures, work items
and emergency mobilization specified in point a and point b clause 2 Article 72
of the Law on Geology and Minerals, using group-IV minerals and prescribed in
extraction licenses.
2.
Residual group-IV minerals refer to the volume of group-IV minerals that are
licensed to be extracted as prescribed in group-IV mineral extraction licenses
issued to the organizations specified in clause 2, Article 72 of the Law on
Geology and Minerals, and have been extracted but have not been fully used for
projects and structures using minerals specified in group-IV mineral extraction
licenses.
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GROUP-IV MINERAL EXTRACTION
Article 4. Validity
period of extraction license
1.
The validity period of a group-IV mineral extraction license (hereinafter
referred to as “extraction license”) issued to an organization/individual
specified in clause 1 Article 72 of the Law on Geology and Minerals shall not
exceed 10 years, including the period of fundamental construction and the
period of extraction, determined according to a mineral extraction investment
project. The validity period of the extraction license may be extended multiple
times according to regulations in Article 7 of this Decree to a maximum of 5
years.
2.
The maximum validity period of the extraction license issued to the
organization specified in clause 2 Article 72 of the Law on Geology and
Minerals shall be equal to the period of implementation of a project/structure
using minerals and mentioned in the extraction license, including the period of
fundamental construction and the period of extraction. The validity period of
the extraction license may be extended multiple times in accordance with
Article 7 of this Decree, but total period of issuance and extension shall not
exceed the period of implementation of the project/structure using minerals and
mentioned in the extraction license (including the extended/adjusted period).
Article
5. Authorities processing applications for issuance, extension, revision,
return and revocation of extraction licenses
1.
Single Window System is an application-receiving authority that is responsible
for receiving an application when it is adequate according to regulations. If
the application is inadequate, the Single Window System shall not receive the
application and write reasons for refusal to receive the application in a
written request for amendments to and completion of the application according
to the Government’s regulations on receipt of administrative applications.
2. A
geology and mineral authority affiliated to the provincial People's Committee
shall appraise an application for issuance, extension, revision, return
or revocation of an extraction license.
3.
The provincial People's Committee shall issue, extend, revise, return or revoke
extraction licenses.
4. An
organization/individual is required to amend and complete an application for
issuance, extension, revision or return of an extraction license as
follows:
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b)
The period of amendment and completion of the application will not be included
in the period of appraisal/submission for issuance, extension, revision, return
and revocation of the extraction license;
c)
After amendment and completion of the application, if it still fails to meet
the prescribed requirements, the appraisal authority shall cease the appraisal
and return the application for issuance, extension, revision or return of the
extraction license. In this case, another application may be submitted but it
will be considered as a new application.
Article 6. Issuance of extraction license
1.
Conditions for issuance of an extraction license to the organization/individual
specified in clause 1 Article 72 of the Law on Geology and Minerals:
a)
Regarding a mineral extraction investment project that is subject to approval
for its investment guidelines, an investment guideline decision or a written
investment guideline approval shall be granted according to regulations of the
law on investment;
b) A
decision on approval for a report on results of appraisal of a report on
environmental impact assessment or environmental license shall be issued
according to regulations of the law on environmental protection;
c)
Mineral extraction principles specified in clause 2 Article 73 of the Law on
Geology and Minerals shall be followed;
d) At
proposed area, results of survey and general assessment of group-IV minerals
have been produced or mineral exploration results have been certified,
recognized or approved by a competent authority;
dd)
There is a satisfactory application specified in point a clause 3 of this
Article.
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a)
Conditions specified point c and point d clause 1 of this Article are
satisfied;
b)
There is a satisfactory application specified in point b clause 3 of this
Article.
3. An
application for issuance of an extraction license shall be made and submitted
to the Single Window System. Components of the application are regulated as
follows:
a)
The organization/individual specified in clause 1 Article 72 of the Law on
Geology and Minerals shall submit the application, including an authentic copy
of written request for issuance of the extraction license; certified true
copies or copies enclosed with their authentic copies for comparison or
certified true electronic copies of their authentic copies of the approved
mineral extraction project as prescribed, the mineral exploration result report
or the report on results of general assessment of group-IV minerals and
documents proving the owner's equity as prescribed in Article 9 of the
Government’s Decree No. 158/2016/ND-CP dated November 29, 2016;
b)
The organization specified in clause 2 Article 72 of the Law on Geology and
Minerals shall submit the application, including an authentic copy of written
request for issuance of the extraction license, a group-IV mineral extraction
plan; a certified true copy or copy enclosed with its authentic copy for
comparison or a certified true electronic copy of its authentic copy of a
written approval for the selected building contractor, the mineral exploration
result report or the report on results of general assessment of group-IV
minerals.
4.
Procedures for issuing the extraction license to the organization/individual
specified in clause 1 Article 72 of the Law on Geology and Minerals shall be
followed as follows:
a)
Within 15 days from the date of receipt of the application, the appraisal
authority shall be responsible for inspecting and reviewing documents, the
application and contents related to issuance of the extraction license;
conducting on-site inspection; if necessary, sending written requests for
opinions of construction, culture, forestry, dyke, irrigation, hydropower,
religion, traffic, telecommunications, national defense and security
authorities affiliated to the provincial People's Committee about an area where
mineral activities are banned or temporarily banned and contents related to
issuance of the extraction license.
The
on-site inspection time shall be decided by the appraisal authority but the
on-site inspection shall be completed before the application for issuance of
the extraction license is submitted to the provincial People's Committee;
b)
Within 05 working days from the date on which the appraisal authority sends
written requests for opinions according to point a of this clause, the enquired
authorities shall be responsible for giving written responses to relevant
issues. If the enquired authorities fail to give any written response by the
aforementioned deadline, it is considered that such authorities concur with the
contents and they shall be responsible for relevant contents stated the
application for issuance of the extraction license.
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d)
Within 03 working days from the date of receipt of the application for issuance
of the extraction license, the provincial People's Committee shall decide to
issue or refuse to issue the extraction license. In case of refusal, a written
response, stating reasons shall be given.
dd)
Within 02 working days from the date on which the provincial People's Committee
decides to issue or refuse to issue the extraction license, the Single Window
System shall preside over and cooperate with the appraisal authority in
notification to the applicant for receipt of the application processing result
and fulfillment of relevant obligations as per law;
e) In
case the application for issuance of the extraction license is accepted, within
02 working days from the date of receipt of adequate documents proving
fulfillment of relevant financial obligations, the Single Window System shall
hand over the license to the applicant.
5.
Procedures for issuing the extraction license to the organization specified in
clause 2 Article 72 of the Law on Geology and Minerals shall be followed as
follows:
a)
Within 07 working days from the date of receipt of the application, the
appraisal authority shall be responsible for inspecting and reviewing
documents, the application and contents related to issuance of the extraction
license; conducting on-site inspection; if necessary, sending written requests
for opinions of construction, culture, forestry, dyke, irrigation, hydropower,
religion, traffic, telecommunications, national defense and security
authorities affiliated to the provincial People's Committee about an area where
mineral activities are banned or temporarily banned and contents related to
issuance of the extraction license.
The
on-site inspection time shall be decided by the appraisal authority but the
on-site inspection shall be completed before the application for issuance of
the extraction license is submitted to the provincial People's Committee;
b)
Within 03 working days from the date on which the appraisal authority sends
written requests for opinions according to point a of this clause, the enquired
authorities shall be responsible for giving written responses to relevant
issues. If the enquired authorities fail to give any written response by the
aforementioned deadline, it is considered that such authorities concur with the
contents and they shall be responsible for relevant contents stated the
application for issuance of the extraction license;
c)
Within 02 working days from the date on which the procedures mentioned in point
a and point b of this clause are completely followed, the appraisal authority
shall complete the appraisal of coordinates, area, depth, volume of minerals,
capacity, period of extraction stated in the application for issuance of the
extraction license and other contents related to the license issuance;
determine a mineral extraction licensing fee; and submit the application for
issuance of the extraction license, approval for the mineral extraction
licensing fee to the provincial People's Committee;
d)
Within 02 working days from the date of receipt of the application for issuance
of the extraction license, the provincial People's Committee shall decide to
issue or refuse to issue the extraction license. In case of refusal, a written
response, stating reasons shall be given.
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e) In
case the extraction license is issued, after receipt of adequate documents
proving fulfillment of relevant financial obligations, the Single Window System
shall hand over the extraction license to the applicant.
Article
7. Extension of extraction license
1.
The extraction license issued to the organization/individual specified in
clause 1 Article 72 of the Law on Geology and Minerals shall be considered for
extension in order to extract the remaining mineral volume specified in the
extraction license if minerals have not completely been extracted when the
following conditions are met:
a)
Regarding a mineral extraction investment project that is subject to approval
for its investment guidelines, an investment guideline modification decision or
a written investment guideline modification approval or a decision to extend
the implementation period shall be granted according to regulations of the law
on investment;
b) A
decision on approval for a report on results of appraisal of a report on
environmental impact assessment, environmental license or environmental license
that has been revised/re-issued shall be issued according to regulations of the
law on environmental protection;
c)
Until the submission of the application for extension of the extraction
license, the organization/individual has fulfilled financial obligations to the
extraction license proposed to be extended, including mineral extraction
licensing fee; reimbursement for the costs of mineral resource potential
assessment and exploration (if any); environmental protection fee in mineral
extraction; severance tax for minerals, environmental protection deposit in
mineral extraction;
d)
There is a satisfactory application specified in clause 3 of this Article and
the application is submitted before the extraction license expires.
2.
The extraction license issued to the organization specified in clause 2 Article
72 of the Law on Geology and Minerals shall be considered for extension in
order to extract the remaining mineral volume specified in the extraction
license if minerals have not completely been extracted when the following
conditions are met:
a)
Conditions specified point c and point d clause 1 of this Article are
satisfied;
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3. An
application for extension of an extraction license shall be made and submitted
to the Single Window System. The application includes:
a) An
authentic copy of written request for extension of the extraction license;
status map of area where minerals are extracted at the time of application for
extension of the extraction license; a report on results of extracting minerals
until the application for extension of the extraction license; a next plan to
extract minerals;
b)
Authentic copies or certified true copies or copies enclosed with their
authentic copies for comparison or certified true electronic copies of their
authentic copies of a mineral extraction project that has been approved for
mortification according to regulations of law in the case specified in clause 1
Article 72 of the Law on Geology and Minerals; written permission for extension
of the project/structure using minerals specified in the extraction license in
the cases specified in clause 2 Article 72 of the Law on Geology and Minerals;
and documents proving that the obligations have been completely fulfilled in
accordance with point c clause 1 of this Article.
4.
Procedures for extending the extraction license issued to the
organization/individual specified in clause 1 Article 72 of the Law on Geology
and Minerals shall be followed as follows:
a)
Within 10 days from the date of receipt of the application, the appraisal
authority shall be responsible for inspecting and reviewing documents, the
application and contents related to extension of the extraction license;
conducting on-site inspection; if necessary, sending written requests for
opinions of a construction authority affiliated to the provincial People's
Committee about extension of the extraction license.
The
on-site inspection time shall be decided by the appraisal authority but the
on-site inspection shall be completed before the application for extension of
the extraction license is submitted to the provincial People's Committee;
b)
Within 05 working days from the date on which the appraisal authority sends
written requests for opinions according to point a of this clause, the enquired
authority shall be responsible for give a written response to relevant issues. If
the enquired authority fails to give any written response by the aforementioned
deadline, it is considered that the authority concurs with the contents and it
shall be responsible for relevant contents stated the application for extension
of the extraction license;
c)
Within 03 working days from the date on which the procedures mentioned in point
a and point b of this clause are completely followed, the appraisal authority
shall complete the appraisal of documents, the application, the extension
period and other contents related to the extension of the extraction license;
and submit the application for extension of the extraction license to the provincial
People's Committee;
d)
Within 03 working days from the date of receipt of the application for
extension of the extraction license, the provincial People's Committee shall
decide to extend or refuse to extend the extraction license. In case of refusal,
a written response, stating reasons shall be given.
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e) In
case the application for extension of the extraction license is accepted, within
02 working days from the date of receipt of adequate documents proving
fulfillment of relevant financial obligations, the Single Window System shall
hand over the extended license to the applicant.
5.
Procedures for extending the extraction license issued to the organization
specified in clause 2 Article 72 of the Law on Geology and Minerals shall be
followed as follows:
a)
Within 05 working days from the date of receipt of the application, the
appraisal authority shall be responsible for inspecting and reviewing
documents, the application and contents related to extension of the extraction
license; conducting on-site inspection; if necessary, sending written requests
for opinions of the investor in the project/structure using minerals about
extension of the extraction license.
The
on-site inspection time shall be decided by the appraisal authority but the
on-site inspection shall be completed before the application for extension of
the extraction license is submitted to the provincial People's Committee;
b)
Within 03 working days from the date on which the appraisal authority sends
written requests for opinions according to point a of this clause, the investor
shall be responsible for giving a written response to relevant issues. If the
investor fails to give any written response by the aforementioned deadline, it
is considered that the investor concurs with the contents and the investor
shall be responsible for relevant contents stated the application for extension
of the extraction license;
c)
Within 02 working days from the date on which the procedures mentioned in point
a and point b of this clause are completely followed, the appraisal authority
shall complete the appraisal of documents, the application, the extension
period and other contents related to the extension of the extraction license;
and submit the application for extension of the extraction license to the
provincial People's Committee;
d)
Within 02 working days from the date of receipt of the application for
extension of the extraction license, the provincial People's Committee shall
decide to extend or refuse to extend the extraction license. In case of
refusal, a written response, stating reasons shall be given.
dd)
Within 01 working day from the date on which the provincial People's Committee
decides to extend or refuse to extend the extraction license, the Single Window
System shall preside over and cooperate with the appraisal authority in
notification to the applicant for receipt of the application processing result
and fulfillment of relevant obligations as per law;
e) In
case the extraction license is extended, upon receipt of adequate documents
proving fulfillment of relevant financial obligations, the Single Window System
shall hand over the extended license to the applicant.
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a)
The organization/individual extracting minerals shall cease the extraction of
minerals until the extraction license is extended. If the application for
extension of the extraction license is rejected, the organization/individual
extracting minerals shall fulfill the obligations as prescribed when the
extraction license ceases to be effective;
b)
The appraisal authority shall continue the appraisal and request the provincial
People's Committee to extend the extraction license if the application for
extension of the extraction license is satisfactory in accordance with clause
1, clause 2 of this Article.
7.
The written request for extension of the extraction license is provided for in
Form No. 1 of the Appendix enclosed with this Decree; the next plan to extract
minerals is provided for in Form No. 4 of the Appendix enclosed with this
Decree; and the report on results of extracting minerals until the application
for extension of the extraction license shall comply with regulations in point
h clause 4 Article 73 of the Law on Geology and Minerals and those issued by
the Minister of Natural Resources and Environment.
Article 8. Revision to extraction license
1.
The organization/individual extracting minerals shall revise its extraction
license in one of the following cases:
a)
Changing volume (reserve) of minerals specified in the license;
b)
Increasing area or changing the depth of mineral extraction;
c) Returning
part of the mineral extraction area;
d)
Increasing mineral extraction capacity;
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e)
Changing the name of the organization/individual issued with the extraction
license;
g)
Declaring part of the mineral extraction area an area where mineral activities
are banned or temporarily banned;
h)
Changing or modifying the project/structure using minerals in case the
extraction license is issued to one of the organizations specified in clause 2
Article 72 of the Law on Geology and Minerals.
2.
The extraction license issued to the organization/individual specified in clause
1 Article 72 shall be considered for revision when the following conditions are
met:
a)
Regarding a mineral extraction investment project that is subject to approval
for its investment guidelines, an investment guideline modification decision or
a written investment guideline modification approval or a decision to extend
the implementation period shall be granted according to regulations of the law
on investment;
b) A
decision on approval for a report on results of appraisal of a report on
environmental impact assessment, environmental license or environmental license
that has been revised/re-issued shall be issued according to regulations of the
law on environmental protection;
c) In
the cases specified in points a and b clause 1 of this Article, results of
survey and general assessment of group-IV minerals at the horizontally or
vertically extended area must be produced.
d) In
the cases specified in points a, b, c, d, dd and h clause 1 of this Article,
until the submission of the application for revision to the extraction license,
the organization/individual has fulfilled financial obligations to the
extraction license proposed to be revised, including mineral extraction
licensing fee, reimbursement for the costs of mineral resource potential assessment
and exploration (if any); environmental protection fee in mineral extraction;
severance tax for minerals, environmental protection deposit in mineral
extraction;
dd)
There is a satisfactory application specified in point b clause 4 of this
Article.
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a)
Conditions specified points c, d and dd clause 1 of this Article are satisfied;
b) In
case of revision to the extraction license that includes adjustment to
extraction period, the remaining operation period of the project/structure
using the minerals specified in the extraction license (including the
extended/adjusted period) shall not be shorter than the adjusted extraction
period;
c) In
the case specified in point h clause 1 of this Article, the building contractor
of the project/structure using minerals proposed to be changed or added to the
extraction license shall be the organization issued with the extraction
license.
4. An
application for revision to an extraction license shall be made and submitted
to the Single Window System. The application includes:
a) An
authentic copy of written request for revision to the extraction license; status
map of area where minerals are extracted at the time of application for
revision to the extraction license, except for the case specified in point e
clause 1 of this Article; a report on results of extracting minerals until the
application for revision to the extraction license, except for the case
specified in point e clause 1 of this Article; a next plan to extract minerals,
except for the case specified in point e clause 1 of this Article; a project on
partially closing the area where minerals are extracted in the case specified
in point c or point d clause 1 of this Article;
b)
Authentic copies or certified true copies or copies enclosed with their
authentic copies for comparison or certified true electronic copies of their
authentic copies of documents proving that the obligations have been completely
fulfilled in accordance with point d clause 2 of this Article; mineral
extraction project that has been approved for mortification according to
regulations of law in the case specified in clause 1 Article 72 of the Law on
Geology and Minerals, except for the case specified in point e clause 1 of this
Article; a written approval for the selected building contractor of the
project/structure using minerals in case of revision to the extraction license
specified in point h clause 1 of this Article; documents related to change in
the name in the case specified in point e clause 1 of this Article.
5.
Procedures for revising the extraction license issued to the
organization/individual specified in clause 1 Article 72 of the Law on Geology
and Minerals shall be followed as follows:
a)
Within 10 days from the date of receipt of the application, the appraisal
authority shall be responsible for inspecting and reviewing documents, the
application and contents related to revision to the extraction license; and
conducting on-site inspection in the cases specified in point b, point c and
point g clause 1 of this Article. If necessary, the appraisal authority shall
send written requests for opinions of construction, culture, forestry, dyke,
irrigation, hydropower, religion, traffic, telecommunications, national defense
and security authorities affiliated to the provincial People's Committee about
an area where mineral activities are banned or temporarily banned and contents
related to revision to the extraction license in the case specified in point b
clause 1 of this Article; opinions of the construction authority affiliated to
the provincial People's Committee about revisions to the extraction license in
the cases specified in point a, point b, point d and point dd clause 1 of this
Article.
The
on-site inspection time shall be decided by the appraisal authority but the
on-site inspection shall be completed before the application for revision to
the extraction license is submitted to the provincial People's Committee;
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c) In
the cases specified in point c and point g clause 1 of this Article, within 03
working days from the date of receipt of all opinions from relevant authorities
specified in point a and point b of this clause, the appraisal authority shall
submit a mine closure scheme to an appraisal council for appraisal according to
Article 45 of the Decree No. 158/2016/ND-CP;
d)
Within 03 working days from the date on which the procedures mentioned in
points a, b and c of this clause are completely followed, the appraisal
authority shall complete the appraisal of documents, the application, contents
proposed to be revised and contents related to revision to the extraction
license; determine a mineral extraction licensing fee if adjusted; and submit
the application for revision to the extraction license (and at the same time,
approve the project on partially closing the area where minerals are extracted
in the case specified in point c or point g clause 1 of this Article), approval
for adjustment to the mineral extraction licensing fee (if any) to the
provincial People's Committee;
dd)
Within 03 working days from the date of receipt of the application for revision
to the extraction license, the provincial People's Committee shall decide to
revise or refuse to revise the extraction license. In case of refusal, a
written response, stating reasons shall be given;
e)
Within 02 working days from the date on which the provincial People's Committee
decides to revise or refuse to revise the extraction license, the Single Window
System shall preside over and cooperate with the appraisal authority in
notification to the applicant for receipt of the application processing result
and fulfillment of relevant obligations as per law;
g) In
case the application for revision to the extraction license is accepted, within
02 working days from the date of receipt of adequate documents proving
fulfillment of relevant financial obligations, the Single Window System shall
hand over the decision to revise the extraction license to the applicant.
6.
Procedures for revising the extraction license issued to the organization
specified in clause 2 Article 72 of the Law on Geology and Minerals shall be
followed as follows:
a)
Within 05 working days from the date of receipt of the application, the
appraisal authority shall be responsible for inspecting and reviewing
documents, the application and contents related to revision to the extraction
license; and conducting on-site inspection in the cases specified in point b,
point c and point g clause 1 of this Article. If necessary, the appraisal
authority shall send written requests for opinions of construction, culture,
forestry, dyke, irrigation, hydropower, religion, traffic, telecommunications,
national defense and security authorities affiliated to the provincial People's
Committee about an area where mineral activities are banned or temporarily
banned and contents related to revision to the extraction license in the case
specified in point b clause 1 of this Article; opinions of the investor in the
project/structure using minerals about use of minerals in the case specified in
point h clause 1 of this Article.
The
on-site inspection time shall be decided by the appraisal authority but the
on-site inspection shall be completed before the application for revision to
the extraction license is submitted to the provincial People's Committee;
b)
Within 03 working days from the date on which the appraisal authority sends
written requests for opinions according to point a of this clause, the enquired
authorities and the investor shall be responsible for giving written responses
to relevant issues. If the enquired authorities and the investor fail to give
any written response by the aforementioned deadline, it is considered that such
authorities and investor concur with the contents and they shall be responsible
for relevant contents stated the application for revision to the extraction
license;
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d)
Within 02 working days from the date on which the procedures mentioned in
points a, b and c of this clause are completely followed, the appraisal
authority shall complete the appraisal of documents, the application, contents
proposed to be revised and other contents related to revision to the extraction
license; determine a mineral extraction licensing fee if adjusted; and submit
the application for revision to the extraction license (and at the same time,
approve the project on partially closing the area where minerals are extracted
in the case specified in point c or point g clause 1 of this Article), approval
for adjustment to the mineral extraction licensing fee (if any) to the
provincial People's Committee;
dd)
Within 02 working days from the date of receipt of the application for revision
to the extraction license, the provincial People's Committee shall decide to
revise or refuse to revise the extraction license. In case of refusal, a
written response, stating reasons shall be given;
e)
Within 01 working day from the date on which the provincial People's Committee
decides to revise or refuse to revise the extraction license, the Single Window
System shall preside over and cooperate with the appraisal authority in
notification to the applicant for receipt of the application processing result
and fulfillment of relevant obligations as per law;
g) In
case the application for revision to the extraction license is accepted, after
receipt of adequate documents proving fulfillment of relevant financial
obligations, the Single Window System shall hand over the decision to revise
the extraction license to the applicant.
7. If
the extraction license expires during the appraisal/consideration of revision:
a)
The organization/individual extracting minerals shall cease the extraction of
minerals until the extraction license is revised (including adjustment to the
extraction period). If the application for revision to the extraction license
is rejected, the organization/individual extracting minerals shall fulfill the
obligations as prescribed when the extraction license ceases to be effective;
b)
The appraisal authority shall continue the appraisal and request the provincial
People's Committee to revise the extraction license if the application for
revision to the extraction license is satisfactory in accordance with clause 1
of this Article.
8. In
the cases specified in point c and point g clause 1 of this Article, after the
provincial People's Committee issues the decision to revise the extraction
license, the organization/individual extracting minerals shall implement the
mine closure scheme, notify an acceptance authority and give a mine closure
decision in accordance with Article 74 and Article 75 of the Law on Geology and
Minerals dated November 17, 2010 and Article 46 of the Decree No.
158/2016/ND-CP.
9.
The written request for revision to the extraction license is provided for in
Form No. 2 of the Appendix enclosed with this Decree; the next plan to extract
minerals is provided for in Form No. 4 of the Appendix enclosed with this
Decree; the project on partially closing the area where minerals are extracted
is provided for in Form No. 5 of the Appendix enclosed with this Decree; the
decision to revise the extraction license is provided for in Form No. 6 of the
Appendix enclosed with this Decree; and the report on results of extracting
minerals until the application for revision to the extraction license shall
comply with regulations in point h clause 4 Article 73 of the Law on Geology
and Minerals and those issued by the Minister of Natural Resources and
Environment.
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1.
The extraction license shall be considered for permission for return when the
organization/individual submits the satisfactory application specified in
clause 2 of this Article before the extraction license expires.
2. An
application for return of an extraction license shall be made and submitted to
the Single Window System. The application includes an authentic copy of written
request for return of the extraction license; status map of area where minerals
are extracted at the time of application for return of the extraction license;
a report on results of extracting minerals until the application for return of
the extraction license; a mine closure scheme.
3.
Procedures for permitting for return of the extraction license shall be
followed as follows:
a)
Within 10 days from the date of receipt of the application, the appraisal
authority shall be responsible for inspecting and reviewing documents, the
application and contents related to the return of the extraction license;
conducting on-site inspection; sending written requests for opinions of a
construction authority affiliated to the provincial People's Committee about
return of the extraction license.
The
on-site inspection time shall be decided by the appraisal authority but the
on-site inspection shall be completed before the application for return of the
extraction license is submitted to the provincial People's Committee;
b)
Within 05 working days from the date on which the appraisal authority sends
written requests for opinions according to point a of this clause, the enquired
authority shall be responsible for giving a written response to relevant
issues. If the enquired authority fails to give any written response by the
aforementioned deadline, it is considered that the authority concurs with the
contents and it shall be responsible for relevant contents stated the
application for return of the extraction license;
c)
Within 03 working days from the date of receipt of all opinions from the
relevant authority specified in point a and point b of this clause, the
appraisal authority shall submit a mine closure scheme to the appraisal council
for appraisal according to Article 45 of the Decree No. 158/2016/ND-CP;
d)
Within 05 working days from the date on which the procedures mentioned in point
b, point c and point d of this clause are completely followed, the appraisal
authority shall complete the appraisal of documents, the application and other
contents related to the return of the extraction license; submit the
application for return of the extraction license to the provincial People's
Committee and at the same time approve the mine closure scheme;
dd)
Within 03 working days from the date of receipt of the application for return
of the extraction license, the provincial People's Committee shall decide to
return or refuse to return the extraction license. In case of refusal, a
written response, stating reasons shall be given.
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g) In
case the application for return of the extraction license is accepted, within
02 working days from the date of receipt of adequate documents proving
fulfillment of relevant financial obligations, the Single Window System shall
hand over the decision to permit the return of the extraction license to the
applicant
4.
After the provincial People's Committee issues the decision to permit the
return of the extraction license, the organization/individual extracting
minerals shall implement the mine closure scheme, notify an acceptance
authority and give a mine closure decision in accordance with Article 74 and
Article 75 of the Law on Geology and Minerals and Article 46 of the Decree No.
158/2016/ND-CP.
5.
The written request for return of the extraction license is provided for in
Form No. 3 of the Appendix enclosed with this Decree; the mine closure scheme
is provided for in Form No. 5 of the Appendix enclosed with this Decree; the
decision to permit the return of the extraction license is provided for in Form
No. 7 of the Appendix enclosed with this Decree; and the report on results of
extracting minerals until the application for return of the extraction license
shall comply with regulations in point h clause 4 Article 73 of the Law on
Geology and Minerals and those issued by the Minister of Natural Resources and
Environment
Article
10. Revocation and invalidation of extraction license
1. An
extraction license shall be revoked in the following cases:
a)
The extraction license is issued ultra vires or contains contents which are
contrary to the law;
b)
Mineral activities are banned or temporarily banned at the licensed mineral
extraction area;
c)
The competent authority issues a decision to expropriate the entire area of land
where mineral extraction was previously licensed for use for other purposes in
accordance with the land law and other relevant laws;
d)
Regarding an extraction license issued to the organization specified in clause
2 Article 72 of the Law on Geology and Minerals, after 06 months from the date
on which the operation of the project/structure using minerals stated in the
extraction license is terminated or the investment certificate/investment
registration certificate/investment license is revoked or the PPP project
contract is terminated in accordance with regulations of laws on investment,
public investment and public - private partnership Investment, the organization
issued with the extraction license fails to submit the satisfactory application
for revision to the license according to point h clause 1 Article 8 of this
Decree to the competent authority.
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a)
The extraction license is revoked;
b)
The extraction license expires but conditions for extension thereof are not
met;
c)
The extraction license is returned;
d)
The mineral-extracting organization is dissolved or goes bankrupt;
dd)
The organization/individual extracting minerals has its enterprise registration
certificate/cooperative registration certificate, joint cooperative
registration certificate, or household business certificate revoked in
accordance with regulations of laws on enterprises and cooperatives;
e)
The mineral extraction investment project of the organization/individual
extracting minerals specified in clause 1 Article 72 of the Law on Geology and
Minerals is terminated by the competent authority according to regulations of
the investment law;
g)
The entire land owned by the organization/individual extracting minerals at the
area where minerals are extracted is expropriated by the competent authority
due to violation against the land law;
h)
The extraction license is invalidated according to a Court’s judgment/decision
or an arbitration award.
3. If
the organization/individual detects the case specified in point a clause 1 of
this Article, it/she/he shall notify the provincial People's Committee to
follow procedures for revocation of the extraction license.
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a)
Within 60 days, from the date of detection or receipt of the notification of
the case specified in point a clause 1 of this Article, a geology and mineral
authority affiliated to the provincial People's Committee shall preside over
and cooperate with relevant authorities in verifying and clarifying the case
where the extraction license is issued ultra vires or contains contents which
are contrary to the law; making review and submitting an application for
revocation of the extraction license specified in clause 5 of this Article to
the provincial People's Committee.
Within
20 days, from the date on which the competent authority declares the area where
mineral activities are banned or temporarily banned or expropriates the entire
land used for mineral activities in accordance with point b and point c clause
1 of this Article, the geology and mineral authority affiliated to the
provincial People's Committee shall make review and submit the application for
revocation of the extraction license specified in clause 5 of this Article to
the provincial People's Committee.
b)
Within 07 working days from the date on which the application for revocation of
the extraction license is received, the provincial People's Committee shall
issue a decision to revoke the extraction license;
c)
Within 05 working days from the date on which the provincial People's Committee
issues the decision to revoke the extraction license, the geology and mineral
authority affiliated to the provincial People's Committee shall publicly
announce the revocation of the extraction license on the web portal of the
provincial People's Committee, and at the same time give a notification of
invalidation of the revoked extraction license and request the
organization/individual extracting minerals to fulfill their obligations to
mine closure and other obligations related to the invalidated license.
5. An
application for revocation of the extraction license includes:
a) A
written request or a request sheet for reasons for/results of review and
inspection of relevant documents and a proposal to revoke or not to revoke the
extraction license.
b) A
written notification given by the organization/individual specified in clause 3
of this Article in the case specified in point a clause 1 of this Article;
c) A
record or document verifying and clarifying the case where the extraction
license is issued ultra vires or contains contents which are contrary to the
law according to point a clause 1 of this Article;
d) A
copy of decision to approve the area where mineral activities are banned or
temporarily banned in the case specified in point b clause 1 of this Article;
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e) A
draft Decision on revocation of the extraction license.
6.
The organization/individual that has its extraction license revoked shall close
mine according to regulations of law.
7.
The Decision to revoke the extraction license is provided for in Form No. 8 of
the Appendix enclosed with this Decree.
Article
11. Handling residual group-IV minerals in case extraction licenses are issued
to organizations specified in clause 2 Article 72 of the Law on Geology and
Minerals
1.
Each organization specified in clause 2 Article 72 of the Law on Geology and
Minerals issued with an extraction license is only entitled to use group-IV
minerals for projects/structures using minerals specified in the extraction
license.
2. If
the project/structure obviates the need for minerals, residual minerals shall
be handled as follows:
a)
They shall be provided for other projects/structures using minerals after the
competent authority revises the extraction license in accordance with point h
clause 1 Article 8 of this Decree;
b)
They shall be provided for other public investment projects after the
Chairperson of the provincial People's Committee gives a written consent;
c) They
shall be used for renovation and restoration of environment according to an
environment renovation and restoration plan included in the mineral extraction
plan.
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1.
The organization/individual extracting minerals specified in clause 1 Article
72 of the Law on Geology and Minerals shall follow environment procedures and
protect environment upon mineral extraction according to the law on
environmental protection.
2.
The organization extracting minerals specified in clause 2 Article 72 of the
Law on Geology and Minerals shall meet the following requirements:
a)
Make an environment renovation and restoration plan and include it in the
mineral extraction plan;
b)
Pay deposits on environment renovation and restoration upon mineral extraction
in accordance with the law on environmental protection
c)
Implement environmental protection measures during the extraction; renovate and
restore environment according to the environment renovation and restoration
plan included in the mineral extraction plan when the mineral extraction ends.
3.
Deposits on environment renovation and restoration shall be refunded to the
organization extracting minerals according to regulations of the law on
environmental protection.
Chapter
III
IMPLEMENTATION CLAUSES
Article
13. Amendments to clause 1 Article 22 of the Government’s Decree No.
158/2016/ND-CP dated November 29, 2016, amended by the Government's Decree No.
67/2019/ND-CP dated July 31, 2019 and the Government’s Decree No. 22/2023/ND-CP
dated May 12, 2023.
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“h.
Group IV mineral area zoned for consideration and issuance of the extraction
license to the organization accepted and selected by the competent authority as
a building contractor of a project of national importance, an urgent public
investment project, a work/work item included in a national target program
according to regulations of the law on public investment; for emergency
mobilization for prompt response to emergency natural disaster circumstances,
and construction of works serving management of natural disasters according to
regulations of the law on management of natural disasters.”.
Article
14. Transition clauses
1. If
the organization/individual has its application for issuance of a license to
explore/extract minerals specified in point d clause 1 Article 6 of the Law on
Geology and Minerals received by the competent authority but the result of
processing the application has not yet been produced, it/he/she may follow
procedures as per law at the time of receipt of the application or in
accordance with regulations of this Decree.
2. If
the organization/individual has been issued with a license to explore minerals
specified in point d clause 1 Article 6 of the Law on Geology and Minerals by
the competent authority and the exploration license is still valid but the
mineral reserve has not yet been approved, it/she/he may continue to carry out
the exploration according to the issued exploration license or conduct survey
and general assessment of group IV minerals in accordance with point a clause 1
Article 73 of the Law on Geology and Minerals and this Decree.
3.
Regarding licences to extract minerals specified in point d clause 1 Article 6
of the Law on Geology and Minerals issued before the effective date of this
Decree:
a)
Regulations stated in the extraction license shall continue to be complied
with;
b)
The extension, revision, return and revocation of the extraction license shall
comply with regulations of this Decree.
Article
15. Implementation clauses
1.
This Decree comes into force from January 15, 2025.
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ON BEHALF OF THE GOVERNMENT|
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha