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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
60/2010/QH12
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Hanoi,
November 17, 2010
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MINERAL LAW
Pursuant to the 1992 Constitution
of the Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No. 51/2001/QH10;
The National Assembly promulgates the Mineral Law.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law
provides for geological baseline surveys of minerals; protection of unexploited
minerals; mineral exploration and mining; state management of minerals in the
mainland, islands, internal waters, territorial sea, contiguous zone, exclusive
economic zone and continental shelf of the Socialist Republic of Vietnam.
Oil and gas
and natural water other than mineral water and natural thermal water arc not
governed by this Law.
Article 2. Interpretation of terms
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1. Mineral
mean useful minerals and mineral substances which are naturally accumulated
in solid, liquid or gaseous form and exist underground or on the ground,
including minerals and mineral substances at tailing sites of mines.
2. Mineral
water means natural water underground or on the ground containing
ingredients, features and some biological active compounds in conformity with
Vietnamese standards or technical regulations or foreign standards which are
allowed to apply in Vietnam.
3. Natural
thermal water means natural water underground or on the ground which has a
source temperature in conformity with Vietnamese standards or technical
regulations or foreign standards which arc allowed to apply in Vietnam.
4. Geological
baseline survey of minerals means study and investigation of the physical
structure and components, the history of evolution and development of the
earth's crust and relevant biomineral conditions and laws to serve the general
evaluation of mineral potential as scientific grounds for guiding mineral exploration.
5. Mineral
activities include mineral exploration and mineral mining activities.
6. Mineral
exploration means activities to identify mineral deposits and quality and
obtaining other information for mineral mining.
7. Mineral
mining means activities to recover minerals, including mine infrastructure
construction, excavation, classification, enrichment and other related
activities.
Article 3. State policies on minerals
1. The State
adopts mineral strategies and master plans to assure socio-economic sustainable
development, national defense and security in each period.
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3. The State
invests in and conducts geological baseline surveys of minerals under mineral
strategies and master plans; carries out human resource training and
development, scientific research and technological application and development
in geological baseline surveys of minerals and mineral activities.
4. The State
encourages organizations and individuals to invest and cooperate with
state-owned geological organizations in conducting geological baseline surveys
of minerals.
5. The State
invests in the exploration and mining of some kinds of important minerals to serve
socio-economic development, national defense and security.
6. The State
promotes investment projects on mineral mining associated with the processing
and utilization of minerals to manufacture metal, alloy or other products of
high value and socio-economic effectiveness.
7. The State
adopts policies on the export of minerals in each period in accordance with
sustainable socio-economic development objectives and on the principle of
prioritizing raw materials for domestic production.
Article 4. Principles of mineral activities
1. Mineral
activities must comply with mineral strategies and master plans and connected
with the protection of environment, natural landscape, historical-cultural
relics, scenic places and other natural resources while assuring national
defense, security and social order and safety.
2. Mineral
activities may only be carried out only after obtaining permission from
competent state management agencies.
3. Mineral
exploration must fully evaluate the deposits and quality of all kinds of
minerals in an exploration area.
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Article 5. Benefits of localities and people in areas in which
minerals are exploited
1. The State
shall allocate part of revenues from mineral mining activities to support
socio-economic development in localities in which minerals are exploited under
(he state budget law.
2. Mining
organizations and individuals shall:
a/ Partially
cover investment costs for upgrading, maintaining and building technical
infrastructure facilities used in mining activities and building welfare works
under law for localities in which minerals are exploited;
b/ Combine
mining activities with the building of technical infrastructure and
environmental protection and restoration under investment projects on mineral
mining; and repair, maintain or build new facilities or pay compensations under
law depending on the degree of damage, if causing damage to technical infrastructure
facilities or other works and properties;
c/ Give
priority to employment of local labor in mining activities and related
services;
d/ Coordinate
with local administrations in assuring the change of jobs for local people
whose land is recovered for mining.
3.
Compensation, support and resettlement for land users whose land is recovered
for mineral mining projects comply with the land law and other relevant
regulations.
Article 6. Storage of mineral-related information
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2. Geological
and mineral specimens shall be preserved in the Geology Museum of Ministry of
Natural Resources and Environment according to law.
Article 7. Use of mineral-related information
1. When
requested, state management agencies in charge of minerals shall provide
mineral-related information to organizations and individuals according to law.
2.
Organizations and individuals that use mineral-related information shall pay a
charge therefore according to the law on charges and fees.
3.
Organizations and individuals that use mineral-related information for mineral
exploration shall reimburse costs for geological baseline surveys of minerals;
those that use mineral-related information for mineral mining shall reimburse
costs for geological baseline surveys of minerals and costs for mineral
exploration.
4. The
Government shall specify the reimbursement of costs for geological baseline
surveys of minerals and costs for mineral exploration.
Article 8. Prohibited acts
1. Taking
advantage of mineral activities to infringe upon the interests of the State or
the rights and legitimate interests of organizations and individuals.
2. Abusing
mineral exploration to exploit minerals.
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4. Illegally
obstructing geological baseline surveys of minerals or mineral activities.
5. Illegally
providing mineral-related information classified as state secrets.
6.
Intentionally destroying valuable or rare and precious geological and mineral
specimens.
7. Other acts
as prescribed by law.
Chapter II
MINERAL STRATEGIES AND
MASTER PLANS
Article 9. Mineral strategies
1. Mineral
strategies shall be elaborated on the following principles and bases:
a/ Conformity
with socio-economic development, national defense and security strategies and
plans and regional master plans;
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c/ Domestic
mineral demand and supply capacity and possibilities of international
cooperation in the mining sector for socio-economic development:
d/ Available
results of geological baseline surveys of minerals; and mineral-related
geological prerequisites and signs.
2. A mineral
strategy must contain the following principal contents:
a/ Guiding
viewpoints and objectives of geological baseline surveys of minerals,
protection of unexploited minerals, mineral exploration, mining, processing and
rational and economical utilization of minerals;
b/
Orientations for geological baseline surveys of minerals, protection of unexploited
minerals, exploration and mining of each group of minerals, and post-mining
processing and rational and economical utilization of minerals in the
strategy's period;
c/ Major
tasks and solutions in geological baseline surveys of minerals, protection of
unexploited minerals, exploration and mining of each group of minerals,
post-mining processing and rational and economical utilization of minerals; and
national mineral reserves.
3. Mineral
strategies shall be elaborated for 10-year periods, with a 20-year vision,
corresponding to the period of relevant socio-economic development strategies.
4. The
Ministry of Natural Resources and Environment shall assume the prime
responsibility for, and coordinate with the Ministry of Industry and Trade, the
Ministry of Construction, the Ministry of Planning and Investment, other
ministries and ministerial-level agencies and concerned localities in,
elaborating mineral strategies for submission to the Prime Minister for
approval.
Article 10. Mineral master plans
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a/ Master
plans on geological baseline surveys of minerals:
b/ National
master plans on mineral exploration and mining;
c/ National
master plans on the exploitation and utilization of each kind or group of
minerals for use as construction materials, and national master plans on
exploitation and utilization of each kind or group of other minerals;
d/ Provincial
master plans on mineral exploration, mining and utilization.
2. Periods of
mineral master plans are stipulated as follows:
a/ A master
plan on geological baseline surveys of minerals shall be made for a 10-year
period, with a 20-year vision;
b/ A master
plan specified at Points b, c and d, Clause I of this Article shall be made for
a 5-year period, with a 10-year vision.
3. The
Government shall assign ministries to elaborate and submit the master plans
specified in at Points a, b and c, Clause 1 of this Article to the Prime
Minister for approval; and provide for the elaboration of provincial master
plans on mineral exploration, mining and utilization.
Article 11. Master plans on geological baseline surveys of
minerals
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a/ Compliance
with socio-economic development, national defense and security strategies and
plans, regional master plans and mineral strategies;
b/
Orientation for the elaboration of national master plans on mineral exploration
and mining.
2. Bases for
elaboration of master plans on geological baseline surveys of minerals include:
a/
Socio-economic development, national defense and security strategies and plans,
regional master plans and mineral strategies;
b/
Implementation results of the preceding period's master plan on geological
baseline surveys of minerals; and newly discovered mineral-related geological
prerequisites and signs.
3. A master
plan on geological baseline surveys of minerals must have the following
principal contents:
a/ A geological
and mineral survey map based on a l:50,000-scale topographic map; development
of a system of geological and mineral databases;
b/ Assessment
of potentials of each kind and group of minerals; identification of areas with
mineral prospect;
c/ Evaluation
of the implementation of the preceding period's master plan on geological
baseline surveys of minerals;
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e/ Solutions
and schedule for the implementation of the master plan.
Article 12. National master plans on mineral exploration and
mining
1. National
master plans on mineral exploration and mining shall be elaborated on the
following principles:
a/ Compliance
with socio-economic development, national defense and security strategies and
plans, regional master plans and mineral strategies;
b/ Assurance
of rational, economical and effective exploitation and utilization of minerals
to meet present needs while taking into account scientific and technological
development and mineral demand in the future;
c/ Protection
of the environment, natural landscape, historical-cultural relics, scenic
places and other natural resources.
2. Bases for
the elaboration of national master plans on mineral exploration and mining
include:
a/
Socio-economic development, national defense and security strategies and plans,
regional master plans, mineral strategies and master plans on mineral-using
industries;
b/ Mineral
needs of various industries;
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d/ Scientific
and technological advances in mineral exploration and mining;
e/
Implementation results of the preceding period's master plan; and strategic
environmental assessment results according to the law on environmental
protection.
3. A national
master plan on mineral exploration and mining must have the following principal
contents:
a/ Survey,
study, summarization and assessment of national and socio-economic conditions
and the current state of mineral exploration, mining, processing and
utilization;
b/ Assessment
of mineral potential already surveyed and explored and mineral needs of various
industries;
c/ Evaluation
of the implementation of the preceding period's master plan;
d/
Identification of orientations and objectives for mineral exploration and
mining in the planning period;
e/
Identification of mineral activity areas, including also areas with small-scale
and scattered minerals. A mineral activity area will be delimited by lines
connecting comer points drawn on a topographic map using the national
coordinate system of an appropriate scale;
f/ Areas
banned from mineral activities, areas temporarily banned from mineral
activities and national mineral reserves areas;
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Article 13. National master plans on the exploitation and
utilization of each kind or group of minerals for use as construction materials
and national master plans on the exploitation and utilization of each kind or
group of other minerals
1. National
master plans on the exploitation and utilization of each kind or group of
minerals for use as construction materials and national master plans on the
exploitation and utilization of each kind or group of other minerals shall be
elaborated on the following principles:
a/ Compliance
with socio-economic development, national defense and security strategies and
plans, regional master plans, mineral strategies and national master plans on mineral
exploration and mining.
b/ Assurance
of rational, economical and efficient exploitation and utilization of minerals
to meet present needs while taking into account scientific and technological
development and mineral needs in the future;
c/ Protection
of the environment, natural landscape, historical-cultural relics, scenic
places and other natural resources;
d/ A mineral
which is used for different purposes shall be indicated in only one master
plan.
2. Bases for
elaboration of national master plans on the exploitation and utilization of
each kind or group of minerals for use as construction materials and national
master plans on exploitation and utilization of each kind or group of other
minerals include:
a/
Socio-economic development, national defense and security strategies and plans,
regional master plans, mineral strategies and national master plans on mineral
exploration and mining;
b/ Mineral
processing and utilization needs of various industries;
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d/
Implementation results of the preceding period's master plan; and strategic
environmental assessment results according to the law on environmental
protection.
3. A national
master plan on the exploitation and utilization of a kind or group of minerals
for use as construction materials or a national master plan on exploitation and
utilization of a kind or group of other minerals must have the following
principal contents:
a/ Survey,
study, summarization and assessment of the current state of exploration,
exploitation, processing and utilization of this kind or group of minerals in
mineral activity areas;
b/ Evaluation
of the implementation of the preceding period's master plan;
c/
Identification of mineral demand and supply in the planning period;
d/
Identification of mining areas and kinds of minerals in which mining investment
should be made and mining schedule. A mineral mining area shall be delimited
with lines connecting comer points drawn on a topographic map using the
national coordinate system of an appropriate scale;
e/
Identification of mining scale and capacity and requirements on mining
technologies;
f/ Solutions
and schedule for the implementation of the master plan.
Article 14. Adjustment of mineral master plans
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a/ Upon
adjustment of socio-economic development, national defense and security
strategies and plans, regional master plans, mineral strategies and plans which
directly affect the contents of the approved master plans or upon occurrence of
great changes in the mineral processing and utilization demands of various
industries;
b/ There are
new findings about minerals which affect the characteristics and contents of
the master plan;
c/ Upon
occurrence of a circumstance defined in Clause 4, Article 28 of this Law;
d/ For
national or public interests.
2. State
management agencies competent to approve mineral master plans shall decide to
adjust the approved master plans.
Article 15. Collection of opinions on. and publicization of,
mineral master plans
1. Opinions
on mineral master plans shall be collected as follows:
a/ Agencies
elaborating the master plans prescribed at Points a. b and c. Clause 1, Article
10 of this Law shall collect opinions on the master plans from concerned
ministries, ministerial-level agencies and provincial-level People's Committees
(below collectively referred to as provincial-level People's Committees) before
submitting them to the Prime Minister for approval;
b/ Agencies
elaborating the master plans defined at Point d, Clause 1, Article 10 of this
Law shall collect opinions on the master plans from the Ministry of Natural
Resources and Environment and concerned ministries and ministerial-level
agencies before submitting them to competent state agencies for decision.
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Chapter III
PROTECTION OF UNEXPLORED
MINERALS
Article 16. Common responsibility for protection of
unexploited minerals
1.
Unexploited minerals, including those at tailing sites of closed mines, shall
be protected under this Law.
2. Agencies,
organizations and individuals shall protect unexploited minerals and strictly
observe regulations on the protection of unexploited minerals.
3.
Provincial-level People's Committees of all levels shall, within the ambit of
their tasks and powers, protect unexploited minerals in their localities.
Article 17. Organizations' and individuals' responsibilities
for mineral protection
1.
Organizations and individuals engaged in mineral activities shall:
a/ Upon
conducting mineral exploration, evaluate and fully report minerals discovered
in exploration areas to competent licensing state management agencies;
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3. Land-using
organizations and individuals shall protect unexploited minerals within their
land areas; and may not conduct mineral mining without permission, except for
the cases specified at Point b, Clause 2, Article 64 of this Law.
3. When
submitting regional construction master plans, urban master plans and master
plans on construction of rural residential areas, elaborating agencies shall
enclose written opinions of competent licensing state management agencies
specified in Article 82 of this Law.
Article 18. Responsibilities of People's Committees of all
levels to protect unexploited minerals
1. Within the
ambit of their tasks and powers, provincial-level People's Committees shall:
a/ Promulgate
according to their competence or propose competent state management agencies to
promulgate documents on enforcement of the mineral law in their localities;
b/ Propagate,
disseminate and educate about the law on protection of unexploited minerals;
c/ Organize
the protection of unexploited minerals;
d/ Mobilize
and direct the coordination among local forces to stop or prevent illegal
mineral activities in their localities.
2. Within the
ambit of their tasks and power, People's Committees of districts, towns and
provincial cities (below collectively referred to as district-level People's
Committees) shall:
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b/ Direct
People's Committees of communes, wards and townships (below collectively
referred to as commune-level People's Committees) to apply measures to protect
unexploited minerals; mobilize and direct the coordination among local forces
to stop or prevent illegal mineral activities.
3. Within the
ambit of their tasks and powers, commune-level People's Committees shall detect
and prevent in time illegal mineral activities and coordinate with functional
agencies in protecting unexploited minerals in their localities.
Article 19. Responsibilities of ministries and
ministerial-level agencies to protect unexploited minerals
1. The
Ministry of Natural Resources and Environment shall assume the prime responsibility
for, and coordinate with ministries and ministerial-level agencies in,
directing the implementation of regulations on protection of unexploited
minerals according to this Law.
2. The
Ministry of Public Security and the Ministry of National Defense shall, within
the ambit of their tasks and powers, direct the fight against crimes in the
mining sector; protect unexploited minerals in border areas, islands or areas
in which mineral activities are banned for defense or security reasons.
3. Ministries
and ministerial-level agencies shall, within the ambit of their tasks and
powers, coordinate with the Ministry of Natural Resources and Environment, the
Ministry of Public Security and the Ministry of National Defense in, protecting
unexploited minerals.
Article 20. Funds for protection of unexploited minerals
The State
shall ensure funds for the protection of unexploited minerals. Funds for the
protection of unexploited minerals shall be included in annual state budget
estimates.
Chapter IV
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Article 21. The State's responsibilities for geological
baseline surveys of minerals
1. The State
shall conduct geological baseline surveys of minerals under the approved master
plan.
Funds for
geological baseline surveys of minerals shall be included in annual state
budget estimates.
2. The
Ministry of Natural Resources and Environment shall conduct geological baseline
surveys of minerals on the basis of the master plan on geological baseline
surveys of minerals approved by the Prime Minister and the allocated state
budget estimates.
Article 22. Contents of geological baseline surveys of
minerals
1. A
geological baseline survey of minerals has the following contents:
a/ Survey and
discovery of minerals simultaneously with drawing of maps for regional geology,
catastrophic geology, environmental geology, marine mineral geology and
specialized geological and mineral maps and researches;
b/ Assessment
of mineral potential by kind or group of minerals or geological structures of
prospect to discover new mineral areas.
2. The
Ministry of Natural Resources and Environment shall specify the contents of
geological baseline surveys of minerals; procedures for appraising and
approving projects on geological baseline surveys of minerals and reporting on
the outcomes of geological baseline surveys of minerals.
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1.
Organizations conducting geological baseline surveys have the following rights:
a/ To conduct
geological baseline surveys of minerals under projects approved by competent
state management agencies;
b/ To send
out of areas in which geological baseline surveys of mineral are conducted,
even out of the country, mineral specimens of appropriate weights and types for
analysis and testing purposes under the approved projects.
2.
Organizations conducting geological baseline surveys of minerals have the
following obligations:
a/ To
register geological baseline surveys of minerals with competent state
management agencies before conducting these surveys;
b/ To
properly implement approved projects and comply with standards, technical
regulations, norms and unit prices in the process of conducting geological
baseline surveys of minerals;
c/ To ensure
the truthfulness and completeness in the collection and summarization of
geological and mineral-related documents and information; to refrain from
disclosing geological and mineral-related information during the process of
conducting geological baseline surveys of minerals;
d/ To protect
the environment, minerals and other natural resources during survey periods;
e/ To propose
competent state management agencies to approve reports on the results of
geological baseline surveys of minerals;
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Article 24. Organizations and individuals investing in
geological baseline surveys of minerals
1. Investment
in geological baseline surveys of minerals must ensure the following
principles:
a/ Projects
on geological baseline surveys of minerals must be included in the Prime
Minister-issued list of projects in which investment is promoted;
b/ Projects
on geological baseline surveys of minerals must be appraised by the Ministry of
Natural Resources and Environment;
c/ Projects
on geological baseline surveys of minerals must be implemented under the
supervision of competent state management agencies.
2. When
conducting mineral activities, organizations and individuals having invested in
geological baseline surveys of minerals will be given priority in using
information on minerals in surveyed areas.
Chapter V
MINERAL AREAS
Article 25. Classification of mineral areas
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2. Areas
banned from mineral activities.
3. Areas
temporarily banned from mineral activities.
4. National
mineral reserves areas.
Article 26. Mineral activity areas
1. Mineral
activity areas are areas in which geological baseline surveys of minerals have
been conducted and which have been delimited by competent state agencies in the
master plan mentioned at Point b, c or d, Clause 1, Article 10 of this Law.
2. Based on
requirements for national defense and security assurance; prevention and
mitigation of impacts on the environment, natural landscape and
historical-cultural relics; protection of special-use forests or infrastructure
facilities, mineral exploration and mining may be restricted in terms of:
a/
Organizations and individuals allowed to conduct exploration and mining;
b/ Mining
output;
c/ Mining
duration;
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Competent
licensing state management agencies specified in Article 82 of this Law shall
decide on forms of restriction of mineral activities at the request of
ministries and ministerial-level agencies.
Article 27. Areas with small-scale and scattered minerals
1. Areas with
small-scale and scattered minerals are areas suitable for only small-scale
mining which are identified on the basis of mineral prospection results during
the period of conducting geological baseline surveys of minerals or mineral
exploration results approved by competent state agencies.
An area with
small-scale and scattered minerals shall be delimited by lines connecting comer
points drawn on a topographic map using the national coordinate system of an
appropriate scale.
2. The
Government shall specify the delimitation of areas with small-scale and
scattered minerals.
Article 28. Areas banned from mineral activities, areas
temporarily banned from mineral activities
1. Areas
banned from mineral activities include:
a/ Land areas
with historical-cultural relics or scenic places already ranked or delimited
for protection under the Law on Cultural Heritages;
b/ Land areas
under special-use forests, protection forests or land areas planned for
protection forests and geological conservation zones;
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d/ Land areas
used by religious institutions;
e/ Land areas
within the protection corridors or zones of transport, irrigation or dike
works; water supply and drainage and waste treatment systems, electricity
transmission lines, petrol, oil or gas pipelines or communications systems.
2. Areas
temporarily banned from mineral activities shall be delimited for any of the
following reasons:
a/ Satisfying
defense or security requirements;
b/ Conserving
the nature, historical-cultural relics or scenic places which are considered by
the State for recognition or discovered in the process of mineral exploration
or mining;
c/ To prevent
or remedy consequences of natural disasters.
3. In case an
area in which mineral activities are taking place is declared to be banned or temporarily
banned from mineral activities, organizations and individuals conducting
mineral activities in this area will be compensated according to law.
4. When it is
necessary to explore or exploit minerals in areas banned from mineral
activities or temporarily banned from mineral activities, competent licensing
state management agencies defined in Article 82 of this Law shall report the
adjustment of relevant mineral master plans to the Prime Minister for
consideration and decision.
5.
Provincial-level People's Committees shall delimit and propose the Prime
Minister to approve areas banned from mineral activities and areas temporarily
banned from mineral activities after consulting the Ministry of Natural
Resources and Environment and concerned ministries and ministerial-level
agencies.
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1. National
mineral reserves areas arc areas with unexploited minerals which are identified
based on the results of geological baseline surveys of minerals and mineral
exploration, including:
a/ Areas with
minerals which should be reserved for sustainable socio-economic development;
b/ Areas with
minerals which cannot be effectively exploited yet for lack of conditions or
which can be exploited but remedies for adverse environmental impacts are
unavailable.
2. The
Ministry of Natural Resources and Environment shall assume the prime
responsibility for, and coordinate with concerned ministries and
ministerial-level agencies in, delimiting and proposing the Prime Minister to
decide on national mineral reserves areas.
Chapter VI
ENVIRONMENTAL
PROTECTION. USE OF LAND, WATER AND TECHNICAL INFRASTRUCTURE IN MINERAL
ACTIVITIES
Article 30. Environmental protection in mineral activities
1.
Organizations and individuals engaged in mineral activities shall use
environmentally friendly technologies, equipment and materials; apply solutions
to prevent and mitigate adverse impacts on, and upgrade and restore the
environment according to law.
2.
Organizations and individuals engaged in mineral activities shall apply
solutions and bear all costs for environmental protection, rehabilitation and
restoration. Solutions and costs for environmental protection, rehabilitation
and restoration must be identified in investment projects, environmental impact
assessment reports and environmental protection commit-ments approved by
competent state agencies.
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Article 31. Use of land and technical infrastructure
facilities in mineral activities
1.
Organizations and individuals engaged in mineral activities shall rent land
according to the land law, unless they do not use the land surface layer or
their mineral activities do not affect the use of land surface of organizations
and individuals that are lawfully using such land. A land lease contract shall
terminate upon the expiration of the relevant mineral exploration license or
mineral mining licenses and shall be correspondingly adjusted upon the return
of part of the mineral exploration or mining area. Anew land lease contract
shall be signed if there is any change of the organization or individual
licensed for mineral exploration or mining.
2.
Organizations and individuals engaged in mineral activities may use transport,
communications and electricity systems and other infrastructure works to serve
their mineral activities according to law.
Article 32. Use of water in mineral activities
1.
Organizations and individuals engaged in mineral activities may use water
according to the law on water resources.
2. Water
sources and volume and using methods and wastewater discharge in mineral
activities must be specified in exploration projects, mining investment
projects and mine designs.
Article 33. Insurance for mineral activities
Organizations
or individuals engaged in mineral activities shall buy insurance for vehicles
and works used for mineral activities and other kinds of insurance according to
law.
Chapter VII
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Article 34. Organizations and individuals eligible for
conducting mineral exploration
1.
Organizations and individuals having registered mineral exploration as their
business line may be licensed to conduct mineral exploration. They include:
a/
Enterprises established under the Enterprise Law;
h/
Cooperatives and unions of cooperatives established under the Law on
Cooperatives;
c/ Foreign enterprises
with Vietnam-based representative offices or branches.
2. Business
households having registered mineral exploration as their business line may be
licensed to explore minerals for use as common construction materials.
Article 35. Conditions on mineral exploration practice
organizations
1. A mineral
exploration practice organization must satisfy the following conditions:
a/ Being
lawfully established;
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c/ Having a
staff of technical workers specialized in geological exploration, hydrogeology,
engineering geology, geophysics, drilling, excavation and other relevant
disciplines;
d/ Having
necessary special-use equipment and instruments for the construction of mineral
exploration works.
2. The
Ministry of Natural Resources and Environment shall specify conditions for
mineral exploration practice.
Article 36. Selection of organizations and individuals to
conduct mineral exploration
1. Competent
state management agencies shall select organizations and individuals to be
licensed for exploration of minerals in areas in which the mining right is not
subject to auction.
2. The
Government shall specify the selection of organizations and individuals to
conduct mineral exploration.
Article 37. Selection of areas for elaboration of mineral
exploration schemes
Organizations
and individuals specified in Article 34 of this Law that wish to explore
minerals may conduct field surveys and take surface specimens to serve the
selection of areas for elaboration of mineral exploration projects after
obtaining written approval of the provincial-level People's Committees of
localities in which the to-be-explored areas are located.
Article 38. Mineral exploration areas
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2. The size
of an exploration area under a specific exploration license for a kind or group
of minerals is stipulated as follows:
a/ Not
exceeding 50 square kilometers (km2), for gemstone, semi-gemstone and metallic
minerals, except bauxite;
b/ Not
exceeding 100 square kilometers (km2), for coal, bauxite and non-metallic
minerals on land, with or without water surface, except minerals to be used as
common construction materials;
c/ Not exceeding
200 square kilometers (km2), for minerals of all kinds in the continental
shelf, except minerals to be used as common construction materials;
d/ Not
exceeding 2 square kilometers (km2) on land or 1 square kilometer (km2) in
water surface areas, for minerals to be used as common construction materials;
e/ Not
exceeding 2 square kilometers (km2), for mineral water and natural thermal
water.
3. An
exploration area must completely cover the mineral body and geological
structures of prospect for the minerals to be explored.
Article 39. Mineral exploration projects
1. A mineral
exploration project must have the following principal contents:
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b/ The volume
of exploration work, the quantity and kinds of specimens to be taken for
analysis to ensure complete evaluation of natural resources as well as mineral
deposit and quality according to the exploration objectives;
c/ Solutions
for environmental protection and labor safety and sanitation during
exploration.
d/ Deposit
calculation methods;
e/ Solutions
and schedule for the project implementation.
f/
Exploration cost estimate based on unit prices set by competent state
management agencies.
2. Mineral
exploration projects must be appraised before licensing under the Ministry of
Natural Resources and Environment's regulations.
Article 40. Principles and conditions for granting mineral
exploration licenses
1. Mineral
exploration licenses are granted on the following principles:
a/ Mineral
exploration licenses shall be granted only for areas in which no organization
or individual is lawfully conducting mineral exploration or mining and which
are not banned or temporarily banned from mineral activities, national mineral
reserves areas or areas in which geological baseline surveys are being
conducted for minerals of the same kind of minerals being applied for;
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2. To be
granted mineral exploration licenses, organizations and individuals must meet
the following conditions:
a/ Being
selected by competent state management agencies under Article 36 of this Law or
having won auctions for mineral mining rights in unexplored areas under this
Law; organizations and individuals that are ineligible for mineral exploration
practice under in Clause 1, Article 35 of this Law must sign contracts with
eligible organizations defined in Clause 1, Article 35 of this Law;
b/ Having an
exploration project conformable with the mineral master plans; having obtained
the Prime Minister's written permission, for toxic minerals;
c/ Having an
equity capital at least equal to 50% of the total investment capital for the
implementation of the mineral exploration project.
3. Business
households defined in Clause 2. Article 34 of this Law may explore minerals for
use as common construction materials if they fully meet the conditions set by
the Government
Article 41. Mineral exploration licenses
1/ A mineral
exploration license must contain the following principal details:
a/ Name of
the exploring organization or individual;
b/ Kind of
mineral, location and size of the exploration area;
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d/
Exploration duration;
e/ Financial
and other relevant obligations.
2. A mineral
exploration license is valid for 48 months at most and may be extended multiple
times for a total maximum duration of 48 months. Upon each extension, the
licensed organization or individual shall return at least 30% of exploration
area stated in the granted license.
The
exploration duration includes the time for implementing a mineral exploration
project, time for submitting mineral deposit for approval and time for
formulating a mining investment project. In case an organization or individual
licensed lor exploring minerals transfers the mineral exploration right to
another, the exploration duration is the remaining period of the previously
granted mineral exploration license.
Article 42. Rights and obligations of organizations and
individuals licensed for exploring minerals
1.
Organizations and individuals licensed for exploring minerals have the
following rights:
a/ To use
mineral-related information pertaining to the exploration purpose and area;
b/ To conduct
exploration according to the mineral exploration license;
c/ To take
away from the exploration area, even abroad, specimens with volume and types
suitable to the characteristics and requirements of analyses and experiments
under the approved exploration project;
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e/ To request
extension of the mineral exploration license, to return it or return part of
the exploration area;
f/ To
transfer the mineral exploration right;
g/ To lodge
complaints or lawsuits against decisions revoking the mineral exploration
license or other decisions of competent state agencies;
h/ Other
rights provided by law.
2.
Organizations and individuals licensed for exploring minerals have the
following obligations:
a/ To pay a
licensing fee and fulfill other financial obligations provided by law;
b/ To strictly
comply with the mineral exploration license and implement the approved
exploration project;
c/ To report
to the licensing agency for consideration and approval changes in exploration
methods or volumes which result in an increase of over 10% in estimated
expenses;
d/ To
compensate for damage caused by exploration activities;
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f/ To collect
and store mineral-related information and report exploration results to state
management agencies in charge of minerals; and report other activities to
competent state agencies under law;
g/ To perform
all the jobs specified in Clause 3, Article 46 of this Law when the mineral
exploration license expires;
h/ Other
obligations provided by law.
Article 43. Transfer of the mineral exploration right
1.
Transferees of the mineral exploration right must satisfy all the conditions
for the grant of mineral exploration licenses under this Law.
2. Transfer
of the mineral exploration right must be approved by a state management agency
competent to grant mineral exploration licenses. After obtaining such approval,
transferees of the mineral exploration right may be granted new mineral
exploration licenses.
3. To
transfer the mineral exploration right, an organization or individual must have
performed at least 50% of the cost estimate of the mineral exploration project.
4. The
Government shall detail the transfer of the mineral exploration right.
Article 44. Exploration of toxic minerals
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Article 45. Priority right of organizations and individuals
licensed for exploring minerals
1.
Organizations and individuals licensed for exploring minerals in areas not
subject to auction of the mining right are prioritized to obtain mining
licenses for approved mineral deposits within 6 months after the expiration of
their mineral exploration licenses.
Past the
priority period specified in this Clause, if not applying for a mining license
for the exploration area, the organizations and individuals licensed for
exploring minerals will lose the priority right.
2. In case
competent state management agencies grant mining licenses to other
organizations or individuals, before obtaining mining licenses, these
organizations and individuals shall reimburse exploration expenses
corresponding to the licensed deposits to the organizations and individuals
that have conducted the exploration.
Article 46. Revocation and invalidation of mineral
exploration licenses
1. A mineral
exploration license will be revoked in the following cases:
a/ The
organization or individual licensed for exploring minerals fails to conduct
exploration within 6 months since the effective date of the license, unless it
is due to force majeure circumstances;
b/ The
organization or individual licensed for exploring minerals fails to fulfill any
of the obligations specified at Points a, b, c, d, e and f, Clause 2, Article 42
of this Law without taking remedies within 90 days after the date of written
notice by a competent state management agency in charge of minerals;
c/ The area
permitted for exploration is declared to be banned or temporarily banned from
mineral activities.
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a/ It is
revoked; b/ It expires; c/ It is returned;
d/ The
licensed organization or individual dissolves or goes bankrupt.
3. Within 6
months after the mineral exploration license is invalidated under Point a, b or
c, Clause 2 of this Article, the organization or individual licensed for
exploring minerals shall remove all assets of its/his/her own and related
parties from the exploration area; level exploration works, protect mineral
resources, restore the environment and rehabilitate the soil', and hand over
all collected mineral specimens and information to a competent state management
agency in charge of minerals. This provision is not applicable to those
applying for mineral exploration license extension or mining licenses.
Article 47. Dossiers of application for, extension or return
of mineral exploration licenses, return of part of the exploration area, or
transfer of the mineral exploration right
1. A dossier
of application for a mineral exploration license comprises:
a/ An
application for a mineral exploration license;
b/ An
exploration project in conformity with the master plans specified at Points b,
c and d, Clause 1, Article 10 of this Law;
c/ A map of
the exploration area;
d/ Art
environmental protection commitment, in case of exploration of toxic minerals;
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f/ A document
certifying the applicant's equity Capital under Point c, Clause 2, Article 40
of this Law;
g/ A document
certifying the winning of the mineral exploration right for unexplored areas,
in case of winning the mining right through auction.
2. A dossier
for extension of a mineral exploration license comprises:
a/ An
application for extension of a mineral exploration license;
b/ A report
on exploration results; and a plan for further exploration;
c/ A map of
the exploration area, excluding at least 30% of the area explored under the
granted license.
3. A dossier
for return of a mineral exploration license or return of part of the
exploration area comprises:
a/ An
application for return of a mineral exploration license or return of part of
the exploration area;
b/ A report
on exploration results;
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4. A dossier
for transfer of the mineral exploration right comprises:
a/An
application for transfer of the mineral exploration right;
b/ A contract
on transfer of the mineral exploration right;
c/ A report
on exploration results and fulfilled obligations by the time of application;
d/ A copy of
the transferee's business registration certificate; for a foreign enterprise, a
copy of the decision establishing its Vietnam-based representative office or
branch is also required.
Article 48. Procedures for grant, extension or return of
mineral exploration licenses, or return of part of the exploration area
1. Applicants
for grant, extension or return of mineral exploration licenses or return of
part of the exploration area shall submit dossiers at competent licensing state
management agencies defined in Article 82 of this Law.
2. The time
limit for processing dossiers for grant, extension or return of mineral
exploration licenses or return of part of the exploration area is specified as
follows:
a/ Ninety
days after receiving complete and valid dossiers, for dossiers of application
for mineral exploration licenses;
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3. When
necessary to consult concerned agencies and organizations on matters related to
the grant, extension or return of mineral exploration licenses or return of
part of the exploration area, the time for seeking consultations is not
included in the time limit specified at Point a or b, Clause 2 of this Article.
4. The
Government shall detail procedures for the grant, extension or return of
mineral exploration licenses or return of part of the exploration area.
Article 49. Approval of mineral deposits
1. Competence
to approve mineral deposits is provided as follows:
a/ The
National Council for Assessment of Mineral Deposits may approve mineral
deposits falling within the licensing competence of the Ministry of Natural
Resources and Environment.
The
Government shall stipulate the organization and operation of the National
Council for Assessment of Mineral Deposits;
b/
Provincial-level People's Committees may approve mineral deposits falling
within their licensing competence.
2.
Organizations and individuals that explore minerals falling within the
licensing competence of the Ministry of Natural Resources and Environment shall
submit reports on exploration results enclosed with mineral deposit-approving
decisions to the Ministry of Natural Resources and Environment.
Organizations
and individuals that explore minerals falling within the licensing competence
of provincial-level People's Committees shall submit reports on exploration
results enclosed with mineral deposit-approving decisions to provincial-level
People's Committees and the Ministry of Natural Resources and Environment.
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Article 50. Procedures for appraisal and approval of mineral
deposits
1. A dossier
for approval of mineral deposits comprises:
a/ An
application for approval of mineral deposits;
b/ Copies of
the exploration plan and mineral exploration license;
c/ A takeover
test record of the volume and quality of exploration works already built;
d/ A report
on exploration results, enclosed with annexes, drawings and relevant original
documents and their digitized files,
2. The time
limit for appraising and approving mineral deposits is 6 months after receiving
complete and valid dossiers.
3. The
Government shall stipulate procedures for appraisal and approval of mineral
deposits.
Chapter VIII
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Section 1 MINING
Article 51. Mining organizations and individuals
1.
Organizations and individuals having registered mining as their business line
may be licensed for mining. They include:
a/
Enterprises established under the Law on Enterprises;
b/
Cooperatives and unions of cooperatives established under the Law on
Cooperatives.
2. Business
households having registered mining as their business line may be licensed for mining
minerals for use as common construction materials and conducting salvage
mining.
Article 52. Mining areas
1. A mining
area shall be delimited by lines connecting corner points drawn on a
topographic map using the national coordinate system of an appropriate scale.
2. The area
and depth-based boundary of a mining area shall be considered on the basis of
the mining investment project suitable to mineral deposits permitted for mining
design.
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1. Grant of a
mining license must adhere to the following principles:
a/ A mining
license is granted only for areas in which no organization or individual is
lawfully exploring or mining minerals, but not for areas banned or temporarily
banned from mineral activities or areas of national mineral deposits;
b/ A mineral
area in which large-scale mining can be effective may not be divided for the
grant of mining licenses to many organizations or individuals for small-scale
mining.
2. To obtain
a mining license, an organization or individual must satisfy all the following
conditions:
a/ Having an
investment project to mine minerals in the explored area with approved mineral
deposits in conformity with the master plans specified at Points b, c and d,
Clause 1, Article 10 of this Law. Such a project must contain a plan on
employment of professional human resources, and advanced and appropriate
equipment, technologies and mining methods; for toxic minerals, the Prime
Minister's written permission is also required;
b/ Having an
environmental impact assessment report or an environmental protection
commitment made under the environmental protection law;
c/ Having an
equity capital at least equal to 30% of the total investment capital of the
mining investment project.
3. Business
households defined in Clause 2, Article 51 of this Law may mine minerals for
use as common construction materials or conduct salvage mining if they satisfy
all the conditions set by the Government.
Article 54. Mining licenses
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a/ Name of
the licensed organization or individual;
b/ Kind of
mineral, location and size of the mining area;
c/ Mineral
deposits, capacity and method of mining;
d/ Mining
duration;
e/ Financial
and other relevant obligations.
2. A mining
license is valid for 30 years at most and may be extended multiple times with
the total extension period not exceeding 20 years.
In case an
organization or individual licensed for mining transfers the mining right to
another, the mining duration is the remaining period of the mining license
previously granted.
Article 55. Rights and obligations of organizations and
individuals licensed for mining
1.
Organizations and individuals licensed for mining have the following rights:
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b/ To mine
minerals under the mining license;
c/ To further
explore mineral deposits within the permitted area and depth and, before exploration,
notify the volume and duration of such exploration to competent licensing state
management agencies;
d/ To store,
transport, sell and export the exploited minerals under law;
e/ To apply
for extension or return of the mining license or return of part of the mining
area;
f/ To
transfer the mining right;
g/ To lodge
complaints or lawsuits against decisions revoking the mining license or other
decisions of competent stale agencies;
h/ To rent
land under the land law according to the approved mining investment project or
mine design;
i/ Other
rights provided by law.
2.
Organizations and individuals licensed for mining have the following
obligations:
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b/ To ensure
the schedule of mine infrastructure construction and mining activities stated
in the mining investment project and mine design;
c/ To
register the date of commencement of mine infrastructure construction and date
of commencement of mining with competent licensing state management agencies
and notify them to People's Committees at all levels in the locality in which
the mines are located before construction or mining;
d/ To exploit
to the maximum main and accompanied minerals; to protect mineral resources; to
ensure labor safety and sanitation and take measures to protect the
environment;
e/To collect
and store information on results of further exploration for mineral deposits
and on mining results;
f/ To report
mining results to competent state management agencies under regulations of the
Ministry of Natural Resources and Environment;
g/ To
compensate for damage caused by mining activities;
h/ To create
favorable conditions for other organizations and individuals to conduct
scientific researches permitted by the State in the mining area;
i/ To close
mines, restore the environment and rehabilitate the soil when the mining
license expires;
j/ Other
obligations provided by law.
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In addition
to the obligations specified in Clause 2, Article 55 of this Law, organizations
and individuals licensed for mining toxic minerals containing radioactive
substances shall also comply with the Law on Atomic Energy and other relevant
laws.
Article 57. Labor safety and sanitation in mining activities
1.
Organizations and individuals licensed for mining and mine workers shall fully
abide by labor safety and sanitation rules.
2.
Organizations and individuals licensed for mining shall issue labor rules of
the mines which comply with technical regulations on labor safety and
sanitation.
3. When labor
safety is at risk, mine managers shall immediately take necessary measures to
eliminate the causes of the possible incident.
4. When a
labor accident occurs, mine managers shall take urgent measures to remedy the
incident; render first aid for and evacuate people from dangerous areas;
promptly report such to competent state agencies; and protect assets and the scene
of the incident.
5. Agencies,
organizations and individuals are responsible for supporting first aid and
remedy of consequences of labor incidents.
6.
Organizations and individuals licensed for mining shall report on labor safety
and sanitation in mining activities under law.
Article 58. Revocation or invalidation of mining licenses
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a/ The
licensed organization or individual fails to build mine infrastructure within 12
months since the effective date of the license, except force majeure events;
b/ The
licensed organization or individual fails to conduct mining within 12 months
since the proposed date of commencement of mining, except force majeure events;
c/ The licensed
organization or individual breaches any of the obligations specified at Points
a, b, c, d, e, f and g, Clause 2, Article 55 of this Law without taking
remedies within 90 days after the date of written notice by a competent state
management agency in charge of minerals;
d/ The area
permitted for mining is declared to be banned or temporarily banned from
mineral activities.
2. A mining
license will be invalidated in the following cases:
a/ It is
revoked;
b/ It
expires;
c/ It is
returned;
d/ The
licensed organization or individual dissolves or goes bankrupt.
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4. Within the
time limit specified in Article 3 of this Article, organizations or individuals
licensed for mining shall fulfill the obligations related to the mine closure,
environmental rehabilitation and restoration and soil rehabilitation under this
Law and other relevant laws.
Article 59. Dossiers of application for, extension or return
of mining licenses, return of part of the mining area, or transfer of the
mining right
1. A dossier
of application for a mining license comprises:
a/ An
application for a mining license;
b/ A map of
the mining area;
c/ A
competent state agency's decision approving mineral deposits;
d/ A mining
investment project, enclosed with the project-approving decision and a cony of
the investment certificate;
e/ An
environmental impact assessment report or an environmental protection
commitment;
f/ A copy of
the business registration certificate;
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h/ A document
certifying the applicant's equity capital under Point c, Clause 2, Article 53
of this Law.
2. A dossier
for extension of a mining license comprises:
a/ An
application for extension of a mining license;
b/ A map of
the mining status at the time of application;
c/ A report
on mining results by the time of application; remaining mineral deposits; and
area requested for further mining.
3. A dossier
for return of a mining license or return of part of the mining area comprises:
a/ An
application for return of a mining license or return of part of the mining
area;
b/ A map of
the mining status at the time of application;
c/ A report
on mining results by the time of return;
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4. A dossier for
transfer of the mining right comprises:
a/ An
application for transfer of the mining right;
b/ A contract
on transfer of the mining right, enclosed with the statement of the value of
to-be-transferred assets;
c/ A map of
the mining status at the time of application;
d/ A report
on mining results and fulfillment of obligations by the time of application;
e/ Copies of
the transferee's business registration certificate and investment certificate.
Article 60. Procedures for grant, extension or return of mining
licenses or return of part of the mining area
1. Applicants
for grant, extension or return of mining licenses or return of part of the
mining area shall submit dossiers at competent licensing stale management
agencies defined in Article 82 of this Law.
2. The time
limit for processing dossiers of application for, extension or return of mining
licenses or return of part of the mining area is specified as follows:
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b/ Forty-five
days after receiving complete and valid dossiers, for dossiers for extension or
return of mining licenses or return of part of the mining area;
c/ When it is
necessary to consult concerned agencies and organizations on matters related to
the grant, extension or return of mining licenses or return of part of the
mining area, the period for seeking consultations will not be included in the
time limit specified at Point a or b, Clause 2 of this Law.
3. The
Government shall detail procedures for the grant, extension or return of mining
licenses or return of part of the mining area.
Article 61. Mine designs
1. Mine
designs include technical design and working drawing design.
2.
Organizations and individuals licensed for mining may build mine infrastructure
and mine minerals only when mine designs have been made and approved under law
and submitted to state management agencies in charge of minerals.
3. The
Ministry of Industry and Trade shall provide details of a mine design.
Article 62. Mine managers
1. Mine
managers are required for mining activities, except extraction of mineral water
and natural thermal water and salvage mining. A mine manager may only manage
mining activities under a single mining license.
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a/ Being
knowledgeable about the mineral law and other relevant regulations;
b/ Being
knowledgeable about specialized technical regulations, labor safety and
sanitation rules and environmental protection regulations in mining activities;
c/ Having
organizational and managerial qualifications, practical experience, and mining,
labor safety and environmental protection techniques;
d/ A manager
of a pit mine must be a mining engineer or mine building engineer who has
personally worked in pit mines for at least 5 years;
e/ A manager
of an open-cast mine must be a mining engineer who has personally worked in
open-cast mines for at least 3 years; or a geological exploration engineer who
has been trained in mining techniques and have personally worked for at least 5
years in open-cast mines.
A manager of
a non-metallic open-cast mine in which industrial explosives are not used and
minerals are manually exploited for use as common construction materials must possess
a secondary degree in mining and have personally worked in open-cast mines for
at least 2 years; those who have a secondary degree in geological exploration
must have been trained in mining techniques and have personally worked in
open-cast mines for at least 3 years.
3. Licensed
mining organizations shall notify in writing professional qualifications and
managerial capacity of mine managers to state management agencies competent to
grant mining licenses.
Article 63. Status maps, status drawings of cross-sections of
areas permitted for mining, statistics and inventory of mineral deposits and
exploited mineral volumes
1.
Organizations and individuals licensed for mining shall make, manage and keep
status maps, status drawings of cross-sections of areas permitted for mining
from commencement of mine infrastructure construction to termination of mining
activities.
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3. The
Ministry of Natural Resources and Environment shall stipulate the making of
status maps, status drawings of cross-sections of areas permitted for mining,
statistics, inventory and reporting in mining activities.
Article 64. Mining of minerals for use as common construction
materials
1. Minerals
used as common construction materials include:
a/ Sand of
all kinds (except siliceous white sand) with SiO, content of less than 85%, not
containing or containing calciterit, wolframit, monazite, zircon, ilmenite
minerals, and accompanied gold which fails to satisfy deposit calculation
criteria specified by the Ministry of Natural Resources and Environment;
b/ Clay used
for the production of bricks and tiles according to Vietnamese standards and
technical regulations, clays (except bentonite and kaolin clays) not qualified
for production of construction ceramics, fireclay materials and cement
according to Vietnamese standards and technical regulations;
c/ Sandstone
and quartzite stone with SiO2 content of less than 85%, not containing or
containing metallic minerals, native metals, radioactive and rare elements
which fail to satisfy deposit calculation criteria specified by the Ministry of
Natural Resources and Environment or are not qualified for use as facing stones
or fine-art stones according to Vietnamese standards and technical regulations;
d/
Sedimentary rocks of different kinds (except diatomite. bentonite and rock
containing keramzit), magma rocks (except nephelin syenit rock, column or foam
basalt), metamorphic rocks (except mica schist rich in vermiculite) not
containing or containing metallic minerals, native metals, gemstones.
semi-gemstones and radioactive and rare elements which fail to satisfy deposit
calculation criteria specified by the Ministry of Natural Resources and Environment
or are not qualified for use as facing stones, fine-art stones or feldspar
technical materials used for construction ceramic production according to
Vietnamese standards and technical regulations;
e/ Schist of
different kinds, except roofing schist, combustible schist and schist
containing sericit, disten or sillimanit minerals exceeding 30% in content;
f/ Pebbles,
gravel and dust not containing gold, platinum, gemstones and semi-gemstones;
laterite not containing native metals or metallic minerals;
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h/ Dolomite
stone with MgO content of less than 15%, dolomite stone not qualified for the
production of construction glass or for use as materials for the production of
facing stones or fine-art stones according to Vietnamese standards and
technical regulations.
2.
Organizations and individuals that mine minerals for use as common construction
materials are not required to apply for mining licenses when:
a/ Mining
minerals in the land area of an approved or licensed investment project to
build a work and using mined products only for building such work.
Before
mining, they shall register the mining area, capacity, volume, method, equipment
and plan with the provincial-level People's Committee;
b/ Mining
minerals in the residential land area under the use rights of a household or an
individual for building works for such household or individual within this
area.
3.
Organizations and individuals that mine minerals for use as common construction
materials defined at Point a. Clause 2 of this Article shall pay a fee for the
grant of the mining right.
Article 65. Mining in areas with work construction investment
projects
1. Mining in
areas with investment projects on construction of works, except works specified
in Clause 2 of this Article, complies with the following regulations:
a/ For areas
with work construction investment projects in which minerals are discovered,
competent licensing state management agencies defined in Article 82 of this Law
shall decide on the exploration or mining before the projects are approved or
licensed;
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2. If
minerals are discovered in areas with important national projects or works
falling within the National Assembly's deciding competence, or important
projects or works falling within the Government's or the Prime Minister's
deciding competence, the Ministry of Natural Resources and Environment shall
assume the prime responsibility for, and coordinate with concerned ministries
and sectors and provincial-level People's Committees of localities in which the
works are implemented in, deciding on the exploration or mining of minerals in
these areas.
3. If
competent licensing state management agencies decide on non-mining, they shall
issue a written reply to investment deciders, licensing agencies or investors.
Article 66. Transfer of the mining right
1.
Organizations and individuals licensed for mining that have completed capital
construction work and put mines into operation may transfer the mining right.
2.
Transferees of the mining right must satisfy all conditions for the grant of
mining licenses.
3. Transfer
of the mining right must be approved by a state management agency competent to
grant mining licenses. If obtaining such approval, transferees of the mining
right will be granted new mining licenses.
4. The
Government shall detail the transfer of the mining right.
Section 2 SALVAGE MINING
Article 67. Salvage mining
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Article 68. Validity term of a license for salvage mining
A license for
salvage mining is valid for 5 years at most, including the extended period.
Article 69. Rights and obligations organizations and
individuals licensed for salvage mining
1.
Organizations and individuals licensed for salvage mining have the rights
provided at Points b, d, e, g, h and i, Clause 1, Article 55 of this Law and
are not required to pay a fee for the grant of the mining right.
2.
Organizations and individuals licensed for salvage mining have the following
obligations:
a/ To pay a
licensing fee, royalties, taxes and charges and fulfill other financial
obligations provided by law;
b/ To fulfill
the obligations specified at Points b, d, e, f ,g ,h, i and j, Clause 2,
Article 55 of this Law.
Article 70. Dossiers of application for. extension or return of
licenses for salvage mining
1. A dossier
of application for a license for salvage mining comprises:
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b/ A map of
the salvage mining area;
c/ An
investment project on salvage mining enclosed with the project-approving
decision; a copy of the investment certificate;
d/ An
environmental impact assessment report or an environmental protection
commitment;
e/ A copy of
the business registration certificate.
2. A dossier
for extension of a license for salvage mining comprises:
a/ An
application for extension of a license for salvage mining;
b/ A report
on mining results by the time of application.
3. A dossier
for return of a license for salvage mining comprises:
a/ An
application for return of a license for salvage mining;
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c/ A mine
closure plan.
Article 71. Procedures for grant, extension or return of
licenses for salvage mining
1. Applicants
for grant, extension or return of licenses for salvage mining shall submit
dossiers at competent licensing state management agencies defined in Article 82
of this Law.
2. The time
limit for processing dossiers of application for, extension or return of licenses
for salvage mining is specified as follows:
a/ Thirty
days after receiving complete and valid dossiers, for dossiers for grant of
licenses for salvage mining;
b/ Fifteen
days after receiving complete and valid dossiers, for dossiers for extension or
return of licenses for salvage mining.
3. The
Government shall provide procedures for grant, extension or return of licenses
for salvage mining.
Article 72. Revocation of licenses for salvage mining
1. A license
for salvage mining will be revoked in the following cases:
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b/ The
salvage mining area is declared to be banned or temporarily banned from mineral
activities.
2. When the
license for salvage mining is revoked or expires, the licensed organization or
individual shall remove all its/his/her assets from the mining area and
rehabilitate and restore the environment.
3. When the
license for salvage mining of minerals is revoked under Point b, Clause 1 of
this Article, the licensed organization or organization shall be compensated
for the related damage under law.
Section 3 CLOSURE OF MINERAL MINES
Article 73. Closure of mineral mines
Organizations
and individuals licensed for mining shall make mine closure plans for the whole
or part of the mining area in the following cases:
1. They have
mined the whole or part of mineral deposits;
2. Their
mining licenses expire while mineral deposits in the mining area have not fully
been exploited.
Article 74. Making and implementation of mine closure plans
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2. In case
organizations or individuals licensed for mining dissolve, go bankrupt or are
incapable of implementing mine closure plans, competent licensing state
management agencies shall select capable organizations or individuals to make
and implement these plans. Funds for implementing mine closure plans come from
environ mental rehabilitation and restoration deposits of organizations or
individuals licensed for mining.
Article 75. Approval and takeover test of results of implementation
of mine closure plans and decisions
1. State
management agencies competent to grant mining licenses shall approve, and
conduct takeover test of, results of implementation of mine closure plans and
decisions.
2. The
Ministry of Natural Resources and Environment shall stipulate the contents, and
procedures for approval and takeover test of results of implementation of mine
closure plans and decisions.
Chapter IX
MINERAL-RELATED FINANCE
AND AUCTION OF THE MINING RIGHT
Section 1 MINERAL-RELATED FINANCE
Article 76. State budget revenues from mineral activities
1. Royalties
and taxes under tax laws.
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3. Fee for
the grant of the mining right.
Article 77. Fee for the grant of the mining right
1. Organizations
and individuals licensed for mining shall pay a fee for the grant of the mining
right. The State may collect the fee through or not through auction.
2. The fee
for the grant of the mining right shall be determined based on the price,
deposit, quality, kind or group of minerals, and mining conditions.
3. The
Government shall specify the method of calculating, and rates of, the fee for
the grant of the mining right.
Section 2 AUCTION OF THE MINING RIGHT
Article 78. Areas subject to auction of the mining right
1. Auction of
the mining right shall be conducted for mineral activity areas, except areas
identified by competent state agencies as not subject to auction of the mining
right.
2. The
Government shall specify criteria for identifying areas not subject to auction
of the mining right.
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4.
Provincial-level People's Committees shall decide on areas not subject to
auction of the mining right which fall within their licensing competence
defined in Article 82 of this Law.
Article 79. Forms, principles, conditions and procedures for
auction of the mining right
1. Forms of
auction of the mining right include:
a/ Auction of
the mining right in unexplored areas;
b/ Auction of
the mining right in areas for which exploration results have been approved by
competent state agencies.
2. The
Government shall provide principles, conditions and procedures for auction of
the mining right.
Chapter X
RESPONSIBILITIES FOR
STATE MANAGEMENT OF MINERALS
Article 80. Responsibilities of the Government, ministries
and ministerial-level agencies for state management of minerals
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2. The
Ministry of Natural Resources and Environment shall take responsibility before
the Government for performing the state management of minerals nationwide, and
shall:
a/ Promulgate
according to its competence or submit to competent state agencies for
promulgation and implement legal documents on minerals; issue technical
regulations, norms and unit prices for geological baseline surveys of minerals
and mineral exploration;
b/ Formulate
and submit mineral strategies to the Prime Minister for approval; formulate and
submit to the Prime Minister for approval mineral master plans as assigned by
the Government;
c/ Identify
and publicize mineral areas according to its competence; identify and submit to
the Prime Minister for decision areas not subject to auction of the mining
right according to its competence;
d/
Disseminate and educate about the mineral law; train and retrain human
resources for geological baseline surveys of minerals and mineral activities;
e/ Grant,
extend and revoke mineral exploration licenses and mining licenses; approve the
return of mineral exploration licenses and mining licenses or return of part of
the exploration or mining areas; and hold auctions of the mining right
according to its competence;
f/ Guide and
organize the registration of geological baseline surveys of minerals; make
statistics of and inventory mineral deposits;
g/ Summarize results
of geological baseline surveys of minerals and mineral activities; manage
geological and mineral information and specimens;
h/ Publicize
and publish documents and information on geological baseline surveys of
minerals;
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j/ Inspect,
examine, and handle violations of the mineral law according to its competence.
3. Concerned
ministries and ministerial-level agencies shall, within the ambit of their
tasks and powers, perform the state management of minerals, including
formulation and submission for approval of mineral master plans as assigned by
the Government; and coordinate with the Ministry of Natural Resources and
Environment in performing the state management of minerals.
Article 81. Responsibilities of People's Committees at all
levels for state management of minerals
1. Within the
ambit of their tasks and powers, provincial-level People's Committees shall:
a/ Promulgate
according to their competence documents guiding state regulations on management
and protection of minerals and management of mineral activities in localities;
b/ Identify
and submit to the Prime Minister for approval areas banned or temporarily
banned from mineral activities; and decide on areas not subject to auction of
the mining right according to their competence;
c/ Formulate
and submit to competent state agencies for approval local master plans on
exploration, mining and utilization of minerals under the Government's
regulations;
d/ Recognize
criteria for calculating mineral deposits; approve mineral deposits; make
statistics of and inventory mineral deposits falling within their licensing
competence;
e/ Grant,
extend and revoke mineral exploration licenses, mining licenses or licenses for
salvage mining; approve the return of mineral exploration licenses, mining
licenses or licenses for salvage mining or return of part of the exploration or
mining areas; and hold auctions of the mining right according to their
competence;
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g/ Take
measures to protect the environment, unexploited minerals and other natural
resources under law; maintain security and social order and safety in areas
with minerals;
h/ Report
mineral activities in their localities to central state management agencies in
charge of minerals;
i/ Disseminate
and educate about the mineral law;
j/ Inspect,
examine, and handle violations of the mineral law according to their
competence.
2. Within the
ambit of their tasks and powers, district- and commune-level People's
Committees shall:
a/ Approve
according to their competence the lease of land for mineral activities, use of
technical infrastructure facilities, and other relevant matters for
organizations and individuals licensed for mining in their localities under
law;
b/ Take
measures to protect the environment, unexploited minerals and other natural
resources under law; maintain security and social order and safety in areas
with minerals;
c/ Report
mineral activities in localities to their superior People's Committees;
d/
Disseminate and educate about the mineral law;
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Article 82. Competence to grant mineral exploration licenses
and mining licenses
1. The
Ministry of Natural Resources and Environment may grant mineral exploration
licenses and mining licenses in cases other than those specified in Clause 2 of
this Article.
2.
Provincial-level People's Committees may grant mineral exploration licenses,
licenses for mining of minerals for use as common construction materials, peat,
and minerals in areas with scattered and small-scale minerals already
identified and publicized by the Ministry of Natural Resources and Environment;
and licenses for salvage mining.
3. State
management agencies competent to grant mineral exploration licenses, mining
licenses or licenses for salvage mining may extend, revoke or approve the
return of the licenses they have granted; approve the return of part of the
exploration or mining areas; or approve the transfer of the exploration or mining
right.
Article 83. Specialized inspection of minerals
1. State
management agencies in charge of minerals shall conduct specialized inspection
of minerals.
2.
Organization and operation of specialized mineral inspectorates comply with this
Law and the inspection law.
Chapter XI
IMPLEMENTATION
PROVISIONS
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1.
Organizations and individuals that are granted mineral exploration licenses or
mining licenses before the effective date of this Law may continue to comply
with these licenses till their expiry date.
2. Licenses
for salvage mining in mines already closed for liquidation will remain valid
till their expiration and may neither be extended nor renewed.
3. From the
effective date of this Law, holders of mining licenses granted before this date
shall pay a fee for the grant of the mining right for unexploited mineral
deposits.
Article 85. Effect
This Law
takes effect on July 1, 2011.
The March 20,
1996 Mineral Law and Law No. 46/2005/QH11 Amending and Supplementing a Number
of Articles of the Mineral Law cease to be effective on the effective date of
this Law.
Article 86.
Implementation detailing and guidance
The
Government shall detail and guide articles and clauses as assigned in this Law;
and guide other necessary contents of this Law to meet state management
requirements.
This Law
was passed on November 17,2010, by the XIIth National Assembly of
the Socialist Republic of Vietnam at its 8th session.-
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CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Phu Trong