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GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No:
15/2012/ND-CP
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Ha
Noi, March 09, 2012
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DECREE
STIPULATION IN DETAIL THE IMPLEMENTATION OF SOME ARTICLES OF
THE MINERAL LAW
Based on the Law on the Organization of the Government dated December 25, 2001;
Based on the Mineral Law No. 60/2010/QH12 dated
November 17, 2010;
At the proposal of the
Minister of Natural Resources and Environment;
The Government promulgates
the Decree stipulating in detail some articles of the Mineral Law
Chapter 1.
GENERAL REGULATION
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This Decree stipulates in detail
the clause 5 and clause 7 of Article 3; Clause 4 of Article 7; Clause 3 of
Article 10; Article 24; Clause 2 of Article 27; Clause 3 of Article 30; Clause
2 of Article 36; Clause 2 of Article 39; Clause 3 of Article 40; point dd
Clause 1 of Article 42; Clause 4 of Article 43; Article 44; Clause 4 of Article
48; Clause 1 of Article 49; Clause 3 of Article 50; Clause 3 of Article 53;
point c and dd of Clause 1 of Article 55, Clause 3 of Article 60; Clause 4 of
Article 66; Clause 3 of Article 71; Clause 2 of Article 75; Clause 3 of Article
77; Clause 2 of Article 78 of the Mineral Law No. 60/2010/QH12.
2. The regulations on the principles,
conditions and procedures for auction of the mineral exploitation right do not
belong to the scope of adjustment of this Decree.
Article 2.
Conditions and standards for mineral export.
1. The Ministry of Industry and
Trade has presided over and coordinated with the Ministry of Natural Resources
and Environment, the relevant Ministries and departments to build and
promulgate the lists, conditions and standards for exporting kinds of mineral,
except for the ones used as the constructional materials.
2. The Ministry of Construction
has presided over and coordinated with the Ministry of Natural Resources and
Environment, the relevant Ministries and departments to build and promulgate
the lists and conditions and standards for exporting of mineral used as the
constructional materials.
Article 3.
Reimbursing the costs of geological baseline survey of mineral, costs of
mineral exploration
1. The information of geological
baseline survey of mineral that the organizations and individuals must
reimburse the costs when using it is the information for assessing the mineral
potential.
2. The reimbursement of the
costs to assess the mineral potential and explore the mineral is executed by
the following principles:
a) In case the information on
assessing the mineral potential and exploring the mineral possessed by the
State, the organizations and individuals using the information must reimburse
the State the invested costs. The costs to be reimbursed are defined based on
the quantity of work, work items performed and the current unit price.
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b) The organizations and
individuals that are permitted to explore the mineral by fund from the State
budget are not entitled to supply and transfer the information on the mineral
exploration result to the other organizations and individuals except for the
case to supply to the competent authorities as prescribed by the Ministry of
Natural Resources and Environment.
c) In case the information on
assessing the mineral potential, mineral exploration invested by the
organizations and individuals, the reimbursement of invested costs is carried
out on the principle of an agreement between the organizations and individuals
that have invested with the organizations and individuals using the
information.
For the information on assessing
the mineral potential, mineral exploration invested by the organizations and
individuals in the section of mineral activities whose licenses are revoked,
returned or expired their right of priority to propose the grant of the mineral
exploitation License. In case parties cannot reach an agreement by themselves
of the costs to reimburse then the State bodies that have the competence to
grant License as prescribed in the clause 1, clause 2 Article 82 of the Mineral
Law (hereafter called the State competent authority of licensing) shall decide
the invested costs to be reimbursed in the principle prescribed at point a of
this clause.
3. The imbursement of costs of
geological baseline survey of mineral, costs of mineral exploration is carried
out before the organizations and individuals receive the mineral exploration
License, the mineral exploitation License.
4. The Ministry of Finance
presides over and coordinates with the Ministry of Natural Resources and
Environment for the guidance of specifying the costs of returnable
geological baseline survey of mineral, costs of mineral exploration, the mode
and procedure of reimbursement; regulation on collection regime, control, use
of costs of mineral potential assessment, mineral exploration invested by the
State.
Article 4. Use
of information on mineral potential assessment, mineral exploration and
exploitation
1. The organizations and
individuals that are entitled to use the information on the mineral exploration
invested by themselves or use the information on the mineral potential
assessment, mineral exploration and exploitation belonging to the State
possession have been reimbursed the costs as prescribed in the Article 3 of
this Decree are entitled to transfer and inherit to serve the mineral
activities in accordance with the regulation of the law.
2. After 06 months since the day
the mineral exploration License expires but the organizations and individuals
that are permitted to explore do not submit to the competent authority for
approval of the mineral reserves or if the mineral reserves were approved but
they have not sumitted the dossiers for mineral exploitation License then the
State competent authority are entitled to supply the information on the mineral
in that area to the other organizations and individuals for their use. The
organizations and individuals that use the information have the responsibility
to reimburse the exploration costs as prescribed at point c, clause 2, Article
3 of this Decree.
Article 5.
The state investment for mineral exploration and exploitation
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2. On the basis of the mineral
planning approved, based on the demand serving the objectives of
national defense and security or economic and social mission, the
Ministry of Natural Resources and Environment presides over and coordinates
with the Ministry of Planning and Investment, Ministry of Finance and the
relevant Ministries and departments to evaluate and submit to the Governmental
Prime Minister for the approval of the projects of mineral exploration and
exploitation performed by capital from the State budget.
Article 6.
Toxic mineral
1. The toxic mineral include
radioactive mineral, mercury, arsenic, asbestos; mineral containing radioactive
or toxic elements that when exploited can release into the environment the radioactive or
toxic substances that exceed the level of Vietnamese technical standard.
2. The Ministry of Natural
Resources and Environment is responsible for investigating, assessing and
determining the level of influence and proposing the solutions to prevent the
impact of toxic minerals to the environment of the area and the local people
where the toxic minerals exist; notifying the provincial People’s Committee
where the toxic minerals exist to organize the control and protection as
prescribed.
3. The provincial People’s
Committee where the toxic minerals exist is responsible for deployment of
executing the solutions to prevent the negative impacts of the toxic minerals
to the environment of the area and the local people; organizing the control and
protection of the toxic minerals in the local area as prescribed.
Article 7.
Report of the mineral activity result
1. Report of the mineral
activity result cosists of:
a) Report of the mineral
exploration and exploitation activity.
b) Report of the situation of
the State management on the mineral and the mineral activity in the scope of
centrally provinces and cities.
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2. The reporting regulation on
the mineral activity is stipulated as follows:
a) Periodical report is made
once a year. The reporting period is calculated from 01 January to the end of
31 December of the reporting year.
b) Besides the reporting
regulation stated at the point a this clause, when required from the State
management organ over the mineral, the organizations and individuals
who are permitted to conduct the mineral activities must
irregularly report on the situation of mineral
activities.
3. The responsibility to submit
the report of the mineral activity result is specified as follows:
a) At latest after 05 working
days
from the last day
of
reporting
period, the organizations and individuals are permitted to conduct the mineral
activities must submit the report as prescribed at the point a clause 1 of this
Article to the Department of Natural Resources and Environment where the
mineral activities are conducted.
For the organizations and individuals
that conduct the mineral activities under the License which is granted under the
competence of the Ministry of Natural Resources and Environment, besides
submitting the report to the Department of Natural Resources and Environment
where the mineral activities are conducted, that report is also submitted to
the General Department of Geology and Minerals.
b) At latest after the 15 days from the last day
of
reporting
period, the Department of Natural Resources and Environment will make report as
prescribed at point b clause 1 of this Article to present the provincial
People’s Committee in order to send to the Ministry of Natural Resources and
Environment and one copy of the report is sent to the Department of Industry
and Trade, Department of Construction to coordinate the management.
c) At latest after the 30 days from the last day
of
reporting
period, the General Department of Geology and Minerals will make report as
prescribed at point c clause 1 of this Article to submit to the Ministry of
Natural Resources and Environment in order to report to the Governmental Prime
Minister and send the copy of the report to the Department of Industry and
Trade, Department of Construction to coordinate in management.
4. The Ministry of Natural
Resources and Environment specifies the form of report of mineral activity
result as prescribed in clause 1 of this Article.
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MINERAL PLANNING,
GEOLOGICAL BASELINE MINERAL SURVEY, MINERAL AREA
Article 8.
Making and submitting for approval of the planning of mineral
1. Responsibility for making in
order to submit to the Prime Minister for approval of the mineral planning
prescribed in clause 3, Article 10 of the Mineral Law is as follows:
a) The Ministry of Natural
Resources and Environment will preside over to make the planning of geological
baseline mineral survey.
b) The Ministry of Industry and Trade will
preside over to make the planning of exploration, exploitation, process and use
of kinds of mineral (except for ones used as constructional materials)
c) The Ministry of Construction
will preside over to
make the planning of exploration, exploitation, process and use of kinds of
mineral as constructional materials.
2. The planning of mineral
stipulated in clause 1 of this Article is made in accordance with the mineral
strategy approved as prescribed.
3. Collecting opnions and
coordinating during the process of making the mineral planning:
a) During the process of making
the mineral planning under the competence prescribed at point b, point c,
clause 1 of this Article, the Ministry of Industry and Trade and
the Ministry of Construction have the responsibility to coordinate in order to
execute the regulation at point d, clause 1, Article 13 of the Mineral Law.
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Article 9.
Planning for exploration, exploitation and use of minerals in the centrally
provinces and cities
1. Planning for exploration,
exploitation and use of minerals in the central provinces and cities as
stipulated in clause 3, Article 10 of the Mineral Law is made for the kinds of
minerals as follows:
a) The minerals are used as the
general constructional material, peat coal.
b) The minerals existing in the
area with small-scale and dispersed minerals that are zoned and announced by
the Ministry of Natural Resources and Environment.
c) The minerals at the waste
ground of mines closed down.
2. The making of the planning
for exploration, exploitation and use of minerals in centrally provinces and
cities must ensure the following principles:
a) To be consistent with the mineral
strategy, mineral
planning as stipulated at point b and point c, clause 1, Article
8 of this Decree.
b) To be consistent with the
overall planning of
socio-economic development at the provincial level;
ensuring the security
and national
defense in
the area.
c) To ensure the exploitation and
use of minerals rationally, economically and
efficiently to serve
the current
needs, while having
calculation for the scientific and technological development and mineral demand in the future.
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3. The basis for making the
planning for exploration, exploitation and use of minerals in the centrally
provinces and cities includes:
a) The overall planning of
socio-economic development of the provinces, area planning
b) The mineral strategy; mineral
planning as stipulated at point b and c, clause 1, Article 8 of this Decree.
c) The mineral demand in the
planning period.
d) The scientific and
technological progress in the exploration and exploitation of minerals
e) Result of execution of the
previous period planning.
4. Planning for exploration,
exploitation and use of minerals in the centrally provinces and cities must
have the following main content:
a) Surveying, studying,
generalizing and assessing the social economic and natural conditions and the
actual state of the activity of exploration, exploitation, process and use of
minerals in the local area.
b) Assessing the result of
execution of the previous period planning.
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d) The restricted area for
mineral activities, temporarily restricted areas for mineral activities
dd) Zoning in detail
the mining
areas, the kind of mineral need to be invested for exploration
and exploitation and
the progress
of exploration
and exploitation.
The area for exploration
and exploitation
of minerals are limited by the straight lines connecting the points of closed
angle shown on the topographic map of the national coordinate systems
with
the appropriate
rate.
e) Determining the scale, exploitation
capacity, conditions on the exploitation technology.
g) The solution and
progress for organizing the implementation of the
planning.
5. The provincial People’s
Committee organizes to make, approve and publicly announce the planning of
exploration, exploitation and use of the minerals in centrally provinces and
cities after the planning is passed by the People’s Council at the same level.
Article 10.
Investment for the geological baseline survey of mineral with the capital of
the organizations and individuals
1. Encouraging the organizations
and individuals to participate in investing the geological baseline survey of
mineral; except for the geological baseline survey of mineral of coal, uranium,
thorium or the survey area that lies in the national border belt.
2. Based on the planning of the
geological baseline survey of mineral approved and stipulated in clause 1 of
this Article, the Ministry of Natural Resources and Environment makes a list of
the geological baseline survey of mineral under the incentive category to
participate in investment with the capital of the organizations and individuals
in order to submit to the Governmental Prime Minister for approval.
3. The organizations and
individuals participating in investing the basic geological survey of mineral
must meet the following conditions:
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b) Having enough funds to carry
out the whole project of the geological baseline survey of mineral.
c) The implementation of the
project of the geological baseline survey of mineral must be supervised by the General
Department of Geology and Minerals through the process of implementation.
4. The Ministry of Natural
Resources and Environment is responsible for:
a) Posting the list
of projects of
geological baseline surveys of mineral under the
category of investment incentives on the website of the Ministry after approval.
b) Promulgating the regulations
on monitoring
the process
of implementation of the projects for
geological baseline surveys of mineral.
c) Presiding over and
coordinating with the Ministry of Planning and Investment, Ministry of Finance
for the guidance of the procedure to contribute and manage the investment
capital of organizations and individuals.
Article 11.
Zoning the area having small-scale and dispersed minerals
1. The area where the minerals
exist (except for the ones used as general constructional materials, peat coal,
toxic minerals, mineral water, natural hot water) is zoned to be the area
having small-scale and dispersed minerals and when meeting the criterion as
stipulated in clause 2 of this Article.
2. The zoning of area with
small-scale and dispersed minerals as stipulated in clause 2, Article 27 of the
Mineral Law must meet the criterion as folllows:
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b) The minerals found
scatter indenpendently with small-scale reserves or estimated
resources; the minerals lie in the mineral exploitation area where there is a
decision on closing the mine as stipulated in clause 2, Article 73 of the
Mineral Law and the reserves and estimated resources are small-scale as
stipulated in the Appendix promulgated with this Decree.
c) Not having any sign of the
other minerals discovery besides the ones explored or assessed on the mineral
potential.
3. The Ministry of Natural
Resources and Environment is responsible for zoning and promulgating the areas
having small-scale and dispersed minerals as stipulated in clause 1 and clause
2 of this Article.
Based on the reality at the
locality, the provincial People’s Committee may propose the Ministry of Natural
Resources and Environment to zone and announce that the area has small-scale and
dispersed minerals.
Article 12.
Criterion for zoning the area in which the mineral exploitation right is not
subject to auction
The zoning of area where the
minerals exist and is the area in which the mineral exploitation right is not
subject to auction as stipulated in clause 2, Article 78 of the Mineral Law
when it belongs to one of the following cases:
1. The mineral area ensuring the
energy security includes: coal, uranium and thorium.
2. The area having limestone,
claystone used
as raw materials
for cement
production or the minerals are adjusted additives for cement production that
are identified as the raw materials for the cement plant projects; the area
where the minerals exist is identified as the raw materials for the intensive
mineral processing plant projects that was approved in the principle by the
Governmental Prime Minister.
3. The mineral area located in
the national boder belt, the strategic area of the national defence.
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5. The mineral area that is used
as the general constructional materials determined for exploitation to supply
the raw material to serve the maintenance and repairment of the technical infrastructure
works.
6. The area of mineral
activities where the mineral exploration and exploitation in that area are
limited as stipulated at point a, clause 2, Article 26 of the Mineral Law.
7. The area of mineral
activities that the competent state management organ has granted the mineral
exploitation License, the mineral exploitation License before 01 July 2011.
8. The other cases will be
decided by the Governmental
Prime Minister.
Chapter 3.
REGULATION ON THE
MINERAL ACTIVITY
SECTION 1. MINERAL
EXPLORATION
Article 13.
Selecting the organizations and individuals in order to grant the mineral
exploration License in the area where the mineral exploitation right is not
subject to auction.
The selection of the
organizations, individuals in order to grant the mineral exploration
License in the area where the mineral exploitation right is not subject to
auction as stipulated in clause 1, Article 36 of the Mineral Law is implemented
as follows:
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2. In case the notice period
comes to an end as stipulated at point a, clause 1, Article 35 of this Decree
and there are 02 organizations, individuals or more than meeting conditions as
stipulated in clause 1, Article 34 and point b, point c, Article 40 of the
Mineral Law to submit dossier for mineral exploration proposal then the
organization or individual is selected to be granted the mineral exploration
License when meeting at most the following conditions:
a) At the point of time to
consider the dossier, having the equity capital that occupies the largest
percentage compared with the total investment capital to execute the project of
survey.
b) Being the organizations,
individuals that have participated in the capital of the geological baseline
survey of mineral in the area where the mineral exploration License is expected
to be granted.
c) Having a commitment that
after the exploration is having result, will exploit and use the mineral to
serve the domestic production needs in accordance with the mineral planning
that has been approved.
3. In case the organizations and
individuals that propose the grant of the mineral exploration License meet the
conditions as stipulated in clause 2 of this Article, then the organizations
and individuals that submit dossier in advance based on the time specified in
the dossier receipt will be selected to be granted the mineral exploration
License.
Article 14.
Conditions for the business household to explore the mineral for use as the
general constructional materials
The business household which is
stipulated in clause 2, Article 34 of the Mineral Law shall be granted the
mineral exploration License for use as the general constructional
materials once meeting conditions as follows:
1. Being selected by the
provincial People’s Committee as stipulated in the Article 13 of this Decree or
having won the auction of the mineral exploitation right in the area where the
mineral hasnot been explored; having contract with the organization that is
qualified for the practice of mineral exploration as stipulated in clause 1,
Article 35 of the Mineral Law in order to implement the exploration project.
2. Having the exploration project
appropriate with the planning of exploration, exploration and use of mineral of
centrally provinces and cities existing minerals
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4. The area of exploration area
must not exceed 01 ha.
Article 15.
Transfer of the mineral exploration right
1. Conditions for the transfer
of the mineral exploration right:
a) The organizations,
individuals that receive the transfer must meet enough conditions as stipulated
in clause 1, Article 34 of the Mineral Law; if not qualified for the practice
of mineral exploration, there must be a contract signed with the organization
that is qualified the practice of mineral exploration as stipulated in clause
1, Article 35 of the Mineral Law in order to keep executing the exploration
project.
b) By the time of
transfer, the organizations, individuals that make
the transfer have
completed all obligations prescribed at the points b, c, d and e,
Clause 2 of Article
42 and
Clause 3,
Article 43 of the Mineral
Law and
regulations in
the mineral exploration License.
c) At the time of transfer,
there is no dispute on the rights and obligations relating to the exploration
activities.
d) The organizations
and individuals
that propose transfer have submitted complete dossiers for transferring the
mineral exploration right to the dossier receiving organ once the mineral
exploration License is still valid for at least 90 days.
2. The transfer of the mineral
exploration right must
be made by the
contract between the
assignor and the
assignee. The
contents of the
transfer contract must
clearly indicate the
number and
volume of work
items, exploration
costs that have
been made by the
time of
transfer; the
liability between
the parties while
performing the
work and
obligations after the
transfer.
3. The time for
settling the transfer dossier
of the mineral exploration right is 45 days maximumly, from the date
the dossier
receiving organ has a written receiving notice.
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4. The organizations and
individuals that make a transfer or receive a transfer of the mineral
exploration right must carry out the obligations on tax, charge and fee as
prescribed by the law.
Article 16.
Further exploring reserves in the mineral exploitation area
1. The organizations and individuals
that are permitted to exploit the mineral when further exploring the mineral
reserves from the reserves with the low geological research level up to the
reserves with higher geological research level or when further exploring from
the resource level up to the reserves level in the area where there is
permission to exploit the mineral without making any procedure for the proposal
of the mineral exploration License.
2. When further exploring the
mineral reserves, the organizations and individuals that are entitled to
exploit the minerals are responsible for:
a) Announcing the program, plan
and volume of further exploring work to the competent licensing state
management organ as prescribed in Article 82 of the Mineral Law before
implementation.
b) In case not being qualified
for the practice of mineral exploration, must contract with the organizations
and individuals that meet enough conditions as prescribed in clause 1, Article
35 of the Mineral Law to carry out work of further exploring.
c) When finishing the further
exploration of reserves, submit the exploration result to the State competent
authority as prescribed in clause 1, Article 49 of the Mineral Law.
Article 17.
Renewal of mineral exploration License
1. The organizations and
individuals that propose the renewal of mineral exploration License are
considered for renewal when meeting the following conditions:
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b) At the time for the renewal
proposal, the volume of work items under the granted mineral exploration
License has not completed yet or there is a change on the geological structure;
method of exploration compared with the approved exploration project.
c) By the time for the renewal
proposal, the organizations and individuals that are granted the mineral
exploration License have carried out the obligations as prescribed at point b,
c, d, dd and e, clause 2, Article 42 of the Mineral Law.
2. In case the mineral
exploration License has expired but the dossier for renewal proposal are being
verified by the competent state authority, the organizations and individuals
are allowed to continue executing the exploration work to the renewal point of
time or having response in writing that the License is not renewed.
Article 18.
Change on exploration method and exploration volume
1. In case there is a change on
the exploration method or exploration volume with the cost of more than 10% of
the estimated cost in the approved exploration project, the organization and
individuals that have permission of exploration must submit report explaining
the reason for the change to:
a) The Department of Natural
Resources and Environment where there are activities of mineral exploration in
case the mineral exploration License is under the competence of
licensing from the provincial People’s Committee.
b) The General Department of
Geology and Minerals in case the mineral exploration License is
under the competence of licensing from the Ministry of Natural Resources and
Environment.
2. In
a period not
exceeding 10
working days
after receiving
an explanation report from the organizations and individuals as
prescribed in clause 1 of this Article, the Department of
Natural Resources and Environment, the General Department of Geology and
Minerals under their authority are liable to verify dossier and relevant
documents, including on-site verification when necessary to report to the
competent authority of granting the exploration License to considern and
approve change of the exploration method or the exploration volume. In case of
disapproval, there must be a response in writing stating the reasons.
Article 19.
Surveying on scene and taking samples on the ground to select the area for
making the project of mineral exploration.
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2. In
a period not
exceeding 10
days from the day
of receiving the proposal
in writing from the organizations and individuals mentioned
in clause 1 of
this Article, the provincial People’s Committee has a written notice on the
approval or disapproval. In case of disapproval, there must be a response in
writing stating the reasons.
SECTION 2.
EVALUATION AND APPROVAL OF MINERAL RESERVES
Article 20.
Organization and operation of the National Council for Evaluation of Mineral Reserves
1.The National Council for Evaluation of Mineral Reserves as
prescribed at point a, clause 1, Article 49 of the Mineral Law consists of:
Chairman of the Council is the Minister of Natural Resources and Environment,
Vice Chairman of the Council is the Deputy Minister of Natural Resources and
Environment and the Council members are decided by the Governmental Prime
Minister on the basis of the proposal of the Minister of Natural Resources and
Environment and the relevant Ministries and departments.
The members of the
National Council for Evaluation
of Mineral Reserves work on a plurality basis
and by
the
Regulations
on the operation of
the Council promulgated by the Chairman of the Council.
2. The National Council for Evaluation
of Mineral Reserves whose office is located at the Ministry of Natural Resources
and Environment to assist the Council. The organization and operation of the the
National Council for Evaluation
of Mineral Reserves Office is decided by the Chairman of the
National Council for Evaluation
of Mineral Reserves
3. The National Council for Evaluation
of Mineral Reserves is responsible for evaluating and approving the
reserves in the report of mineral exploration result that belong to
the licensing competence of the Ministry of Natural Resources and Environment.
The evaluation content of the report of mineral
exploration result and the approval of the mineral reserves in the report of mineral
exploration result is carried out in accordance with the regulations in Article
22 of this Decree.
Article 21.
Evaluation and approval of mineral reserves under the licensing competence of
the provincial People’s Committee
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2. The Department of Natural Resources and
Environment presides over and coordinates with the relevant state management
organs to evaluate the exploration result report and present the provincial
People’s Committee for approval of the reserves in the report of mineral
exploration result as prescribed in clause 1 of this Article.
3. In necessary case, the provincial
People’s Committee decides to establish the technical consulting Council
including some members who are representatives of the relevant state management
organs and some experts who have intensive profession in the field of mineral
exploration in order to evaluate the report of mineral exploration result
before submitting it for approval mineral reserves under the licensing
competence.
Article 22.
The
content of evaluation of the mineral exploration result report and approval of
reserves in the mineral exploration report
1.The content of evaluation of the
mineral exploration result report includes:
a) Legal basis, base for report
making
b) The result of executing the
volume of explorated works; interpreting the target to calculate the mineral
reserves; the method of zoning and connecting and calculation of mineral
reserves compared with the project of mineral exploration that has been
evaluated and the content of the mineral exploration License.
c) The reliability on the
reserves, content and quality of the main mineral and useful mineral
accompanied.
d) The reliability on conditions of the hydro-geological,
the geology of works relating to the feasibility of the mineral exploitation
2. The content of reserves
approval in the report of mineral exploration result
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b) The geological reserves of
the main mineral; the geological reserves of all minerals accompanied (if any).
c) The use scope of the
exploration result report.
SECTION 3.
EXPLOITING MINERAL AND CLOSING MINERAL MINE
Article 23.
Conditions for the business household to exploit the mineral for use as the
general constructional materials, and mineral exploitation salvage
The business household as
prescribed in clause 2, Article 51 of the Mineral Law is granted the mineral
exploitation License for use as the general constructional materials, the
License for the mineral salvage exploitation when meeting the following conditions:
1. Having the project of mineral
exploration investment in the area explored and approved the reserves
consistent with the planning of exploration, exploitation and use of mineral in
the provinces and cities where the mineral exist. The project of mineral
exploration investment must have a plan to use specialized manpower with the
appropriate equipment, technology and exploration method.
2. Having the commitment to
protect the environment certified in accordance with the regulations of the law
concerning the environmental protection.
3. Having the equity capital
that occupies at least 30% of the total investment capital of the project of
the mineral exploitation investment.
4. The scale of exploitation
capacity does not exceed 3,000 m3
of the
original mineral products / year.
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1. Conditions for transfer of
the mineral exploitation right:
a) The organizations and
individuals that receive the transfer are qualified as prescribed in clause 1,
Article 51 and clause 2, Article 53 of the Mineral Law.
b) By the time of
transfer, the organizations and individuals that
have permission of mineral exploitation have finished work as prescribed in
clause 1, Article 66 and the obligations as prescribed at points a, b,
c, d, e and g, clause 2, Article 55 of the Mineral Law.
c) The area where there is
permission of exploitation has no dispute over the rights and obligations
concerning the mineral activities.
d) The organizations and
individuals proposing the transfer have submit complete dossier to the dossier
receiving organ when the mineral exploitation License is still valid for at
least 90 days
2. The content of transfer of
mineral exploitation right is made by the contract between the
assignor and the
assignee with the main content as follows:
a) The real state of quantity,
volume, value of exploitation work, technical infrastructure invested and
built; situation of financial obligation performance of the organizations and
individuals that make transfer by the time of signing the contract of transfer.
b) The responsibility of the
organizations and individuals receiving the transfer for the continuity of work
performance, unfisnished obligations of the organizations and individuals that
make transfer by the time of signing the transfer contract.
c) Other relevant rights and
obligations of the organizations and individuals that make transfer and the
organizations and individuals receiving the transfer as prescribed.
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In case the transfer proposal
isnot approved by the licensing competent authority, then the organizations and
individuals that make transfer are allowed to continue the performance of the
mineral exploitation License or return the mineral exploitation License.
4. The organizations and
individuals that make transfer and receive transfer of mineral exploitation
right must carry out the obligations on tax, charge and fee as prescribed by
the law.
Article 25.
Renewal of mineral exploration License, the License of mineral
salvage exploitation
1. The organizations and
individuals that exploit minerals are renewed the mineral exploitation License,
the License of mineral
salvage exploitation when meeting the following conditions:
a) Having submitted complete
dossier for the renewal of mineral exploitation License, the License of mineral
salvage exploitation to the dossier receiving organ when the mineral
exploitation License is still valid for at least 45 days and when the License of mineral
salvage exploitation is still valid for at least 15 days; in which
stating the explanation of the reason for renewal proposal
b) Having the report of mineral
exploitation activity result in which clearly demonstrate that up to the time
of renewal proposal, the mineral reserves in the exploitation area hasnot been
exploited up yet under the mineral exploitation License.
c) To the time of renewal
proposal, the organizations and individuals that are granted License have
completed the obligations as prescribed at points a, b, c, d, dd, e and g, clause
2, Article 55 of the Mineral Law.
d) Having completely performed
the obligations of the environmental protection, using land, water and
technical infrastructure in the mineral activities in accordance with
regulation of the law concerning mineral and the relevant law.
dd) At the time of renewal
proposal, the next plan for the mineral exploitation must comply with the
mineral planning approved as prescribed at point c or point d, clause 1,
Article 10 of the Mineral Law.
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3. In case the mineral
exploitation License, the License
of mineral salvage exploitation are expired but the dossier for renewal proposal are being
considered by the state competent authority then the organizations and
indiduals that are exploiting minerals are allowed to continue their mineral
exploitation under the License to the renewal time or until there is a written
notice that the License is not renewed.
Article 26.
Evaluating the project of the mineral mine closing
1. The Ministry of Natural
Resources and Environment, the provincial People’s Committee under the
competence prescribed in clause 1 and clause 2, Article 82 of the Mineral Law,
organize the evaluation the project of the mineral mine closing before making
decision to close it down.
2. The evaluation content of the
project of the mine closing consists of:
a) Reason for closing the mine
b) The real state, quantity,
volume and safety degree of the mining works, including the waste ground of
mine by the time of closure.
c) The volume of mineral that
have been exploited in fact, the remaining mineral reserves in the area where
there is permission to exploit mineral by the time of closure.
d) Volume of work and method of
closing the mine, the measurement of protecting mineral not yet been exploited;
the solutions to ensure the safety for the exploitation work site after the
closure; including the waste grounds of the mine; measurement for relevant soil
recovery and environment
e) The volume and progress of
work performance of the project and the time for the completion of the mine
closing.
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LICENSING PROCEDURES OF
MINERAL ACTIVITIES AND APPROVAL OF MINERAL RESERVES AND MINE CLOSING
SECTION 1.
DOSSIER RECEIVING ORGAN, FORM OF RECEIVING AND RETURNING RESULT
Article 27.
The dossier receiving organ of the licensing dossier for the mineral
activities, dossier for the approval of the mineral reserves, dossier for the
closure of the mineral mine
The dossier receiving
organ of the dossier for mineral activities licensing; dossier for approval of
the mineral reserves, dossier for closing the mineral mine prescribed as
follows:
1. The General Department of
Geology and Minerals is the dossier receiving organ for the dossier for mineral
activities licensing;
dossier for closing the mineral mine under the competence of licensing of the
Ministry of Natural Resources and Environment.
2. The National Council for Evaluation
of Mineral Reserves office is the dossier receiving organ of the
dossier for approving the mineral reserves in the report of mineral exploration
result under the mineral exploration License belonging to the
licensing competence of the Ministry of Natural Resources and Environment.
3. The Department of Natural
Resources and Environment is the dossier receiving organ of the dossier for the
mineral activities licensing, dossier for approval of the mineral reserves in the report of
mineral exploration result, dossier for closing the mineral mine
under the licensing competence of the provincial People’s Committee.
Article 28.
Form of receiving and returning the result of dossier for mineral activities
licensing, dossier for approval of the mineral reserves, dossier for closing
the mineral mine
1. The dossier for mineral
activities licensing, dossier for closing the mineral mine are directly
submitted or sent via post to the dossier receiving organ as prescribed in
clause 1 and clause 3, Article 27 of this Decree.
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2. The time for
settling the dossier
is prescribed in clause 2, Article 48, clause 2, Article 50, clause 2, Article
60 and clause 2, Article 71 of the Mineral Law is calculated from the date the
dossier receiving organ has a written receipt notice.
3. The result returning is
directly carried out at the dossier receiving organ
SECTION 2.
FORM OF DOCUMENT IN DOSSIER
Article 29.
Dossier for issuance, renewal, returning of license, returning of one part of
mineral exploration area, transfer of mineral exploration right
1. The document in the dossier
for mineral exploration licensing proposal as prescribed in clause 1, Article
47 of the Mineral Law is made into 01set in the form as follows:
a) The original: Application for
mineral exploration license; the map of mineral exploration area; project of
mineral exploration.
b) The original or the certified
copy: The commitment to protect the environment for the case of toxic mineral
exploration; document certifying auction winning in case of auctioning the
mineral exploitation right in the area where the mineral exploration have not
yet carried out; the certificate of business registration; decision on
establishing representative office, branch in Vietnam in case of foreign
enterprises; document from the bank where the organizations and individuals
register transactional account confirming on the equity capital as prescribed
at point c, clause 2, Article 40 of the Mineral Law.
2. The document in the dossier
for the renewal of mineral exploration License as prescribed in clause 2
Article 47 of the Mineral Law is made into 01 set in the form as follows:
a) The original: Application for
renewal of mineral exploration License; report of mineral exploration result
performed to the time of the renewal proposal and the plan for the next mineral
exploration; the map of mineral exploration area.
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3. The document in the dossier
for returning the mineral exploration License or returning one part of mineral
exploration area as prescribed in clause 3, Article 47 of the Mineral Law is
made into 01 set in the form as follows:
a) The original: Application for
returning the mineral exploration License or returning one part of mineral
exploration area; the mineral exploration License; report of mineral
exploration result performed by the time of returning proposal; the map of
mineral exploration area, the plan for the next mineral exploration in case of
returning one part of the exploration area.
b) The original or the certified
copy: the documents of the obligation performance relating to the exploration
activities by the time of the returning proposal.
4. The document in the dossier for
transferring the mineral exploration right as prescribed in clause 4, Article
47 of the Mineral Law is made into 01 set in the form as follows:
a) The original: Application for
transferring
the mineral exploration right, contract for transferring the mineral
exploration right; report of mineral exploration result by the time of the
proposal for the transfer of the mineral exploration right.
b) The original or the certified
copy: the documents demonstrating the organizations and individuals that make
transfer have completed obligations as prescribed at points b, c, d and e,
clause 2, Article 42; clause 3, Article 43 of the Mineral Law; certificate of
business registration of the organizations, individuals receiving the transfer
of mineral exploration right; decision on establishing representative office,
branch in Vietnam in case the organizations and individuals receiving the
transfer are foreign enterprises.
Article 30.
The dossier for approval of the mineral reserves
The document in the dossier for
approval of the mineral reserves as prescribed in clause 1, Article 50 of the
Mineral Law is made into 01 set in the form as follows:
1. The orginal: Application for
approval of mineral reserves; report of mineral exploration result, the
appendices, drawing and the concerned original documents; appendix of
interpreting the temporary target of mineral reserves calculation; the takeover
test record of volume and quality of the mineral exploration works already
built of the organizations and individuals that are granted the License to
explore the minerals.
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3. The data of the document as
prescribed in clause 1 of this Article is recorded in CD (01 set)
Article 31.
Dossier for granting, renewal, returning of the mineral exploitation License,
returning one part of mineral exploitation area, transfer of mineral
exploitation right
1. The document in the dossier
for the proposal of mineral exploitation licensing as prescribed in clause 1,
Article 59 of the Mineral Law is made into 01 set in the form as follows:
a) The original: Application for
granting the mineral exploitation License; map of mineral exploitation area;
project of mineral exploitation investment attached to the approval decision.
b) The original or the certified
copy: The decision on the mineral reserves approval of the State competent
authority; document certifying auction winning in case of auctioning the
mineral exploitation right in the area where there was exploration result;
Certificate of investment; Report on environmental impact assessment attached
to the decision of approval or the commitment of environmental protection
together with certificate of the competent state management organ; certificate
of business registration; document certifying the equity capital as prescribed
at point c, clause 2, Article 53 of the Mineral Law.
2. The document in dossier for
the renewal of mineral exploitation License as prescribed in clause 2 Article
59 of the Mineral Law is made into 01 set in the form as follows:
a) The original: Application for
the renewal of mineral exploitation License; the map of the mining status at
the point of time of the renewal; report of exploitation activity result by the
time of the renewal proposal.
b) The original or the certified
copy: The documents demonstrating the complete performance of obligations as
prescribed at points a, b, c, dd, e and g, clause 2, Article 55 of the Mineral
Law by the time of the renewal proposal
3. The document in dossier for
returning the mineral exploitation License or one part of surface of the
mineral exploitation area as prescribed in clause 3 Article 59 of the Mineral
Law is made into 01 set in the form as follows:
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b)The original or the certified
copy: The documents demonstrating the complete performance of obligations as
prescribed at points a, b, c, dd, e and g, clause 2, Article 55 of the Mineral
Law by the time of returning proposal.
4. The document of the dossier
of the mineral exploitation right transfer as prescribed in clause 4, Article
59 of the Mineral Law is made into 01 set in the form as follows:
a) The original: Application for
transfer of mineral exploitation right; contract for transfer of mineral
exploitation right attached to the list of value of the transferred property;
the map of the mining status at the point of time of transfer proposal; report
of mineral exploitation result to the time of the transfer proposal of the
mineral exploitation right.
b) The original or the certified
copy: The documents demonstrating the complete performance of obligations as
prescribed at points a, b, c, dd, e and g, clause 2, Article 55 of the Mineral
Law by the time of transfer of the organizations and individuals that make
transfer; certificate of business registration, certificate of investment of
the organizations and individuals receiving the transfer of mineral
exploitation right
Article 32.
Dossier for granting, renewal, returning of License of mineral salvage
exploitation
1. The document in the dossier
for granting the license
of mineral salvage exploitation as prescribed in clause 1, Article 70
of the Mineral Law is made into 01 set in the form as follows:
a) The original: Application for
granting the License
of mineral salvage exploitation; map of mineral salvage exploitation area; project of mineral
exploitation investment attached the approval decision.
b) The original or the certified
copy: Certificate of investment, report on environmental impact assessment
attached to the
approval decision or the commitment to protect the environment
together with the confirmation of the competent state management organ;
certificate of business registration;
2. The document in the dossier
for the License
of mineral salvage exploitation as prescribed in clause 2, Article 70
of the Mineral Law is made into 01 set in the form as follows:
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b) The original or the certified
copy: The documents demonstrating the complete performance of obligations as
prescribed at points a, b, c, dd, e and g, clause 2, Article 55 of the Mineral
Law by the time of the renewal proposal.
3. The document in the dossier
for returning the License
of mineral salvage exploitation as prescribed in clause 3, Article 70 of
the Mineral Law is made into 01 set in the form as follows:
a) The original: Application for
returning the License
of mineral salvage exploitation; report on mineral salvage exploitation result by the time
returning the License; the project of the mine closing.
b) The original or the certified
copy: The documents demonstrating the complete performance of obligations as
prescribed at points a, b, c, dd, e and g, clause 2, Article 55 of the Mineral
Law by the time of the returning proposal.
Article 33.
Dossier for closure of the mineral mine
1. The dossier component for
closing the mineral mine as prescribed in Article 73 of the Mineral Law
includes:
a) Application for the mineral
mine closure
b) Project of the mineral mine
closure
c) The status map of the mineral
mine closing area
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2. The document in the dossier
for closing the mineral mine as prescribed in clause 1 of this Article is made into 01 set in
the form as follows:
a) The original: Application for
closing the mineral mine; the mineral exploitation License; project of closing
the mineral mine; the status map of the mineral mine closing area by the time
of the closure proposal
b) The original or the certified
copy: The documents demonstrating the complete performance of obligations as
prescribed at points a, b, c, dd, e and g, clause 2, Article 55 by the time of
the mine closing proposal.
Article 34.
Form of document in the dossier for mineral activity licensing, dossier for
approval of the mineral reserves, dossier for closure of the mineral mine.
1. The document in the dossier
for mineral activity licensing, dossier for approval of the mineral
reserves, dossier for closing the mineral mine; the forms: the mineral
exploration License, the mineral exploitation License, the decision on mineral
reserves approval, the decision on the project of mineral mine
closing proposal and decision on closing the mineral mine are made under the
unique form nationwide.
2. The Ministry of Natural
Resources and Environment promulgates the forms of documents as prescribed in
clause 1 of this Article.
SECTION 3.
ORDER OF PROCEDURE IMPLEMENTATION
Article 35.
Order of the procedure for mineral exploration licensing
1. The dossier receiving for
granting the mineral exploration License in the area with no auction of the
mineral exploitation right is implemented as follows:
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The time for receiving and
announcing on the dossier for the mineral exploration proposal of the other
organizations and individuals is 30 days, from the day of receiving the dossier
for mineral exploration proposal of the first organization or individual.
b) When the time stated at the
point a of this clause is over, the dossier receiving organ doesnot receive any
dossier and conduct the selection organizations, individuals in order to grant
the mineral exploration as prescribed in clause 2, Article 13 of this Decree.
The time for selecting
organizations, individuals in order to grant the mineral exploration License is
05 working days, from the expiry day of notice as prescribed at point a of this
clause.
c) When the time regulated at
the point b of this clause, in case having selected the dossier of the
organization or individual to grant the exploration license, the dossier
receiving organ issues a written notice and publicly announces the name of the
selected organization or individual at head office of organ and on the website
of the competent authority to grant license.
For the organizations and
individuals that are not selected to grant the mineral exploration License, the
dossier receiving organ is responsible for noticing in writing to the
organizations and individuals proposing the mineral exploration for the reason
not being selected.
2. The receiving of dossier for
the mineral exploration proposal of the organizations and individuals that win
the auction of the mineral exploitation right in the area where the mineral
hasnot been explored is implemented as follows:
a) The organizations and
individuals that win the auction of the mineral exploitation right submit the
dossier for the mineral exploration proposal to the dossier receiving organ.
b) In
a period not
exceeding 02
working days,
the dossier receiving organ is responsible for verifying
the documents in the dossier. In case the documents meet the conditions in the
clause 1, Article 47 of the Mineral Law and the clause 1, Article 29 of this
Decree then the dossier receiving organ issues a document of the dossier
receiving.
3. In case the dossier for the
mineral exploration proposal hasnot complete documents as prescribed or has
enough but the content of the documents in the dossier is not in accordance
with the regulation of the law, the dossier receiving organ makes a guidance in
writing for the organizations and individuals that propose the mineral
exploration for supplementing and completing dossier. The guidance, request of
supplement and completion of dossier from the dossier receiving organ is made
only one time.
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In a period not exceeding
55 days, from
the day there is a written notice of the dossier receiving, the dossier
receiving organ is reponsible for completing the following tasks:
a) Checking the coordinates,
the area
proposed
for mineral
exploration, including on-site verification.
b) Submitting document to the
relevant organs concerning the area proposed for mineral
exploration in case prescribed in clause 3, Article 48 of the Mineral Law.
In a period not exceeding
20 days from the
day receiving the document asking for the opinion from the dossier receiving organ,
the organ consulted is reponsible for responding in writing the concerned
problems. After the time limit above mentioned without any written response,
the case seems to be approved by the organ consulted.
c) Oganizing the evaluation of
the project of the mineral exploration before submission for granting the
mineral exploration License by the order prescribed in the Article 36 of this
Decree.
5. The submission for granting
the mineral exploration License is made as follows:
a) In
a period not
exceeding 21
days from the day of completing the tasks as prescribed in clause 4 of this
Article, the dossier receiving organ is responsible for completing and
submitting the dossier for the exploration licensing to the
State organs that have the competence to grant the License.
b) In
a period not
exceeding 07
working days from the day of receiving the dossier from the dossier receiving
organ, the state organ that has the competence to grant License will decide on
granting or non-granting the mineral exploration Licence. In case of
non-granting there must be a written response clearly stating the reason.
6. Returning of the dossier for the mineral
exploration Licence
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Article 36.
The evaluation order of the mineral exploration project
1. The evaluation order
of the mineral exploration project that belonging to the licensing
competence of the Ministry of Natural Resources and Environment is made as
follows:
a) In a period not exceeding 20 days from
the day there is written notice of dossier receiving, the dossier receiving
organ will send the project of exploration to get opinions from some experts of
spcialized field. The time for giving out opinions from the experts will not
exceed 10 working days from the time receiving the proposal from the dossier
receiving organ.
b) In a period not exceeding 05 working
days from the day of receiving the consulting opinion from the experts, the
dossier receiving organ is responsible for generalizing all opinion and
enclosing with the dossier for the mineral exploration proposal to the Chairman
of the Council for evaluation of the mineral exploration project as prescribed
in clause 3 of this Article (hereafter called the Council of evaluation)
c) In a period not exceeding 15
days, from the day of receiving the dossier for the mineral exploration proposal,
together with the opinions of the experts, the Chairman of the evaluation
Council will decide on organizing the meeting of the Council of evaluation.
d) In a period not exceeding 05 working
days from the day ending the meeting, the dossier receiving organ must complete
the minutes of meeting of the evaluation Council. In case of supplement and
adjustment to perfect the project or the project of mineral exploration must be
made again, the dossier receiving organ will send a written notice clearly
stating the reason for the disapproval of the project or the contents that need
supplementing and perfecting the project attached to the minutes of meeting of
the evaluation Council.
The time for the organizations
and individuals proposing to be granted the license of exploration, to add,
perfect and re-make of the project of mineral exploration will not be included
in the period of the mineral exploration project evaluation.
2. The evalution order of the
project of mineral exploration under the licensing comptence of the provincial
People’s Committee is made as follows:
a) In a period not exceeding 20 days from the
day there is written notice of dossier receiving, the dossier receiving organ
will send the project of exploration to get opinions from some experts of
specialized field. The time for giving out opinions from the experts will not
exceed 10 working days since receiving the proposal from the dossier receiving
organ.
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c) In a period not exceeding 20 days from
the day of receiving the dossier for the mineral exploration proposal attached
to the opinions of the experts, the provincial People’s Committee will decide
on the approval of the content of the project of mineral exploration in order
to grant license or establish the evaluation Council in the necessary case.
In case of supplementing and
adjusting the
project of mineral exploration based on opinion of the provincial People’s
Committee or of the evaluation Council, the dossier receiving organ will send
written notice clearly stating the reason of disapproval of the project or of
the contents that need to supplement and perfect the project of mineral
exploration.
The time for the organizations
and individuals propose to be granted the license to add, perfect and re-make
of the project of mineral exploration will not be included in the period of the
mineral exploitation project evaluation.
3. The Ministry of Natural
Resources and Environment stipulates the organization and operation of the Council for
evaluation of the mineral exploration project.
Article 37.
Order of the procedure for mineral exploitation licensing
1. The dossier receiving for
granting the mineral exploitation License is made as follows:
a) The organizations and
individuals that propose to be granted the mineral exploitation
License submit the dossier for exploitation proposal to the dossier receiving
organ.
b) In a period not exceeding 02
working days, the dossier receiving organ is responsible for verifying the
documents in the dossier. In case the documents in the dossier are in the right
accordance with regulation prescribed in clause 1, Article 59 of the Mineral
Law and clause 1, Article 31 of this Decree, the dossier receiving organ issues
a written notice of the receiving. In case the dossier for the mineral
exploitation proposal hasnot complete documents as prescribed or has enough but
the content of the documents in the dossier is not in accordance with the
regulation of the law, then the dossier receiving organ makes a guidance in
writing for the organizations and individuals that propose the mineral
exploitation for supplementing and completing dossier. The guidance, request of
supplement and completion of dossier from the dossier receiving organ is made
only one time.
2. Valuating the dossier for
granting the mineral exploitation Lincense
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b) In a period not exceeding 05
days from
the day of completing the tasks as prescribed at point a of this clause, the
dossier receiving organ will send document to ask for opinion to the relevant
organs concerning the grant of the mineral exploitation License in accordance
with the regulation at point c, clause 2, Article 60 of the Mineral Law.
In a period not exceeding
20 days from the
day receiving document asking for the opinion from the dossier receiving organ,
the consulting organ is reponsible for replying in writing the concerned
problems. After the time limit above mentioned without any written response, it
seems to be approved by the consulting organ.
c) n a period not exceeding
35 days, the
dossier receiving organ must complete the evaluation of the documents and other
content relating to the mineral exploitation and specify the charge for
granting the mineral exploitation right
3. The submission for dossier of
granting the mineral exploitation License is made as follows:
a) In
a period not
exceeding 05
working days from the day of completing the tasks as prescribed in clause 2 of
this Article, the dossier receiving organ is responsible for completing and
submitting the licensing dossier to the State organs that
have the competence to grant the License.
b) In
a period not
exceeding 07
working days from the day of receiving the dossier from the dossier receiving
organ, the state organ that has the licensing competence will decide on the
approval or disapproval of granting the mineral exploitation Licence. In case
of disapproval, there must be a written response clearly stating the reason.
4. Notifying and returning the
result of the dossier for
the mineral exploitation Licence
In a period not exceeding 15 days from the
day of receiving the dossier from the licensing competent authority, the dossier
receiving organ will notify the organizations and individuals that propose to
be granted the mineral exploitation Licence in order to receive the result and
carry out the relevant obligations as prescribed.
Article 38.
Order of the licensing procedure for the License of mineral salvage
exploitation
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a) The organizations and
individuals that propose to be granted the License of mineral salvage exploitation
submit the
dossier for exploitation proposal to the dossier receiving organ.
b) In
a period not
exceeding 02
working days,
the dossier receiving organ is responsible for verifying
the documents in the dossier. In case the documents meet the conditions in the
clause 1, Article 70 of the Mineral Law and the clause 1, Article 32 of this
Decree then the dossier receiving organ issues a written notice of the
receiving.
In case the dossier for the
mineral exploitation proposal hasnot complete documents as prescribed or has
enough but the content of the documents in the dossier is not in accordance
with the regulation of the law, the dossier receiving organ makes a guidance in
writing for the organizations and individuals for supplementing and completing
dossier. The issuance of guidance document, request of supplement and
completion of dossier from the dossier receiving organ is made only one time.
2. Evaluation of dossier for
granting the License
of mineral salvage exploitation
a) In
a period not
exceeding 5
working days, from the day there is a written notice of the dossier receiving,
the dossier receiving organ is reponsible for checking the coordinates,
the area
proposed
for mineral
salvage exploitation and on-site verification
b) In
a period not
exceeding 15
days, the dossier receiving organ must complete the evaluation of the documents
and other content relating to the area proposed for mineral salvage
exploitation.
3. The submission for dossier of
granting the License
of mineral salvage exploitation is made as follows:
a) In
a period not
exceeding 2
days from the day of completing the tasks as prescribed in clause 2 of this
Article, the dossier receiving organ is responsible for completing and submitting
the licensing dossier to the licensing competent State
organs.
b) In
a period not
exceeding 05
working days from the day of receiving the dossier from the dossier receiving
organ, the licensing competent state organ will decide on the approval or
disapproval of granting the License of mineral
salvage exploitation.
In case of disapproval, there must be a written response clearly stating the
reason.
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In a period of 03 working days from the day
of receiving the dossier for the mineral salvage exploitation
licensing
from the licensing competent authority to grant license, the dossier
receiving organ will notify the organizations and individuals that propose to
be granted the License
of mineral salvage exploitation in order to receive the result and
carry out the relevant obligations as prescribed.
Article 39.
Order of the procedure for renewal, transer, returning one part of the area,
returning the mineral exploration License, the mineral exploitation Lincense;
renewal and returning the License of mineral salvage exploitation
1. The receiving of dossier is
made as follows:
a) The organizations and
individuals proposing the renewal, transfer, returning one part of the area,
returning the mineral exploration License, the mineral exploitation License;
renewal, returning of the License of
mineral salvage exploitation shall submit the dossier to the dossier
receiving organ.
b) In
a period not
exceeding 02
working days,
the dossier receiving organ is responsible for verifying
the documents in the dossier. In case the documents are in accordance with the
regulation then the dossier receiving organ issues a document of the receiving.
In case the dossier hasnot
complete documents as prescribed or has enough but the content of the documents
in the dossier is not in accordance with the regulation of the law, the dossier
receiving organ makes guidance in writing for the organizations and individuals
to supplement and complete the dossier. The guidance, request of supplement and
completion of dossier from the dossier receiving organ is made only one time.
2. The evaluation of the dossier
is made as follows:
a) In a period not exceeding 05
working days, from the day there is a written notice of the dossier
receiving, the dossier receiving organ is reponsible for checking
the coordinates,
the area
proposed
for the
renewal, transfer, returning one part of the area, returning the mineral
exploration License, the mineral exploitation License; not execeeding 03 days
for the case of renewal; returning of the License of mineral salvage exploitation
including on-site
verification.
b) In a period not exceeding 30
working days, the
dossier receiving organ must complete the evaluation of the documents and other
content relating to the renewal, transfer, returning one part of
the area, returning the mineral exploration License, returning the mineral
exploitation License; not execeeding 05 working days for the case of renewal;
returning of the License of
mineral salvage exploitation.
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a) In
a period not
exceeding 2
working days from the day of completing the tasks as prescribed in clause 2 of
this Article, the dossier receiving organ is responsible for completing and
submitting the dossier to the licensing competent State
organs.
b) In
a period not
exceeding 5
working days from the day of receiving the dossier from the dossier receiving organ,
the licensing competent state organ will decide on the approval or disapproval
of the renewal, transfer, returning one part of the area,
returning the mineral exploration License, returning the mineral exploitation
License; not execeeding 03 working days for the case of renewal, returning of
the License of
mineral salvage exploitation. In case of disapproval, there must be a response in
writing clearly stating the reason.
4. Returning the result of
dossier settlement
In a period not exceeding
3 working days
from the day of receiving the dossier from the licensing competent state organ,
the dossier receiving organ will notify the organizations and individuals that
propose the renewal, transfer, returning one part of the
area, returning the mineral exploration License, returning the mineral
exploitation License; not execeeding 02 working days for the case of renewal,
returning of the License of
mineral salvage exploitation.
Article 40.
Order of implementing the procedure for the approval of the mineral reserves
1. Receiving the dossier for the
approval of the mineral reserves:
a) The organizations and
individuals submit the dossier for the mineral reserves the approval directly
at the head office of the receiving organ as prescribed in clause 2 and 3, Article
27 of this Decree.
b) In
a period not
exceeding 02
working days,
the dossier receiving organ is responsible for verifying
the dossier. In case the documents meet the conditions in the clause 1, Article
50 of the Mineral Law and article 30 of this Decree then the dossier receiving
organ will notify the organizations and individuals proposing the approval of
the reserves to make the charge payment for evaluation of the mineral reserves
as prescribed. The dossier receiving organ issues a document of the dossier
receiving right after the organizations and individuals complete their
obligations of payment of the charge for evalution and approval of the mineral
reserves.
In case the dossier hasnot
complete documents as prescribed or has enough but the content of the documents
in the dossier is not in accordance with the regulation of the law, the dossier
receiving organ makes guidance in writing for the organizations and individuals
to supplement and complete the dossier. The guidance and request of supplement
and completion of dossier from the dossier receiving organ is made only one
time.
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a) In
a period not
exceeding 30
days, from the day there is a written notice of the dossier receiving, the
dossier receiving organ is reponsible for checking all
dossiers, documents and reports; on-site verification at the mineral
exploration area, sample
of drill core, ditch, well in necessary case.
b) In a period not exceeding 60 days from
the day of completing work specified at point a of this clause, the dossier
receiving organ will send the report of exploration result to the experts of
specialised fields to get their opinions on the relevant content in the report
of mineral exploration. The time for response from the experts will not exceed
20 days from the time receiving the proposal from the dossier receiving organ.
c) In a period not exceeding 30 days from
the day of completing work specified at point b of this clause, the dossier
receiving organ is reponsible for generalizing the experts’ opinions and
preparing dossier and documents to present the National Council for Evaluation
of Mineral Reserves or the provincial People’s Committee for
consideration and decision.
In case the report does not meet
requirement to submit to the National Council for Evaluation of Mineral Reserves or the
provincial People’s Committee, the dossier receiving organ will give written
notice clearly stating the reason for the organizations and individuals
proposing the approval of the mineral reserves to supplement and perfecting the
report attached to the written comment opinion from the experts.
The time for the organizations
and individuals to perfect the report of mineral reserves is not included in
the time of report evaluation.
3. The evaluation of the report
of mineral exploration result and approval of the mineral reserves in the
exploration report is made as follows:
a) In a period not exceeding 30 days from the
day of completing the work content as prescribed at the point c, clause 2 of
this Article, the Chairman of the National Council for Evaluation of Mineral Reserves will
organize the Council meeting; the provincial People’s Committee will decide to
establish the technical consulting Council or not as prescribed in clause 2,
Article 21 of this Decree.
b) In a period not exceeding 5 working days
after the end of the meeting of the National Council for Evaluation of Mineral Reserves, the technical
consulting Council, the dossier receiving organ must complete the minutes of
the Council meeting. In case of supplementing and adjusting for perfecting the
report of the mineral exploration based on the opinion of the National Council for Evaluation
of Mineral Reserves, the technical consulting Council, the provincial
People’s Committee, the dossier receiving organ will send written notice
clearly stating the content that needs supplementing and perfecting enclosed
with the minutes of the Council meeting.
The time for organization, the
individuals proposing the approval of additional reserves, perfecting the
report of mineral exploration isnot included in the time for report evaluation
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d) In the period not exceeding 5
working days, from the day of receiving dossier for approval of the mineral
reserves from the dossier receiving organ, the competent authority that
approves the mineral reserves promulgates the decision on the approval of the
mineral reserves in the report of the mineral exploration.
4. Returning the result of the
mineral reserves approval
In a period of 5 working days
from the day of receiving the dossier from the comptent authority to approve
the mineral reserves, the dossier receiving organ will notify the organizations
and individuals that propose the approval of reserves to come and receive the
result and carry out the other relevant obligations
Article 41.
Responsibility of the provincial People’s Committee in the coordination to
evaluate and license the mineral activities
1. In case areas banned from
mineral activities, areas temporarily banned from mineral activities are not
approved as prescribed, before licensing the mineral activities under the competence,
the Ministry of Natural Resources and Environment only get opinions in writing
from the provincial People’s Committee where the minerals exist, about the area
estimated for licensing the mineral activities relating or not relating to the
areas banned from mineral activities, the areas banned temporarily from mineral
activities.
2. At latest within 20 days from the day
of receiving the written comments as prescribed
in
clause
1
of
this Article, the provincial People's
Committee will respond in writing to the Ministry of Natural
Resources and Environment.
Chapter 5.
MINERAL FINANCE
Article 42.
Charge for licensing the mineral exploitation right
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Article 43.
Fund for basic geological surveys of mineral
1. The fun for basic geological
surveys of mineral is implemented as prescribed in clause 1, Article 21 of the
Mineral Law and is added from the amount from the cost reimbursing of basic
geological survey of mineral, cost of mineral exploration, charge for licensing
the mineral exploitation right
2. The Ministry of Finance will
preside over and coordinate with the Ministry of Natural
Resources and Environment to
stipulate the funding supplement for the task of geological baseline
surveys of mineral as
prescribed in clause 1 of this Article.
Chapter 6.
PROVISION OF EXECUTION
Article 44.
Transitional provision
1. For the dossiers that propose
the approval for licensing the mineral activities, being legally qualified and
received by the competent authority before 01 July 2011 as prescribed then they
are settled down in the principle the organizations and individuals that are
allowed for mineral activities must carry out the obligations as prescribed by
the Mineral Law. The governmental Prime Minister has stipulated in detail on
the transitional conditions and time.
2. Planning for the geological
baseline surveys of mineral; planning for exploration, exploitation, processing
and use of mineral approved as prescribed before the effect day of the Mineral
Law are carried out until the planning for mineral as prescribed in the clause
1, Article 8 and Article 9 of this Decree is approved and announced by the
competent authority as prescribed.
Article 45.
Effect of execution
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Decree No. 160/2005/ND-CP dated
27 December, 2005 by the Government stipulating in detail and guiding the
execution of the Mineral Law (year 1996) and of the Law amending and
supplementing some articles of the Mineral Law (year 2005) and the Decree No.
07/2009/ND-CP dated 23 January 2009 by the Government amending and
supplementing some articles of the Decree No. 160/2005/ND-CP dated 27 December,
2005 by the Government stipulating in detail and guiding the execution of the
Mineral Law and the Law amending and supplementing some articles of the Mineral
Law that has expired since 01 July 2011.
Article 46.
Responsibility for Execution
1. The Ministry of Natural
Resources and Environment is liable to preside
over and coordinate with the relevant Ministries and departments to guide the
execution of this Decree.
2. The Ministers, Heads
of ministerial-level
organs,
Heads of
governmental organs, Chairmans of provincial People's
Committee and other
relevant organizations and individuals are liable to
execute this Decree. /.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
APPENDIX
SCALE OF RESOURCES, RESERVES OF SMALL SCALE AND
DISPERSED MINERAL BY GROUP/CATEGORY OF MINERAL
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No.
Group
of mineral
Mineral
type
Unit
Total
reserves and estimated resources
1
Fuel
Brown coal
Thousand ton
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2
Coal, anthracite
Thousand ton
≤
500
3
Iron
and iron alloy
Iron ore
Thousand ton of ore
≤
200
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Mangano ore
Thousand ton of ore
≤
200
5
Cromite ore
Thousand ton Cr2O3
≤
40
6
Molybdenite
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≤
100
7
Wolfram
Metal Ton
≤
50
8
Nickel
Metal Ton
≤
500
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General
metal
Bismuth
Metal Ton
≤
10
10
Antimonate
Thousand Ton of Metal
≤
0.2
11
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...
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Thousand Ton of Metal
≤
5
12
Lead + Zinc
Thousand Metal Ton
≤
5
13
Tin
Thousand Ton of Metal
...
...
...
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
14
Light
metal
Laterite bauxite
Thousand Ton of fine ore
≤
10,000
15
Deposit Bauxite
Thousand Ton of ore
≤
500
...
...
...
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Titan in original ore
Thousand Ton of TiO2
≤
50
17
Titan in placer
Thousand Ton
≤
20
18
Rare
and precious metal
...
...
...
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Ton
≤
0.5
19
Placer gold
Ton
≤
0.01
20
Industrial
minerals
Apatite
...
...
...
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
≤
1,000
21
Barite
Thousand Ton
≤
5
22
Fluorite
Thousand Ton
≤
3
...
...
...
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Phosphorite
Thousand Ton
≤
50
24
Serpentine
Thousand Ton
≤
1
25
Fire-resistant argil
...
...
...
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
≤
50
26
Dolomite
Thousand Ton
≤
100
27
Felspath material
Thousand Ton
≤
50
...
...
...
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Quartzite
Thousand Ton
≤
100
29
Magnesite
Thousand Ton
≤
100
30
Kaolin clay
...
...
...
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
≤
50
31
Glass sand
Thousand Ton
≤
100
32
Diatomite
Thousand Ton
≤
50
...
...
...
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Graphite
Thousand Ton
≤
10
34
Talc
Thousand Ton
≤
5
35
White marble
...
...
...
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
≤
500
36
Muscovite
Thousand Ton
≤
1
37
Crystal quartz
Thousand Ton
≤
2
...
...
...
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Bentonite
Thousand Ton
≤
10
39
Cement clay
Thousand Ton
≤
5,000
40
Puzzolan
...
...
...
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
≤
1
41
Cement limestone
Million ton
≤
20
42
Constructional marble
Thousand m3
≤
1,500
...
...
...
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Granite stone, marble
Thousand m3
≤
500