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NATIONAL
ASSEMBLY OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Law No.
54/2024/QH15
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Hanoi, November
29, 2024
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LAW
GEOLOGY
AND MINERALS
Pursuant to Constitution of the Socialist Republic
of Vietnam;
The National Assembly promulgates the Law on
Geology and Minerals.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Law prescribes geological reconnaissance,
geological survey for minerals; protection of unextracted geological resources
and minerals; mining-related activities; mineral recovery; mineral processing;
finance related to geology, mining and auction of mineral production right;
governance relating to geology and minerals on land, islands, internal waters,
contiguous zones, exclusive economic zones, and continental shelves of the
Socialist Republic of Vietnam.
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a) Petroleum; natural water that is not natural
mineral water, geothermal spring;
b) Mineral processing operations that are not tied
to mineral exploration and investment projects to benefit from mining license
or mineral salvaging license.
Article 2. Definitions
In this Law, the terms below are construed as
follows:
1. Geology means materials constituting the Earth’s
crust and natural processes throughout the Earth’s evolution, natural terrain,
scenery, geological phenomena, and environment created as a result of said
natural processes.
2. Geological resources mean materials
formed via geological processes, existing inside or on the Earth’s crust, and
available for human exploration and use, including: minerals, sites of
geological interest (geosites), geological heritage, geothermal energy,
strategic resources, geological reservoirs, and underground space.
3. Geothermal energy means heat energy
created and stored in geological features, geological structures and available
for exploration use.
4. Strategic resources mean geological
resources whose geographic location yields strategic economic, national defense,
security, or environment benefits.
5. Geological reservoir means a geological
feature formed in the Earth’s crust capable of storing and retrieving
materials.
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7. Geological heritage means a combination
of geosites recognized and ranked.
8. Geopark means an area with defined
perimeter containing culturally, ecologically, and archaeologically unique
geological heritages; having adequate coverage area to accommodate management,
preservation, education, research, sustainable socio-economic development, and
environmental protection.
9. Geological accident means an irregular
natural phenomenon that may cause damage to the environment, humans, property,
living conditions, and socio-economic activities, including: earthquake,
volcanic activities, faults, landslide, depression, fissures, riverbank
erosion, pollution from minerals, toxic elements of a natural origin.
10. Subsurface space means underground
location of geological features defined by national coordinate system, area,
and depth on the basis of geological reconnaissance.
11. Geological reconnaissance means
fundamental study and survey of structure, material composition, growth and
development history of the Earth’s crust, geological conditions, geological
processes, mineralogy rules in order to evaluate potential geological
resources, effect of geological processes on socio-economic aspects and human
and facilitate protection, management of geological resources.
12. Geological survey means identification
of size, quantity, quality of individual mineral, mineral group based on
potential geological structure identified via geological reconnaissance in
order to facilitate mineral exploration.
13. Minerals mean useful deposits in solid,
liquid, gaseous form naturally occurring underground and aboveground, including
deposits in waste dump of mines.
14. Raw mineral means minerals produced and
unprocessed.
15. Byproduct minerals mean minerals
produced during the extraction of primary minerals and economically viable.
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17. Radioactive minerals mean natural
deposits of uranium, thorium, and relevant radioisotopes.
18. Toxic minerals mean minerals containing
either radioactive elements, mercury, arsenic, lead, or asbestos which emit
radioactive or toxic substances at a quantity exceeding Vietnam’s technical
regulations during production, use, or storage.
19. Geothermal spring means natural
groundwater with exposed section with temperature measured at source compliant
with Vietnam’s technical standards, technical regulations or foreign standards
applicable in Vietnam.
20. Natural mineral water means natural
groundwater with exposed section with composition, characteristics, and
biologically active substances compliant with Vietnam’s technical standards,
technical regulations or foreign standards applicable in Vietnam
21. Mining operations consist of mineral
exploration, mineral production, and mine closure.
22. Mineral exploration means an operation
for identifying quantity and quality of minerals, other information for mining
purposes.
23. Mineral production means operation for
removing minerals from their natural location, including: fundamental construction
of mines, site preparation, pumping, filtration, segregation, classification,
enrichment, and other relevant operations in mining investment projects or
mining solutions. Products of mining operations are raw minerals.
24. Mineral processing means operation for
preparing, processing extracted minerals within mining investment projects in
order to improve the value of extracted raw minerals.
25. Mine closure means operation
transforming mining investment project site, partially or entirely, to a safe
state compliant with environmental protection requirements in order to maximize
post-mining land use goals.
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27. Mineral production licensing fee means a
fee paid to the Government by mining organizations and individuals in order to
exercise the right to produce and retrieve minerals.
28. Production capacity means maximum mining
capacity or maximum flow of natural mineral water, geothermal spring available
for production in a predetermined period of time based on mining investment
projects or mining solutions and specified under mining license, mineral
salvaging license, and written approval of competent authorities.
29. Mineral resource means minerals
identified via geological survey, mineral exploration and of a minimum quantity
for partial or total production and use at the current time or in the future.
Depending on geological study progress, feasibility study progress, and
economic effectiveness, mineral resources are categorized into reserve levels
with varying resource and reliability levels.
30. Mineral reserve means minerals that have
been explored and expected to be mined under specific economic and technical
conditions, and deemed economically viable at the time of evaluation.
Article 3. Policies of the
Government on geology and minerals
1. The Government shall develop strategies,
planning, plans pertaining to geology and minerals to ensure that geological
and mineral resources are protected, produced, and used in a reasonable,
economic, and effective manner so as to serve sustainable socio-economic
development, national defense and security of Vietnam; promote adoption of
circular economy and green economy in mining and mineral processing.
2. The Government shall invest in and commence
geological reconnaissance, geological survey for minerals according to
geological and mineral reconnaissance strategies, planning, and plans; provide
training, human resource development, scientific research, technology
development application in geological reconnaissance, mineral survey; encourage
organizations and individuals to invest in geological reconnaissance and
mineral survey.
3. The Government shall invest in and commence
exploration of strategic, important minerals and other highly valuable minerals
with high demand; decide against auctioning of mineral production rights in
respect of areas with strategic, important minerals; permit exploration and
production of strategic, important minerals in accordance with
intergovernmental agreements.
4. The Government shall prioritize budget
allocation, develop policies to attract investment in geological
reconnaissance, mineral survey, and inspect, evaluate strategy, important
minerals as per planning.
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6. Geology and mineral data shall be developed in a
synchronous manner, under centralized management, and put into effective use.
7. The Government encourages international
cooperation and aid in governance and human resource training in geology and
mineral; shares and uses geology and mineral data; invests in mineral survey
and mineral production; encourages organizations and individuals to invest in
research, transfer, application of advanced science and technology in
management, protection, exploration, production, and recovery of minerals.
8. The Government shall ensure harmony in benefits
of the Government, organizations, individuals, and locals where geological sources,
minerals are produced and used on the basis of regulating revenues generated by
geological resource and mineral production and use.
Article 4. Principles in
geological reconnaissance, mineral survey, and mining operations
1. Geological reconnaissance and mineral survey
must meet the following principles:
a) Compliance with strategies, plans, and planning
pertaining to geological reconnaissance and mineral survey is guaranteed;
b) Compliance with schemes, projects, and tasks
approved by competent state authorities is respected;
c) Inspections are carried out in a comprehensive
and continuous manner without repetition;
d) Technical solutions for geological
reconnaissance and mineral survey must be appropriate to geological subjects,
geological resources; proposed goals and tasks; and compliant with technical
standards and technical regulations;
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2. Mining operations must meet the following
principles:
a) Compliance with relevant strategies, planning
pertaining to mining operations is respected, except for Point c Clause 2
Article 67 and Point c Clause 2 Article 73 hereof; requirements pertaining to
environmental, natural scenery, historical - cultural heritage, and natural
resource protection are adequately adhered to; national defense and security,
social order and security, natural disaster and preparedness and prevention are
guaranteed;
b) Such operations are licensed or approved in
writing by competent authorities in accordance with this Law;
c) Mineral exploration shall be so conducted to
adequately evaluate the size of natural resources, reserve, quality of minerals
according to exploration schemes;
d) Mineral production must prioritize
socio-economic effectiveness and environmental protection as the basis for
investment decision; adopt advanced production technology appropriate to the
size and characteristics of each mine and type of mineral to maximize amount of
minerals produced;
dd) Organizations and individuals currently
conducting legitimate mineral exploration are prioritized for deep exploration
and expansion without having to participate in auction for mineral production
right in order to achieve adequate evaluation and total control of ore body in
respect of mineral type that they have been licensed for production;
e) Benefits and risks of relevant parties are
distributed reasonably.
3. The Government shall prescribe eligibility of
areas for deep exploration and expansion under Point d Clause 2 of this
Article.
Article 5. Principles of
international integration and cooperation regarding geology and mineral
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2. International disputes pertaining to geology and
minerals shall be resolved via peaceful measures compliant with international practices,
international laws, and regulations of the law of relevant parties.
Article 6. Mineral
classification
1. Depending on usage and management, minerals are
classified into:
a) Group I minerals consist of: metal minerals;
energy minerals, precious stones, semi-precious stones; industrial minerals;
b) Group II minerals consist of: minerals used as
materials in construction sector for cement production, tiles, sanitary
ceramic, construction glasses, stone slabs, ornamental stones, industrial lime,
refractory materials;
c) Group III minerals consist of: minerals used as
conventional construction materials, other than cases detailed under Point b
and Point d of this Clause; peat, mineral mud, natural mineral water,
geothermal spring;
d) Group IV minerals consist of: minerals only
appropriate for use as filling materials or structures foundation, construction
materials of hydroelectricity structures, natural disaster preparedness and
prevention, including: clay, hillside soil, soil in other name; soil mixed with
rock, sand, gravel, gravel; sand (other than sand and gravel on river bed, lake
bed, and sea waters).
2. The Government shall elaborate lists of minerals
classified by groups and further classify minerals of multiple uses into
sub-groups.
Article 7. Protection of
unextracted, unused geological resources and unextracted minerals
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2. Agencies, organizations, residential community,
households and individuals are responsible for protection of unextracted,
unused geological resources and unextracted minerals in accordance with this
Law.
3. Organizations and individuals engaging in mining
operations have the responsibility to:
a) evaluate, consolidate, and report all
information, data pertaining to the type of minerals discovered in exploration
site to competent authorities issuing the license (hereinafter referred to as
“licensing authorities”) during mineral exploration;
b) prioritize advanced technology appropriate to
the size and characteristics of each mine, type of mineral in order to maximize
minerals recovered; immediately report minerals for which they have not been
licensed for mining to licensing authorities;
c) manage and protect extracted and unused
minerals, byproduct minerals produced in the process;
d) request People’s Committees of provinces
(hereinafter referred to as “Provincial People’s Committees”) to assist in
mineral protection in respect of mining sites licensed for operation while land
lease or handover or site preparation has not been conducted.
4. Land users, organizations, and individuals
assigned to manage sea waters are responsible for protecting unextracted
minerals in the area; must not commence mineral production and recovery at
their discretion.
5. Organizations and individuals shall, upon
discovering group I or group II or group III minerals during performance of
investment projects or other activities, immediately reporting to competent
authorities under Article 108 hereof and protect the discovered minerals;
whether or not the minerals are recovered shall conform to Article 75 and
Article 76 hereof.
6. Geology and mineral authorities are responsible
for transferring list of areas with geological resources and minerals that
require protection and have undergone or are undergoing geological
reconnaissance or mineral survey to provincial People’s Committees.
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Article 8. Rights and
responsibilities of local governments, residential communities, households, and
individuals at locations of extracted geological resources and minerals
1. Local governments, residential communities,
households, and individuals have the following benefits:
a) Receive assistance via the Government’s
regulating revenues generated by mineral production for socio-economic
development in accordance with state budget laws;
b) Contribute recommendations pertaining to
occupational safety, order and security, environmental and natural scenery
protection measures;
c) Prioritize local workforce for mineral
production and relevant services;
d) Request geological and mineral authorities to
provide email address, phone number, or address for filing complaints,
receiving feedback and recommendations in protection of geological resources
and minerals, and sending propositions regarding development of geology and
mineral laws;
dd) Enable People’s Councils of provinces to decide
the promulgation of regulations pertaining to responsibility of organizations
and individuals to contribute funding for upgrade, maintenance, and
construction of technical infrastructures and environmental protection
structures in the area depending on local mining operations.
2. Local governments, residential communities,
households, and individuals have the responsibility to:
a) enable geological reconnaissance, mineral
survey, and mining operations as per the law;
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c) promptly request competent authorities to take
actions against violations of organizations, individuals licensed to conduct
geological exploration, mineral production.
3. The Government shall elaborate Point dd Clause 1
of this Article.
Article 9. Prohibited actions
1. Taking advantage of geological reconnaissance,
mineral survey, or mining operations to violate benefits of the Government,
legitimate rights and benefits of organizations, individuals, and residential
communities.
2. Taking advantage of geological reconnaissance,
mineral survey, or mineral exploration to conduct geological resource or
mineral production.
3. Conducting geological reconnaissance, mineral
survey, or mining operations without obtaining approval, license, or written
approval from competent authorities.
4. Unlawfully obstructing geological
reconnaissance, mineral survey, or mining operations.
5. Intentionally damaging or destroying valuable,
rare geological or mineral specimens.
6. Trading minerals without legitimate origin.
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GEOLOGY AND MINERAL
STRATEGIES, PLANNING
Article 10. Geology, mineral,
and mining industry strategies
1. Preparation of geology, mineral, and mining
industry strategies must:
a) Conform to natural and socio-economic
conditions; socio-economic development strategy; national protection strategy;
national environmental protection strategy; international market demand;
b) Ensure synchronous cooperation between
geological reconnaissance and mineral survey operations on a nationwide scale;
produce and use geological resources and minerals reasonably, economically, and
efficiently;
c) Satisfy geology and mineral demands for
sustainable socio-economic development;
d) Record results of geological reconnaissance and
mineral survey; prelude and geological signs related to geological resources
and minerals;
dd) Conform to resources of the Government from
time to time.
2. Geology, mineral, and mining industry strategies
must include:
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b) Orientation of geological reconnaissance,
mineral survey, and scientific research in geological reconnaissance, mineral
survey from time to time; cooperation and integration of geological
reconnaissance, mineral survey operations of ministries, central departments,
and local governments;
c) Orientation of efficient, effective geological
resource and mineral production, use associated with protection of unextracted
geological resources and minerals;
d) Orientation of mineral exploration and
production for individual mineral group, reasonable and efficient use of
produced minerals during strategy period;
dd) Primary tasks and solutions in geological
reconnaissance and mineral survey; mineral and geological resource production
and use; protection of unextracted, unused minerals and geological resources;
exploration and production of individual mineral groups, reasonable and
efficient processing, use of produced minerals; national mineral reservation.
3. Geology, mineral, and mining industry strategies
shall be prepared for 10-year periods with 30-year orientation in accordance
with socio-economic development strategy period.
4. The Ministry of Natural Resources and
Environment shall take charge and cooperate with Ministry of Industry and Trade
Ministry of Construction, Ministry of Planning and Investment, ministries,
ministerial agencies, and local governments in preparing and submitting
geology, mineral, and mining industry strategies to Prime Minister for
approval.
Article 11. Geological
reconnaissance and mineral survey planning
1. Geological reconnaissance and mineral survey
planning is a national industry planning and must provide adequate information
and data on geology, minerals, and other geological resources for socio-economic
development; satisfy national defense and security requirements; prevent
geological accidents; adapt to climate change and rising sea level.
2. Basis for preparing geological reconnaissance
and mineral survey planning consists of basis of planning laws and:
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b) Demand for information and data pertaining to
geological resources, minerals, and other geological conditions;
c) Geological precursors and signs pertaining to
recently discovered geological resources and minerals.
3. Preparation, appraisal, approval, disclosure,
and implementation of geological reconnaissance and mineral survey planning
shall conform to planning laws.
Article 12. Group I mineral
planning, group II mineral planning, geology and mineral management solutions
1. Group I mineral planning and group II mineral
planning are national industry planning.
2. Geological and mineral management solutions are
parts of environmental protection, resource and biodiversity production, use,
protection, natural disaster preparedness and prevention, and climate change
adaptation solutions and integrated with provincial planning.
3. Group I mineral planning, group II mineral
planning, geological and mineral management solutions must minimize division of
areas where minerals can be produced effectively in large scale into smaller
areas.
4. Preparation, appraisal, approval, revision,
adjustment under simplified procedures, declaration, and implementation of
group I mineral planning and group II mineral planning must conform to planning
laws.
5. The Government shall elaborate Clause 2 of this
Article; assign agencies and organizations to prepare and submit mineral
reconnaissance, mineral survey planning, group I mineral planning, group II
mineral planning.
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1. Basis of group I mineral planning and group II
mineral planning consist of the basis of planning laws and:
a) Mineral demand of economic sectors;
b) Mineral survey results;
c) Science and technology advancement in mineral
exploration and production or new discoveries of deep-seated minerals during
mineral exploration and production;
d) Implementation results of the previous planning;
strategic environmental evaluation results according to environmental
protection laws.
2. Contents of group I mineral planning and group
II mineral plannings shall conform to planning laws.
Chapter III
GEOLOGICAL
RECONNAISSANCE
Article 14. Details and
Government’s responsibilities in geological reconnaissance
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a) Conducting inspection, determining distribution
rules, estimating geologically potential structures in order to produce
national geology maps of up to 1:50.000 scale, including maps of: geology;
geophysics field; geochemistry; geomorphology; crust; geological accidents;
geological heritage; geo-environment; geo-hydrograph; geotechnical engineering;
urban geology;
b) Conducting inspection and producing
field-specific maps of exceeding 1:50.000 scale depending on required fields of
expertise and management demands;
c) Conducting inspection, zoning, and mapping
geosites, geological heritage, strategic resources; conducting inspection of
geo-environment and geological accidents; conducting inspection of
geo-engineering and urban geology; conducting inspection of other geological conditions.
2. In respect of geological reconnaissance, the
Government has the responsibility to:
a) ensure compliance of geological reconnaissance
with approved planning;
b) guarantee funding for geological reconnaissance in
annual state budget estimates;
c) assign the Ministry of Natural Resources and
Environment to organize geological reconnaissance;
d) assign provincial People's Committees to conduct
geological reconnaissance in accordance with schemes, projects, or tasks
approved by competent authority.
3. The Minister of Natural Resources and
Environment shall elaborate Clause 1 of this Article; regulate the preparation,
appraisal, and approval of schemes, projects, tasks, reporting, and declaration
of geological reconnaissance results.
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1. Inspection of geosties and geological heritage
includes:
a) Inspecting and evaluating scientific,
educational value of geosites and geological heritage; especially location,
distribution, geographic, geologic characteristics, geology diversity, and
meaning of geological science, education;
b) Inspecting and evaluating aesthetic value of
geosites and geological heritage;
c) Inspecting and evaluating economic value,
potential for production and use of geosites and geological heritage;
d) Determining level of influence and reservation
demand of geosites and geological heritage.
2. Inspection of strategic resources includes:
a) Inspecting and zoning areas with potential
strategic resources on the basis of geological reconnaissance results;
b) Evaluating position, geologic characteristics,
geologic conditions, formation history, potential value and benefits yielded by
production of zoned geologic resources; orientation for management, protection,
production, and use.
3. Zoning and mapping of areas with geosites,
geological heritage, strategic resources shall conform to inspection results of
geosites, geological resources, and strategic resources.
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1. Inspection of geo-environment includes:
a) Inspecting geology, geochemistry, and geophysics
characteristics of geological features; geological processes related to natural
environment;
b) Identifying natural and artificial factors
causing irregularities, irregularity spread affecting natural environment;
c) Mapping conditions and zoning of
geo-environment;
d) Developing geo-environment database.
2. Inspection of geological accidents includes:
a) Geological, geo-engineering characteristics of
geological features; relevant geological processes; symptoms and signs of
geological accidents;
b) Natural, socio-economic factors affecting
geological accidents;
c) Mapping of conditions, zoning of geological
accident warning;
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3. In the process of geo-environment and geological
accident inspection, monitoring and warning pertaining to geo-environment and
geological accidents must be implemented.
Article 17. Inspection of
geotechnical engineering, urban geology
1. Inspection of geotechnical engineering includes:
a) Inspecting, evaluating, identifying structure of
geology, topography, geomorphology, geo-hydrograph, processes and phenomena of
dynamic geology, physical properties of soil, rocks;
b) Identifying correlation and rules regarding
displacement between geological features, topography, geomorphology, geo-hydrograph,
processes and phenomena of dynamic geology, physical properties of soil, rocks;
c) Evaluating effect of geological conditions on
infrastructures and socio-economic development;
d) Mapping geotechnical engineering zoning at
appropriate scale while depicting geotechnical engineering region, area, and
site;
dd) Developing geotechnical engineering database.
2. Inspection of urban geology includes:
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b) Determining information pertaining to urban
planning, geological resources in inspection area; evaluating pressure and
interaction between people in urban geology environment;
c) Mapping urban geology space;
d) Developing urban geology database.
Article 18. Inspection of
other geological conditions
1. Inspection of other geological conditions
includes: mapping geology space, mapping subsurface space; inspection of
geothermal resources according to Clauses 2, 3, and 4 of this Article.
2. Mapping geology space means to create
3-dimensional digital maps depicting entities, geological phenomena with
adequate properties regarding composition, physical, chemical, mechanical
characteristics and correlation between these geological entities, phenomena
appropriate to inspection composition and the following provisions:
a) Collecting, consolidating, analyzing, and
evaluating information, data pertaining to geology, geological resources,
investigating missing data; simulating actual geological features; mapping
geology space;
b) Updating geology space map on an annual or
irregular basis. Irregular update shall be required in case of sudden changes
to geological features caused by natural or artificial reasons.
3. Mapping subsurface space means to create
3-dimensional digital maps on top of geology space maps depicting subsurface
spaces and:
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b) Mapping distribution of deposit structures;
evaluating geological characteristics, conditions, and deposit capability of
geological structures to identify structures beneficial for use as storage
units of substances without containers, waste landfills, carbon dioxide (CO2)
capture, groundwater recharge, geothermal energy storage, among other uses.
4. Inspection of geothermal resources includes:
a) Inspecting, zoning, mapping areas with potential
geothermal energy on the basis of geological reconnaissance results;
b) Evaluating geological characteristics,
conditions, sources and recovery capacity of geothermal energy in zoned areas
with geothermal energy potential; guiding management, protection, production ,
and use.
Article 19. Rights and
obligations of organizations conducting geological reconnaissance
1. Organizations conducting geological
reconnaissance have the right to:
a) conduct geological reconnaissance in accordance
with schemes, projects, and tasks approved by geology authorities;
b) transfer specimens in adequate quantity and type
depending on analysis and test demands under approved schemes, projects, and
tasks out of geological reconnaissance sites, even to foreign countries;
c) exercise other rights related to geological
reconnaissance as per the law.
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a) apply for geological reconnaissance to competent
geology authorities in accordance with Article 23 hereof;
b) adhere to approved schemes, projects, tasks,
technical standards, technical regulations, norms, and unit price in geological
reconnaissance;
c) maintain honesty and adequacy in collection and
consolidation of geology documents, data, and information; protect geological
reconnaissance information in accordance with state secret protection laws;
d) protect the environment, geological resources, and
minerals during geological reconnaissance;
dd) request competent geology authorities to
approve geological reconnaissance reports;
e) submit geological reconnaissance, geological
specimen survey, mineral survey reports in accordance with this Law and storage
laws;
g) exercise other obligations pertaining to
geological reconnaissance as per the law.
Chapter IV
MINERAL SURVEY
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1. Mineral survey includes:
a) Inspecting geological features with potential
mineral benefits on the basis of geological reconnaissance; zoning potential
area for mineral evaluation;
b) Evaluating mineral potentials in order to
identify sizes of mineral resources in evaluation area; zoning areas with mineral
potentials.
2. In terms of mineral survey, the Government has
the responsibility to:
a) ensure that mineral survey is conducted in
accordance with approved planning;
b) allocate funding for mineral survey in annual
state budget estimates; funding for organizations and individuals participating
in mineral survey in accordance with Point b Clause 1 Article 22 hereof;
c) approve schemes for mineral survey submitted by
the Ministry of Natural Resources and Environment to encourage organizations
and individuals to participate in survey;
d) enable the Ministry of Natural Resources and
Environment to conduct mineral survey;
dd) enable provincial People’s Committees to
evaluate potentials of group III minerals and group IV minerals.
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Article 21. Rights and
obligations of organizations conducting mineral survey
1. Organizations conducting mineral survey have the
right to:
a) carry out survey in accordance with schemes,
projects, and tasks approved by competent geology authorities;
b) transfer specimens in adequate quantity and type
depending on analysis and test demands under approved schemes, projects, and
tasks out of mineral survey sites, even to foreign countries.
2. Organizations conducting mineral survey have the
obligation to:
a) apply for mineral survey to competent geology
authorities in accordance with Article 23 hereof;
b) adhere to approved schemes, projects, tasks,
technical standards, technical regulations, norms, and unit price in mineral
survey;
c) maintain honesty and adequacy in collection and
consolidation of geology documents, data, and information; protect geological
reconnaissance information in accordance with state secret protection laws;
d) protect the environment, geological resources,
minerals during mineral survey;
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e) submit mineral survey, geological specimen
survey, mineral specimen survey reports in accordance with this Law and storage
laws.
Article 22. Regulations
pertaining to mineral survey of organizations and individuals
1. Principles pertaining to mineral survey:
a) Mineral survey schemes must be included in
geological reconnaissance and mineral survey planning and approved by the Prime
Minister for execution via joined inspection;
b) Organizations and individuals may participate in
mineral survey that is listed under schemes mentioned in Point c Clause 2
Article 20 hereof and shall secure funding for the entirety of each scheme;
provide documentation of their financial capability;
c) Selection of organizations and individuals for
participation in mineral survey shall be conducted on a competitive,
transparent, and public manner;
d) Participation in mineral survey shall be
depicted under contracts between organizations, individuals and competent
geology authorities.
2. Organizations and individuals participating in
mineral survey have the right to:
a) inspect, supervise implementation, and conduct
commissioning of scheme implementation reports;
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c) be prioritized for mineral exploration license
without having to auction mineral production right where areas under Point b of
this Clause are included in group I mineral planning or group II mineral
planning for 24 months from the date on which the areas under Point b of this
Clause are exempted from mineral production right auction;
d) have access to information, data pertaining to
mineral survey in relevant areas to document mineral survey;
dd) waive all investment expenditure if they are
ineligible for mineral exploration license in selected areas in accordance with
this Law or no longer wish to continue mineral exploration.
3. Organizations and individuals participating in
mineral survey have the obligation to adhere to contracts signed with competent
geology authorities.
4. The Government shall elaborate this Article;
prescribe selection of organizations and individuals participating in mineral
survey.
Article 23. Apply for
geological reconnaissance and mineral survey
1. Organizations conducting geological
reconnaissance and mineral survey schemes, projects must submit application.
2. Organizations conducting geological
reconnaissance and mineral survey schemes, projects must submit additional
application or application for revision in case of changes to goals, tasks,
area, inspection solutions relative to approved schemes and projects.
3. Organizations selected for conducting mineral
survey shall not be required to submit application in accordance with Clause 1
and Clause 2 of this Article.
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Chapter V
MINERAL SITES; USE OF
SOIL, WATER, SEA WATERS AND TECHNICAL INFRASTRUCTURES IN MINING OPERATIONS
Section 1. MINERAL SITES
Article 24. Classification of
mineral sites
1. Sites of mining operations.
2. Sites of mining operation planning.
3. Sites where mining operations are prohibited.
4. Sites where mining operations are temporarily
suspended.
5. Sites of scattered minerals.
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Article 25. Sites of mining
operations and sites of mining operation planning
1. Sites of mining operations are areas under valid
mineral exploration license, mineral production licenses, mineral salvaging
license; sites of closed mines.
2. Sites of mining operation planning mean areas
that contain minerals, have undergone mineral survey, and are zoned by
competent authorities for group I mineral planning, group II mineral planning,
and provincial planning.
3. Depending on requirements pertaining to national
defense and security, prevention and remediation of impact on environment,
natural scenery, historical - cultural heritage, protection of natural
production forest, protection of structures under Point e Clause 1 Article 26
hereof, all mineral exploration and production operations may suffer from any
or some or all of restrictions below:
a) Organizations and individuals allowed to conduct
mineral exploration and production;
b) Production capacity;
c) Production time;
d) Production area, depth and solutions for mineral
exploration and production.
4. Depending on request of ministries and
ministerial agencies, competent authorities under Article 108 hereof shall
decide the restriction to mining operations under Clause 3 of this Article.
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1. Sites where mining operations are prohibited
shall be zoned on the basis of:
a) Mineral survey results; or
b) Historical - cultural heritage, and scenery
ranked or zoned for protection in accordance with cultural heritage, natural
heritage protection and environmental laws; or
c) Special-use forest, protective forest;
geological sanctuaries, marine sanctuaries as per the law; or
d) Land for national defense and security; or
dd) Land for religious activities; or
e) Separation distance of national defense
structures and military zones; safety margin or separation distance of traffic,
hydroelectricity, irrigation, embankment structures; water supply and drainage
system, waste treatment system; energy and petroleum structures; post,
telecommunication, information technology infrastructures.
2. Sites where mining operations are temporarily
suspended shall be zoned on the basis of:
a) National defense and security requirements; or
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c) Preparedness and remediation of natural
disasters; or
d) River basins or banks susceptible to collapse,
erosion or prone to collapse, erosion; coastal areas susceptible to or prone to
erosion.
3. Where mineral exploration and production is
required in sites where mining operations are prohibited or temporarily
suspended, competent authorities under Article 108 hereof shall take charge and
cooperate with ministries, relevant ministerial agencies in requesting the
Prime Minister to consider.
4. Provincial People’s Committees shall zone and
request Prime Minister to approve sites where mining operations are prohibited
or temporarily suspended after consulting the Ministry of Natural Resources and
Environment and relevant ministries, ministerial agencies.
5. The Government shall elaborate application and
procedures for zoning sites where mining operations are prohibited or
temporarily suspended; Clause 3 of this Article.
Article 27. Sites of scattered
minerals
1. Sites of scattered minerals are areas where
group I minerals and group II minerals, only appropriate for small-scale
production, and determined on the basis of:
a) Mineral potential evaluation results produced
during mineral survey;
b) Mineral exploration results approved by
competent authority;
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2. The Government shall prescribe the size of
mineral reserve for definition of sites of scattered minerals; prescribe
procedures for zoning and declaring sites of scattered mineral.
Article 28. Sites of national
mineral reservation
Sites of national mineral reservation mean areas
with unextracted group I minerals and group II minerals, are determined by
mineral survey and mineral exploration results, and include:
1. Areas where minerals are necessary for sustainable
socio-economic development;
2. Areas where minerals are located and which are
prioritized for development of leading economic sector or significantly
advantageous economic sector;
3. Areas where minerals are located and where
mineral production cannot be carried out in an effective manner or where
remedial measures have not been taken to rectify negative environmental
impacts.
Section 2. MANAGEMENT OF
MINERALS IN SITES OF NATIONAL MINERAL RESERVATION
Article 29. Zoning sites of
national mineral reservation
1. The Ministry of Natural Resources and
Environment shall zone sites of national mineral reservation under Article 28
hereof and request the Prime Minister to approve.
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a) Name of mineral reservation site;
b) Type of minerals and coordinates of corner
markers, area, depth of mineral reservation;
c) Size of resources and mineral reserve;
d) Duration of mineral reserve;
dd) Responsibility for protection of minerals in
the area;
e) Implementation plans.
3. The Government shall prescribe zoning and
approval of sites of national mineral reservation.
Article 30. Revision to sites
of national mineral reservation
1. Revision to sites of national mineral
reservation shall be implemented in order to:
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b) Partially or entirely include areas zoned as
sites of national mineral reservation in group I mineral planning and/or group
II mineral planning in accordance with planning laws; serve national defense
and security purposes; execute investment projects under the authority to
decide or approve investment guidelines of the National Assembly and Prime
Minister, except for cases detailed under Article 33 hereof.
2. The Government shall prescribe written request
and procedures for revision of sites of national mineral reservation.
Article 31. Duration of
reservation
1. Reservation duration shall be determined in
accordance with geological, mineral, and mining industry strategy and range
between 20 years and 70 years. Where reserved minerals are not included in
group I mineral planning or group II mineral planning by the time reservation
period expires, reservation period shall be extended.
2. The Prime Minister shall decide the reservation
period and extension thereof for each site.
Article 32. Management and
protection of minerals at sites of national mineral reservation
1. Minerals under reservation shall be placed under
strict protection in accordance with this Law.
2. Developers of investment projects located in
sites of national mineral reservation have the obligation to:
a) protect minerals in project perimeter;
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3. Where project developer violates Point b Clause
2 of this Article, depending on the nature, severity of the violation, and
amount of minerals unlawfully produced or recovered, the violation shall be met
with:
a) Administrative penalties;
b) Revocation of written verification of mineral
recovery application;
c) Revocation of mineral exploration license, mineral
production license under Point c Clause 1 Article 33 hereof;
d) Revocation of investment registration
certificate;
dd) Criminal prosecution.
4. Project developers committing violations under
Clause 3 of this Article shall also be required to compensate for any damage
caused.
Article 33. Execution of
investment projects at sites of national mineral reservation
1. The following projects shall be executed at
sites of national mineral reservation:
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b) Construction projects for technical
infrastructures that serve national or public interest in accordance with land
laws with stable and extended land use term or operating period longer than remaining
reservation duration and are approved by the Prime Minister to be executed at
sites of national mineral reservation;
c) Exploration and production projects for minerals
that are not under reservation with operating period shorter than the remaining
reservation period;
d) Other investment projects that do not have
stable and extended land use term or operating duration longer than remaining
reservation duration.
2. Organizations and individuals executing
investment projects at sites of national mineral reservation shall evaluate
level of impact on minerals in reservation located in perimeter of projects in
accordance with Clause 3 of this Article. Evaluation shall be conducted during
pre-feasibility study or report proposing approval of project investment
guidelines.
3. Evaluation of impact on
reserved minerals consists of:
a) Overview of reserved minerals in project area,
including level of mineral survey; current conditions of resources, reserve of
resources, and progress of mineral exploration and production (if any);
b) Evaluation of impact of investment projects on
resources, reserve, quality of reserved minerals; work items that directly
affect reserved minerals;
c) Solutions for protecting reserved minerals
located in project perimeter;
d) Commitment to protect unextracted minerals
within the perimeter of investment projects.
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5. Organizations and
individuals executing investment projects at sites of national mineral
reservation shall monitor, supervise, and promptly report to the Ministry of
Natural Resources and Environment and provincial People’s Committees of
provinces where sites of national mineral reservation are located where
construction process or operation process directly affects the type reserved
minerals for actions taken in accordance with Clauses 6, 7, 8, and 9 of this
Article.
6. Where construction process
at sites of national mineral reservation requires leveling or piling of surface
layer which directly affects mineral reserve, organizations and individuals
executing the investment projects must request the Ministry of Natural
Resources and Environment and provincial People’s Committees of provinces where
the projects are located to conduct inspection and decide whether or not
mineral recovery is conducted.
7. Provincial People’s Committees
of provinces where investment projects under Clause 2 of this Article are
located shall consider issuance of verification of mineral recovery
application. In respect of minerals under licensing authority of the Ministry
of Natural Resources and Environment, provincial People’s Committees shall
consider issuance of verification of mineral recovery application after
obtaining written approval of the Ministry of Natural Resources and
Environment.
8. Mineral recovery shall be
conducted as follows:
a) Mineral recovery shall be conducted at the same
time as project execution;
b) Project developers shall organize mineral
recovery in accordance with Clause 9 of this Article. Where mineral recovery is
not conducted, project developers shall request other organizations and
entities to conduct recovery and request provincial People’s Committees to
consider and decide.
9. Organizations and
individuals executing investment projects at sites of national mineral
reservation in accordance with Clause 2 of this Article permitted to conduct
mineral recovery shall have rights and obligations detailed under Article 76
hereof.
10. The Government shall
elaborate this Article.
Article 34. Compensation for
terminated investment projects at sites of national mineral reservation
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2. The Government shall not be
responsible for compensating developers of projects at sites of national
mineral reservation upon expiry of reservation duration according to decision
of the Prime Minister.
Section 3. USE OF LAND, WATER,
SEA WATERS, AND TECHNICAL INFRASTRUCTURE IN MINING OPERATIONS
Article 35. Use of land, sea
waters, and technical infrastructures in mining operations
1. The use of land in mining
operations shall conform to land laws.
2. The use of sea waters in
mining operations shall conform to marine laws, marine resource and environment
and island laws, and other relevant law provisions.
3. Organizations and
individuals conducting mining operations may utilize traffic, communication,
electrical, and other technical infrastructure system for the purpose of mining
operations as per the law.
Article 36. Water usage and
discharge into water sources in mining operations
1. Organizations and
individuals conducting mining operations shall have the right to utilize water
resources and the responsibility to protect water resources in accordance with
water resource laws; use water efficiently and effectively, adopt solutions for
securing livelihood and preventing conflicts in production and use of water
resources.
2. Discharge of wastewater in
mining operations shall conform to environmental protection laws and other
relevant law provisions.
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MINING OPERATIONS,
MINERAL RECOVERY, MINERAL PROCESSING
Section 1. GROUP I, GROUP II,
AND GROUP III MINERAL EXPLORATION
Article 37. Organizations and
individuals conducting mineral exploration
1. Organizations registered
for business operation related to mining operation and eligible for mineral
exploration license include:
a) Enterprises established in accordance with the
Law on Enterprises;
b) Cooperatives and joint cooperatives established
in accordance with the Law on Cooperatives;
c) Foreign enterprises placing representative
offices or branch offices in Vietnam.
2. Individuals or household members shall, upon
applying for household businesses engaging in businesses related to mining
operations, be eligible for group III mineral exploration license.
3. Organizations and individuals under Clause 1 and
Clause 2 of this Article must possess adequate financial capability to execute
mineral exploration scheme.
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Organizations licensed to conduct mineral
exploration but not satisfactory to requirements under Clause 1 Article 38
hereof or household businesses licensed to conduct mineral exploration shall
have the right to enter into contracts with mineral exploration service
providers for mineral exploration in accordance with mineral exploration
license.
5. The Government shall elaborate Clause 3 of this
Article.
Article 38. Eligibility of
mineral exploration service providers
1. Mineral exploration service providers must:
a) be established in a law-compliant manner;
b) employ personnel of at least university
education or equivalent in geology with experience in mineral exploration and
understanding of technical regulations and standards pertaining to mineral
exploration for technician positions;
c) employ technician personnel specializing in
geology and other relevant fields;
d) provide necessary equipment and instruments for
construction of mineral exploration structures.
2. The Government shall elaborate this Article.
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Organizations and individuals under Article 37
hereof shall be selected for mineral exploration license in respect of areas
where mineral production right is not auctioned in accordance with regulations
of the Government.
Article 40. Field survey for
mineral exploration scheme
1. During preparation of mineral exploration
scheme, winners of mineral production right auction may conduct field survey
and surface sampling.
2. In respect of areas where mineral production
right is not auctioned, during preparation of mineral exploration scheme,
organizations and individuals may conduct field survey and surface sampling to
determine exploration area.
3. Prior to conducting field survey, organizations
and individuals under Clause 1 and Clause 2 of this Article must inform
provincial People’s Committees of provinces where mineral exploration sites are
located.
4. The Government shall elaborate this Article.
Article 41. Area of mineral
exploration site
1. Other than cases under Clause 3 of this Article,
area of mineral exploration sites under each license for each mineral or
mineral group shall be:
a) At most 100 square kilometer (km2)
for coals and bauxite;
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c) At most 10 square kilometer (km2) for non-metal
minerals on land, other than group III minerals;
d) At most 200 square kilometer (km2)
for minerals in the ocean, other than group III minerals. Where a greater area
is required, the Prime Minister shall decide.
dd) At most 2 square kilometer (km2) on
land or 30 square kilometer (km2) in the ocean in respect of group
III minerals, other than natural mineral water and geothermal spring;
e) Compliant with exploration scheme in respect of
natural mineral water and geothermal spring.
2. Exploration depth must be sufficient to cover
mineral body and geological structures potential for type of minerals to be
explored, other than minerals used as construction materials and minerals used
as regular construction materials.
3. In respect of exploration of strategic,
important minerals according to intergovernmental agreements, area of
exploration sites shall conform to said agreements.
Article 42. Mineral
exploration scheme
1. Mineral exploration schemes must contain:
a) Appropriate exploration methods for determining
reserve, quality, production conditions, processing and use capabilities of
minerals present in exploration area;
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c) Environmental protection, occupational safety
and hygiene solutions during exploration process;
d) Methods for determining mineral reserve;
dd) Construction process, schedule of mineral
exploration schemes;
e) Mineral exploration expenditure estimates based
on unit price tariff of geological structures and other relevant unit price tariff
prescribed by competent authorities;
g) Duration of mineral exploration scheme.
2. Mineral exploration issuing authorities are
responsible for appraising mineral exploration schemes prior to issuing the
license.
3. The Government shall elaborate application and
procedures for appraisal of mineral exploration schemes.
4. The Minister of Natural Resources and
Environment shall prescribe form and details of mineral exploration schemes;
methods and workload of mineral exploration operation for individual mineral
type and unit price tariff of geological structures.
Article 43. Issuance
principles of mineral exploration license
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a) Mineral exploration license shall only be issued
for areas where no organizations and individuals are conducting lawful mineral
exploration and production except for cases detailed in Point g of this Clause;
b) Mineral exploration license issued by Ministry
of Natural Resources and Environment shall be applicable in areas appropriate
to group I mineral planning and group II mineral planning;
c) Mineral exploration license issued by provincial
People’s Committees shall be applicable in areas appropriate to provincial
planning;
d) Mining operations are not restricted or
temporarily suspended in mineral exploration sites, except for cases detailed
under Clause 2 of this Article;
dd) Mineral exploration sites are not classified as
sites of national mineral reservation or undergoing ecological reconnaissance,
mineral survey corresponding to the type of minerals of which exploration
license is applied for, except for cases detailed under Point c Clause 1
Article 33 hereof;
e) Area of mineral exploration sites must not
exceed area defined under group I mineral planning, group II mineral planning,
and provincial planning;
g) Area covered by a mineral exploration license
may partially or entirely overlap surface area of mining operations conducted
by the same organizations for the purposes of exploring minerals at different
depths depending on mineral exploration schemes;
h) Each organization and individual shall hold at
most 5 mineral exploration licenses for each type of mineral, excluding expired
mineral exploration license. Where more than 5 licenses are issued to the same
organizations, written approval issued by the Prime Minister shall be required.
2. Mineral exploration at sites where mining
operations are prohibited or temporarily suspended shall be conducted if
exploration methods and technology do not negatively affect protected subjects
in these sites and in a manner compliant with Clause 3 Article 26 hereof.
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4. The Government shall elaborate this Article and
prescribe organizations permitted to conduct mineral exploration of strategic,
important minerals.
Article 44. Mineral
exploration license
1. Mineral exploration license must contain
information on organizations and individuals conducting mineral exploration,
proper name of the area, contents of the license, and requirements of
organizations and individuals to which mineral exploration license is issued.
2. Mineral exploration license includes:
a) Type of minerals; location and area of mineral
exploration sites;
b) Mineral exploration method and quantity;
c) Mineral exploration period.
3. Requirements for organizations and individuals
to which mineral exploration license is issued:
a) Financial obligations and other relevant
obligations as per the laws;
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4. Mineral exploration period in mineral
exploration license includes execution period of mineral exploration schemes
and reporting period of exploration results and shall be:
a) At most 48 months and can be extended at most
twice for up to 24 months total except for cases detailed under Point b of this
Clause;
b) Where organizations and individuals have not
finished workload under exploration scheme due to force majeure by the end of
exploration period under Point a of this Clause, the organizations and
individuals shall be eligible for re-issuance in accordance with this Law as
long as time limits under Point a of this Clause are not exceeded;
c) Where organizations and individuals have
fulfilled exploration workload according to exploration scheme and where
additional exploration workload is required by competent authorities after
expiry of mineral exploration license, the organizations and individuals must
report to issuing authorities for approval in advance;
d) In respect of exploration of strategic,
important minerals under intergovernmental agreement, exploration period shall
conform to the agreement.
5. The Government shall elaborate Point c Clause 4
of this Article.
6. The Minister of Natural Resources and
Environment shall prescribe mineral exploration license.
Article 45. Issuance,
re-issuance, revision, and relinquishment of mineral exploration license
1. Issuance of mineral exploration license,
including cases detailed under Point dd Clause 2 Article 4 hereof shall conform
to principles under Article 43 hereof and the following provisions:
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b) Purpose and demand of mineral exploration in
application for mineral exploration license
2. The Government shall elaborate Clause 1 of this
Article; regulate cases of extension, re-issuance, revision, and relinquishment
of mineral exploration license; application and procedures for issuance,
re-issuance, extension, revision, and relinquishment of mineral exploration
license.
3. The Minister of Natural Resources and
Environment shall prescribe form of reports and documents under this Article.
Article 46. Transfer of
mineral exploration right
1. Organizations and individuals licensed to
conduct mineral exploration may only transfer mineral exploration right after
fulfilling at least 50% of the estimates of mineral exploration scheme.
2. Organizations and individuals receiving the
transferred mineral exploration right must be eligible for mineral exploration
license in accordance with this Law.
3. For the transfer of mineral exploration right,
competent authorities under Article 108 hereof shall issue mineral exploration
license to organizations and individuals receiving the transfer. Mineral
exploration period means the remaining duration of previously issued mineral
exploration license.
4. The Government shall elaborate the transfer of
mineral exploration right; designate inspecting authorities; regulate
application and procedures for transferring mineral exploration right.
Article 47. Rights and
obligations of organizations and individuals to which mineral exploration
license is issued
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a) access information on minerals related to
exploration purposes and exploration sites, transfer and inherit the
information as per the law;
b) conduct exploration in accordance with mineral
exploration license;
c) add extra workload and work items in exploration
sites in accordance with practical development in exploration process to
improve reliability of exploration results;
d) transfer specimens in appropriate quantity and
type depending on analysis and test characteristics, demands under approved
exploration schemes outside of exploration sites or foreign countries;
dd) be prioritized for issuance of mineral
production license at sites where exploration has been conducted in accordance
with Clause 1 Article 48 hereof;
e) apply for extension, re-issuance, revision or
relinquishment of mineral exploration license;
g) transfer mineral exploration right in accordance
with this Law;
h) file complaints or lawsuits in as per the law;
i) exercise other rights as per the law.
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a) fulfill financial obligations as per the law;
b) fulfill with mineral exploration license. Where
permissible exploration depth is exceeded, technology sample is added, test production
pit is added, exploration solution is revised, or exploration workload is
reduced, organizations and individuals must report to and obtain written
approval from competent authorities in advance;
c) compensate for damage caused by exploration operations;
d) inform provincial People's Committees of
provinces where mineral exploration takes place in advance;
dd) collect, store information on minerals, and
report mineral exploration results to mineral authorities; report other
operations to competent authorities; comply with regulations on inspection,
examination of mineral exploration in accordance with this Law, inspection
laws, and other relevant law provisions;
e) carry out tasks upon expiry of mineral
exploration license in accordance with Clause 3 Article 52 hereof;
g) perform other obligations as per the law.
3. For the purpose of exploration of toxic
minerals, in addition to obligations under Clause 2 of this Article,
organizations and individuals conducting exploration of toxic minerals must
also take actions to prevent environmental pollution, harmful effects on human
health; where environmental pollution already occurs, take actions to rectify
or minimize the pollution.
4. For the purpose of exploration of radioactive
minerals or minerals containing radioactive substances, in addition to
fulfilling Clause 2 and Clause 3 of this Article, organizations and individuals
conducting mineral exploration must conform to the Law on Atomic Energy and
other relevant law provisions.
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6. The Minister of Natural Resources and
Environment shall regulate forms of reports and documents under Point d and
Point dd Clause 2 of this Article.
Article 48. Privilege for
organizations and individuals conducting mineral exploration
1. Organizations and individuals conducting mineral
exploration shall be granted privilege upon applying for mineral production
license for resources and reserve recognized by competent authorities for 36
months from the date on which recognition is awarded.
2. Where organizations and individuals that have
conducted mineral exploration fail to submit adequate application for mineral
production license before expiry of the time limit under Clause 1 of this
Article, the organizations and individuals shall lose their privilege in
application for mineral production license except for force majeure or changes
to Government policies that cause the application to be not feasible. Where
competent authorities issue mineral production license to other organizations
and individuals in accordance with this Law, licensed organizations and
individuals shall refund organizations and individuals that previously conduct
mineral exploration mineral exploration costs in accordance with this Law.
3. The Government shall elaborate Clause 2 of this
Article.
Article 49. Mineral
exploration funded by state budget
1. The Government shall fund exploration of the
following minerals using budget capital:
a) Strategic, important minerals;
b) Minerals of high economic value and/or high
demand.
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3. Provincial People’s Committees shall decide list
of mineral exploration sites under Clause 1 of this Article where they have
licensing authority.
4. Mineral exploration license shall not be
required in respect of mineral exploration funded by state budget. Competent
authorities under Article 108 hereof shall choose organizations executing
mineral exploration schemes in accordance with bidding laws.
5. The Government shall elaborate this Article.
Article 50. Recognition of
mineral exploration results
1. Organizations and individuals licensed to
conduct mineral exploration and organizations executing mineral exploration
schemes under Clause 4 Article 49 hereof shall submit application for mineral
exploration result recognition to competent authorities under Article 51
hereof.
2. Competent authorities under Article 15 hereof
are responsible for recognition of mineral exploration results in accordance
with regulations of the Government.
3. Within 6 months from the date on which mineral
exploration license expires, organizations and individuals shall submit
application for recognition of mineral exploration results.
4. Where organizations and individuals licensed to
conduct mineral exploration fail to submit application for recognition of
mineral exploration results to receiving authorities in accordance with this
Law after the time limit defined under Clause 3 of this Article, they shall be
no longer eligible to apply for recognition of mineral exploration results
except for force majeure. Where competent authorities issue mineral exploration
license to other organizations and individuals, previously licensed
organizations and individuals shall not be eligible for refund of mineral exploration
expenditure.
5. The Government shall elaborate Clauses 1, 2, and
4 of this Article; applications and procedures for recognizing mineral
exploration results; procedures for submitting mineral exploration reports.
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Article 51. Entitlement to
recognition of mineral exploration results
1. National council for mineral reserve evaluation
shall recognize mineral exploration results and additional exploration results
under licensing authority of the Ministry of Natural Resources and Environment.
2. Provincial People’s Committees shall recognize
mineral exploration results and additional exploration results under their own
licensing authority.
3. The Government shall prescribe organization,
operation, tasks, powers, and responsibilities of the National council for
mineral reserve evaluation.
Article 52. Revocation and
termination of mineral exploration license
1. Mineral exploration license shall be revoked
where:
a) The license is issued in a manner that does not
respect issuing authority or violates regulations of the law;
b) License holders fail to conduct exploration
within 6 months from the date on which the license enters into force except
force majeure;
c) Sites where mineral exploration is licensed is
placed under mining operation prohibition or temporary suspension;
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2. Mineral exploration license shall be terminated
where:
a) The license is revoked; or
b) The license expires; or
c) The license relinquished; or
d) Organization licensed to conduct mineral
exploration is dissolved or goes bankrupt; or
dd) License holder has their establishment
decision, business registration certificate, cooperative registration
certificate, joint cooperative registration certificate, or household business
certificate revoked in accordance with corporate, cooperative laws;
e) Such termination is determined via judgments or
decisions of the Court or arbitration awards.
3. Within 6 months from the date on which mineral
exploration license is terminated in accordance with Clause 2 of this Article,
previous license holders must relocate the entirety of their property and
property of relevant parties out of exploration sites; level exploration sites,
protect minerals, restore the environment and land as per the law; submit
collected specimens and information on minerals to compete geology and mineral
authorities. This provision does not apply to organizations and individuals
conducting mineral exploration that are applying for extension or re-issuance
of mineral exploration license or applying for mineral production license.
4. Where mineral exploration sites are placed under
mining operation prohibition or temporary suspension, valid license holders
operating in the sites shall be compensated as per the law.
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Section 2. PRODUCTION OF GROUP
I MINERALS, GROUP II MINERALS, AND GROUP III MINERALS
Article 53. Eligibility of
organizations, individuals to which mineral exploration license is issued
1. Organizations registered in mineral production
business that are considered for mineral production license include:
a) Enterprises established in accordance with the
Law on Enterprises;
b) Cooperatives and joint cooperatives established
in accordance with the Law on Cooperatives.
2. Individuals or household members registering for
household businesses and engaging in mineral production business shall be
eligible for group III mineral production license.
3. Organizations and individuals under Clause 1 and
Clause 2 of this Article must possess sufficient financial capacities to
execute mineral production investment projects.
4. The Government shall elaborate this Article.
Article 54. Mineral production
sites, area of mineral production investment project sites
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2. Area and depth of mineral production sites shall
be considered and identified on the basis of mineral production investment
projects, compliant with mineral reserve in mineral exploration reports
recognized by competent authorities.
3. Area of mineral production investment project
sites consists of: area of mineral production sites; area of structures serving
mineral production attached to mineral production sites; area of safe
separation distance in mine production.
4. In respect of production sites of natural
mineral water or geothermal spring, location and area of production sites shall
be determined by coordinates of wells or well groups.
5. The Government shall elaborate Clause 2 of this
Article.
Article 55. Principles of
mineral production license issuance
1. Issuance of mineral production license shall
adhere to principles below:
a) Mineral production license shall only be issued
for areas where no organizations and individuals are conducting lawful mineral
exploration and production except for cases detailed in Point e of this Clause;
b) Mineral production license issued by Ministry of
Natural Resources and Environment shall be applicable in areas appropriate to
group I mineral planning and group II mineral planning;
c) Mineral exploration license issued by provincial
People’s Committees shall be applicable in areas appropriate to provincial
planning;
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dd) Mineral production shall not be permitted at
sites where mining production is prohibited or temporarily suspended, except
for cases detailed under Clause 2 of this Article;
e) Surface area of mining operation sites covered
by mineral production licenses may overlap in part or in whole if the licenses
are issued to the same organization conducting mineral production at different
depths according to mineral production investment projects.
2. Mineral production at sites where mining
operations are prohibited or temporarily suspended shall be conducted if
production methods and technology do not negatively affect protected subjects
in these sites and in a manner compliant with Clause 3 Article 26 hereof.
3. The Government shall elaborate this Article.
Article 56. Mineral production
license
1. Mineral production license must contain
information on organizations and individuals conducting mineral production,
licensing details, and requirements for organizations and individuals to which
mineral production license is issued.
2. Licensing details consist of:
a) Location and area of mineral production sites;
production depth;
b) Primary minerals and byproduct minerals (if
any);
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d) Mineral production capacity and methods;
dd) Mineral production period.
3. Requirements for organizations and individuals
to which mineral production license is issued include:
a) Financial obligations and other relevant
obligations as per the laws;
b) Responsibilities of licensed organizations and
individuals and other requirements (if any) as per the law.
4. Term of mineral production license:
a) Production term consists of fundamental
construction period, production period determined in accordance with mineral
production investment projects to a maximum of 30 years and can be extended
multiple times at request of license holders to a maximum of 20 years; except
for cases detailed under Point a Clause 2 Article 68 and Clause 3 Article 87
hereof;
b) Where mineral production term, including
extension thereof, has expired before mineral reserve in the sites has not been
depleted, license holders may apply for re-issuance of mineral production
license.
5. Effective period of re-issued mineral production
license shall conform to Point a Clause 4 of this Article.
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1. Issuance of mineral production license shall
conform to principles detailed in Article 55 hereof and:
a) Appraisal results of application for mineral
production license;
b) Mineral production and use demand depicted in
application for license issuance.
2. The Government shall elaborate Clause 1 of this
Article; regulate cases of extension, re-issuance, revision, and relinquishment
of mineral production license; application and procedures for issuance,
re-issuance, extension, revision, and relinquishment of mineral production
license.
3. The Minister of Natural Resources and
Environment shall prescribe form of reports and documents under this Article.
Article 58. Transfer of
mineral production right
1. License holders may only transfer mineral
production right after finishing fundamental construction and commencing
operation of the mines.
2. Organizations and individuals receiving the
transferred mineral production right must be eligible for mineral production
license.
3. For the purpose of transfer of mineral
production right, competent authorities under Article 108 hereof shall issue
mineral production license to organizations and individuals receiving the
transfer. Mineral production term means the remaining effective period of
issued mineral production license.
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Article 59. Rights and
obligations of organizations and individuals conducting mineral production
1. Organizations and individuals conducting mineral
production have the right to:
a) access mineral information related to production
purposes and sites where mineral production is permitted;
b) conduct mineral production in accordance with
mineral production license and this Law;
c) conduct additional exploration work to serve
mineral production within licensed sites;
d) recover minerals within mineral production
investment sites during fundamental construction of mines or other operations
serving mineral production after reporting to competent authorities for
consideration and decision;
dd) store, transport, sell, export, and execute
other rights in respect of extracted minerals as per the law;
e) apply for extension, re-issuance, revision, and
relinquishment of mineral production license;
g) transfer mineral production rights in accordance
with this Law;
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i) use waste soil and rocks from mines for
renovation and restoration of the environment, project structures, and other
purposes;
k) Exercise other rights as per the law.
2. Organizations and individuals conducting mineral
production have the obligation to:
a) incur mineral production licensing fees; incur
mineral potential evaluation cots, mineral exploration costs; pay taxes, fees,
and charges as per the law;
b) prioritize local labor in mineral production
investment projects and relevant services;
c) cooperate with local governments in providing
training, facilitating career change, and finding jobs for households and
individuals in case the Government expropriates the land for mineral production
investment projects in accordance with land laws;
d) maintain schedule of fundamental mine
construction and other operations defined under feasibility study or equivalent
documents of mineral production investment projects, approved mine design as
per the law; except for force majeure;
dd) register commencement date of fundamental mine
construction and commencement date of mineral production to issuing
authorities; inform People’s Committees of all levels before starting
fundamental construction and mineral production;
e) develop and send additional exploration scheme
to licensing authority for consideration and approval in advance and request
competent authority to recognize additional exploration results in case
additional exploration is conducted to better evaluate mineral resources and
reserve or accurately determine reserve of byproduct minerals (if any);
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h) store, update, and provide information on
mineral exploration and production results; monitor quantities of minerals
produced in practice before transporting extracted minerals out of mineral
production investment projects; invest, install, and operate information and
data system on mining operations connected to information and data system on
mining operations of competent licensing authorities under Article 108 hereof’
i) submit reports on mineral production to
competent authorities and be hold responsible for accuracy of reporting
information and data;
k) compensate for damage caused by mineral
production as per the law;
l) enable other organizations and individuals to
conduct scientific research in mineral production sites in accordance with
science and technology laws;
m) close mines; improve and restore the environment
in accordance with this Law and environmental protection laws;
n) consolidate and submit reports to competent
mineral authorities to revise license in accordance with Article 57 hereof in
case mineral quantities defined under mineral production license has been met
without depleting the mineral reserve and where mineral production license has
not expired; except for production of river bed, lake bed, sea waters sand,
gravel, gravel under Chapter VIII hereof;
o) perform other obligations as per the law.
3. The Government shall elaborate Point d and Point
i Clause 1, Point e and Point g Clause 2 of this Article; prescribe the roadmap
for implementing connection to information and data system on mining operations
detailed under Point h Clause 2 of this Article.
4. The Minister of Natural Resources and Environment
shall elaborate Point dd, h, i, and n Clause 2 of this Article.
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1. Organizations and individuals engaging in
mineral production, individuals working at mines shall adequately adhere to
regulations on occupational safety and hygiene, and safety techniques under
this Law, occupational safety and hygiene laws, and other relevant provisions
of the law.
2. Other than cases detailed in Clause 4 Article 62
hereof, organizations and individuals engaging in mineral production must
guarantee technical safety conditions below:
a) Managerial and operating personnel in mineral
production must have sufficient qualifications and receive training in
technical safety in mineral production;
b) Equipment and system used in mineral production
must be suitable with geological conditions of production sites. In respect of
underground mineral production, equipment and system must also meet safety
requirements corresponding to combustible gas;
c) Risk management plans must be developed,
approved, and sent to competent authorities. In case of underground mineral
production, risk management plans must be developed and submitted to the
Ministry of Industry and Trade for approval in accordance with Clause 3 of this
Article;
d) Employ semi-specialized emergency response team
to take actions in case of emergencies.
3. Risk management plans of underground mineral
production projects shall be approved as follows:
a) In respect of new projects, risk management
plans must be approved prior to construction and before operation of mine
structures;
b) In respect of projects during fundamental mine
construction, risk management plans must be approved before operation of the
structures;
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4. Where potential technical issues may violate
occupational safety and hygiene, mine directors must take all necessary actions
to eliminate causes of issues.
5. Where technical issues cause loss of
occupational safety or hygiene, mine directors or mine coordinators must:
a) immediately adopt emergency measures to rectify
the issues; provide emergency medical care, evacuate people from dangerous
areas;
b) protect property and scenes of the accidents
unless activities under Point a of this Clause are taking place.
6. Agencies, organizations, and individuals are
responsible for providing assistance in emergency medical care and
rectification of technical issues.
7. Organizations and individuals engaging in
mineral production must report occupational incidents, violation of
occupational safety and hygiene in mineral production; promptly report to
competent authorities in case accidents causing loss of occupational safety.
8. The Minister of Industry and Trade shall
elaborate Point c Clause 2 and Clause 3 of this Article.
9. The Government shall elaborate Point a, b, and d
Clause 2 and Clause 7 of this Article.
Article 61. Fundamental design
of mineral production projects, mine design
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2. Mine design shall serve mineral production and
be compliant with fundamental design. Procedures for developing, appraising,
and approving mine design in a one-step or multi-step process in accordance
with construction laws and:
a) In case of one-step or two-step design, mine
design shall be construction drawing design;
b) In case of three-step design, mine design shall
consist of technical design and construction drawing design.
3. Organizations and individuals conducting mineral
production shall only be permitted to commence fundamental mine construction
and mineral production after obtaining and sending approved mine design to
competent authorities.
4. The Minister of Industry and Trade shall
prescribe fundamental design of mineral production investment projects and mine
design.
5. The Government shall elaborate Clause 3 of this
Article; entities from which fundamental design of mineral production
investment projects and mine design are required.
Article 62. Mine directors and
coordinators
1. Mine directors shall be required for the purpose
of mineral production, except for cases detailed under Clause 4 of this
Article.
2. In respect of mineral production in underground
mines, a mine director shall be required for each mineral production license.
In respect of open-pit mining, a mine director shall be required for up to 3
mineral production licenses held by the same organization or individual where
each mine is no more than 10 km away from one another.
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4. Mine directors shall not be required in the
following cases as long as mine coordinators responsible for technical affairs
in mineral production, occupational safety and hygiene, and environmental
protection are appointed:
a) Producing group II and group III minerals
without using industrial explosive materials;
b) Producing minerals at sites of scattered
minerals according to Article 27 hereof unless the production process involves
the use of industrial explosive materials or underground mineral production.
5. Mineral production license holders have the
responsibility to:
a) enable mine directors and coordinators to
exercise their duty;
b) inform licensing authorities in writing about
qualifications and managerial capabilities of mine directors before
commencement date of mineral production or in case of replacement of mine
directors. Where mine directors do not meet the standards, competent mineral
authorities are responsible for informing organizations and individuals in
writing.
6. The Government shall elaborate this Article.
Article 63. Mining status maps
and cross-section maps of mineral production sites
1. Organizations and individuals conducting mineral
production shall produce, update, manage, and store mining status maps and
cross-section maps of mineral production sites from fundamental construction
stage to end of mineral production stage according to mineral production
license.
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Article 64. Inventory and
examination of mineral quantities
1. Organizations and individuals conducting mineral
production are responsible for inventory of extracted mineral quantities on an
annual basis; examination of remaining mineral quantities at the time in which
application for extension, revision, transfer, and relinquishment of mineral
production license and mine closure is submitted; shall be held legally
responsible for accuracy and veracity of information and data of inventory,
examination.
2. Inventory of mineral quantities extracted
annually and total mineral quantities extracted from the beginning to the
inventory date includes:
a) Information on mineral and resource reserve
recognized by competent authorities; topographic maps of mineral and resource
reserve calculation and cross-section maps of mineral and resource reserve
calculation;
b) Weighed or measured quantities or load of
extracted minerals; results of severance tax and environmental protection fee
declaration and payment in mineral production;
c) Information and data produced by analysis and
evaluation of quality or concentration of minerals; results of verification and
delivery of quantities or load of extracted minerals; amount of soil and rocks produced
during each production stage;
d) Actual measurement results pertaining to
production conditions during development of mining status maps and
cross-section status maps of mineral production sites in case of solid
minerals.
3. Examination of remaining mineral reserve from
the beginning to the examination date consists of consolidation of information
from the following documents:
a) Information on mineral reserve in mineral
production license;
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c) Data pertaining to reserve of other resources
and minerals in vicinity of mineral production sites.
4. Inventory and examination of mineral quantities
under Point d Clause 1 Article 59 hereof shall conform to Clauses 1, 2, and 3
of this Article.
5. The Government shall elaborate Clauses 1, 2, 3,
and 4 of this Article.
6. The Minister of Natural Resources and
Environment shall prescribe forms of reports and documents under this Article.
Article 65. Production of
strategic, important minerals, toxic and radioactive minerals
1. Organizations and individuals conducting
production of strategic, important minerals shall:
a) exercise obligations under Clause 2 Article 59
hereof;
b) meet regulations on market access in accordance
with investment laws and other relevant law provisions in case of foreign
investors;
c) operate under management of competent
authorities and adhere to socio-economic development strategy from time to
time.
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3. The Government shall prescribe organizations
permitted to produce strategic, important, toxic, radioactive minerals.
Article 66. Revocation and
termination of mineral production license
1. Mineral production license shall be revoked if:
a) The license is issued in a manner that does not
respect issuing authority or violates regulations of the law;
c) Mining operations are prohibited or temporarily
suspended at licensed mineral production sites;
c) Competent authorities issue decision to
expropriate the entire area of land or sea waters where mineral production was
previously licensed for use in other purposes in accordance with land, sea,
resource, marine environment, island laws, and other relevant provisions of the
law;
d) Organizations and individuals licensed to
conduct mineral production infringe their obligations in mineral production to
a serious extent.
2. Mineral production license shall be terminated
if:
a) The license is revoked; or
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c) The license relinquished; or
d) Organization licensed to conduct mineral
production is dissolved or go bankrupt; or
dd) License holder has their business registration
certificate, cooperative registration certificate, joint cooperative
registration certificate, or household business certificate revoked in
accordance with corporate, cooperative laws; or
e) Investment project of license holder is
terminated by competent authorities in accordance with investment laws; or
g) Land or sea waters for mineral production of
license holder is revoked in accordance with land laws and other relevant laws
where investment project violates land laws or other relevant laws; or
h) Such termination is determined via judgments or
decisions of the Court or arbitration awards.
3. Where mineral production license is terminated
in accordance with Points a, b, dd, e, g, and h Clause 2 of this Article,
holder of the terminated license has the obligation to:
a) close mines in accordance with Section 2 Chapter
VII hereof;
b) relocate their property and property of relevant
parties out of mineral production sites within 6 months from the date on which
mineral production license is terminated, except for structures and equipment
under Point c of this Clause; property remaining at mineral production sites
after the aforementioned time limit shall be handled in a law-compliant manner;
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4. Where mineral reserve is not depleted at expiry
of mineral production license and previous license holder is not eligible for
extension or re-issuance of mineral production license, other organizations and
individuals shall be licensed to conduct mineral production in accordance with
this Law.
5. Organization and individuals conducting mineral
production and having their mineral production license revoked under Point b
and Point c Clause 1 of this Article shall be compensated as per the law.
6. The Government shall elaborate Point d Clause 1,
Point c Clause 3, Clause 4, and Clause 5 of this Article, elaborate documents
and procedures for revocation of mineral production license.
Section 3. MINERAL SALVAGING
Article 67. General provisions
pertaining to mineral salvaging
1. Mineral salvaging includes:
a) Selectively producing remaining minerals at
waste dump of mines of which closure decision has been issued;
b) Producing all minerals at waste dump of mines,
including waste soil and rocks of mines of which closure decision has been
issued.
2. Principles of issuance of mineral salvaging
license:
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b) In respect of waste dumps with great height or
complex terrain, mine design must adhere to Article 61 hereof;
c) Compliance with geology and mineral management
plans under Clause 2 Article 12 hereof is not required;
d) Mineral salvaging license is considered and
issued to organizations, individuals that meet eligibility under Article 53
hereof.
3. The Government shall elaborate Point b Clause 2
of this Article.
Article 68. Mineral salvaging
license
1. Information and contents of mineral salvaging
license include:
a) Information and details under Clause 1, Points
a, b, and dd Clause 2, Clause 3 Article 56 hereof;
b) Quantities of minerals permitted for production.
2. Term of mineral salvaging license:
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b) Where right to mineral salvaging is transferred
to other organizations and individuals, the term of mineral salvaging shall be
the remaining term of previously issued mineral salvaging license.
Article 69. Issuance,
extension, revision, and relinquishment of mineral salvaging license, transfer
of right to mineral salvaging
1. Issuance of mineral salvaging license shall
conform to principles detailed under Clause 2 Article 67 hereof and the
following basis:
a) Appraisal results of application for mineral
salvaging license;
b) Mineral production and use demand depicted in
application for license issuance.
2. The Government shall elaborate Clause 1 of this Article;
prescribe extension, revision, relinquishment of mineral salvaging license,
transfer of right to mineral salvaging; regulate appraising authorities;
regulate applications and procedures for issuance, extension, revision,
relinquishment of mineral salvaging license, and transfer of right to mineral
salvaging.
3. The Minister of Natural Resources and
Environment shall prescribe form of reports and documents under this Article.
Article 70. Rights and
obligations of organizations and individuals licensed to conduct mineral
salvaging
1. Organizations and
individuals licensed to conduct mineral salvaging have the right to:
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b) conduct mineral salvaging in accordance with
mineral salvaging license and this Law;
c) recover minerals within mineral production
investment sites during fundamental mine construction or other operations
serving mineral production after reporting to competent authorities for
consideration and decision;
d) store, transport, sell, export, and execute
other ownership rights in respect of extracted minerals as per the law;
dd) apply for extension, revision, relinquishment
of mineral salvaging license;
e) transfer right to mineral salvaging in
accordance with this Law;
g) file complaints or lawsuits in as per the law;
h) use waste soil and rocks for renovating,
remediating the environment, structures serving mineral production projects,
and other purposes;
i) exercise other rights as per the law.
2. Organizations and
individuals licensed to conduct mineral salvaging have the obligation to:
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b) prioritize local labor in mineral production investment
projects and relevant services;
c) cooperate with local governments in providing
training, facilitating career change, and finding jobs for households and
individuals in case the Government expropriates the land for mineral production
investment projects in accordance with land laws;
d) maintain schedule of fundamental mine
construction and other operations defined under feasibility study or equivalent
documents of mineral production investment projects, approved mine design as
per the law; except for force majeure;
dd) register commencement date of fundamental mine
construction and commencement date of mineral salvaging to issuing authorities;
inform People’s Committees of all levels before starting fundamental
construction and mineral production;
e) maximize production of primary minerals and
byproduct minerals in accordance with mineral salvaging license; protect
minerals in areas where mineral production is licensed; maintain occupational
safety and hygiene, practice safety techniques in mineral production; exercise
regulations on management and protection of technical infrastructures, exercise
environmental protective measures as per the law; adhere to regulations
pertaining to inspection and examination of mining operations under this Law, inspection
laws, and other relevant provisions of the law;
g) keep, update, and provide information on mineral
salvaging results; control quantities of mineral extracted before transporting
such quantities out of mineral production investment projects; invest, install,
and operate information and data system pertaining to mining operations,
connect with information and data system on mining operations of provincial
People’s Committees and Ministry of Natural Resources and Environment;
h) conduct inventory and examination of quantities
of extracted minerals;
i) produce reports on mineral salvaging to
competent authorities and be hold responsible for accuracy of reporting
information and data;
k) compensate for damage caused by mineral
production as per the law;
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m) close mines; improve and restore the environment
in accordance with this Law and environmental protection laws;
n) produce and submit reports on revision to
mineral salvaging license in accordance with this Law to competent mineral
authorities where quantities of minerals in unexpired mineral salvaging license
have been met without depleting the mineral reserve;
o) perform other obligations as per the law.
3. The Government shall elaborate Point c and Point
h Clause 1, Point e and Point h Clause 2 of this Article; prescribe the roadmap
for implementing connection to information and data system on mining operations
detailed under Point g Clause 2 of this Article.
4. The Minister of Natural Resources and
Environment shall elaborate Point dd, g, i, and n Clause 2 of this Article.
Article 71. Revocation of
mineral salvaging license
1. Mineral salvaging
license shall be revoked if:
a) The license is issued in a manner that does not
respect issuing authority or violates regulations of the law;
b) Mining operations are prohibited or temporarily
suspended at mineral salvaging sites;
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d) Organizations and individuals licensed to
conduct mineral salvaging infringe their obligations in mineral production to a
serious extent.
2. Mineral salvaging
license shall be terminated if:
a) The license is revoked; or
b) Term of mineral salvaging license expires and
license extension is not eligible;
c) The license relinquished; or
d) Organization licensed to conduct mineral
salvaging is dissolved or go bankrupt; or
dd) License holder has their business registration
certificate, cooperative registration certificate, joint cooperative
registration certificate, or household business certificate revoked in
accordance with corporate, cooperative laws; or
e) Investment project of license holder is
terminated by competent authorities in accordance with investment laws; or
g) Land of mineral production projects where
license holder conducts mineral salvaging is expropriated by competent
authorities due to violation of land laws; or
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3. Where mineral salvaging
license is terminated in accordance with Point a, b, dd, e, g, and h Clause 2
Article, organizations and individuals conducting mineral salvaging have the
obligation to exercise Clause 3 Article 66 hereof.
4. Organization and
individuals conducting mineral salvaging and having their mineral salvaging
license revoked under Point b and Point c Clause 1 of this Article shall be
compensated as per the law.
5. The Government shall
elaborate Point d Clause 1 and Clause 4 of this Article; procedures for
revocation of mineral salvaging license.
Section 4. GROUP IV MINERAL
PRODUCTION
Article 72. Organizations and
individuals conducting group IV mineral production
Organizations and individuals eligible for group IV
mineral production license include:
1. Organizations and
individuals under Article 53 hereof;
2. Organizations approved
or selected by competent authorities as construction contractors for:
a) Construction of projects of national importance,
emergency public investment projects, structures and work items under national
target programs in accordance with public investment laws;
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Article 73. General provisions
pertaining to group IV mineral production
1. Group IV mineral production shall be implemented
as follows:
a) Application for mineral exploration license is not
required; survey and general evaluation pertaining to minerals to be produced
are required;
b) Issuance of mineral production license shall
conform to Clause 2 of this Article and Article 74 hereof except for mineral
salvaging.
2. Group IV mineral production principles include:
a) Mineral production shall only be permitted where
no other organizations and individuals are conducting lawful mineral
exploration or production;
b) Group IV mineral production at sites of national
mineral reservation must not affect resource, reserve, quality of reserved
minerals. Term of group IV mineral production at sites of national mineral
reservation must not be longer than reservation duration;
c) Issuance of mineral production license is not
based on geological and mineral management solutions under Clause 2 Article 12
hereof;
d) Where group IV mineral production serves
projects, structures, work items, emergency mobilization under Clause 2 Article
72 hereof, submission of investment guidelines to competent authorities for
approval, submission of investment projects to competent authorities for
approval, and submission of appraisal results of environmental impact report to
competent authorities for approval, environment license issuance, environment
registration are not required; group IV mineral production plans must be
developed and submitted to competent authority for consideration and issuance
of mineral production license in accordance with this Law.
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a) conduct mineral production in accordance with
mineral production license issued by competent authorities;
b) store, transport, sell, and exercise other
ownership rights in respect of extracted minerals as per the law;
c) apply for extension, re-issuance, revision, and
relinquishment of mineral production license;
d) file complaints or lawsuits in as per the law;
dd) exercise other rights as per the law.
4. Organizations and individuals conducting group
IV mineral production have the obligation to:
a) pay mineral production licensing fee, taxes,
fees, and charges as per the law;
b) prioritize local labor for mineral production
and relevant services;
c) maximize mineral production in accordance with
mineral production license;
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dd) guarantee occupational safety, hygiene, and
technical safety in mineral production; exercise regulations on management and
protection of technical infrastructures and environment protective measures as
per the law; assign mine coordinators in accordance Article 62 hereof;
e) comply with regulations on inspection,
examination, and control of mining operations in accordance with this Law,
inspection laws, and other relevant law provisions;
g) control quantities of minerals extracted before
transporting out of mineral production sites;
h) submit reports on mineral production to
competent authorities and be hold responsible for accuracy of reporting
information and data;
i) close mines in accordance with this Law and
renovate, remediate the environment in accordance with environmental protection
laws;
k) perform other obligations as per the law.
5. The Government shall elaborate protection,
renovation, and remediation of the environment in group IV mineral production;
prescribe handling of residual minerals under Point d Clause 2 of this Article.
6. The Minister of Natural Resources and
Environment shall elaborate Point a Clause 1, Point d Clause 2, and Point h
Clause 4 of this Article.
Article 74. Issuance of group
IV mineral production license
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2. The Government shall
prescribe appraising authority; term of group IV mineral production license,
extension, revision, relinquishment, revocation, and termination of group IV
mineral production license; prescribe application and procedures for issuance,
extension, revision, relinquishment, and revocation of group IV mineral
production license.
3. The Minister of Natural
Resources and Environment shall prescribe form of group IV mineral production
license and application for group IV mineral production license.
Section 5. MINERAL RECOVERY
Article 75. General provisions
pertaining to mineral recovery
1. Organizations and individuals shall be eligible
for issuance of mineral recovery verification when:
a) Cases detailed under Point d Clause 1 Article 59
and Point c Clause 1 Article 70 hereof apply;
b) Project developers or investors incorporate
mineral recovery in construction sites of work items of investment projects
under approval or permission of competent authorities, including minerals in
sites of prohibited or temporarily suspended mining operations and minerals in
sites of national mineral reservation;
c) Project developers or investors conduct dredging
operations in combination with product recovery in form of minerals in seaport
waters, fish port waters, asylum harbors, inland waterway, rivers, lakes, or
other waters, inundated land according to projects and plans approved by
competent authorities;
d) Land users who carry out structural renovation
and construction work on homestead land or agricultural land may recover group
III and group IV minerals found via the aforementioned renovation and
construction work;
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2. Mineral recovery under
Clause 1 of this Article does not apply to natural mineral water, geothermal
spring but must adhere to principles below:
a) In respect of Points a, b, c and dd Clause 1 of
this Article, mineral recovery is only allowed if surface leveling or earthwork
is required to accommodate construction process or dredging is required
according to project design; mine closure schemes, mine closure plans approved
or accepted by competent authorities;
b) In respect of Point d Clause 1 of this Article,
land users shall only recover minerals if surface leveling or earthwork is
required to accommodate construction of work items.
3. In case of group I
mineral recovery under Point b and Point c Clause 1 of this Article, project
developers or investors must evaluate economic effectiveness of mineral
recovery and report to competent authorities.
4. In respect of group II,
group III, or group IV mineral recovery in accordance with Clause 1 of this
Article:
a) Minerals can be used for the purpose of
construction under these projects, schemes, and plans;
b) Minerals can be provided for other structures
and projects.
5. Organizations and
individuals conducting mineral recovery must register recovery operation with
competent mineral authorities except for cases detailed under Point a Clause 1
and Point a Clause 4 of this Article.
6. The Government shall
elaborate this Article; handling of minerals in case recovery is not conducted;
entitlement, documents, and procedures for verification of mineral recovery
registration.
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1. Organizations and
individuals conducting mineral recovery have the right to:
a) conduct mineral recovery in accordance with written
verification of mineral recovery registration issued by competent authority;
b) store, transport, sell, export, and execute
other ownership rights in respect of recovered minerals as per the law;
c) exercise other rights as per the law.
2. Organizations and
individuals conducting mineral recovery have the obligation to:
a) pay mineral production licensing fee, taxes,
fees, and charges as per the law, except for cases detailed under Clause 3
Article 98 hereof;
b) exercise regulations on management and
protection of technical infrastructures and environmental protective measures
as per the law;
c) submit reports on mineral recovery results to
competent authorities in accordance with regulations of the Minister of Natural
Resources and Environment and assume responsibility for accuracy of reporting
information and data;
d) compensate for damage caused by mineral
recovery;
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Section 6. MINERAL PROCESSING
Article 77. Organizations and
individuals processing minerals
Organizations and individuals processing minerals
(hereinafter referred to as “mineral processors”) include organizations,
individuals licensed to conduct mineral production, mineral salvaging and
processing minerals in accordance with mineral production investment projects.
Article 78. General provisions
pertaining to mineral processing
1. Mineral processing must adhere to principles
below:
a) Compliance with group I mineral planning, group
II mineral planning, or national industry planning and provincial planning is
satisfied;
b) Mineral processing conforms to mineral laws,
investment laws, and other relevant provisions of the law;
c) Minerals to be processed must be of lawful
origin as per the law.
2. Mineral processors must adopt advanced
technology, modern equipment, save resources, energy, water, and protect the
environment.
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Chapter VII
ENVIRONMENTAL PROTECTION
IN MINERAL PRODUCTION; MINE CLOSURE
Section 1. ENVIRONMENTAL PROTECTION
IN MINERAL PRODUCTION
Article 79. General provisions
pertaining to environmental protection in mineral production
1. Organizations and individuals conducting mineral
production shall prioritize environmentally friendly technology, equipment, and
materials; adopt measures for preventing, minimizing environmental impact,
renovating, remediating the environment in accordance with environment laws and
other relevant provisions of the law.
2. Organizations and individuals conducting mining
operations shall take actions to protect, renovate, and remediate the
environment and incur relevant costs.
Article 80. Details of
environmental protection in mineral production
1. Environmental protection in mineral production
shall conform to environmental protection laws.
2. Requirements pertaining to risk management under
Article 60 hereof shall be adhered to.
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Article 81. General
requirements pertaining to mine closure
The following requirements must be met for the
purpose of mine closure:
1. Adequate inventory of
mineral reserve and extracted mineral quantities and examination of remaining
mineral reserve are implemented;
2. Natural environment
including soil, water, vegetation, scenery of mining sites after production are
renovated and remediated in accordance with environmental protection laws in
part or in whole;
3. Stability and safety of
the mining site are guaranteed after mine closure;
4. Land use efficiency
following mineral production is optimized.
Article 82. Mine closure
schemes, mine closure plans
1. Other than cases
detailed under Clauses 2, 3, and 4 of this Article, organizations and
individuals conducting mineral production and/or mineral salvaging must develop
mine closure schemes for the entirety or part of mining sites where:
a) Mineral reserve within mineral production area
and depth has been depleted; or
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c) Mineral salvaging license is terminated in
accordance with Points a, b, dd, e, g, and h Clause 2 Article 71 hereof; or
d) Mineral production term under mineral production
license, mineral salvaging license has expired and extension, re-issuance is
not feasible; or
dd) License holder applies for relinquishment of
mineral production license or mineral salvaging license.
2. Other than cases
detailed in Clause 3 and Clause 4 of this Article, only mine closure plans
shall be required in respect of:
a) License to produce natural mineral water,
geothermal spring, minerals in river bed, lake bed, or in the middle of sea
waters;
b) Partial relinquishment of area where mineral
production has completed.
3. Other than cases
detailed in Clause 4 of this Article, mine closure in respect of group IV
mineral shall be implemented as follows:
a) Requirements under Article 81 hereof are met;
b) Appraisal and approval of mine closure schemes
and approval of mine closure plans are not required.
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a) Mineral production license or mineral salvaging
license is terminated before mining operations begin; or
b) Mineral production license or mineral salvaging
license expires and amendment, extension, re-issuance is under consideration;
c) License holder applies for relinquishment of
mineral production license or mineral salvaging license before conducting
mineral production.
5. The Minister of Natural
Resources and Environment shall regulate details of mine closure schemes and
mine closure plans.
Article 83. Appraisal and
approval of mine closure schemes, approval of mine closure plans
1. Organizations and
individuals conducting mineral production and mentioned under Clause 1 Article
82 hereof shall submit request for appraisal and approval of mine closure
schemes, approval of mine closure plans to competent authorities under Article
108 hereof before closing mines.
2. Competent authorities
shall approve and/or revise mine closure schemes in accordance with Article 108
hereof.
3. Appraisal of mine
closure schemes shall be conducted by Council for appraisal of mine closure
schemes.
4. Decision approving mine
closure scheme shall serve as the basis for:
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b) Implementation of rights and obligations of
organizations and individuals under Article 85 hereof.
5. Organizations and
individuals under Clause 1 Article 82 hereof have the obligation to prepare
written request for revision of mine closure schemes in case of changes to
time, quantities of work items, expenses in approved closure schemes.
6. In respect of cases
detailed under Clause 2 Article 82 hereof, organizations and individuals have
the responsibility to develop and submit mine closure plans to competent
authorities under Article 108 for consideration and approval in writing before
closing mines.
7. The Government shall
elaborate Clauses 1, 2, 3, 5, and 6 of this Article; prescribe documents and
procedures for appraisal, approval, revision of mine closure schemes, approval
of mine closure plans.
Article 84. Mine closure
1. Organizations and
individuals conducting mineral production and mentioned under Clause 1 and
Clause 2 Article 82 hereof shall implement mine closure after competent
authorities under Article 108 hereof approve mine closure schemes or mine
closure plans.
Organizations and individuals conducting group IV mineral
production shall close mines and submit reports on mine closure results to
competent authorities under Article 108 hereof.
2. Where license is
terminated in accordance with Point d Clause 2 Article 66 or Point d Clause 2
Article 71 hereof or where organizations and individuals conducting mineral
production are incapable of carrying out mine closure, development and
implementation of mine closure schemes shall be carried out by competent
entities selected in accordance with bidding laws. Entitlement to selection
entities carrying out mine closure:
a) The Ministry of Natural Resources and
Environment shall decide in case of mineral production license or equivalent
documents issued by central authorities;
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3. Expenditure on mine
closure under Clause 2 of this Article is sourced from:
a) Deposit for environmental renovation and
remediation of organizations and individuals licensed to conduct mineral
production or mineral salvaging;
b) Expenditure on handling of assets of
enterprises, cooperatives that arise after decision declaring dissolution or
bankruptcy of enterprises and cooperatives (if any) is issued in accordance
with enterprise laws, cooperative laws, bankruptcy laws;
c) Where amounts under Point a and Point b of this
Clause are not sufficient for mine closure, the remaining expenditure shall be
sourced from state budget in accordance with state budget laws.
4. The Government shall
elaborate this Article; prescribe entities, documents, and procedures for
deciding mine closure.
Article 85. Rights and
obligations of organizations and individuals implementing mine closure
1. Organizations and
individuals implementing mine closure have the right to:
a) receive partial or total environmental
renovation and remediation deposit refund after closing mines of a part or the
entire mineral production sites in accordance with approved mine closure
schemes or approved mine closure plans;
b) adjust schedule and quantities of work items in
mine closure schemes or mine closure plans after obtaining permission of
competent authorities;
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d) recover minerals during mine closure process;
dd) exercise other rights as per the law.
2. Organizations and
individuals implementing mine closure have the obligation to:
a) protect unextracted minerals within sites of
mine closure schemes or mine closure plans until the sites are handed over to
local government;
b) adopt environmental protection, renovation, and
remediation measures in accordance with environmental protection laws;
c) implement work items in accordance with schedule
provided in mine closure schemes or mine closure plans;
d) maintain occupational safety and environmental
protection during mine closure process;
dd) submit reports on mine closure results to
competent authorities;
e) fulfill financial obligations that arise during
mine closure process;
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h) compensate for damage caused by mine closure;
i) perform other obligations as per the law.
Chapter VIII
MANAGEMENT OF RIVER BED,
LAKE BED, AND SEA WATERS SAND AND GRAVEL
Article 86. Principles of
exploration, production, and recovery of river bed, lake bed, sea waters sand
and gravel
1. Exploration and
production of river bed, lake bed, sea waters sand and gravel shall adhere to
regulations applicable to group II or group III minerals under this Law and
satisfy requirements below:
a) Production shall be controlled and supervised
via modern equipment and technology so as to control changes to mineral
reserve; safety risks and serious effect on the environment; risks of
landslide, erosion, instability of river bed, lake bed, coasts;
b) Production must undergo impact assessment in
accordance with water resource laws, marine resource and environment laws,
environmental protection laws, and other relevant law provisions.
2. Dredging combined with
recovery of minerals in seaport waters, fish port waters, asylum harbors,
inland waterway, rivers, lakes of hydroelectricity infrastructures, lakes of
irrigation infrastructures shall conform to this Law and satisfy requirements
below:
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b) Dredging operations must not be taken advantage
of for unlawful production of sand or gravel;
c) Register mineral recovery with competent
authorities as per the law.
3. Where mineral quantities
for production under mineral production license have been met, production must
be ceased and procedures for mine closure shall be adopted.
4. The Government shall
elaborate this Article.
Article 87. Principles of
issuance of river bed, lake bed, sea waters sand, gravel production license
Issuance of river bed, lake bed, sea waters sand,
gravel production license shall adhere to principles defined under Clause 1
Article 43, Clause 1 Article 55 hereof and the following requirements:
1. Competent authorities
that issue mineral production license, river bed, lake bed, sea waters sand,
gravel production license are responsible for consulting relevant agencies and
organizations before issuing the license;
2. Where sites of river
bed, lake bed, sea waters sand, gravel production adjoin at least 2
province-level administrative division levels, provincial People’s Committees
of provinces where applicants submit application must consult provincial
People’s Committees of provinces that contain the sites in writing;
3. Effective period of
river bed, lake bed, sea waters sand, gravel production license shall be at
most 10 years. Where effective period of production license is below 10 years
and quantities of minerals in production license have not been met, the license
shall be eligible for extension or re-issuance as long as the total effective
period after extension, re-issuance does not exceed 10 years;
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5. The Government shall
elaborate this Article.
Article 88. Rights and
obligations of organizations and individuals conducting river bed, lake bed,
sea waters sand, gravel production
1. Exercise rights under
Clause 1 Article 59 hereof.
2. Fulfill obligations
under Points a, b, c, d, dd, e, g, h, i, k, l, m, and o Clause 2 Article 59
hereof and requirements below:
a) Register docks, consolidation yards, types of
instrument and equipment used for production and transport of sand and gravel
in accordance with inland waterway traffic and other relevant law provisions;
b) Install devices for monitoring GPS location,
storing data and information on location and trips of vehicles and equipment
for production and transport of sand and gravel which are connected to mineral
information and data system of provincial People's Committees and Ministry of
Natural Resources and Environment;
c) Sign transport service agreements with eligible
vehicle operators as per the law if organizations and individuals conducting
production are not directly in charge of transport;
d) Install public notice regarding production
license and production projects;
dd) Exercise obligations and responsibilities
pertaining to natural disaster preparedness and prevention as per the law;
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3. The Government shall
elaborate Clause 2 of this Article.
Chapter IX
GEOLOGY AND MINERAL
INFORMATION, DATA
Article 89. Geology and
mineral information, data
1. Geology and mineral
information, data include:
a) Geological reconnaissance data;
b) Mineral survey data;
c) Monitoring and warning data in geological
reconnaissance, geo-environment, geological accidents;
d) Geology, mineral production and use data;
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e) Results of geology, mineral inventory and
examination;
g) Other data related to geological survey,
geological resource survey, mineral survey of Vietnam and other countries;
h) Information and data pertaining to mineral
exploration and production license;
i) Information and data in periodic reports on
mining operations and mine closure; inspection results;
k) Information and data pertaining to sites where
mining operations are prohibited or temporarily suspended;
l) Information and data of areas where mineral
production right is auctioned, areas where mineral production right is not
auctioned;
m) Information and data on mineral exploration
results;
n) Geological, mineral, museum specimens.
2. Geological and mineral
information, data shall be consistent, developed into unified system across the
country, serve multiple purposes, conform to national and international
technical regulations and standards recognized in Vietnam, serve development,
management, operation, and use of geology and mineral database, including:
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b) Digital infrastructures, software system,
information safety system.
3. Geology and mineral
database is a unified information hub of all geological reconnaissance, mineral
survey, geological resource survey results; mining operation results in Vietnam
developed, updated, kept, and managed in a manner that satisfies access,
search, and use demands from central government to local government and
accommodate state management demand in geology and minerals.
4. The Ministry of Natural
Resources and Environment shall take charge and cooperate with ministries,
ministerial agencies, Governmental agencies, provincial People’s Committees in
developing geology and mineral database. The Minister of Natural Resources and
Environment shall prescribe forms of information and data pertaining to geology
and mineral.
5. The Government shall
elaborate development of geology and mineral database.
Article 90. Submission and
reception of geology and mineral information, data
1. Organizations conducting
geological reconnaissance, mineral survey, and mineral exploration have the
responsibility to submit:
a) Reports on geological reconnaissance, mineral
survey, mineral exploration results;
b) Documents collected in execution of schemes,
projects, tasks pertaining to geological reconnaissance, mineral survey,
mineral exploration;
c) Geological, mineral specimens, museum specimens
collected in execution of schemes, projects, and tasks pertaining to geological
reconnaissance, mineral survey, mineral exploration.
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3. Agencies storing
geology, mineral information and data; Geology and Mineral Museum under Article
93 hereof are responsible for collecting, storing, preserving geology and mineral
information, data under Clause 1 and Clause 2 of this Article in accordance
with this Law and regulations of the law on storage, museum.
4. The Government shall
elaborate Clauses 1, 2, and 3 of this Article.
5. The Minister of Natural
Resources and Environment shall prescribe forms of documents, reports; list and
form of geological, mineral, museum specimens under Clause 1 of this Article.
Article 91. Storage and
preservation of geology and mineral information, data
1. Geology and mineral
information, data under Clause 1 Article 89 hereof shall be stored, preserved,
and protected in accordance with this Law and regulations of the law on storage
and protection of state secrets.
2. Duration of storage
shall be determined for individual type of information and data as per the
laws.
3. Geology and mineral
information data, specimens that have been damaged beyond restoration or have
been exhausted shall only be destroyed after obtaining permission from
competent authorities as per the law.
Article 92. Provision, access,
and use of geology and mineral information, data
1. Methods for accessing
and using geology and mineral information, data include:
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b) Accessing and using information, data via
written request;
c) Accessing and using information, data via
contracts between entities managing information, data and entities accessing
and using information, data as per the law.
2. Entities eligible for
accessing, using geology and mineral information, data include:
a) Organizations and individuals that wish to
access and use information, data as per the law;
b) Competent state authorities.
3. The Government shall
elaborate this Article.
Article 93. Responsibilities
of agencies storing geology and mineral information, data; Geology and Mineral
Museum
1. Agencies geology and
mineral information, data have the responsibility to:
a) examine and receive geology and mineral
information, data as per the law;
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c) manage and protect storage of geological
documents; provide geology and mineral information, data in accordance with
regulations of the law on cyberinformation storage and safety and other
relevant law provisions; operate geology and mineral database.
2. Geology and Mineral
Museum affiliated to Vietnam National Museum of Nature, geology authorities of
the Ministry of Natural Resources and Environment has the responsibility to:
a) store and preserve geology and mineral specimens
submitted;
d) introduce to geological sites, heritages, geo-parks,
proof of creation and development of the Earth’s crust and history of Vietnam’s
geology;
c) exhibit and provide geology, mineral specimens
for state management of geology and minerals and satisfy research, study,
visitation, and appreciation of the general public.
Article 94. Responsibilities
of organizations and individuals accessing, using geology and mineral
information, data
1. Use provided information
and data for the right purposes.
2. Access and use
information, data in a law-compliant manner.
3. Avoid unlawfully
transferring geology and mineral information, data to a third party.
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5. Pay fees, charges and
fulfill other financial obligations in accordance with this Law and fee, charge
laws.
6. Promptly inform
information, data authorities about errors in provided information and data.
7. The Government shall
elaborate Clause 3 of this Article.
Chapter X
GEOLOGY AND MINERAL
FINANCE AND MINERAL PRODUCTION AUCTION
Section 1. GEOLOGY AND
MINERAL FINANCE
Article 95. State budget
revenues generated by geological reconnaissance, mineral survey, mining
operations, and mineral recovery
1. Taxes, fees, and charges in accordance with tax,
fee, charge laws.
2. Refunded costs for mineral potential evaluation
and mineral exploration funded by the Government in accordance with this Law.
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Article 96. Principles of
determining refund of mineral potential evaluation and mineral exploration
funded by the Government
1. Organizations and individuals conducting mineral
production must refund costs for mineral potential evaluation and mineral
exploration funded by the Government, except for cases detailed in Clause 2 of
this Article, including:
a) Cases where the Ministry of Natural Resources
and Environment issues mineral production license;
b) Cases where provincial People’s Committees
invest in evaluation of mineral potential, mineral exploration for the purpose
of mineral production right auction;
c) Cases where natural mineral water or geothermal
spring is produced.
2. Cases where costs for mineral potential
evaluation and mineral exploration funded by the Government are not refunded
include:
a) Cases detailed under Point a Clause 1 of this
Article where mineral potential evaluation reports covering area and depth of
mineral production sites only identify estimated resources or estimated
resource equivalent;
b) Cases where mineral production licensing
authority complies with Clause 2 Article 108 hereof, except for cases detailed
in Point b and Point c Clause 1 of this Article;
c) Cases under Article 75 hereof.
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4. The government shall elaborate procedures and
methods for refunding, collection, management, and use of costs for evaluation
of mineral potential and mineral exploration to be refunded.
5. The Minister of Natural Resources and
Environment shall provide guidelines for determination, forms in documents on
determining costs for mineral potential evaluation and mineral exploration for
refund.
Article 97. Refund of mineral
exploration costs between organizations and individuals
1. Organizations and individuals conducting mineral
exploration must refund mineral exploration costs to organizations and
individuals that have made investments in mineral exploration as follows:
a) Within time limit defined under Clause 1 Article
48 hereof, refund of mineral exploration costs shall be determined via
negotiation;
b) After the time limit defined under Clause 1
Article 48 hereof, refund of mineral exploration costs shall be determined by competent
authorities under Article 108 hereof.
2. Where organizations and individuals that make
investments in mineral exploration are declared bankrupt or dissolved at which
point right to access of mineral exploration information and results are not
legally transferred to other organizations and individuals, mineral exploration
information and results shall be handled in accordance with civil laws.
3. Organizations and individuals applying for mineral
production license shall have obligation to incur costs for determining refund
for entities tasked with determining mineral exploration costs.
4. The Government shall elaborate this Article;
prescribe refund of mineral exploration costs in case organizations and
individuals that have made investment in mineral exploration no longer operate
at registered business address or do not receive refund for mineral exploration
costs according to decision of competent authorities or right to access of mineral
exploration information and results in respect of minerals subject to disputes.
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1. The Government shall collect mineral production
licensing fee regardless of whether or not mineral production right is auctioned.
2. Organizations and individuals conducting mineral
production and mineral recovery must pay mineral production licensing fee,
except for cases detailed under Clause 3 of this Article.
3. Cases where mineral production licensing fee is
not required include:
a) Recovery of minerals in construction projects
approved or permitted by competent authorities where recovered minerals are
used for the construction process;
b) Quantities of group III minerals (other than
mineral mud, natural mineral water, geothermal spring, and peat), group IV
minerals that are produced under mineral production license applicable to
minerals used in work items of the production projects or work items of
relevant mine closure schemes and mine closure plans;
c) Mineral recovery on land under use right of
individual or individuals for construction works in the land area.
Article 99. Methods for
determining, collecting, finalizing mineral production licensing fee
1. Mineral production licensing fee shall be
determined on the basis:
a) Mineral quantities and reserve permitted for
production (production quantities in case of natural mineral water, geothermal
spring) in mineral production license, mineral salvaging license or quantities
of minerals permitted for production, recovery;
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c) Rate of mineral production licensing fee
payment.
2. Mineral production licensing fee under Clause 1
of this Article shall be collected on an annual basis.
3. Mineral production licensing fee shall be
finalized in accordance with actual produced quantities.
4. Management of mineral production licensing fee
shall conform to tax administration laws.
5. The Government shall elaborate this Article.
Section 2. MINERAL PRODUCTION
RIGHT AUCTION
Article 100. Sites where
mineral production right is auctioned, sites where mineral production right is
not auctioned
1. Mineral production right shall be auctioned in
sites of mineral production, mineral salvaging, group IV mineral production
except for cases detailed under Clause 2 Article 72, Clause 3 and Clause 4 of
this Article.
2. Mineral production right may not be auctioned so
as to maintain energy security; serve national defense and security,
effectively use strategic, important minerals; secure materials and resources
for projects of national importance, emergency projects, structures and work
items under national target programs.
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4. Provincial People’s Committees shall identify,
approve, adjust sites where mineral production right is not auctioned under
licensing authority of provincial People’s Committees.
5. The Government shall prescribe eligibility of
sites where mineral production right is not auctioned.
Article 101. Principles of
mineral production right auction
1. Auction of mineral production
right shall conform to principles defined under the Law on Auction and
principles below:
a) Mineral production right shall only be auctioned
in respect of sites where competent authorities under Article 108 hereof
approve mineral production right;
b) Auction of mineral production right shall only
be commenced in the presence of at least 2 eligible organizations, individuals.
2. The Ministry of Natural
Resources and Environment and provincial People’s Committees shall organize auction
of mineral production right for sites where mineral production right auction
plans are approved under their licensing authority.
3. The Government shall
elaborate development and approval of mineral production right auction plans.
Article 102. Starting price,
increment, deposit
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2. Price increment shall be at
least 1% and at most 10% of starting price.
3. Organizations and
individuals awarded with mineral production right shall receive their deposit
where:
a) They have obtained mineral exploration license
where mineral exploration results at sites of auctioned mineral production
right are not available except for auction of mineral production right at sites
of mineral salvaging, group IV mineral sites;
b) They have obtained mineral production license
where mineral exploration results at sites of auctioned mineral production
right are available, sites of mineral salvaging, group IV mineral sites;
c) They are denied mineral exploration license by
competent authorities in respect of auction of mineral production right at
sites where mineral exploration results are not available through no fault of
their own except for auction of mineral production right at sites of mineral
salvaging, group IV mineral sites;
d) They are denied mineral exploration license by
competent authorities in respect of auction of mineral production right at
sites where mineral exploration results are available, sites of mineral
salvaging, group IV mineral site through no fault of their own;
dd) Results of mineral production right auction are
cancelled in accordance with auction laws.
4. Where organizations and
individuals awarded with mineral production right fail to fulfill obligations
under Point a and Point b Clause 2 Article 104 hereof, their deposit shall not be
refunded but submitted to state budget except for cases under Point c and Point
d Clause 3 of this Article.
5. The Government shall
elaborate methods for determining deposits.
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1. Organizations and
individuals shall be eligible for auction of mineral production right if:
a) They have adequate documents on auction of
mineral production right as per the law; and
b) They meet requirements under Article 37 hereof
in case of auction of mineral production right at sites where mineral
exploration results are not available or Article 53 hereof in case of auction
of mineral production right at sites where mineral exploration results are
available. In respect of auction of mineral production right at mineral
salvaging sites or group IV mineral production sites, they meet requirements
under Article 53 hereof; and
c) They have obtained mineral production license,
mineral salvaging license at the time in which they apply for auction of mineral
production right and have fulfilled financial obligations pertaining to mineral
production licensing fee, environmental protection fee in mineral production,
severance tax for minerals, environmental protection deposit in mineral
production as per the law in case of mineral production license and mineral
salvaging license; and
d) They are not prohibited from participating in
auction of mineral production right in accordance with auction laws.
2. Organizations and
individuals may participate in auction of mineral production right if:
a) They are eligible for auction of mineral
production right; and
b) They have submitted deposit.
3. The Government shall
prescribe application for auction of mineral production right, specific
provisions and roadmap for implementation of Point c Clause 1 of this Article.
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1. Organizations and
individuals awarded mineral production right have the right to:
a) access mineral information related to sites at
which they are awarded mineral production right;
b) obtain mineral exploration license, mineral
production license, mineral salvaging license after completing application for
mineral exploration license, mineral production license, mineral salvaging
license in accordance with this Law;
c) exercise other rights in accordance with the Law
on Auction and other relevant law provisions.
2. Organizations and
individuals awarded mineral production right have the obligation to:
a) Where awarded mineral production right is
applicable at sites where mineral exploration results are not available, within
12 months from the date on which auction of mineral production ends, the organizations
and individuals must submit application for mineral exploration license to
competent authorities, except for mineral production right for mineral
salvaging sites, group IV mineral sites;
b) Where the organizations and individuals are
awarded mineral production right for sites where mineral exploration results
are available, mineral salvaging sites, or group IV mineral sites, within 36
months from the date on which auction of mineral production right is held, the
organizations and individuals must submit application for mineral production
license, mineral salvaging license to competent authorities; a maximum 12-month
extension of this time limit is permitted in case of force majeure or changes
in Government’s policies;
c) exercise other rights in accordance with the Law
on Auction and other relevant law provisions.
Article 105. Methods for
determining mineral production licensing fee, collection, payment, and
management of mineral production licensing fee in sites of awarded mineral
production right
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2. Percentage of mineral
production licensing fee payment for byproduct minerals discovered during
mineral exploration and production following auction of mineral production
right and permitted for production and recovery by competent authority shall be
determined by percentage of mineral production licensing fee applicable to
minerals of the same types in sites where mineral production right is not
auctioned.
3. Percentage of mineral
production licensing fee payment for minerals put up for auction of mineral
production right shall be applied and unchanged throughout mineral production
term, including period of amendment, extension, re-issuance of mineral
production license.
4. Where a minimum of 2
mineral types have been determined at sites of minerals put up for auction of
mineral production right, competent licensing authorities under Article 108
hereof shall choose a mineral type to put up for auction of mineral production
right. Percentage of mineral production licensing fee payment for remaining
minerals shall be determined by percentage of mineral production licensing fee
payment for minerals of which production right is awarded.
5. The Government shall
elaborate Clause 4 of this Article; prescribe procedures for approving results
of mineral production right auction.
Article 106. Cancellation of
decision approving results of mineral production right auction
1. The Ministry of Natural
Resources and Environment and provincial People’s Committees shall promulgate
decision on cancellation of decision approving results of mineral production
right auction within their powers when:
a) Organizations and individuals awarded mineral
production right fail to fulfill obligations under Point a or Point b Clause 2
Article 104 hereof;
b) Organizations and individuals awarded mineral
production right in sites where mineral exploration results are not available
lose their privilege for the purpose of applying for mineral production license
in accordance with Clause 2 Article 48 hereof; lose the right to request
recognition of mineral exploration results in accordance with Clause 4 Article
50 hereof.
2. Decision approving results
of mineral production right auction shall be terminated where:
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b) Mineral production license is revoked in
accordance with Points b, c, and d Clause 1 Article 52 or terminated in
accordance with Points c, d, dd, and e Clause 2 Article 52 hereof;
c) Mineral production license, mineral salvaging
license is revoked or terminated in accordance with this Law unless the license
is issued in a manner that does not respect licensing power.
Chapter XI
STATE MANAGEMENT
RESPONSIBILITY FOR GEOLOGY AND MINERAL
Article 107. State management
responsibility for geology and mineral
1. The Government shall
implement unified state management for geology and mineral.
2. The Ministry of Natural
Resources and Environment shall act as liaison for the purpose of assisting the
Government in implementing state management for geology and mineral and, within
their tasks and powers, have responsibility to:
a) consolidate geological reconnaissance, mineral
survey results; access and use geological resources; conduct mining operations;
manage geology and mineral information, data;
b) zone and announce sites of scattered minerals;
zone and request Prime Minister to approve sites of national mineral
reservation and list of strategic, important minerals;
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d) act as liaison to consolidate international
cooperation in conducting geological reconnaissance and study, mineral survey,
and management of mining operations;
dd) exercise other responsibilities under this Law.
3. Ministries and ministerial agencies shall
exercise state management responsibilities within their tasks and powers and
cooperate with the Ministry of Natural Resources and Environment in exercising
state management responsibilities for geology and mineral in accordance with
this Law and other relevant law provisions.
4. Provincial People’s Committees, within their
tasks and powers, have responsibility to:
a) promulgate regulation on cooperation between
local governments or between local governments and ministries, central departments
in state management for minerals;
b) appraise and approve schemes, reports on
geological reconnaissance results in respect of schemes, projects, and tasks
approved or accepted by competent authorities and funded by local government
budget according to approved planning;
c) appraise and approve schemes, reports on
potential evaluation results in respect of group III minerals, group IV
minerals funded by local government budget in accordance with approved
planning;
d) store geology and mineral information, data in
their provinces;
dd) organize and coordinate inspection, examination
regarding geology and minerals in their provinces; handle complaints and
denunciations pertaining to geology and minerals, take actions against
violation of the law in geology and mineral; control and supervise mining
operations and mineral recovery in their provinces;
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g) submit reports on local geological and mining
operations to central geology and mineral authorities;
h) exercise other responsibilities under this Law.
5. The Government shall
elaborate geological and mineral inspection.
Article 108. Entitlement to
issuance of mineral exploration license, mineral production license
1. Other than cases detailed under Clause 2 of this
Article, the Ministry of Natural Resources and Environment shall issue:
a) Group I, group II mineral exploration license;
b) Group I, group II mineral production license.
2. Provincial People’s Committees shall issue:
a) Group III mineral exploration license, group III
mineral production license; group IV mineral production license;
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c) Group I, group II, and group III mineral
salvaging license.
3. Licensing authority of mineral exploration
license, mineral production license, and mineral salvaging license of a mineral
type have the power to re-issue, extend, amend, revoke, approve transfer,
relinquishment, issuance of corresponding license; except for cases detailed
under Clause 4 of this Article and Point b Clause 2 Article 111 hereof.
4. The Government shall prescribe entitlement to issuance
and amendment to mineral production license issued by provincial People’s
Committees in case reserve of byproduct minerals is within licensing power of
the Ministry of Natural Resources and Environment.
Chapter XII
IMPLEMENTATION
Article 109. Amendments to
articles of relevant laws
1. Amendments to the Law on Environmental
Protection No. 72/2020/QH14 amended by Law No. 11/2022/QH15, No. 16/2023/QH15,
and Law on No. 18/2023/QH15:
a) Amend Clause 2 Article 30:
“2. Entities under Clause 1 of this Article shall
not be required to conduct environmental impact assessment in respect of:
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b) Investment projects or production plans for
group IV minerals in accordance with geology, mineral laws of organizations
approved, selected by competent authorities as construction contractors to
serve projects of national importance, emergency public investment projects,
structures and work items under national target programs in accordance with
public investment laws, exercise emergency mobilization to promptly respond to
natural disasters, build natural disaster preparedness and prevention
structures in accordance with natural disaster preparedness and prevention
laws.”;
b) Amend Clause 3 Article 39:
“3. Entities under Clause 1 of this Article shall
be exempted from submitting environmental license in case of:
a) Emergency investment projects in accordance with
public investment laws;
b) Investment projects or production plans for
group IV minerals in accordance with geology, mineral laws of organizations
approved, selected by competent authorities as construction contractors to
serve projects of national importance, emergency public investment projects,
structures and work items under national target programs in accordance with
public investment laws, exercise emergency mobilization to promptly respond to
natural disasters, build natural disaster preparedness and prevention
structures in accordance with natural disaster preparedness and prevention
laws.”;
c) Insert Point b1 after Point b Clause 2 Article
49:
“b1) Investment projects or production plans for
group IV minerals in accordance with geology, mineral laws of organizations
approved, selected by competent authorities as construction contractors to
serve projects of national importance, emergency public investment projects,
structures and work items under national target programs in accordance with
public investment laws, exercise emergency mobilization to promptly respond to
natural disasters, build natural disaster preparedness and prevention
structures in accordance with natural disaster preparedness and prevention
laws;”.
2. Annul Point c Clause 1
Article 44 of the Law on Irrigation No. 08/2017/QH14 amended by the Law No.
35/2018/QH14, Law No. 59/2020/QH14, Law No. 72/2020/QH14, Law No. 16/2023/QH15,
and Law No. 28/2023/QH15.
3. Annul Article 14 of the Law
on Atomic Energy No. 18/2008/QH12 amended by the Law No. 35/2018/QH14 and the
Law No. 18/2023/QH15.
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1. This Law comes into force
from July 1, 2025, except Clause 2 and Clause 3 of this Article.
2. Pint d Clause 1 Article 6,
Article 72, Article 73, Article 74, and Clause 1 Article 109 hereof come into
force from January 15, 2025.
3. Point b Clause 2 Article
111 hereof comes into force from January 15, 2025 and conforms to Clause 1
Article 111 hereof.
4. The Law on Mineral No.
60/2010/QH12 amended by the Law No. 35/2018/QH14 expire from the effective date
hereof except for cases detailed under Clause 1, Point a Clause 2, Clauses 3,
5, 6, 7, 8, and 9 Article 111 hereof.
Article 111. Transition
clauses
1. Where organizations and
individuals have submitted applications to competent authorities for processing
in accordance with geology and mineral administrative procedures before the
effective date hereof and processing results are not available, the applicants
may choose to have procedures and entitlement applicable at the time of
application adopted or procedures and entitlement applicable in accordance with
this Law adopted.
2. In respect of licensed
organizations engaging in mining operations before the effective date hereof:
a) Licensed organizations and individuals shall
continue to conform to remaining effective period of license and decision
regarding mining operations except for Point b and Point c of this Clause;
b) Licensed organizations and individuals may
conform to this Law in case of extension, re-issuance, amendment,
relinquishment, transfer of mining operation license; approval of mine closure
schemes or mine closure plans; mine closure;
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3. Organizations and individuals
approved for mineral recovery before the effective date hereof shall continue
may continue until expiry of time limit defined under written approval.
4. Where competent authority
has approved mineral reserve before the effective date hereof, within 36 months
from the date on which the approval is granted, privilege for the purpose of
applying for mineral production license shall conform to Article 48 hereof
except for:
a) Mineral production license has been issued for
exploration sites;
b) Application for mineral production license has
been submitted to competent authorities in respect of exploration sites;
c) Auction plans for mineral production right has
been approved by competent authorities in respect of mineral exploration sites.
5. Decision approving
estimation results of mineral potential evaluation costs, mineral exploration
costs for refund funded by the Government promulgated before the effective date
hereof shall be processed as follows:
a) Where licensed organizations and individuals conduct
mineral production, they shall comply with approved decisions; where mineral
production license is amended after the effective date hereof, mineral
potential evaluation costs and mineral exploration costs funded by the
Government for additional mineral reserve (if any) shall be determined in
accordance with this Law;
b) Where unlicensed organizations and individuals
conduct mineral production, provisions hereunder shall apply unless they have
fulfilled relinquishment obligation.
6. Decision of competent
authority pertaining to mineral planning, sites of national mineral
reservation; approval of sites where mining operations are prohibited, sites
where mining operations are temporarily suspended, and sites of scattered
minerals; approval of sites where mineral production right is not auctioned
shall remain effective until decision on replacement is issued by competent
authorities.
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8. Competent authority shall
issue mineral exploration license and mineral production license for coal minerals
under general national energy planning approved before the effective date
hereof until decision adding coal minerals to group I mineral planning is
issued by competent authority.
Provincial People’s Committees shall issue mineral
exploration license and mineral production license for natural mineral water,
geothermal spring depending on mineral exploration, production, processing, and
use planning for mineral types approved before the effective date hereof until
superseding decision is issued.
9. Upon effective date hereof,
mineral production licensing fee and winning bid of mineral production right
for mineral production license, written permission for mineral production and
recovery of which production and recovery term has not expired or has expired
and which are eligible for extension and re-issuance shall be handled as
follows:
a) Decision approving mineral production licensing
fee, winning bid of mineral production right shall remain effective until
superseding decision is issued by competent authorities;
b) Mineral production licensing fee and winning bid
of mineral production right shall be recorded for the first time in accordance
with this Law and determined in accordance with reserves, quantities of
minerals produced and recovered as of June 20, 2025;
c) Mineral production licensing fee for the
remaining reserve and quantities of minerals that have not been extracted and
recovered as of July 1, 2025 shall be re-approved in accordance with this Law.
10. Holders of mineral
salvaging license issued before the effective date hereof shall pay mineral
production licensing fee in accordance with this Law for unextracted mineral
quantities as of the effective date hereof.
11. In respect of mineral sites
where decision approving results of mineral production right auction is issued
before the effective date hereof, where byproduct minerals are discovered
during exploration or production stage after auction of mineral production
right and permitted for production and recovery by competent authority,
percentage of mineral production licensing payment for byproduct minerals shall
be determined in accordance with Clause 2 Article 105 hereof.
12. In respect of mineral
sites where production right auction procedures are ongoing but has not been
publicly posted or announced, auction of mineral production right shall conform
to this Law.
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CHAIRPERSON OF
NATIONAL ASSEMBLY
Tran Thanh Man