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GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 158/2016/ND-CP
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Hanoi, November
29, 2016
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DECREE
ON
GUIDELINES FOR THE LAW ON MINERAL
Pursuant to the Law on Government organization
dated June 19, 2015;
Pursuant to the Law on Mineral dated November
17, 2010;
At the proposal of the Minister of Natural
Resources and Environment;
The Government promulgates a Decree on
guidelines for the Law on Mineral.
Chapter I
GENERAL PROVISIONS
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1. This Decree provides
guidelines for the Law on Mineral No. 60/2010/QH12 on reimbursement of costs of
geological baseline survey of mineral, costs of mineral exploration; periodical
reports on mineral activities; mine managers; certification of owner’s equity;
mineral planning; geological baseline survey of mineral; protection of
interests of localities and inhabitants in the places where minerals are
extracted, protection of minerals not been extracted; mineral areas and
regulations on mineral activities; procedures for mineral operation licenses,
approval for mineral deposits and mine closure.,,
2. This Decree amends Clause 2
of Article 3, Clause 1 of Article 6, Point b Clause 2 of Article 16; amends
Clause 4 Article 15 of Decree No. 22/2012/ND-CP dated March 26, 2012 of the
Government on auction of mining rights; amends Clause 2 of Article 3, Article
4, Article 5, Clause 3 of Article 6, Article 7 of Decree No. 203/2013/ND-CP
dated November 28, 2013 of the Government on calculation method and charge for
granting the mineral mining rights.
Article 2. Interpretation of
terms
For the purposes in this Decree, the terms below
are construed as follows:
1. Toxic mineral is a type of
minerals containing one of the following elements: mercury, arsenic, uranium,
and thorium, asbestos that when extracted and used can release into the
environment the radioactive or toxic substances that exceed the level of
Vietnamese technical standard.
2. Minerals accompanied is
another type of minerals that is located in the mining areas, recoverable from
extraction of main minerals as specified in licenses for mineral extraction,
including other minerals in the waste dump of operating mines appeared at the
time which the extraction and use of those minerals brings economic efficiency.
3. Crude minerals are products
of mineral resources, extracted, no longer in its natural state, but not
through beating, crushing, screening, grading or other activities to enhance
their value after mining.
4. Mine capital construction
is works being determined in a project for investment and design of mines,
including: Construction of works (buildings, warehouses, wharves, etc.) used
for the purposes of extraction; construction of transport routes to connect the
mining areas and transport system of vicinity; preparation of initial premises
for mineral extraction.
5. Mine manager is a person
whose qualification satisfies the requirements prescribed in Clause 2 Article
62 of the Law on Mineral and he is appointed by an entity entitled to mineral
extraction, or is a person entitled to extraction or the head of an
organization entitled to extraction.
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7. Area of geological baseline
survey of mineral is area being determined in a project for geological baseline
survey of mineral approved by a competent authority. In the area of geological
baseline survey of mineral, one or multiple areas of minerals is/are likely to
be found and evaluated.
8. Geological heritage is a
part of the geological resources having outstanding value with respect to
scientific, educational, aesthetic and economic aspects.
9. Force majeure events in
mineral activities are events that are objective and unforeseeable; those are
unavoidable or irreparable regardless of any measures adopted, resulting in an
entity engaged in mineral operation failing to fulfill or incompletely
fulfilling its obligations.
Article 3. Reimbursing the
costs of geological baseline survey of mineral, costs of mineral exploration
1. The information of
geological baseline survey of mineral that an entity must reimburse the costs
when using it is the information for assessing the mineral potential.
2. The reimbursement of the
costs to assess the mineral potential and explore the mineral is executed by
the following principles:
a) In case the information on assessing the mineral
potential and exploring the mineral possessed by the State, or an entity using
the information for mineral exploration, extraction, or any other business
purposes must reimburse the State the invested costs. The costs to be
reimbursed with respect to the information for assessing the mineral potential
are defined based on the quantity of work, work items performed in the proposed
area of mineral exploration, including: Drilling, trenches, furnace, well,
karotaz and samples used for determination of mineral quality in the
above-mentioned works. The costs to be reimbursed with respect to information
for mineral exploration are defined based on all work items performed in the
proposed area of mineral extraction. Reimbursement unit prices shall be
determined according to the current unit prices;
b) With regard to an extraction area under a
license issued by a competent authority, the costs to be reimbursed shall be
determined according to the mineral actuality, remaining deposits at the time
of determination, and according to average cost by one resource unit (upon
assessment of mineral potential) or one deposit unit (upon mineral exploration)
in accordance with the rules prescribed in Point a of this Clause;
c) Any entity that is permitted to explore the
mineral by fund from the State budget is not entitled to supply and transfer
any information about the mineral exploration results to other entities except
for competent authorities as prescribed by the Ministry of Natural Resources
and Environment;
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With regard to information on assessing the mineral
potential, mineral exploration invested by the entities in the area of mineral
activities whose licenses are revoked, returned or their right of priority to
propose the grant of the mining license is lost, if parties cannot reach an
agreement by themselves of the costs to reimburse, an authority competent to
grant licenses as prescribed in the clause 1, clause 2 Article 82 of the
Mineral Law (hereinafter referred to as licensing authority) shall decide the
invested costs to be reimbursed in the rule prescribed at Point a of this
Clause;
dd) In case the entities have reimbursed the State
budget for the amount of money invested for the mineral potential assessment,
mineral exploration then the reimbursement of costs is carried out as
prescribed at point d of this Clause.
3. The imbursement of costs of
geological baseline survey of mineral, costs of mineral exploration is carried
out in accordance with Point a Clause 2 of this Article before an entity
applies for a mining license.
4. The Ministry of Finance
shall take charge and cooperate with the Ministry of Natural Resources and
Environment in guidance on methods of determining costs of mineral potential
assessment, costs of mineral exploration to be reimbursed, procedures
for reimbursement; regulations on collection, control, and use of costs of
mineral potential assessment, mineral exploration invested by the State.
Article 4. Use of information
on mineral potential assessment, mineral exploration and extraction
1. Any entity is entitled to
use the information on the mineral exploration invested by itself or use the
information on the mineral potential assessment, mineral exploration and
extraction belonging to the State possession that have been reimbursed the
costs as prescribed in the Article 3 of this Decree and entitled to transfer
and inherit in accordance with the regulation of the law.
2. After 06 months from the
day on which the mineral deposits are approved by a competent authority and
upon expiry of the mineral exploration license, if an entity entitled to
mineral exploration fails to apply for issuance of a mining license, the
competent authority is entitled to provide the information on the mineral in
that area for other entities for their use, except for force majeure events.
The entity that use the information prescribed in Point d, Clause 2, Article 3
of this Decree must reimburse the exploration costs to any entity that has
carried out any previous exploration.
Article 5. The state investment
for mineral exploration and extraction
1. The State makes investment
for exploring and exploiting some kinds of important mineral to serve the objectives
of national defense and security or economic and social mission as prescribed
in clause 5, Article 3 of the Law on mineral.
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Article 6. Management of toxic
mineral
1. The Ministry of Natural
Resources and Environment is responsible for investigating, assessing and
determining the level of influence and proposing the solutions to prevent the
impact of toxic minerals to the environment of the area and the local people
where the toxic minerals exist; notifying the People’s Committee of province where
the toxic minerals exist to organize the control and protection as prescribed.
2. The People’s Committee of
province where the toxic minerals exist is responsible for executing the
solutions to prevent the negative impacts of the toxic minerals to the environment
of the area and the local people; organizing the control and protection of the
unextracted toxic minerals in the local area as prescribed.
Article 7. Reports on mineral
operating performance; reports on state management of minerals
1. A report on the mineral
operating performance consists of:
a) A report on the mineral exploring performance;
b) A report on the mineral extracting performance.
2. A report on state
management of minerals consists of:
a) Report on state management of minerals within
the scope of a province or central-affiliated city (hereinafter referred to as
province);
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3. Reporting:
a) Annual reports shall be made in accordance with
Clause 1, Clause 2 of this Article. The reporting period begins from 01 January
to 31 December inclusive of the reporting year;
b) Apart from the report specified in the Point a
of this Clause, when required from a mineral authority, an entity permitted to
engage in mineral operation must send an irregular report on the of mineral
operation performance to such authority.
4. Responsibility for
submitting reports:
a) Before every February 1, each entity permitted
to engage in mineral operation must submit the report of the previous year as
prescribed in Clause 1 of this Article to the Service of Natural Resources and
Environment of the province where the mineral operation are conducted. With
regard to an entity that conduct the mineral operation under the License which
is granted under the competence of the Ministry of Natural Resources and
Environment, that report is also submitted to the General Department of Geology
and Minerals of Vietnam;
b) Before every February 15, the Service of Natural
Resources and Environment will send a report of the previous year as prescribed
at Point a clause 2 of this Article to the People’s Committee of province which
forwards such report to the Ministry of Natural Resources and Environment
thereafter and send copies of the report to the Service of Industry and Trade
and the Service of Construction for cooperation purpose;
c) Before every March 15, the General Department of
Geology and Minerals of Vietnam shall send a report of the previous year as
prescribed at Point b, Clause 1 of this Article to the Ministry of Natural Resources
and Environment which forward such report to the Prime Minister thereafter and
send copies of the report to the Service of Industry and Trade, Service of
Construction for cooperation purpose.
5. The Ministry of Natural
Resources and Environment specifies forms of reports as prescribed in Clause 1,
Clause 2 of this Article.
Article 8. Mine managers
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2. Upon an appointment of a
mine manager, the mining entity shall notify a competent authority prescribed
in Clause 4 of this Article of such appointment. The notification contains: The
decision on appointment (except for the case that a mining person or the head
of a licensed mining entity works as the mine manager as a part-time job);
curriculum vitae of mine manager enclosed with originals of: Decision on
appointment, curriculum vitae; copies of relevant professional
degrees/certificates of mine manager.
3. Degrees of a mine manager
prescribed in Point d, dd Clause 2 of Article 62 of the Law on Mineral include:
a) A bachelor's degree or equivalent in mine
engineering and mine construction in terms of underground mining;
b) A bachelor's degree or equivalent in mine
engineering, mine construction, and geotechnical engineering in terms of
surface mining;
c) An associate's degree or equivalent in mine
engineering, geotechnical engineering in terms of surface mining of nonmetallic
minerals without using industrial explosives, or mineral as general building
materials by manual methods.
4. The mining entity shall
send a notification of appointment of mine manager prescribed in Clause 2 of
this Article to General Department of Geology and Minerals of Vietnam in case
of a mining license issued within competence of the Ministry of Natural
Resources and Environment; or to the Service of Natural Resources and
Environment in case of a mining license issued within competent of the People’s
Committee of province.
Article 9. Owner’s equity of
entities engaging in mineral operation
1. Regarding a
newly-established enterprise, one of the following documents is required:
a) A record of capital contribution of founding
shareholders in case of a joint-stock company, or of founding members in case
of a multiple-member limited liability company; a company’s charter in case of
a joint-stock company, a register of members in case of a multiple-member
limited liability company;
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2. Regarding an operating
enterprise:
a) If the enterprise is established within 01 year
up to the date on which an application for issuance of mineral exploration
license or mining license, it is required to submit a copy of certificate of
enterprise registration;
b) If the enterprise is established over 01 year up
to the date on which an application for issuance of mineral exploration license
or mining license, it is required to submit a copy of last annual financial
statement.
3. Regarding a cooperatives or
a union of cooperatives, one of the following documents are required:
a) Charter capital of cooperatives, union of
cooperatives is total capital contributed or committed to contribute by members
of cooperatives or union of cooperatives within a given time and specified in
the charter of cooperatives, union of cooperatives as prescribed in the Law on
Cooperatives;
b) Operating capital of cooperatives, union of
cooperatives includes stakes of members of cooperatives, raised capital,
accumulated capital, and funds of cooperatives, union of cooperatives;
subsidies of the State, domestic and foreign entities; amounts given or donated
and other legitimate revenues as prescribed.
Chapter II
PLANNING FOR GEOLOGICAL
BASELINE SURVEYS OF MINERALS
Article 10. Making and
submitting for approval of the planning of mineral
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a) The Ministry of Natural Resources and
Environment will preside over to make the planning of geological baseline
mineral survey;
b) The Ministry of Industry and Trade will take
charge of making the planning of exploration, extraction, process and use of
kinds of mineral (except for ones used as constructional materials);
c) The Ministry of Construction will preside over
to make the planning of exploration, extraction, process and use of kinds of
mineral as constructional materials.
2. The planning of mineral
stipulated in clause 1 of this Article is made in accordance with the mineral
strategy approved as prescribed.
3. During the process of
making the mineral planning under the competence prescribed at point b, point
c, clause 1 of this Article, the Ministry of Industry and Trade and the
Ministry of Construction have the responsibility to coordinate in order to
execute the regulation at point d, clause 1, Article 13 of the Mineral Law.
Article 11. Planning for
exploration, extraction and use of minerals in the centrally provinces and
cities
1. Planning for exploration,
extraction and use of minerals in the central provinces and cities as
stipulated in Point d clause 1, Article 10 of the Mineral Law is made for the
kinds of minerals as follows:
a) The minerals are used as the general
constructional material, peat coal;
b) The minerals existing in the area with
small-scale and dispersed minerals that are zoned and announced by the Ministry
of Natural Resources and Environment;
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2. The making of the planning
for exploration, extraction and use of minerals in provinces and
central-affiliated cities must ensure the following principles:
a) Consistent with the mineral strategy, mineral
planning as stipulated at points a, b and c, clause 1, Article 10 of this
Decree;
b) Consistent with the overall planning for
socio-economic development of the province; land-use planning assessed and
approved by competent authorities; guarantee of national defense and security
in the administrative divisions;
c) Guarantee of the extraction and use of minerals
rationally, economically and efficiently to serve the current needs in
consideration of the scientific and technological development and mineral
demand in the future;
d) Protection of the environment, natural
landscape, cultural and historical monuments, famous landscape and other
natural resources.
3. The basis for making the
planning for exploration, extraction and use of minerals in the centrally
provinces and cities includes:
a) The overall planning of socio-economic
development of the provinces, area planning;
b) The mineral strategy; mineral planning as
stipulated at point a, b and c, clause 1, Article 10 of this Decree;
c) The mineral demand in the planning period;
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dd) Result of execution of the previous period
planning.
4. Planning for exploration,
extraction and use of minerals in the centrally provinces and cities must have
the following main content:
a) Surveying, studying, generalizing and assessing
the social economic and natural conditions and the actual state of the activity
of exploration, extraction, process and use of minerals in the local area;
b) Evaluation of the implementation of the
preceding period's master plan;
c) Determining the direction and objectives for
exploration, extraction and use minerals in the planning period;
d) Restricted areas for mineral activities,
temporarily restricted areas for mineral activities that are approved;
dd) Zoning in detail the mining areas, the kind of
mineral need to be invested for exploration and extraction and the progress of
exploration and extraction. The area for exploration and extraction of minerals
are limited by the straight lines connecting the points of closed angle shown
on the topographic map of the national coordinate systems with the appropriate
rate;
e) Determining the scale, extraction capacity,
conditions on the extraction technology;
g) The solution and progress for organizing the
implementation of the planning.
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1. Requests for consultation
on mineral master plans shall be sent as follows:
a) Before presenting a planning to the Prime
Minister for approval, the authority in charge shall send request for
consultation to the agencies prescribed in Clause 1 Article 10 of this Decree
and the following Ministries for consultation: the Ministry of Planning and
Investment, the Ministry of Finance, the Ministry of Public Security, the Ministry
of National Defense, the Ministry of Transport, the Ministry of Agriculture and
Rural Development, the Ministry of Culture, Sports and Tourism, and the
People’s Committee of province where mineral mines specified in the planning
are located; publicly post planning presentation on the website of the
authority in charge of planning for consultation with the people and
enterprises at least 45 days before presenting it for approval;
b) Before presenting a planning to the People's
Council for approval, the People's Committees of province shall send requests
for consultation the following Ministries: The Ministry of Natural Resources
and Environment, the Ministry of Industry and Trade, and the Ministry of
Construction. If the minerals specified in a planning are located in at least
two provinces, requests for consultation shall be sent to relevant People’s
Committee of provinces.
2. Within the period of 45
days from the date on which a request for consultation is received, the
recipient prescribed in Clause 1 of this Article must respond in writing. In a
case where the recipient fails to respond in writing upon expiry of the
aforesaid time limit, the authority in charge of planning shall present the
planning to the Prime Minister or People's Council at the same administrative
level for approval or ratification.
3. A request for consultation
with respect to mineral planning includes:
a) A request form for consultation;
b) A description of draft planning;
c) Planning drawings and other relevant documents (if
any).
4. Within 30 days from the
date on which the mineral planning is approved, the authority in charge shall
announce the planning in the following methods:
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b) Hold a press conference at the headquarters of
the authority in charge.
Article 13. Investment in the
geological baseline survey of mineral with the capital of the entities
1. Entities are encouraged to
invest in the geological baseline survey of mineral; except for the geological
baseline survey of mineral of uranium, thorium.
In case of geological baseline survey of mineral in
the area of national border belt, the Ministry of Natural Resources and
Environment shall request the Prime Minister for consideration.
2. Based on the planning of
the geological baseline survey of mineral approved and stipulated in clause 1
of this Article, the Ministry of Natural Resources and Environment makes a list
of additional projects for geological baseline survey of mineral eligible for
incentives to investment with the capital of the entities and submit such list
to the Governmental Prime Minister for approval.
3. The entities participating
in investing the basic geological survey of mineral (hereinafter referred to as
investors) must meet the following conditions:
a) Meeting conditions as prescribed in clause 1,
Article 34 and clause 1, Article 51 of the Mineral Law;
b) Having enough funds to execute the whole project
of the geological baseline survey of mineral.
4. The Ministry of Natural
Resources and Environment shall:
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b) Assess and approve projects for investigation
and evaluation of minerals eligible for incentives to investment;
c) Promulgate regulations on monitoring the process
of implementation of the projects for geological baseline surveys of mineral;
d) Take charge and cooperate with the Ministry of
Planning and Investment, Ministry of Finance in guidance on procedures for
contributing and manage the investment capital of entities;
dd) Supervise the process of executing the project
for geological baseline survey of mineral invested by entities.
Article 14. Investigation and
evaluation of geological heritage and geo-parks and funding for geological
baseline survey of mineral
1. Geological baseline survey
of mineral shall be associated with investigation and evaluation of geological
heritage and geo-parks. The Ministry of Natural Resources and Environment shall
stipulate detailed investigation and evaluation of geological heritage and
geo-parks.
2. The funding for basic
geological surveys of mineral shall be financed as prescribed in clause 1,
Article 21 of the Mineral Law and is added from the amount from the costs reimbursing
of basic geological survey of mineral, costs of mineral exploration, charges
for licensing the mineral extraction right and amounts of investment of
entities as prescribed in Article 13 of this Decree.
3. Annually, pursuant to
clause 2 of this Article, the Ministry of Finance will take charge and
cooperate with the Ministry of Natural Resources and Environment in balancing
the additional funding for the task of geological baseline surveys of mineral.
Chapter III
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Article 15. Benefits of
localities in which minerals are extracted
1. According to annual actual
revenues from mineral extraction, the People's Committee of province shall request
People's Council at the same administrative level to ratify an expenditure
estimate for the purpose of upgrade and renovation of work items for the
locality where minerals are extracted prescribed in Clause 2 of this Article.
2. Any work item to be upgraded
or renovated must meet the following conditions and criteria:
a) It is a road of district or commune directly
affected by the transportation of tailings and extracted minerals;
b) It is a welfare work located in the
administrative divisions of the district or commune where minerals are
extracted, including: schools, health facilities, cultural houses, clean water
supply system; environmental treatment works.
Article 16. Benefits of
inhabitants in areas in which minerals are extracted
1. Assistance/aid provided for
localities and inhabitants in areas where minerals are extracted prescribed in
Clause 2 Article 5 of the Law on Mineral shall be directly taken charge by
mining entities.
2. The mining entity shall
notify the relevant People’s Committee of commune of content, quantity, plans
of supported work items; and announce it to the neighborhood/village in order
that inhabitants in the areas where minerals are located assign representatives
to supervise the execution progress.
3. Expenditures on
assistance/aid provided for localities and inhabitants where minerals are
extracted shall be included in production costs.
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1. Within the scope of its
tasks and powers, a People's Committee shall:
a) Direct relevant People’s Committees of districts
to make plans, assign the Service of Natural Resources and Environment to
consolidate plans and make a plan for protection of unextracted minerals in the
province and send it to the People’s Committee of district for approval
according to the expenditure limits prescribed by the Ministry of Finance;
b) Direct People’s Committees of districts and
communes; specialized agencies; cooperate with national defense and police
authorities to prevent and clear mineral extraction without any license issued
by a competent authority (hereinafter referred to as illegal mineral
extraction) in the province;
c) Make a final report on protection of unextracted
minerals in the province and include it in the annual report on state
management of minerals;
d) The President of People’s Committee of province
shall be held accountable to the Prime Minister upon the occurrence of illegal
mineral extraction against which no action is taken or actions are not taken
completely resulting in prolonged illegal mineral extraction.
2. The People's Committee of a
district, town, or provincial city (hereinafter referred to as People's
Committee of district) shall:
a) Take charge of propagation and initiation of the
plan for protection of unextracted minerals in the district;
b) Direct relevant People's Committees of communes,
wards and townships (hereinafter referred to as People's Committees of
communes) to apply measures to protect unextracted minerals;
c) Carry out the clearance and prevention of
illegal mineral extraction immediately upon any discovery or message of such
occurrence in the district. The failure to prevent illegal mineral extraction
shall be promptly reported to the People’s Committee of the province;
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dd) The President of People’s Committee of district
shall be held accountable to the President of the People’s Committee of
province upon the occurrence of illegal mineral extraction against which no
action is taken or actions are not taken completely resulting in prolonged
illegal mineral extraction.
3. The People’s Committee of
commune shall:
a) Raise public awareness of law on minerals;
mobilize local inhabitants not to exploit, buy, store, or transport minerals
illegally, detect and denounce illegal mining entity; and implement the plan
for unextracted minerals in the commune;
b) Detect and adopt solutions for prevention of
illegal mineral extraction immediately upon discovery; request the People’s
Committee of province or district to direct clearance of such illegal mineral
extraction in the cases ultra vires;
c) Send biannual reports on protection of unextracted
minerals in the commune to the People’s Committee of district.
Article 18. Main contents of
plan for protection of unextracted minerals
A plan for protection of unextracted minerals
prescribed in Point a, Clause 1, Article 17 of this Decree shall at least
contain:
1. Reality of state management
of minerals and mineral activities, including the protection of unextracted
minerals in the administrative division at the time of making plan;
shortcomings, limitations and reasons.
2. Statistics on quantity,
area, co-ordinates of areas of operating mineral exploration, extraction of
entities issued with licenses by competent authorities; closed mining areas,
mine closure for protection purpose; waste dump of mines subject to closure
decision.
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3. Update of information about
planning for exploration, extraction, and use of minerals of the province that
is amended; information about national planning for minerals that has been
approved up to the time of making plan.
4. Regulations on
responsibility of the Service of Natural Resources and
Environment, the Service of Industry and Trade, the Service of Construction,
the Service of Agriculture and Rural development, the Service of Transport, the
Service of Culture, Sports and Tourism; military and police authorities in
protection of unextracted minerals; the news agencies, press agencies, local
television in posting information about state management of minerals and
illegal extraction.
5. Regulations on responsibility
of People’s Committees of districts and communes; actions against groups or
individuals being heads of local government of districts or communes
responsible for reoccurrence or prolonged occurrence of illegal mineral
extraction, sale, and transportation in the administrative divisions without
complete clearance; responsibility of heads of villages for prompt notification
of occurrence of illegal mineral extraction in the administrative divisions to
the local government of commune/district.
6. Regulations on
responsibilities for cooperation between relevant Services and agencies; local
government of districts/communes in providing and handling of information and
clear illegal mineral extraction; responsibility of agencies receiving
information; and processing mechanism of received information.
7. Plans and solutions for
implementation; expenditure estimates.
Article 19. Requests for
consultation with mineral authorities before submitting planning for
socio-economic development for approval
Requests for consultation in writing with mineral
authorities before submitting the planning prescribed in Clause 3 Article 17 of
the Law on Mineral shall be made as follows:
1. An agency in charge of
planning making shall send a request for consultation to the Ministry of
Natural Resources and Environment, together with a description of planning and
master drawing of the planning.
2. Within 20 days, from the
date on which the request for consultation is received, the Ministry of Natural
Resources and Environment shall take charge and cooperate with the People's
Committee of province where the planning is made and relevant agencies in
inspection and send back a written reply which specify the extent of mineral
investigation and evaluation; the presence or absence of minerals; planning for
exploration, extraction, and use of minerals that are approved in the planned
area.
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1. With a view to protect
unextracted minerals and conduct mineral exploration and extraction in the
licensed areas, the licensed mining entities shall demarcate corner points in
the exploration and mining areas according to the co-ordinates specified in the
mineral exploration license or mining license.
2. Demarcation of corner
points in mineral operation areas:
a) According to demarcation of administrative
division of communes with respect to solid mineral exploration and extraction,
b) With respect to extraction of sand, gravels in
river bed, estuary, estuary, the demarcation shall be conducted in accordance
with law on inland waterways or maritime. In case of failure to comply with
afore-mentioned regulations the demarcation shall be conducted on river bank as
prescribed in Point a of this Clause.
3. Upon the completion of
demarcation prescribed in Clause 2 of this Article, the licensed mining entity
shall send a notification to Service of Natural Resources and Environment;
Service of Natural Resources and Environment shall take charge and cooperate
with the People’s Committee of district or commune where the mineral is
extracted in the handover of boundary markers on site. In case of mineral
extraction subject to a license issued by the Ministry of Natural Resources and
Environment, the presence of a representative of General Department of Geology
and Minerals of Vietnam is required.
4. The licensed mining entity
shall prevent illegal mineral extraction from happening in the licensed mining
areas. Any occurrence of illegal mineral extraction outside the boundaries of
licensed mining areas shall be reported to the People’s Committee of district
or commune for handling.
5. The licensed mining entity
must store and protect the mineral that has been extracted but not used,
minerals in waste dump or minerals accompanied that have not recovered during
the extraction process.
6. Before extracting minerals
accompanied prescribed in Clause 2 Article 2 of this Decree, the mining entity
must send a notification to the receiving authority prescribed in Clause 1, Clause
3 Article 47 of this Decree. Within 15 working days, the receiving authority
must complete the verification visits on site, verification of relevant
documents and request the authority competent to issue mining license to decide
the extraction of minerals accompanied to enable the licensed mining entity to
fulfill other obligations as prescribed.
Chapter IV
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Section 1. MINERAL AREAS
Article 21. Zoning the area
having small-scale and dispersed minerals
1. The area where the minerals
exist (except for the ones used as general constructional materials, peat coal,
toxic minerals, mineral water, natural thermal water) in accordance with Clause
1 Article 27 of the Law on Mineral shall be zoned to be the area having small-scale
and dispersed minerals when meeting the following criteria:
a) Not lying in the area where the mineral
activities are prohibited, the areas where the mineral activities are
temporarily prohibited; the national mineral reserves areas;
b) The minerals found scatter independently with
small-scale reserves or estimated resources; the minerals lie in the mineral
exploitation area where there is a decision on mine closure as stipulated in
clause 2, Article 73 of the Mineral Law or mining-expired areas that are
licensed before the effective date of the Law on Mineral and the reserves and
estimated resources are small-scale as stipulated in the Appendix promulgated
with this Decree.
2. The Ministry of Natural
Resources and Environment is responsible for zoning and promulgating the areas
having small-scale and dispersed minerals as stipulated in clause 1 of this
Article.
3. Based on the reality at the
locality and criteria prescribed in Clause 1 of this Article, the People’s
Committee of province may propose the Ministry of Natural Resources and
Environment to zone and announce that the area has small-scale and dispersed
minerals. The Ministry of Natural Resources and Environment shall decide the
evaluation of minerals in the areas which have been investigated and evaluated
without estimated resource data.
Article 22. Zoning the area in
which the mining right is not subject to auction
1. The zoning of area where
the minerals exist and is the area in which the mining right is not subject to
auction as stipulated in clause 1, Article 78 of the Mineral Law when it
satisfy one of the following criteria:
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b) The area having limestone, clay stone used as
raw materials for cement production or the minerals are adjusted additives for
cement production that are identified as the raw materials for the cement plant
projects; the area where the minerals exist is identified as the raw materials
for the intensive mineral processing plant projects that was approved in the
principle by the Governmental Prime Minister; the area having mineral water,
natural thermal water associated with investment projects using mineral water
which are issued with investment certificates or decision on investment
policies;
c) The mineral area located in the national border
belt, the strategic area of the national defense;
d) The area that has the projects for work
construction investment as stipulated at Clause 2, Article 64, Point b Clause 1
Article 65 of the Mineral Law;
dd) The mineral area that is used as the general
constructional materials determined for exploitation to supply the raw material
to serve the construction of works funded by State budget (development of
traffic system; irrigation works, hydropower plants); facilities against
natural disasters and hostility; the area having minerals used as fill
materials for traffic system, irrigation works specified in a program for new
rural construction;
e) The area of mineral activities where the mineral
exploration and exploitation in that area are limited as stipulated at point a,
clause 2, Article 26 of the Mineral Law;
g) The area of mineral activities to which the
competent authority has granted the mining license, the mining license.
2. Pursuant to Clause 1 of this Article and
competence to issue mineral operation licenses prescribed in Article 82 of the
Law on Mineral, the Ministry of Natural Resources and Environment and Services
of Natural Resources and Environment of provinces and central-affiliated cities
that make zoning of area in which the mining right is not subject to auction
shall submit it to competent authorities prescribed in Clause 3, Clause 4
Article 78 of the Law on mineral for approval. The Ministry of Natural
Resources and Environment shall take charge and cooperate with the Ministry of
Industry and Trade or the Ministry of Construction in determining a number of
areas having resource findings using sources of funds of entities and other
cases shall be subject the Prime Minister for decision.
3. Within 07 days from the
date on which an approval for areas not eligible for auction of mining rights
is granted, the Ministry of Natural Resources and Environment, People's
Committees of provinces shall publicly post a list of areas not eligible for
auction of mining rights on their websites.
Article 23. Consultation about
zoning results of areas banned from mineral activities, areas temporarily
banned from mineral operation
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2. A request for consultation
prescribed in Clause 1 of this Article includes:
a) An official dispatch of the People’s Committee
of province;
b) A description containing at least: Legal bases
and documents establishing the zoning; rules and methods of zoning; zoning
results according to sectors and consolidated list of areas banned from mineral
activities, areas temporarily banned from mineral activities. Each area must
have a co-ordinate board of corner points according to VN-2000 coordinate
system, except for areas banned from mineral activities, areas temporarily
banned from mineral activities due to national defense and security reasons. A
detailed appendix of information about each area in which areas banned from
mineral activities and areas temporarily banned from mineral activities are
zoned;
c) A map representing areas banned from mineral
activities, areas temporarily banned from mineral activities on topography with
coordinate system of VN-2000, 1/200.000 - 1/100.000, including corridors for
the purposes of protecting the zoned areas (if any). Complicated areas shall be
represented in drawing 1/25.000 - 1/10.000 or larger.
3. Within 30 working days from
the date on which a request for consultation for zoning results in areas banned
from mineral activities, areas temporarily banned from mineral activities is
received, the recipient shall make a reply in writing in respect of contents
related to its competence. Upon expiry of above-mentioned time limit, if the
recipient fails to make a reply, it can be deemed acceptance.
Article 24. Approval for areas
banned from mineral activities, areas temporarily banned from mineral
activities
1. After completion according
to consultation of Ministries prescribed in Clause 1 Article 23 of this Decree,
the People’s Committee of province shall submit a request to the Prime Minister
for approval for areas banned from mineral activities, areas temporarily banned
from mineral activities to via General Department of Geology and Minerals of
Vietnam.
2. A request for approval
shall include:
a) A request of the People’s Committee of province
to the Prime Minister;
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c) A description and drawings attached as
prescribed in Point b, Point c Clause 2 Article 23 of this Decree.
3. Within 20 working days from
the date on which a request is received as prescribed in Clause 2 hereof,
General Department of Geology and Minerals of Vietnam shall complete the inspection
and verification of documents, then request the Ministry of Natural Resources
and Environment to send documents and draft decision on approval of the Prime
Minister to the Prime Minister.
Section 2. MINERAL EXPLORATION
Article 25. Selecting
applicants in order to grant the mineral exploration license in the area where
the mining right is not subject to auction
The selection of the applicants in order to grant
the mineral exploration License in the area where the mining right is not
subject to auction as stipulated in clause 1, Article 36 of the Mineral Law is
implemented as follows:
1. In case of expiry of notice
period as stipulated at point a, clause 1, Article 58 of this Decree and there
is only one applicant for mining, such applicant is selected to be granted with
a mineral exploration license.
2. In case of expiry of notice
period as stipulated at point a, clause 1, Article 58 of this Decree and there
are at least two applicants for mining, the applicant that meets at most the conditions
in the following order of priority shall be selected to be granted with a
mineral exploration license:
a) Being the entity that has contributed capital of
the geological baseline survey of mineral in the area where the mineral
exploration license is expected to be granted;
b) Having a minimum of charter capital equivalent
to 50% of total estimates of the project for mineral exploration in the area
for which the exploration is applied;
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d) Having a commitment to, upon the exploration
results, extract and use the mineral to serve the domestic production needs in
accordance with the mineral planning that has been approved.
3. In a case where all
applicants for the mineral exploration license meet the conditions as stipulated
in clause 2 of this Article, the applicant that submit the earliest application
according to the time specified in the receipt note will be selected to be
granted the mineral exploration license.
4. In case of mineral
exploration in the areas with investment projects on construction of works as
prescribed in Article 65 of the Law on Mineral, project owner shall be
preferably selected to grant the mineral exploration license. If the project
owner has no need to explore and extract minerals, the competent authority
shall select proper mineral exploration entity to ensure the construction
schedule.
Article 26. Conditions for the
household business to explore the mineral for use as the general constructional
materials
1. A business household
prescribed in clause 2, Article 34 of the Mineral Law shall be issued with a
license for exploration of minerals as building materials if it meets the
following conditions:
a) It is selected by the People’s Committee of
province as prescribed in the Article 25 of this Decree or having a contract
with an organization that is qualified for the practice of mineral exploration
as prescribed in clause 1, Article 35 of the Mineral Law in order to execute
the exploration project;
b) Having a project for exploration of mineral as
general building materials as prescribed in Clause 2 of this Article and
appropriate to the planning of exploration, exploration and use of mineral of
centrally province where minerals are located;
c) The area to be explored must not exceed 01 ha.
2. Technical aspects of the
project for exploration of mineral as general building materials must satisfy
requirements pertaining to: Deposit categories and exploration network;
exploration techniques; quality research; deposit delineation as prescribed by
the Ministry of Natural Resources and Environment.
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Article 27. Transfer of the
mineral exploration right
1. Conditions for the transfer
of the mineral exploration right:
a) The transferee must meet all conditions as
stipulated in clause 1, Article 34 of the Mineral Law; if not qualified for the
practice of mineral exploration, it must have a contract concluded with the
organization that is qualified for practice of mineral exploration as
stipulated in clause 1, Article 35 of the Mineral Law in order to keep
executing the exploration project;
b) By the time of transfer, the transferor have
fulfilled all obligations prescribed at the points b, c, d and e, Clause 2 of
Article 42 and Clause 3, Article 43 of the Mineral Law and regulations in the
mineral exploration license;
c) At the time of transfer, there is no dispute on
the rights and obligations relating to the exploration activities;
d) The transferor has submitted complete
application for transferring the mineral exploration right to the receiving
authority while the mineral exploration License is still valid for at least 90
days.
2. The transfer of the mineral
exploration right must be made by the contract between the transferor and the
transferee. The contents of the transfer contract must clearly indicate the
number and volume of work items, exploration costs that have been made by the
time of transfer; the transfer value and the liability between the parties
while performing the work and obligations after the transfer.
3. The time limit for
processing the application for transfer of the mineral exploration right is
within 45 days from the date on which the receiving authority has provided a
receipt note.
If the application is rejected, the transferor
entitled to keep its exploration according to the mineral exploration license
or return it.
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Article 28. Further
exploration for the purpose of upgrade of reserve categories in the mining area
1. When a licensed mining
entity conducts further exploration for the purpose of upgrading mineral
reserve category in the licensed extraction area to higher category or
upgrading the mineral resource category to the mineral reserve category, it is
not required to apply for a mineral exploration license.
2. Before conducting the
upgrade of mineral reserves prescribed in Clause 1 hereof, the entity shall
notify the competent authority that has issued such kind of mining license,
enclosed with:
a) A plan for further exploration for upgrade which
specifies purposes, quantity, method(s), and schedule;
b) A location map of construction work serving the
further exploration for upgrade of reserves and enclosed quantity statistics.
3. Within 20 working days,
from the date on which the notification and documents prescribed in Clause 2 of
this Article are received, the competent authority that has issued the mining
license shall make a reply. Upon the expiry of the above-mentioned time limit,
if the competent authority fails to make a reply, the mining entity shall carry
out further exploration for upgrade of reserves according to its prepared plan
for further exploration for upgrade.
4. If the licensed mining
entity is not being qualified for the practice of mineral exploration, it must
conclude a contract with another entity meet all conditions as prescribed in
clause 1, Article 35 of the Mineral Law to carry out work of further
exploration.
5. When finishing the further
exploration, the licensed mining entity shall submit the exploration results to
the competent authority as prescribed in clause 1, Article 49 of the Mineral
Law for approval.
Article 29. Renewal of mineral
exploration License
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a) It has submitted sufficient application for the
renewal of mineral exploration License to the receiving authority while the
mineral exploration License is still valid for at least 45 days, in which
clearly explaining the reason for the renewal proposal;
b) At the time for the renewal application, the
volume of work items under the project for mineral exploration and the granted
mineral exploration License has not been completed yet or there is a change on
the geological structure; method of exploration compared with the approved
exploration project;
c) By the time for the renewal application, the
licensed exploration entity has fulfilled the obligations as prescribed at
point b, c, d, dd and e, clause 2, Article 42 of the Mineral Law.
2. In case the mineral
exploration License has expired but the application for renewal is being
verified by the competent authority, the entity must suspend the exploration
and must manage, protect exploration property and works and protect unextracted
minerals until an acceptance or a refusal for the application is issued.
Article 30. Supervision of
mineral exploration projects
1. Bases for supervision of a
mineral exploration project:
a) Mineral exploration license; mineral exploration
project to which the competent authority has issued a permit for assessment
exploration;
b) Technical regulations and standards, economic
and technical norms in the field of geology and mineral resources.
2. Rules for supervision of a
mineral exploration project:
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b) Not obstructing operation of mineral exploration
entities;
c) Information serving supervision shall be
provided sufficiently, promptly, accurately, truthfully and transparently;
d) The supervision and assessment shall be
processed and stored adequately.
3. The supervision of an
exploration project shall be conducted in direct or indirect form and with
primary contents as follows:
a) Qualification, personnel, and equipment of
construction units;
b) Procedures and schedule of work items in the
mineral exploration project;
c) Procedures and quantity of work Items according
to applicable technical regulations and standards and norms.
4. Work items in supervision
of exploration project include:
a) Procedures for supervision on site;
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c) Technology sampling; sampling in works; sample
processing (for samples to be processed on site);
d) Remaining work items of the approved project not
being entities subject to direct supervision.
5. Funding for supervision of
exploration project is determined in the estimates of mineral exploration
project. An amount of supervision expense equivalent to 20% of general expenses
shall be determined according to direct expenditure estimates of work items.
6. The Ministry of Natural
Resources and Environment shall provide guidelines for supervision of
exploration project.
Article 31. Changes in
exploration method and exploration volume
1. In case of any change in
the exploration method or exploration volume with the cost of more than 10% of
the estimated cost in the approved exploration project, the licensed
exploration entity shall provide explanation for the change to the Service of
Natural Resources and Environment where mineral exploration is carried out in
case the mineral exploration License is under the competence of licensing from
the People’s Committee of province; to the General Department of Geology and
Minerals in case the mineral exploration License is under the competence of
licensing from the Ministry of Natural Resources and Environment.
2. Within 20 working days from
the date on which an explanation is received as prescribed in clause 1 of this
Article, the Service of Natural Resources and Environment, the General
Department of Geology and Minerals shall verify relevant documents, including
on-site verification and request competent authority to grant the exploration
License to approve the change of the exploration method or the exploration
volume. Upon expiry of the above-mentioned time limit, if the competent
authority fails to make a reply, it can be deemed acceptance.
Article 32. Surveying on scene
and taking samples on the ground to select the area for making the project of
mineral exploration
1. Any entity that wishes
survey on-scene and sample taking to select the area for making the project of
mineral exploration must submit an application attached to the program/plan for
survey and taking sample to the People’s Committee of province where the
estimated mineral exploration is conducted.
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3. Within 10 days from the day
of receiving the application in writing from the entity mentioned in clause 1
of this Article, the People’s Committee of province shall has a written notice
on the approval or refusal. In case of refusal, it must provide explanation in
writing.
Section 3. EVALUATION AND
APPROVAL OF MINERAL RESERVES
Article 33. Organization and
operation of the National Council for Evaluation of Mineral Reserves
1. The National Council for Evaluation
of Mineral Reserves as prescribed at point a, clause 1, Article 49 of the
Mineral Law shall be established by the Prime Minister. The Council is composed
of Chairman being the Minister of Natural Resources and Environment, 01 Vice
Chairman being the Deputy Minister of Natural Resources and Environment; and
members being representatives of: the Ministry of Industry and Trade, the
Ministry of Construction, the Ministry of Planning and Investment; the Ministry
of Science and Technology and other members proposed by the Minister of Natural
Resources and Environment.
The Office of National Council for Evaluation of
Mineral Reserves located at the Ministry of Natural Resources and Environment
shall be the assisting agency of the National Council for Evaluation of Mineral
Reserves. Functions, tasks, powers and organizational structure of the Office
of National Council for Evaluation of Mineral Reserves shall be stipulated by
the Chairman.
2. The National Council for
Evaluation of Mineral Reserves is responsible for evaluating, approving or
certifying mineral reserves and mineral resources in the findings of mineral
exploration and findings of further exploration for upgrade of reserves;
certifying mineral reserves permitted for mining design; requesting competent
authorities to promulgate regulations on categorizing mineral reserves; and
releasing statistics on mineral reserves approved within its competence.
3. The National Council for
Evaluation of Mineral Reserves Office shall operate in meetings convened by the
Chairman of the National Council for Evaluation of Mineral Reserves. The
members of the National Council for Evaluation of Mineral Reserves work on a
part-time basis and by the Regulations on the operation of the Council
promulgated by the Chairman of the Council.
Article 34. Evaluation and
approval of mineral reserves under the licensing competence of the People’s
Committee of province
1. The People’s Committee of
province shall:
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b) Certify mineral reserves permitted for mining
design within its licensing competence.
2. The Service of Natural
Resources and Environment presides over and coordinates with the relevant regulatory
agencies to evaluate the exploration findings and present the People’s
Committee of province for approval of the reserves in the findings of mineral
exploration; certify mineral reserves permitted for mining design within its
licensing competence as prescribed in clause 1 of this Article.
3. In exceptional
circumstances, the People’s Committee of province decides to establish the
technical consulting council composed of some members who are representatives
of the relevant regulatory agencies and some experts who have intensive
profession in the field of mineral exploration in order to evaluate the
findings of mineral exploration before submitting it for approval under the
licensing competence.
Article 35. Contents of
evaluation of the mineral exploration findings and approval of reserves in the
mineral exploration findings
The contents of evaluation of the mineral
exploration findings and approval of reserves in the mineral exploration
findings of the National Council for Evaluation of Mineral Reserves Office:
1. The content of evaluation
of the mineral exploration findings includes:
a) Legal basis, base for findings making;
b) The result of executing the volume of explored
works; interpreting the target to calculate the mineral reserves; feasibility
study of mineral extraction; delineation and calculation of mineral reserves;
c) The certainty about reserves, quality and
technical nature of minerals;
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dd) The certainty about geodesy documentation,
geophysics related to the area and the calculation results of mineral reserves.
2. The content of reserves
approval in the mineral exploration findings:
a) Name of the mineral; location, area,
co-ordinates of exploration areas, areas in which mineral reserves are approved
or certified;
b) Reserves and resources of main minerals;
minerals and useful components accompanied (if any); certification of mineral
reserves permitted for mining design;
c) The use scope of the exploration findings.
3. The Ministry of Natural
Resources and Environment shall provide forms of mineral exploration findings;
decisions on approval for mineral reserves in mineral exploration findings.
The Ministry of Finance shall provide guidelines
for amounts, collection, payment, management and use of fees for evaluation of
mineral reserves.
Section 4. MINING
Article 36. Conditions for household
businesses licensed to extract minerals as building materials, and salvage
mining
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a) Having a technical- and economic-based mining
report in the area whose reserves are explored and approved consistent with the
planning of exploration, exploitation and use of mineral in the province where
the minerals exist. The technical- and economic-based mining report must
specify a plan to use specialized manpower with the appropriate equipment,
technology and exploration method;
b) Having a plan for environment protection attached
to an approval of competent authority in accordance with the regulations of the
law on environmental protection;
c) The scale of mining capacity does not exceed
3,000 m3 of the crude mineral products per year.
2. The Ministry of Industry
and Trade shall provide guidelines for technical- and economic-based mining
report related to mineral as general building materials, salvage mining of
household businesses.
Article 37. Transfer of the
mining right
1. Conditions for transfer of
the mining right:
a) The transferee is qualified as prescribed in
clause 1, Article 51 and clause 2, Article 53 of the Law on mineral;
b) By the time of transfer, the licensed mining
entity has finished works as prescribed in clause 1, Article 66 and the
obligations as prescribed at points a, b, c, d, e and g, clause 2, Article 55
of the Law on mineral;
c) At the time of transfer, there is no dispute on
the rights and obligations relating to the mineral exploration;
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2. The content of transfer of
mining right is made by the contract between the transferor and the transferee
with the main content as follows:
a) The real state of quantity, volume, value of
exploitation work, technical infrastructure invested and built; situation of
financial obligation fulfillment of the transferor that make transfer by the
time of signing the contract of transfer;
b) The responsibility of the transferee for the continuation
of work performance, unfinished obligations of the transferor by the time of
signing the transfer contract;
c) Other relevant rights and obligations of the
transferor and the transferee as prescribed.
3. The time limit for
processing the application for transfer of the mining right is within 45 days
from the date on which the receiving authority has provided a receipt note.
In case the application for transfer is not
approved by the licensing competent authority, the transferor is allowed to continue
the performance of the mining license or return the mining license.
4. The transferor or
transferee of the mining right must fulfill financial obligations upon any
revenues arising as prescribed by the law.
Article 38. Validity period of
mining licenses
1. The validity period of a
mining license is a period of time specified in a mining project prescribed in
Clause 2 hereof provided that it does not exceed the period prescribed in
Clause 2 Article 54 of the Law on Mineral.
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Article 39. Renewal of mining
license, salvage mining license
1. A mining entity shall have
its mining license or salvage mining license renewed if it meets the following
conditions:
a) It has submitted sufficient application for the
renewal of mining license or salvage mining license to the receiving authority
while the mining license is still valid for at least 45 days and when the
salvage mining license is still valid for at least 15 days with clear
explanation for the renewal;
b) Having a report on mining performance from the
issue date of license up to the time of renewal application, specifying that
the mineral reserves in the mining area has not been extracted yet under the
mining license;
c) By the time of renewal application; the licensed
mining entity has fulfill obligations prescribed in Points a, c, d, dd, e and g
Clause 2 Article 55 of the Law on Mineral with regard to the mineral extraction
license; and Points c, d, dd, e, and g Clause 2 Article 55, Point a Clause 2
Article 69 of the Law on Mineral with regard to the salvage mining license;
d) It has completely fulfilled the obligations of
the environmental protection, using land, water and technical infrastructure in
the mineral operation in accordance with regulation of the law concerning
mineral and the relevant law;
dd) At the time of renewal application, the next
plan for the mining must comply with the mineral planning approved as
prescribed at point c or point d, clause 1, Article 10 of the Law on mineral.
2. Renewal of mining license
or salvage mining license is the renewal of the time for the right of mining
performance on the basis of the remaining mineral reserves permitted by the
renewal time without any change of capacity allowed.
If the mining entity wishes to increase the mining
capacity, it must make a renovated or expanded investment project; send an
environmental impact assessment report or environment protection plan, plan for
environment renovation and remediation for approval as prescribed. When
renewing the mining license, the mining area can be adjusted in accordance with
the remaining mineral reserves, but not exceeding beyond the scope of mining
area that is licensed earlier.
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Article 40. Mineral reserves
permitted for mining design
1. Mineral reserves in a
mining project permitted for mining design prescribed in Article 52 of the Law
on Mineral include the whole or a part of mineral reserves approved by competent
authorities, not located in the areas banned or temporarily banned from mineral
operation, in accordance with relevant mineral planning approved by the
competent authority.
2. In a case where, due to
consumption demand, mining time limit, and social factors, mineral reserves
approved or licensed are not fully mobilized, at least 50% of total mineral
reserves approved shall be specified in the mining design in terms of solid
minerals, or at least 35% of total mineral reserves approved shall be specified
in the mining design in terms of mineral water, natural thermal water with
certification of the competent authority prescribed in Article 49 of the Law on
Mineral.
Article 41. Documents and
materials determining actual mining production
1. Depending on different
types of groups of minerals, the actual mining production shall be determined
according to one of documents or materials on technical or financials aspects
prescribed in Clause 2, Clause 3 of this Article.
2. Documents and materials on
technical aspects for the purpose of determining actual mining production
include:
a) Logbook of quantity of crude minerals and
tailings (if any), blasting technical instructions, delivery orders of
industrial explosives;
b) Acceptance record of quantity of each mining
stage, including: Soil preparation, loading, transport, rock waste;
c) Status maps, status drawings of cross-sections
of mining areas;
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3. Documents and materials on
financial aspects for the purpose of determining actual mining production
include:
a) Purchase invoices/delivery orders of materials
provided for mining stages prescribed in Point b Clause 2 hereof;
b) Sale invoices/ delivery orders of crude minerals
transported out of the mining areas;
c) Sale contract of crude minerals or minerals
which have been beaten crushed, screened, washed; acceptance records of
quantity; and finalization of sale contract of minerals.
Article 42. Determining actual
mining production
1. According to those
documents and materials prescribed in Clause 2, Clause 3 Article 41 of this
Decree, the actual mining production is the total of:
a) Crude minerals that have been consumed; those
that have been beaten, crushed, screened and other activities for the purpose
of enriching minerals;
b) Crude minerals that have been stored in
warehouses but not consumed or transported out of the mining areas.
2. The mining entity, other
than household business shall install a weighting terminal at the location where
crude minerals are transported out of the mining areas; install surveillance
cameras at warehouses to store relevant information.
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4. The Ministry of Natural
Resources and Environment shall provide guidelines for procedures, methods of
determination and forms of statistics on actual mining production.
Article 43. Management,
storage and use of figures of mining production
1. Each mining entity shall
maintain the documents prescribed in Article 41 hereof from the stage of mine
capital construction to the mining termination and mine closure, and take legal
responsibility and be held accountable to mineral authorities for the accuracy
of those documents.
In a case where the mining entity fails to prepare
documents, or prepare inadequate documents, or prepare documents without
sufficient storage, or inaccurate figures or information resulting in losses of
government budget, it shall have liability as prescribed by law.
2. Original documents
determining actual mining production shall be kept at the mining areas and
their duplicate shall be kept at the premises of the mining entity.
3. Time limit for archives of
the documents prescribed in Clause 2, Clause 3 Article 41 hereof shall be
consistent with regulations of law on archives. With regard to documents used
to determine annual mining production, digital data shall be maintained until
the mining termination or mine closure.
4. Upon request of a competent
authority or an inspectorate established by the competent authority, the mining
entity shall provide sufficient documents and materials specified in Clause 2,
Clause 3 Article 41 hereof. In case of insufficient documents or false
declaration, the mining entity shall have liability as prescribed by law.
Section 5. AMENDMENTS TO PLAN
FOR ENVIRONMENT IMPROVEMENT AND REMEDIATION; MINE CLOSURE
Article 44. Amendments to plan
for environment improvement and remediation
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a) Any change in quantity of work items or
occurrence of new work items resulting in an increase in estimate of
environment improvement and remediation works of more than 15% of total
estimate of the approved plan for environment improvement and remediation,
after the mining design is approved;
b) An increase in actual quantity of work items
resulting in an increase of more than 10%in estimate of each work item in the
approved plan for environment improvement and remediation.
2. Before the environment
improvement and remediation is initiated on the areas whose reserves are fully
extracted, the mining entity shall notify the receiving authority in writing as
prescribed in Clause 1, Clause 3 Article 47 hereof. Within 15 working days, the
receiving authority must complete the verification visits on site, verification
of relevant documents and request the authority that has issued its mining
license to make a reply to the mining entity.
If the mining entity wishes to close mines so as to
return the areas whose reserves are fully extracted, it shall make a project
for mine closure and request the authority that has issued its mining license
for approving such closure, and notify the competent authority of amendments to
the plan for environment improvement and remediation.
Article 45. Evaluating the
project of mine closure
1. The Ministry of Natural
Resources and Environment, the People’s Committee of province under the
competence prescribed in clause 1 and clause 2, Article 82 of the Law on
mineral, organize the evaluation the project of the mine closure before making
decision to close it down.
2. The evaluation of a project
of mine closure shall be passed by an evaluation council established by the
Ministry of Natural Resources and Environment or the People’s Committee of
province where the mine is located. The Ministry of Natural Resources and Environment
stipulates the operation regulation of the Council for evaluation of the
project of mine closure.
Time limit for evaluation of the project of mine
closure may not exceed 60 days from the day on which the satisfactory
application is received.
3. The evaluation content of
the project of the mine closure consists of:
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b) The real state, quantity, volume and safety
degree of the mining works, auxiliary works serving mining; environment
protection works, environment improvement and remediation works, including the
waste dumps of mine by the time of closure;
c) The actual quantity of mineral that have been
extracted, the remaining mineral reserves in licensed mining areas in
comparison with the permitted reserves specified in the mining license by the
time of closure;
d) Volume of work and method of closing the mine,
the measurement of protecting mineral not yet been extracted; the solutions to
ensure the safety for the exploitation work site after the closure and
auxiliary works; quantity of environment improvement and remediation works;
time reserved for stability and safety of waste dumps; relevant measures for
soil and environmental restoration during the execution process of project of
mine closure and direction of land use after mine closure.
dd) The volume and progress of work performance of
the project and the time for the completion of work items in the project of
mine closure.
4. The Ministry of Finance shall stipulate amounts,
management, and use of fees for evaluation of project of mine closure,
acceptance of project of mine closure.
Article 46. Execution and
acceptance of project of mine closure
1. Upon expiry of the mining license or returning
of the mining license or a part of mining areas, the mining entity shall make a
project of mine closure and submit it to the competent authority for approval
and execution.
2. In a case where the mining entity is dissolved,
goes bankrupt, competent licensing authority shall select an entity capable of
making and executing a project of mine closure through bidding. In case of
failure to select such an entity through bidding, the competent licensing
authority shall designate an entity to execute the project.
If a project of mine closure has been approved and
the mining entity has mobilized fully available capital, equipment and
technology, but it fails to execute or execute incompletely work items in the
project of mine closure, the authority that has approved the project shall
select the entity according to aforesaid method.
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4. The performance of project
of mine closure shall be accepted by the receiving authority as prescribed in
Clause 1, Clause 3 Article 47 hereof before it is forwarded to the licensing
authority for decision on mine closure as prescribed by the Ministry of Natural
Resources and Environment.
The refund of total deposits on environmental
remediation shall be verified when the performance of project of mine closure
is considered acceptance.
Chapter V
PROCEDURES FOR ISSUANCE
OF MINERAL OPERATION LICENSES, APPROVAL FOR MINERAL RESERVES AND MINE CLOSURE
Section 1. RECEIVING AUTHORITY,
FORM OF RECEIVING AND GIVING PROCESSING RESULTS
Article 47. Receiving
authorities of applications for mineral operation licenses, applications for
approval for mineral reserves, applications for mine closure
Receiving authorities of applications for mineral
operation licenses, applications for approval for mineral reserves,
applications for mine closure:
1. The General Department of
Geology and Minerals is the receiving authority of applications for mineral operation
licenses, applications for mine closure under competence of licensing of the
Ministry of Natural Resources and Environment.
2. The Office of National
Council for Evaluation of Mineral Reserves is the receiving authority of
applications for approving and certifying the mineral reserves in the
exploration findings under the competence of licensing of the Ministry of
Natural Resources and Environment.
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Article 48. Form of receiving
and returning the result of applications for mineral operation licenses,
applications for approval for mineral reserves, application for mine closure
1. An application for mineral
operation license or an application for mine closure shall be directly submitted
or sent by post to the receiving authority as prescribed in clause 1 and clause
3, Article 47 of this Decree or via online public services.
An application for approval for mineral reserves
shall directly submitted to the receiving authority as prescribed in clause 2
and clause 3, Article 47 of this Decree.
2. The processing time
prescribed in clause 2, Article 48, clause 2, Article 50, clause 2, Article 60
and clause 2, Article 71 of the Law on mineral shall begin from the date on
which the receiving authority provides a receipt note.
3. The processing results
shall be given as follows:
a) The processing results related to an application
for mineral operation license, including an application for registration of
mining areas and quantity in terms of mineral as general building materials in
construction areas of projects, application for registration of quantity of
sand and gravels recovered from project of dredging, widening of canals shall
be directly given at the premises of the receiving authority;
b) The processing results related to an application
for approving and certifying mineral reserves in exploration findings; an
application for mine closure shall be directly given at the premises of the
receiving authority or by post.
Section 2. FORMS OF DOCUMENTS IN
APPLICATIONS
Article 49. Application for
issuance, renewal, returning of license, returning of one part of mineral
exploration area, transfer of mineral exploration right
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a) The original: Application form for mineral
exploration license; the map of mineral exploration area; project of mineral
exploration;
b) Certified true copy or the copy enclosed with
original for collation of: business registration certificate or certificate of
enterprise registration; decision on establishing representative office, branch
in Vietnam in case of foreign enterprises; plan for environment protection
approved by the competent authority in case of toxic mineral exploration;
document certifying auction winning in case of auctioning the mineral
exploitation right in the area where the mineral exploration have not yet
carried out; documents establishing owner’s equity as prescribed at Article 9
hereof.
In case of an application for exploration of
radioactive ores, an evaluation of safety issued by the Department of radiation
and nuclear safety affiliated to the Ministry of Science and Technology is also
required.
2. Documents in the
application for the renewal of mineral exploration license as prescribed in
clause 2 Article 47 of the Law on mineral is made in 01 set in the form as
follows:
a) The original: Application form for renewal of
mineral exploration license; exploration findings performed to the time of the
renewal application and the plan for the next mineral exploration; the map of
mineral exploration area (after returning 30% of exploration area earlier);
b) The original, certified true copy or the copy
enclosed with original for collation of: the documents of the obligation
fulfillment relating to the exploration activities by the time of the
application for the renewal of mineral exploration license.
3. Documents in the
application for returning the mineral exploration license or returning one part
of mineral exploration area as prescribed in clause 3, Article 47 of the Law on
mineral is made in 01 set in the form as follows:
a) The original: Application form for returning the
mineral exploration license or returning one part of mineral exploration area;
the mineral exploration license; exploration findings performed by the time of
returning proposal; the map of mineral exploration area, the plan for the next
mineral exploration in case of returning one part of the exploration area;
b) The original, certified true copy or the copy
enclosed with original for collation of: the documents of the obligation
performance relating to the exploration activities by the time of the returning
proposal.
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a) The original: Application form for transferring
the mineral exploration right, contract for transferring the mineral
exploration right; exploration findings by the time of the proposal for the
transfer of the mineral exploration right;
b) The original, certified true copy or the copy
enclosed with original for collation of business registration certificate or
enterprise registration certificate of the transferee of mineral exploration
right; documents establishing the obligation fulfillment of transferor as
prescribed in Points b, c, d and e Clause 2 Article 42; Clause 3 Article 43 of
the Law on Mineral;
Article 50. Application for
approval of the mineral reserves
Documents in an application for approval of the
mineral reserves as prescribed in clause 1 Article 50 of the Law on mineral is
made in 01 set in the form as follows:
1. The original: Application
form for approval of mineral reserves; exploration findings or exploration
findings for upgrade of mineral reserve category, the appendices, drawing and
the concerned original documents; appendix of interpreting the temporary target
of mineral reserves calculation; the acceptance certificate of volume and
quality of the mineral exploration works already built; report on supervision
of mineral exploration project.
2. The original, certified
true copy or the copy enclosed with original for collation of: Evaluated
mineral exploration project and mineral exploration license; mining license in
case of further exploration for upgrade of reserve category in the licensed
mining area.
3. The data of the document as
prescribed in clause 1 of this Article is recorded in CD (01 set).
Article 51. Application for
issuance, renewal or returning of mining licenses, returning of part of the
mining area, or transfer of the mining right
1. Documents in an application
for mining licenses prescribed in clause 1, Article 59 of the Law on mineral is
made into 01 set in the form as follows:
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b) The certified true copy or the copy enclosed
with original for collation of: business registration certificate or enterprise
registration certificate; decision on the mineral reserves approval of the
competent authority; document certifying auction winning in case of auctioning
the mining right in the area where exploration results are given; report on
environmental impact assessment attached to the decision on approval of the
competent authority; decision on investment policies (for domestic investors),
investment registration or certificate of investment registration (for
enterprises involving foreign elements); document establishing the equity
capital as prescribed at Article 9 hereof.
In case of an application for mining of radioactive
ores, an evaluation of safety issued by the Department of radiation and nuclear
safety affiliated to the Ministry of Science and Technology is also required.
2. Documents in an application
for the renewal of mining license as prescribed in clause 2 Article 59 of the
Law on mineral is made in 01 set in the form as follows:
a) The original: Application form for the renewal
of mining license; the map of the mining status at the point of time of the
renewal; report of mining performance by the time of the renewal application;
b) The original, certified true copy or the copy
enclosed with original for collation of: The documents demonstrating the
complete performance of obligations as prescribed at points a, b, c, dd, e and
g, clause 2, Article 55 of the Law on mineral by the time of the renewal proposal.
3. Documents in an application
for returning the mining license or one part of surface of the mining area as
prescribed in clause 3 Article 59 of the Law on mineral is made into 01 set in
the form as follows:
a) The original: Application form for returning the
mining license or one part of the mining area; the map of the mining status at
the point of time of the returning proposal; the mining license, report of
mining result by the time of returning proposal; the project of closing the
mine or project of closing a part of mining areas, in case of returning a part
of mining areas;
b) The original, certified true copy or the copy
enclosed with original for collation of: The documents demonstrating the
complete performance of obligations as prescribed at points a, b, c, dd, e and
g, clause 2, Article 55 of the Law on mineral by the time of returning
application.
4. Documents of an application
for the mining right transfer as prescribed in clause 4, Article 59 of the Law
on mineral, including the case that the licensed mining entity transfers its
mining right to its affiliate(s) whose 100% of capital is held by such entity
is made into 01 set in the form as follows:
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b) The original, certified true copy or the copy
enclosed with original for collation of: The documents demonstrating the
complete performance of obligations as prescribed at points a, b, c, dd, e and
g, clause 2, Article 55 of the Law on mineral by the time of transfer;
c) The certified true copy or the copy enclosed
with original for collation of: certificate of business registration or
enterprise registration certificate (for the transferee), investment
registration or certificate of investment registration (for the transferee being
an enterprise involving foreign elements).
Article 52. Applications for
issuance, renewal or returning of salvage mining licenses
1. Documents in an application
for granting a salvage mining license as prescribed in clause 1, Article 70 of
the Law on mineral is made into 01 set in the form as follows:
a) The original: Application from for granting the
salvage mining license; map of mineral salvage mining area; project of mining
investment attached the approval decision;
b) The original, certified true copy or the copy
enclosed with original for collation of: report on environmental impact
assessment attached to the approval decision or the plan for environment
protection together with the confirmation of the competent authority;
certificate of business registration.
2. Documents in an application
for renewal of salvage mining license as prescribed in clause 2 Article 70 of
the Law on mineral is made into 01 set in the form as follows:
a) The original: Application form for renewal of
salvage mining license; report on mineral salvage mining result by the time of
the renewal application;
b) The original, certified true copy or the copy
enclosed with original for collation of: The documents demonstrating the
complete performance of obligations as prescribed at clause 2, Article 69 of
the Law on mineral by the time of the renewal application.
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a) The original: Application form for returning the
salvage mining license; salvage mining license; report on mineral salvage
mining result by the time returning the license; the project of mine closure;
b) The original, certified true copy or the copy
enclosed with original for collation of: The documents demonstrating the
complete fulfillment of obligations as prescribed at clause 2, Article 69 of
the Law on mineral by the time of the returning application.
Article 53. Application for
registration of mining areas, capacity, quantity, methods, equipment and plan
related to minerals as building materials in the project construction’s area
1. Composition and forms of
documents in an application for registration of mining areas, capacity,
methods, equipment and plan related to minerals as building materials in the
project construction’s area prescribed in Point a Clause 2 Article 64 of the
Law on Mineral include:
a) The original: A registration form of mining area,
capacity, quantity, methods, equipment and plan
b) The original, certified true copy or the copy
enclosed with original for collation of: Master plan drawings of the project
construction’s area and decision on approval for the project issued by the competent
authority; report on environmental impact assessment of the project approved by
the competent authority.
2. In case of registration of
sand volume recovered from the project of dredging and widening of canals, the
application includes:
a) The original: An application form for recovery
of sand, gravels, attached with drawings of location, scope of the project of
dredging and widening of canals; a registration of quantity, plan, methods, and
equipment used for recovering sand and gravels;
b) The original, certified true copy or the copy
enclosed with original for collation of: Plan and schedule for executing the
project of dredging and widening of canals and decision on approval for the
project of the competent authority; a report on environmental impact assessment
approved by the competent authority; a sand storage lease (if any).
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Composition and forms of documents in an
application for mining license in areas with construction project prescribed in
Clause 2 Article 65 of the Law on Mineral include:
1. The original: An
application form for mining license; a map of mining areas which specifies
scope, area of the construction project; a plan for mining in the project’s
area enclosed with a plan for environment improvement and remediation approved
by the competent authority;
2. The original, certified
true copy or the copy enclosed with original for collation of: An enterprise
registration certificate, a decision on investment policies regarding the
construction project (if any); approval for construction project of competent
authority; a master plan map of the construction project’s area approved by the
competent authority; an approval for mineral reserves located in the
construction project’s area issued by the competent authority (if any); a
report on environmental impact assessment or a plan for environment protection
of the construction project enclosed with an approval of competent authority.
Article 55. Applications for
amendments to mining licenses
1. A mining license shall be
amended in the following cases:
a) The mineral reserves determined by further
exploration for upgrade of mineral category in the mining area approved by the
competent authority exceed the certainty of the equivalent reserves that are
approved earlier;
b) Mining capacity is proposed to increase by more
than 15% of the mining capacity specified in the mining license;
c) The mining entity changes its name;
d) Mining methods or technology, permitted reserves
for mining design specified in the project of mine design are changed.
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a) The original: An application form for amendments
to the mining license; the project amended according to new approved reserves
or amended capacity, mining methods or technology enclosed with an approval
thereof; a report on environment impact/environment protection plan enclosed
with an approval thereof; a report on mining performance, fulfilled obligations
up to the time of applying for amendments and other approvals for amendments;
b) The original, certified true copy or the copy
enclosed with original for collation of: Description and enclosed drawings and
an approval for results of further exploration for upgrading reserve category
of competent authority; documents in connection with change of name,
organizational structure prescribed in Point c Clause 1 hereof.
3. The competent authority
which issues a mining license shall also be the competent authority to issue a
decision on amendments to such mining license. A decision on amendments to a
mining license shall be an integral legal document to such mining license.
Article 56. Application for
approving mine closure project
1. Documents of an application
for approving mine closure project prescribed in Article 73 of the Law on
mineral include:
a) An application form for approving of mine
closure project;
b) Mine closure project;
c) The status map of the mineral mine closing area;
d) The documents demonstrating the complete
performance of obligations relating to the mining by the time of closing the
mineral mine.
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a) The original: An application form for approving
project of mine closure; project of mine closure; status map of the mine
closing area by the time of applying for mine closure; report on implementation
of plan for environment improvement and remediation at the time of mine
closure;
b) The original, certified true copy or the copy
enclosed with original for collation of: a mining license; a plan for
environment improvement and remediation and an approval thereof and documents
demonstrating the complete performance of obligations as prescribed at points
a, b, c, dd, e and g, clause 2, Article 55 by the time of the mine closing
application.
Article 57. Form of documents
in application for mineral operation licenses, application for approval of the
mineral reserves, application for mine closure
1. Documents in an application
for mineral operation license; registration of mining area, capacity, quantity,
methods, equipment and plan related to mineral as general building materials in
the construction project’s area; registration of volume of sand and gravels
recovered during the execution process of project of dredging and widening of
canals; an application for approving mineral reserves, an application for mine closure;
the forms of: A mineral exploration license, a mining license, exploration
findings, a certification of registering mining related to mineral as general
building materials in the construction project’s area; certification of volume
of sand and gravels recovered during the execution process of project of
dredging and widening of canals, a certification of mineral reserves; an
approval for project of mine closure and a decision on mine closure that is
made using single forms nationwide.
2. The Ministry of Natural
Resources and Environment promulgates the forms of documents as prescribed in
clause 1 of this Article.
Section 3. PROCEDURES
Article 58. Procedures for
issuance of mining licenses
1. An application for mining
license in an area with no auction of the mining right is received as follows:
a) When receiving an application from the first
applicant having need of mineral exploration, the receiving authority will
publicly announce the name of such applicant, name of the kind of mineral and
location of area suggesting the mineral exploration at its head office and on
the website of the licensing competent authority and national bidding network,
the Vietnam Public Procurement Review Journal.
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b) Upon expiry of the time limit prescribed in
point a of this clause, the receiving authority does not receive any
application and select an applicant to be issued with a mineral exploration
license as prescribed in clause 2, Article 25 of this Decree.
The time for selecting applicant to be issued with
the mineral exploration license is 05 working days, from the expiry day of
notice as prescribed at point a of this clause;
c) Upon expiry of the time limit regulated at the
point b of this clause, if an application is selected, the receiving authority
shall provide a receipt notice and publicly announces the name of the selected
applicant at its head office on the website of the competent authority to grant
license.
For the applicants whose applications are not
selected, the receiving authority shall notify them of the refusal and provide
explanation in writing.
2. An application for mineral
exploration of an applicant that wins the auction of the mining right in the
area where the mineral has not been explored shall be received as follows:
a) The applicant that win the auction of the mining
right submit an application for the mineral exploration to the receiving
authority;
b) Within 05 working days, the receiving authority
shall verify the documents in the application. In case the documents meet the
conditions in the clause 1, Article 47 of the Law on mineral and the clause 1,
Article 49 of this Decree, the receiving authority shall provide a receipt
note.
3. In a case where the
application for the mineral exploration is not sufficient or it is sufficient
but its documents are not consistent with regulations of law, the receiving
authority shall provide guidelines in writing for the applicant for the purpose
of amending and completing the application. The guidance and request for
amendments and completion of application from the receiving authority is made
only one time.
4. Verification of application
for the mineral exploration
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a) Checking the coordinates, the area proposed for
mineral exploration, including on-site verification;
b) Submitting document to the relevant agencies
concerning the area proposed for mineral exploration in case prescribed in
clause 3, Article 48 of the Law on mineral.
Within 20 days from the day receiving the request
for consultation from the receiving authority, the consulted agency is
responsible for replying in writing the concerned problems. After the
above-mentioned time limit, no reply from the consulted agency can be deemed
acceptance;
c) Verify the project of the mineral exploration
before submission for granting the mineral exploration license by the procedure
prescribed in the Article 59 of this Decree.
5. The submission for granting
the mineral exploration license is made as follows:
a) Within 21 days from the day of completing the
tasks as prescribed in clause 4 of this Article, the receiving authority is
responsible for completing and submitting the application for the exploration
license to the competent authority to grant the license;
b) Within 07 working days from the day of receiving
the application from the receiving authority, the competent authority will
decide to grant or not grant the mineral exploration license. If the
application is rejected, it must provide explanation in writing.
6. Giving processing results
of application for mineral exploration license
Within 07 days from the day of receiving the
application from the licensing competent authority, the application receiving
organ will notify the organizations and individuals that propose to be granted
the mining License in order to receive the result and carry out the relevant
obligations as prescribed.
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1. The assessment procedure for
a mineral exploration project under licensing competence of the Ministry of
Natural Resources and Environment is made within the time limit prescribed in
Clause 4 Article 58 hereof, in particular:
a) Within 35 days from the day on which the receipt
note is provided, the receiving authority will send the project of exploration
for consultation with some experts of specialized field. The time for reply
from the experts will not exceed 10 working days from the time receiving the
request for consultation from the receiving authority;
b) Within 05 working days from the day of receiving
the replies from the experts, the receiving authority is responsible for
consolidating all replies and enclosing with the application for the mineral
exploration to the Chairman of the Council for assessment of the mineral
exploration project as prescribed in clause 3 of this Article (hereafter called
the Council of assessment);
c) Within 10 days, from the day of receiving the
application for the mineral exploration, together with the consultation of the
experts prescribed in Point b hereof, the Chairman of the assessment council
will decide to convene a meeting of the Council of assessment.
d) Within 05 working days from the closing day of
the meeting, the receiving authority must complete the minutes of meeting of
the assessment council. In a case where the project needs to be amended or the
project must be made again, the receiving authority will send a written notice
clearly stating the reason for the disapproval of the project or the contents
that need amending the project attached to the minutes of meeting of the
assessment council.
The time in which the applicant for exploration
license amends or re-makes the project of mineral exploration will not be
included in the period of the mineral exploration project assessment.
2. The assessment procedure
for a mineral exploration project under licensing competence of the People’s
Committee of province is made within the time limit prescribed in Clause 4
Article 58 hereof, in particular:
a) Within 40 days from the day on which the receipt
note is provided, the receiving authority will send the project of exploration
for consultation with some experts of specialized field and the organization in
charge of assessment of mineral exploration project. The time for reply from
the experts will not exceed 10 working days from the time receiving the request
for consultation from the receiving authority.
In case of complicated mineral exploration project,
the receiving authority shall request the People’s Committee of province to
establish a technical council for assessment of the project. The time in which
the technical council is established and convened shall be included in the time
limit for assessment of the mineral exploration project;
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c) Within 10 days from the day of receiving the
application for the mineral exploration attached to the consultation of the
experts, the People’s Committee of province will consider approving the project
of mineral exploration in order to grant license or establish the assessment
council in the necessary cases.
In case of amending the project of mineral
exploration based on consultation of the People’s Committee of province or of
the assessment council, the receiving authority will send written notice
clearly stating the reason of disapproval of the project or of the contents
that need to amended the project of mineral exploration.
The time in which the applicant for exploration
license amends or re-makes the project of mineral exploration will not be
included in the period of the mineral exploration project assessment.
3. The Ministry of Natural
Resources and Environment stipulates the organization and operation of the
council for assessment of the mineral exploration project.
Article 60. Procedures for
issuance of mining licenses
1. Applications shall be
received as follows:
a) An applicant for a mining license shall submit
an application to the receiving authority;
b) Within 05 working days, the receiving authority
shall verify the documents in the application. In case of documents are
satisfied with regulations prescribed in clause 1, Article 59 of the Law on
mineral and clause 1, Article 51 of this Decree, the receiving authority shall
provide a receipt note. In case the application for the mining license has not
complete documents as prescribed or has enough but the content of the documents
in the application is not consistent with regulations of law, the receiving
authority makes guidelines in writing for the applicant to amend and complete
the application. The guidance, request of supplement and completion of
application from the receiving authority is made only one time.
2. Verification of application
for mining license:
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b) Within 06 days from the day of completing the
tasks as prescribed at point a of this clause, the receiving authority will
send requests for consultation to the relevant agencies concerning the grant of
the mining license in accordance with the regulation at point c, clause 2,
Article 60 of the Law on mineral.
Within 20 days from the day on which the request
for consultation is received, the consulted agency is responsible for replying
in writing the concerned problems. After the above-mentioned time limit, no
reply from the consulted agency can be deemed acceptance. The time of
consultation shall be not being included in the assessment period;
c) Within 40 days, the receiving authority must
complete the verification of the documents and other content relating to the
mining and specify the charge for granting the mining right.
3. The submission for
application of granting the mining license is made as follows:
a) Within 05 days from the day of completing the
tasks as prescribed in clause 2 of this Article, the receiving authority is
responsible for completing and submitting the application for the exploration
license to the competent authority to grant the license;
b) Within 07 working days from the day of receiving
the application from the receiving authority, the competent authority that has
the licensing competence will decide on the approval or disapproval of granting
the mining License. In case of disapproval, it must provide explanation in
writing.
4. Notifying and giving
processing results of the application for the mining license
Within 07 days from the day of receiving the
application from the licensing competent authority, the receiving authority
will notify the applicant for mining license of receiving processing results
and fulfill the relevant obligations as prescribed. The above-mentioned time
limit shall exclude the period of time in which the mining entity has paid the
charge for initial mining right.
Article 61. Procedures for
amendments to mining licenses
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a) The mining entity shall submit an application
for amendments to the mining license with the equivalent type of mineral to the
receiving authority;
b) Within 05 working days, the receiving authority
shall verify the documents in the application. In case where documents are
satisfied with regulations prescribed in clause 2, Article 55 of this Decree,
the receiving authority shall provide a receipt note. In case the application
for the mining license has not complete documents as prescribed or has enough
but the content of the documents in the application is not consistent with
regulations of law, the receiving authority makes guidelines in writing for the
applicant to amend and complete the application. The guidance, request of
supplement and completion of application is made only one time.
2. Verification of
applications for amendments to mining licenses:
a) Within 20 days from the day on which a receipt
note is received, the receiving authority is responsible for completing the
verification of documents in the application, including on-site verification;
b) In case of any amendment to the mining license
due to the change of licensed mineral reserves resulting in adjusting the
charge for granting mineral extraction right, the period of time in which such
task is completed shall not be included in the processing time.
3. The submission for
application for amendments to mining license is made as follows:
a) Within 05 days from the day of completing the
tasks as prescribed in clause 2 of this Article, the receiving authority is
responsible for completing and submitting the application for the exploration
license to the competent authority to grant the license;
b) Within 07 working days from the day of receiving
the application from the receiving authority, the licensing competent authority
will decide on the approval or disapproval of granting the mining license. In
case of disapproval, it must provide explanation in writing.
4. Notifying and giving
processing results of the application for amendments to mining license
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Article 62. Application for
registration of mining areas, capacity, methods, equipment and plan related to
minerals as building materials in the construction project’s area
1. Applications shall be
received as follows:
a) An applicant for registration shall submit an
application to receiving authority;
b) Within 05 working days, the receiving authority
shall verify the documents in the application. In case where documents are
satisfied with regulations prescribed in Article 53 of this Decree, the
receiving authority shall provide a receipt note. In case the application for
the mining license has not complete documents as prescribed or has enough but
the content of the documents in the application is not consistent with
regulations of law, the receiving authority makes guidelines in writing for the
applicant to amend and complete the application. The guidance, request of
supplement and completion of application from the receiving authority is made
only one time.
2. The verification of the
application is made as follows:
a) Within 10 days from the day on which a receipt
note is provided, the receiving authority is responsible for checking the
coordinates, the area that proposed for mining and on-site verification;
b) Within 25 days, the receiving authority must
complete the verification of the documents and other content relating to the
mining and specify the charge for granting the mining right.
3. The submission for
application for mining registration is made as follows:
a) Within 05 days, from the date on which the tasks
prescribed in Clause 2 hereof are completed, the receiving authority shall
complete and submit the application for mining registration to People's
Committee of province where the construction project or project of dredging and
widening of canals is located;
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4. Notifying and giving
processing results of the application for the mining license
Within 05 days from the day of receiving the
application from the licensing competent authority, the receiving authority
will notify the applicant for mining license of receiving processing results
and fulfill the relevant obligations as prescribed, and notify local government
of district or commune for cooperation and supervision. The above-mentioned
time limit shall exclude the period of time in which the mining entity has paid
the charge for initial mining right.
Article 63. Procedures for
applications for mining licenses in areas with construction projects
1. Applications shall be received
as follows:
a) An applicant for a mining license shall submit
an application to the receiving authority;
b) Within 05 working days, the receiving authority
shall verify the documents in the application. In case where documents are
satisfied with regulations prescribed in Article 54 of this Decree, the
receiving authority shall provide a receipt note. In case the application for
the mining license has not complete documents as prescribed or has enough but
the content of the documents in the application is not consistent with
regulations of law, the receiving authority makes guidelines in writing for the
applicant to amend and complete the application. The guidance, request of
supplement and completion of application from the receiving authority is made only
one time.
2. The verification of the
application is made as follows:
a) Within 10 days from the day on which a receipt
note is provided, the receiving authority is responsible for checking the coordinates,
the area that proposed for mining and on-site verification;
b) Within 35 days, the receiving authority must
complete the verification of the documents and other content relating to the
mining and specify the charge for granting the mining right.
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a) Within 05 days from the day of completing the
tasks as prescribed in clause 2 of this Article, the receiving authority is
responsible for completing and submitting the application for the exploration
license to the competent authority to grant the license;
b) Within 07 working days from the day of receiving
the application from the receiving authority, the competent authority that has
the licensing competence will decide on the approval or disapproval of granting
the mining License. In case of disapproval, it must provide explanation in
writing.
4. Notifying and giving
processing results of the application for the mining license
Within 10 days from the day of receiving the
application from the licensing competent authority, the receiving authority
will notify the applicant for mining license of receiving processing results
and fulfill the relevant obligations as prescribed. The above-mentioned time
limit shall exclude the period of time in which the mining entity has paid the
charge for initial mining right.
Article 64. Procedures for
issuance of salvage mining licenses
1. Applications shall be
received as follows:
a) Any applicant for salvage mining license shall
submit such an application to the receiving authority;
b) Within 05 working days, the receiving authority
shall verify the documents in the application. In case the documents meet the
conditions in the clause 1, Article 70 of the Law on mineral and the clause 1,
Article 52 of this Decree, the receiving authority shall provide a receipt
note.
In case the application for the mining proposal has
not complete documents as prescribed or has enough but the content of the
documents in the application is not in accordance with the regulation of the
law, the receiving authority makes a guidance in writing for the organizations
and individuals for supplementing and completing application. The issuance of
guidance document, request of supplement and completion of application from the
receiving authority is made only one time. The guidance, request of supplement
and completion of application from the receiving authority is made only one
time.
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a) Within 05 days from the day on which a receipt
note is provided, the receiving authority is responsible for checking the
coordinates, the area that proposed for salvage mining and on-site
verification;
b) Within 15 days, the receiving authority must
complete the evaluation of the documents and other content relating to the area
proposed for mineral salvage mining.
3. The submission for
application of granting salvage mining license is made as follows:
a) Within 02 days from the day of completing the
tasks as prescribed in clause 2 of this Article, the receiving authority is
responsible for completing and submitting the application for the exploration
license to the competent authority to grant the license;
b) Within 05 working days from the day of receiving
the application from the receiving authority, the licensing competent authority
will decide on the approval or disapproval of granting the salvage mining
license. In case of disapproval, there must be a written response clearly
stating the reason.
4. Giving processing results
of application for salvage mining license:
Within 03 working days from the day on which the
application for salvage mining license is received, the receiving authority
will notify the applicant for salvage mining license to receive processing
result and fulfill the relevant obligations as prescribed.
Article 65. Procedures for
renewal, transfer, returning of one part of the area, returning of the mineral
exploration license, the mining license; renewal and returning of salvage
mining license
1. Applications shall be
received as follows:
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b) Within 05 working days, the receiving authority
shall verify the documents in the application. In case of satisfactory
application, the receiving authority shall provide a receipt note.
In case the application has not complete documents
as prescribed or has enough but the content of the documents in the application
is not in accordance with the regulation of the law, the receiving authority
makes guidance in writing for the organizations and individuals to supplement
and complete the application. The guidance, request of supplement and
completion of application from the receiving authority is made only one time.
2. The evaluation of the
application is made as follows:
a) Within 05 working days, from the day on which
the receipt note is provided, the receiving authority is responsible for
checking the coordinates, the area proposed for the renewal, transfer,
returning of one part of the area, returning of the mineral exploration
license, the mining license; within 03 days for the case of renewal; returning
of the salvage mining license including on-site verification;
b) Within 30 working days, the receiving authority
must complete the verification of the documents and other content relating to
the renewal, transfer, returning of one part of the area, returning the mineral
exploration license, returning the mining license; within 05 working days for
the case of renewal; returning of the salvage mining license.
3. Submitting the application
to the licensing competent authority:
a) Within 02 days from the day of completing the
tasks as prescribed in clause 2 of this Article, the receiving authority is
responsible for completing and submitting the application for the exploration
license to the competent authority to grant the license;
b) Within 5 working days from the day on which the
application is received, the licensing competent authority will decide on the
approval or disapproval of the renewal, transfer, returning of one part of the
area, returning the mineral exploration license, returning the mining license;
within 03 working days for the case of renewal, returning of the salvage mining
license. In case of disapproval, there must be a response in writing clearly
stating the reason.
4. Giving processing results
of application
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Article 66. Procedures for
approval of the mineral reserves
1. Applications shall be
received as follows:
a) The applicant that win the auction of the mining
right submit an application for approval of mineral reserves to the receiving
authority;
b) Within 05 working days, the receiving authority
is responsible for verifying the application. In case the documents meet the
conditions in the clause 1, Article 50 of the Law on mineral and article 50 of
this Decree, the receiving authority will notify the applicant for approval of
mineral reserves to make the charge payment for verification of the mineral
reserves as prescribed. The receiving authority shall provide a receipt note
after the applicant has paid the charge for verification and approval of the
mineral reserves.
In case the application has not complete documents
as prescribed or has enough but the content of the documents in the application
is not in accordance with the regulation of the law, the receiving authority
makes guidance in writing for the applicant to amend and complete the
application. The guidance and request for amendments and completion of
application from the receiving authority is made only one time.
2. The verification of the
report of the mineral reserves is made as follows:
a) Within 30 days, from the day on which the
receipt note is provided, the receiving authority is responsible for checking
all applications, documents and reports; on-site verification at the mineral
exploration area, sample of drill core, ditch, well in necessary cases;
b) Within 60 days from the day of completing work
specified at point a of this clause, the receiving authority will send the
report of exploration result to the experts of specialized fields for
consultation on the relevant content in the report of mineral exploration. The
time for reply from the experts will not exceed 20 days from the time receiving
the request for consultation from the receiving authority;
c) Within 30 days from the day of completing work
specified at point b of this clause, the receiving authority is responsible for
consolidating the experts’ consultation and preparing application and documents
to present the National Council for Evaluation of Mineral Reserves or the
provincial People’s Committee for consideration.
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The time for the applicant to amend the report of
mineral reserves is not included in the time of report evaluation.
3. The evaluation of the
report of mineral exploration result and approval of the mineral reserves in
the exploration report is made as follows:
a) Within 30 days from the day of completing the
work content as prescribed at the point c, clause 2 of this Article, the
Chairman of the National Council for Evaluation of Mineral Reserves will
convene the council meeting; the People’s Committee of province will decide to
establish the technical consulting council or not as prescribed in clause 3,
Article 34 of this Decree.
b) Within 10 working days after the end of the
meeting of the National Council for Evaluation of Mineral Reserves, the
technical consulting council, the receiving authority must complete the minutes
of the Council meeting. In case of amending the exploration findings based on
the opinion of the National Council for Evaluation of Mineral Reserves, the
technical consulting council, the People’s Committee of province, the receiving
authority will send written notice clearly stating the content that needs
amending enclosed with the minutes of the council meeting.
The time for applicant for approval of additional
reserves, amending the exploration findings is not included in the time for
report evaluation.
c) Within 15 days, from the day receiving the
exploration findings that are supplemented and perfected of the organizations
and individuals proposing the approval of the reserves, the receiving authority
will submit to the competent authority to approve the reserves as prescribed in
clause 1, Article 49 of Law on mineral.
d) Within 5 working days, from the day of receiving
application for approval of the mineral reserves from the receiving authority,
the competent authority that approves the mineral reserves promulgates the
decision on the approval of the mineral reserves in the exploration findings.
4. Giving processing results
of the mineral reserves approval
Within 5 working days from the day of receiving the
application from the competent authority to approve the mineral reserves, the
receiving authority will notify the applicant for approval of reserves receive
the result and fulfill the other relevant obligations.
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1. With regard to areas banned
from mineral operation, or areas temporarily banned from mineral operation
which are not approved as prescribed, the Ministry of Natural Resources and
Environment shall send a request for consultation to the People’s Committee of
province where the minerals exist in terms of the area estimated for issuance
of the mineral operation license relating or not relating to the areas banned
from mineral operation, the areas banned temporarily from mineral operation.
2. Within 30 days from the day
on which the request for consultation is received as prescribed in clause 1 of
this Article, the People's Committee of province will respond in writing to the
Ministry of Natural Resources and Environment.
Chapter VI
AMENDMENTS TO
REGULATIONS ON AUCTION OF MINING RIGHTS AND CHARGES FOR GRANTING MINERAL
EXTRACTION RIGHT
Article 68. Amendments to a
number of articles in the Government's Decree No. 22/2012/ND-CP dated March 26,
2012 on auction of mining rights as follows:
1. Clause 2 Article 3 shall be
amended as follows:
“2. An mineral extraction right auction shall be
held only when at least 2 bidders attend the auction.”
2. Clause 1 Article 6 shall be
amended as follows:
“1. Deposits shall be refunded within 2 days from
the end date of the auction, except for the cases specified in Clause 2 of this
Article.”
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“4. The evaluation of bidder dossiers according to
criterion of owner’s equity of the bidder in the auction of mining rights
prescribed in Point dd Clause 2 Article 15 shall be carried out as follows:
a) Pursuant to the actual cost per unit upon the
exploration of the mineral to be put up for auction in the area where
exploration findings have not been provided or the actual cost per unit upon
the exploration of the mineral to be put up for auction in the area where
exploration findings have been provided in similar conditions, the auction
council of the Ministry of Natural Resources and Environment or People's
Committee of province shall decide the estimates of mineral exploration project
or total investment of the mining project;
b) The estimates of mineral exploration project or
total investment of the mining project prescribed in Point a Clause 4 hereof
shall be the basis in order for the receiving authority to evaluate the
criterion of owner’s equity of the bidder upon selection of bids prescribed in
Clause 2 Article 19 hereof."
4. Point b Clause 2 Article 16
shall be amended as follows:
“b) The original certified true copy or the copy
enclosed with original for collation of: the business registration certificate
or enterprise registration certificate; written introduction of capability and
experience in mineral exploration, extraction and processing; introduction of
financial situation and fund raising capability.”
Article 68. Amendments to a
number of articles in the Government's Decree No. 203/2013/ND-CP dated November
28, 2013 on calculation method and charge for granting the mineral mining right
as follows:
1. Clause 3 and Clause 4 shall
be added to Article 2 as follows:
“3. Mining entities related to mineral as general
building materials that are not required to apply for mining licenses
prescribed in Point a Clause 2 Article 64 of the Law on Mineral; entities
recovering sand from projects of dredging and widening of canals.
4. Mining entities recovering
minerals accompanied.”
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“The charge for granting the mineral mining right
(R) is defined according to group, kind of minerals valued at between 1% and
5%, presented at Annex II enclosed with this Decree.”
3. Regulations on reserves to
calculate charge for granting the mineral mining right prescribed in Clause 2
Article 3 and Article 5 shall be amended as follows:
“2. Reserves to calculate charge for granting the
mineral mining right (Q) means reserves prescribed in Clause 6 Article 2 of
Decree on amendments to the Law on Mineral.”
“Q- Reserves to calculate charge for granting the
mineral mining right specified in Article 6 of this Decree; calculation unit is
m3, metric ton; kg and other units decided by the authority
competent to approve mineral reserves.”
4. Clause 3 Article 6 shall be
amended as follows:
“3. For the licenses in which the competent
agencies have allowed mining, not required for exploration, prescribed in
Article 65 of Law on mineral, or cases of not required to apply for mining
licenses prescribed in Point a Clause 2 Article 64 of the Law on Mineral, the
reserve to calculate charge for granting the mineral mining right shall be
determined according to Point c Clause 1 of this Article.
In case of recovery or use of minerals accompanied
or minerals in waste dumps of the mine according to a valid mining license, or
recovery of sand or gravels from a project of dredging and widening of canals,
the reserve to calculate charge for granting the mineral mining right shall be
determined according to the annual recovered or used minerals.”
5. Article 7 shall be amended
as follows:
“Prices to calculate charge for granting the
mineral mining right is defined under the prices to calculate the resource
royalty in accordance with law on resource royalty according to the time of
determining the charge for granting mineral extraction right.
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Chapter VII
IMPLEMENTATION
Article 70. Transitional
provisions
1. Planning for the geological
baseline surveys of mineral; planning for exploration, mining, processing and
use of mineral approved as prescribed before the effect day of the Law on
mineral are carried out until the planning for mineral as prescribed in the clause
1, Article 10 and Article 11 of this Decree is approved and announced by the
competent authority as prescribed.
2. With regard to applications
for mining licenses received before the effective date of this Decree which
solid mineral reserves mobilized to extraction are less than 50% of total
mineral reserves approved by the competent authority, the reserves to calculate
the charge for granting the mineral mining right equal 50% of total approved
mineral reserves. In case of mineral water extraction, the reserves to
calculate the charge for granting the mineral mining right equal 30% of total
approved mineral reserves.
Article 71. Effect
1. Effect:
a) This Decree comes into force from January 15,
2017;
b) Decree No. 15/2012/ND-CP dated March 9, 2012 of
the Government on guidelines for the Law on Mineral shall be annulled from the
effective date of this Decree.
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Article 72. Implementation
1. The Ministry of Natural
Resources and Environment shall take charge and cooperate with the relevant
Ministries and departments in guidelines for the implementation of this Decree.
2. The Ministers, Heads of
ministerial-level organs, Heads of governmental organs, Chairmen of provincial
People's Committee and other relevant organizations and individuals shall
implement this Decree. /.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc
APPENDIX I
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No.
Mineral type
Unit
Total reserves
and estimated resources
1
Coal
Thousand tonne
<
500
2
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Thousand tonne
<
200
3
Manganese
Thousand tonne MnO2
<
200
4
Chromite
Thousand tonne Cr2O3
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5
Molybdenite
Metal tonne
<
100
6
Wolfram
Metal tonne
<
50
7
...
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Metal tonne
<
500
8
Antimonate
Metal tonne
<
200
9
Copper
Metal tonne
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10
Lead + Zinc
Metal tonne
<
9.000
11
Original tin
Metal tonne
450
12
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Metal tonne
120
13
Deposit Bauxite
Thousand tonne of ore
<
1.000
14
Titan in original ore
Thousand tonne TiO2
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15
Titan in placer
Thousand tonne (total useful minerals)
<
30
16
Original gold
Kg
<
500
17
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Kg
<
50
18
Apatite
Thousand tonne of ore
<
1.000
19
Barite
Thousand tonne
...
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20
Fluorite
Thousand tonne
<
12
21
Phosphorite
Thousand tonne
<
50
22
...
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Thousand tonne of ore
<
1.000
23
Talc
Thousand tonne of ore
<
10
24
Dolomite
Thousand tonne of ore
...
...
...
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25
Graphite
Thousand tonne of ore
<
10
26
Muscovite
Tonne of ore
<
500
27
...
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Thousand tonne
<
100
28
Diatomite
Thousand tonne
<
100
29
White marble to produce powder
Thousand tonne
...
...
...
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30
Cement clay
Thousand tonne
<
2.500
31
Fire-resistant argil
Thousand tonne
<
70
32
...
...
...
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Thousand tonne
<
50
33
Felspath material
Thousand tonne
<
130
34
Cement limestone
Million ton
...
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35
Quartzite, quartz (not crystalline) silicon
Thousand tonne
<
100
36
Magnesite
Thousand tonne
<
100
37
...
...
...
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Thousand tonne
<
100
38
Puzzolan
Thousand tonne
<
250
39
Paving stones (according to the monolithic
recovery ≥ 0.4 m3).
Thousand m3
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APPENDIX II
CHARGES FOR GRANTING MINERAL EXTRACTION RIGHT (R)
(promulgated together with Decree No. 158/2016/ND-CP dated November 29,
2016)
No.
Mineral
type/group
R(%)
I
Minerals are used as the general
constructional material, peat coal
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General building materials (sand, gravels, grits)
5
2
Peat and other general building materials
3
II
Minerals as building materials
1
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3
2
Stone slabs, dolomite, clay cement materials
1
3
Remaining minerals as building materials
2
III
Metal minerals
...
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IV
Material minerals
1
Limestone cement materials
3
2
Remaining material minerals
2
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Fuel minerals (kinds of coal, other than
peat)
2
VI
Gemstones, semi-precious stones
2
VII
Thermal water, mineral water and CO2
1