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MINISTRY
OF HEAVY INDUSTRY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
442QD/QLTN
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Hanoi,
February 24, 1994.
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DECISION
ON
THE ORGANIZATION OF EVALUATING OF APPLICATION, SUBMISSION FOR APPROVAL OF LICENSE
ON SURVEY, EXPLOITATION OF MINERAL RESOURCES
I. GENERAL PROVISIONS
Article 1 :
Provisions on the evaluation,
submission for approval of license on survey and exploitation of mineral
resources in order to implement to followings.
1. The Government Decree :
- No 95 HDBT dated 25 March 1992
on implementation of the Ordinance on mineral resources.
- No.356 HDBT dated 26
September,1992 on the organization, function, power to the State relevant
authorities on the mineral resources.
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- No. 588 CNNg/ QLTN dated 1
August 1992 on rules, procedures of application for exploitation and State
registration of the solid mineral are exploitation.
- No. 604 CNNg/ QLTN dated 13
August 1992 on rules and procedures of application for exploitation of
underground water and under ground works' registration.
- No. 379 QD/ KHKT dated 26 June
1993 on rules and procedures of granting license and State registration of
geological surveys.
Article 2 :
This Decision shall be applied
by the Ministry of Heavy Industry,the State Department for Management of
Mineral resources and the Vietnam Geology Department for consideration,
evaluation application for survey license, exploration permit, (collectively
called mineral resource license) sent to the Ministry of Heavy Industry by
Vietnamese and foreign organizations and individuals.
Article 3 :
The office who receive
application set mineral resource license (receiver is basically entitled to
give guidance to the applicant in accordance with procedures, to evaluate the
application set,to check the real possibility, to collect comments by relevant
offices under the Ministry of Heavy Industry, other ministries orlocal
authorities, draft the license or official letter for support from the Prime
Minister for the approval by the Minister.
Article 4 :
The relevant authorities under
Ministry of Heavy Industry is entitled to have written comments within 7 days
from the day receiving application and the request for comments by the receiver.
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Article 5 :
The receiver is entitled to
submit the whole application set, all written comments and the analyses of
various opinions, together with a draft license to the Minister for
consideration and decision.
Article 6 :
The receiver is responsible for
written information and explanations to the applicant in the following
situation :
- The application set or procedures
should be fulfilled.
- No possibility of license
issuance.
Article 7 :
No opinions by relevant offices
under Ministry of Heavy Industry in required in the following cases:
1. Projects of survey of
exploitation of mineral resources attached by the license for survey or
exploitation approved by the Minister of Heavy Industry or his nominee in
accordance with the minutes of the meeting of approval attended by the relevant
offices of Ministry of Heavy Industry or the project for survey or exploitation
which has been approved by the relevant authorities as specified in Article 12.
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3. Application for mineral
exploitation issued after the Investment license.
4. Application for mineral
exploitation issued after the bid of survey or exploitation organized by the
relevant State authorities.
5. Application for mineral
exploitation within the area approved by the former license granted by the
Minister of Heavy Industry.
Article 8 :
The relevant offices under
Ministry of Heavy Industry are entitled to give opinions as specified in
Article 11, 15 and 16.
Article 9 :
The draft license attached with
the application set should be submitted to the Ministry's general office that
in responsible for full consideration legally before submitting it to the
Minister.
II. LICENSE FOR SURVEY AND
EXPLOITATION
Article 10 :
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Article 11 :
The relevant authorities for
opinions are the geology Department, the State mineral resources management. If
this applicant is under the Ministry or using State budget controlled by the
Ministry of Heavy Industry, the Planning Department should be involved. If the
applicant is a foreign organization or individual or partnership with foreign
party,the Inter-national cooperation Department should be involved.
Article 12 :
For surveys using State budget
as well as the applicants not using the State budget but complicated, expensive
or requiring investment license or the approval by the Prime Minister, opinions
of the relevant offices under Ministry of Heavy Industry and other relevant
national or local authorities should be done after the applications as projects
for survey.
In this case, opinions can be
collected by organizing a seminar.
Article 13 :
Copies of license for survey or
Decision of approval of projects, plans for survey should not only be
registered at the State office of mineral survey activities in accordance with
Regulation No.379 - KHKT dated 26 June, 1993, but also sent to the relevant
authorities as specified in Article 11.
III. EXPLOITATION LICENSE
Article 14 :
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Article 15 :
The Department of Science and
Technology, the Vietnam Department of Geology shall be responsible for granting
opinions except for cases mentioned in clauses (2) (3), (4) and (5), Article 7.
Article 16 :
For applications or submissions
for exploitation of mineral resources to be approved by the Government Prime
Minister or related to the issue of foreign investment license or applicants
belonging to the Ministry of Heavy Industry, opinions shall be collected from
relevant authorities under the Ministry of Heavy Industry prior to preparation
of the Feasibility Study on exploitation. Opinions shall be collected at
expanded conferences the agenda of which is prepared by such authorities as
mentioned in Article 17, 18 and 19.
a. For applicants under the
Ministry of Heavy Industry, representatives of the Department of Planning,
Finance - Accounting, Capital Construction Investment and Science - Technology,
the State Department for Management of Mineral Resources and the Vietnam
Department of Geology shall be required.
b. For applicants being foreign
organizations, individuals or joint ventures between Vietnamese and foreign
organizations and individuals, representatives of Departments of External
Relations, Planning and Science - Technology, the State Department for
Management of Mineral Resources and the Vietnam Department of Geology Shall
participate in.
Article 17 :
The Department of Planning shall
be responsible for the agenda and convening of conferences to draw in opinions
on plan for mining if applicants belong to the Ministry of Heavy Industry or
are joint ventures, except cooperation joint ventures the Vietnamese parties of
which are under the Ministry of Heavy Industry.
Article 18 :
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Article 19 :
The State Department for
Management of Mineral Resources shall be responsible for agenda and convening,
of conferences to sound opinions on plan for mining under authority of the
Prime Minister, except such cases as mentioned in Article 17 and 18.
IV. PROVISIONS FOR
IMPLEMENTATION
Article 20 :
This Decision shall take effect
as from its signing.
The head of the general Office,
Department Directors of the Ministry of Heavy, the Directors of the State
Department for Management of Mineral Resources and the Vietnam Department of
Geology are responsible for executing this Decision.
FOR
THE MINISTRY OF HEAVY INDUSTRY
MINISTER
Tran Lum
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