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THE MINISTRY OF INDUSTRY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
34/2002/QD-BCN
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Hanoi, August 28, 2002
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DECISION
ISSUING THE REGULATION ON THE SUBMISSION OF
GEOLOGICAL REPORTS AND SUPPLY OF GEOLOGICAL AND MINERAL MATERIALS
THE MINISTER OF INDUSTRY
Pursuant to the Government’s Decree No. 74/CP of November 1, 1995 on the
functions, tasks, powers and organizational apparatus of the Ministry of
Industry;
Pursuant to the March 20, 1996 Mineral Law and the Government’s Decree No. 76/2000/ND-CP of December 25, 2000
detailing the implementation of the Mineral Law (amended);
At the proposal of the director of Vietnam Geology and Mineral Resource
Department,
DECIDES:
Article 1.- To issue together
with this Decision the Regulation on the submission of geological reports and
the supply of geological and mineral materials.
Article 2.- This Decision takes
implementation effects 15 days after its signing and replaces Decision No.
127/QD-DCKS of January 16, 1997 of the Minister of Industry issuing the
Regulation on the submission and supply of geological and mineral materials.
All previous regulations contrary to this Regulation are now hereby annulled.
Article 3.- The chief of the
Ministry’s Office, the chief
inspector of the Ministry, the directors of the departments under the Ministry,
organizations and individuals permitted to conduct basic geological surveys,
basic geological surveys of natural mineral resources, as well as mineral
exploration, and other concerned organizations and individuals shall have to
implement this Decision.
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FOR THE MINISTER OF INDUSTRY
VICE MINISTER
Do Hai Dung
REGULATION
ON THE SUBMISSION OF GEOLOGICAL REPORTS AND
SUPPLY OF GEOLOGICAL AND MINERAL MATERIALS
(Issued together with Decision No. 34/2002/QD-BCN of August 28, 2002
of the Minister of Industry).
Chapter I
GENERAL PROVISIONS
Article 1.- In this Regulation
the following terms are construed as follows:
1. Geological and mineral
materials (hereinafter called materials for short) include geological reports
and primary materials.
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Materials enclosed with reports
are forms of material synthesized and/or processed from primary materials in
order to prove or illustrate the reports contents.
b/ Primary materials include
documents, data and samples of objects collected on the field, results of
analysis and experimentation of geological-mineral samples, with their contents
and forms of presentation compliant with the State’s
current regulations.
2. Geological Archives
The Geological Archives is
located at the Geological Information, Archive and Museum Institute under
Vietnam Geology and Mineral Resource Department (hereinafter called the
Geological Archives for short).
Article 2.- Vietnamese
organizations and individuals, foreign organizations and individuals or
joint-venture organizations involving foreign partners (hereinafter called
organizations and individuals for short) permitted to conduct basic geological
surveys, basic geological surveys of natural mineral resources and mineral
explorations on the mainland, islands, internal waters, territorial waters,
exclusive economic zone and continental shelf of the Socialist Republic of
Vietnam must make reports thereon and deposit them into the Geological Archives
under this Regulation.
Article 3.- Reports and materials
enclosed therewith submitted at the Geological Archives are national assets,
which must be archived and preserved according to the State�s regulations. Materials already deposited at and
materials supplied by the Geological Archives according to regulations shall
serve as a legal basis for formulation of research schemes, basic geological
surveys, basic geological surveys of natural mineral resources, mineral
exploration and prospection, pre-feasibility and feasibility studies on mineral
exploitation, and other demands, for settlement of disputes over the right to
discover minerals as well as other related rights.
Article 4.- All acts of forging
materials, illegally keeping, supplying, using and destroying materials are
strictly prohibited.
Chapter II
SUBMISSION OF GEOLOGICAL REPORTS
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Organizations and individuals mentioned
in Article 2 of this Regulation must submit two sets of their reports printed
on paper into the Geological Archives with their contents compliant with the
report-approving decisions or the provisions inscribed in the mineral
exploration permits granted by competent State management bodies.
Where the implementation of
geological schemes must be stopped ahead of schedule, mineral exploration
permits are revoked or returned, one set of report on the results of the
implemented work must be also submitted into the Geological Archives.
Article 6.- Organizations and
individuals submitting reports into the Geological Archives shall have the
rights to:
1. Be granted written
certifications of their report submission;
2. Have their reports registered
in the list of submitted reports for use as a legal basis for their copyright.
Article 7.- Reports to be
submitted into the Geological Archives consist of:
1. Explanatory reports;
2. Materials enclosed with the
reports (annexes, drawings).
Article 8.- Explanatory reports
printed on paper must consist of:
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2. Contents and chapters of the
reports according to current regulations;
3. The list of materials enclosed
to the reports;
4. The list of primary materials
archived and preserved at the units.
5. There must be the signature
of the author, the signature of the unit�s
head and the stamp of the report-making unit, the signature and stamp of the
agency that manages the report-making unit or investor (if any). Annexes and
drawings must have the signatures and full names of the report makers, the
report-making time, the supervisor, the signature and stamp of the head of the
report-making unit.
Article 9.- Materials enclosed
with the reports include:
1. Annexes, drawings according
to their lists inscribed in the reports already approved by competent
authorities;
2. For materials already
digitalized with the State�s
funding, they must be enclosed with CDs, floppy disks or appropriate
information carriers.
Article 10.- Explanatory reports
and enclosed materials must be presented in a conspicuous way, without any
erasure, bound into books of 19x27 cm in size. Drawings shall be folded and put
in 21x30 cm boxes.
The director of Vietnam Geology
and Mineral Resources Department shall specify the specifications of materials
to be submitted into the Geological Archives.
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SUPPLY AND USE OF MATERIALS
Article 11.- Organizations and
individuals wishing to refer to and use geological and mineral materials shall
be given conditions for reference to and being supplied with the materials at
the Geological Archives according to the State’s current regulations.
Article 12.- Principles for
supply of materials
1. Serving the right subjects
for the right purposes;
2. Convenience for users;
3. Promptness and accuracy;
4. Keeping materials
confidential according to law provisions.
Article 13.- Forms of supply of
materials
1. Reference, which means
reading, taking note in handwriting at the Geological Archives;
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Article 14.- Organizations and
individuals wishing to refer to or be supplied with materials must send
official letters or written requests to Vietnam Geology and Mineral Resource
Department, clearly stating the purposes, the list of materials and the forms
of reference to or supply of materials, enclosing therewith legal documents of
competent State management bodies permitting them to conduct research, basic
geological survey, basic geological survey of natural mineral resources or
mineral activities.
The units that are assigned by
competent State management bodies to formulate plannings, plans and strategies
and wish to refer to or be supplied with materials, must obtain the official
letters from the ministries, the ministerial-level agencies, the agencies
attached to the Government or the People’s
Committees of the provinces or centrally-run cities, which are addressed to the
Ministry of Industry (Vietnam Geology and Mineral Resource Department)
requesting the supply of and reference to materials suitable to the contents,
objectives and tasks of the schemes already approved by the competent State
bodies.
Vietnam Geology and Mineral
Resource Department shall have to consider the dossiers of request for
reference to and supply of materials and base themselves on relevant legal
documents to grant concrete permissions on the form and content of reference to
and supply of materials at the Geological Archives.
Regarding the consideration and
permission on the reference to and supply of materials, Vietnam Geology and
Mineral Resource Department must strictly abide by the law provisions on minerals,
on material confidentiality, other relevant law provisions, and this
Regulation.
Article 15.- The mode and
procedures for paying money for the use of data and information on the State’s mineral survey and exploration results shall
comply with Joint Circular No. 46/2002/TTLT-BTC-BCN of May 21, 2002 of the
Ministry of Finance and the Ministry of Industry.
Article 16.-
1. The Geological Archives shall
have to keep the materials confidential according to the State’s regulations. The permission on the reference to
and supply of materials must strictly comply with this Regulation and other
relevant law provisions.
2. Organizations and individuals
permitted to refer to or be supplied with materials must preserve and use
materials for the right purposes as prescribed by law.
Chapter IV
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Article 17.- The director of
Vietnam Geology and Mineral Resource Department shall have to regularly inspect
the submission, preservation, reference and supply of materials and reports at
the Geological Archives, to decide on the restoration of materials which are
damaged in the archiving process.
Article 18.- Organizations and
individuals that violate this Regulation shall, depending on the seriousness of
their violations, be handled in the following forms: being sanctioned for
administrative violations or being examined for penal liability according to
law provisions.
FOR THE MINISTER OF INDUSTRY
VICE MINISTER
Do Hai Dung