Chapter III
AREAS OF MINERAL ACTIVITIES, ENVIRONMENTAL PROTECTION IN MINERAL ACTIVITIES
Article 13.- Areas of mineral activities
1. The areas of mineral activities shall include:
a/ Restricted areas where mineral activities shall be carried out under restricted terms and conditions stipulated by the Government;
b/ Tender areas where mineral activities shall only be carried out on the basis of tender results;
c/ Normal areas where mineral activities shall be carried out without any binding on regulations specified at Points a and b of this Clause.
2. The Government shall stipulate and announce the restricted areas and tender areas.
Article 14.- Areas banned or temporarily banned from mineral activities
1. Mineral activities shall not be carried out in areas that are banned or temporarily banned from mineral activities for reasons of defense, security, protection of historical and cultural relics, scenic beauty or for other public interests.
The Government shall stipulate and announce the areas banned or temporarity banned from mineral activities.
2. In case mineral activities are being legally carried out in areas banned or temporarily banned from mineral activities, the Government shall make reasonable compensation for losses caused to the eligible organizations or individuals by the ban or temporary ban.
Article 15.- Areas with hazardous minerals
The State Mineral Administration shall have the responsibility to mark off areas with hazardous mineral deposits, notify the local authority, competent labor and health, agencies so that measures can be taken to protect the people’s health and limit the adverse impact on the environment and ecology in the locality.
Article 16.- Protection of the environment in mineral activities
1. The organizations and individuals allowed to carry out mineral activities shall have to use technology, equipment and materials, and observe other provisions of the Law on Environmental Protection in order to minimize the adverse impacts on environmental components; to rehabilitate the environment, ecology and the land after the termination of each stage or the whole process of mineral activities.
2. The organizations and individuals allowed to carry out mineral activities shall have to bear all the costs in environmental protection, rehabilitation of the ecology and the land. Such expenses shall be determined in the evaluation of environmental impact report; report on the feasibility study of the mineral mining and processing or exploration project. The organizations and individuals allowed to exploit minerals must make a deposit in a Vietnamese bank or a foreign bank licensed to operate in Vietnam, in order to ensure the rehabilitation of the environment, the ecology and the land.
Article 17.- The use of land in mineral activities
1. The organizations or individuals allowed to mine or process minerals are entitled to sign land-lease contract in order to carry out mineral activities in accordance with provisions of the law on land and in compliance with this Law.
Upon the invalidation of a mining license or a mineral processing license, the land-lease contract shall also be terminated; when each part of mining areas is returned, corresponding change shall also be made in the land-lease contract.
In the event of a change of the organization or individual licensed to mine, process minerals, a new land-lease contract shall be signed.
2. The organizations or individuals allowed to prospect and explore for minerals shall not have to lease land in the areas to be prospected or explored, if the prospecting or exploring activities do not affect the land use of the organizations or individuals that are using land legally, but have to compensate for damage caused by the prospecting or exploring activities. In the event that the prospecting or exploring activities require a regular use of land, the organizations or individuals allowed to conduct the prospection or exploration must lease land in such areas in accordance with the provisions of the Government. Organizations or individuals allowed to mine minerals under ground shall have to lease land in the areas still unused, but shall have to compensate for damage, if any.
3. Organizations or individuals allowed to conduct mineral activities shall have to compensate for the damage caused by the use of land for mineral activities.
Article 18.- The use of water in mineral activities
1. Organizations or individuals allowed to conduct mineral activities are entitled to use natural water sources for mineral activities as provided for by the law on water and in accordance with this Law.
2. Water sources and volume of water and the mode of its use in mineral activities must be specified in the exploration project, the report on the feasibility study of mineral extraction and processing as well as the mine design; the used water must be treated in accordance with hygiene standards before its discharge by organizations or individuals allowed to conduct mineral activities.
Article 19.- The use of infrastructure in mineral activities
1. Organizations or individuals allowed to conduct mineral activities shall be entitled to use the traffic systems, communication system, electricity and water supply system and other infrastructures in service of mineral activities as provided for by law.
2. Organizations or individuals allowed to conduct mineral activities shall have the responsibility to invest in improving, upgrading, renovating or building infrastructures in accordance with the exploration project or the already approved feasibility study report concerning mining or processing minerals.
Article 20.- Insurance in mineral activities
Organizations or individuals allowed for mineral activities must buy insurance for facilities or projects in service of mineral activities, insurance for environment, social insurance, labor insurance and other kinds of insurance in accordance with provisions of law.
Tìm kiếm
Luật khoáng sản 1996 (Bản Word)