Chương 4 Luật khoáng sản 1996: Khảo sát khoáng sản

Chapter IV

MINERAL PROSPECTION

Article 21.- Mineral prospecting permit

1. The mineral prospection permit shall be issued for areas where no organizations or individuals are conducting legal exploration or extraction of minerals in accordance with the provisions specified in Clauses 1 and 2 of Article 5 and Articles 13 and 14 of this Law.

2. The term of a mineral prospecting permit shall not exceed twelve months and can be extended in accordance with the regulations of the Government, but the total extension shall not exceed twelve months.

3. The mineral prospection permit shall not be transferred to other organizations or individuals.

Article 22.- Rights of organizations or individuals allowed to prospect for minerals

Organizations or individuals allowed to prospect for minerals shall have the following rights:

1. To use the State’s data and information on mineral resources, relating to the purpose of prospecting and the areas to be prospected, in accordance with the provisions of law;

2. To carry out the prospection in accordance with the terms and conditions specified in the permit;

3. To take from the area under prospection and even from Vietnam all kinds of specimens and samples to be analyzed and tested as provided for by the Government, provided that the amount and types of the specimens and samples shall conform with the characters and requirements of the prospecting activities;

4. To be entitled to renew or return the prospection permit;

5. To make a complaint or file a lawsuit against a decision to withdraw a mineral prospecting permit or other decisions made by State bodies, as provided for by law;

6. To enjoy other related rights in accordance with the provisions of this Law.

Article 23.- Obligations of organizations, individuals allowed to prospect for minerals

Organizations or individuals allowed to prospect for minerals shall have the following obligations:

1. To pay permit fees, charges for the use of the State�s information and data on mineral resources, as provided for by law;

2. To protect the environment, ensure labor safety and labor hygiene in the course of mineral prospecting activities;

3. To pay compensation for any damage caused by prospecting activities;

4. To submit a report on the results of prospecting activities to the State Mineral Administration before the expiry of the prospecting permit;

5. To observe the regulations on administrative management, social order and security;

6. To fulfill other related obligations in accordance with the provisions of this Law.

Article 24.- Revoking mineral prospecting permit

A mineral prospecting permit shall be revoked in the following cases:

1. The organization or individual allowed to prospect for minerals breaches one of the provisions in Article 23 of this Law and fails to make a remedy within the time limit stipulated by the Government from the date of issuance of a written notice by the State Mineral Administration.

2. The prospection areas are declared permanently or temporarily banned from mineral activities in accordance with the provisions specified in Clause 2, Article 14 of this Law.

3. The individual allowed to prospect for minerals dies or the organization allowed to prospect is dissolved or bankrupt.