Chương 5 Luật khoáng sản 1996: Thăm dò khoáng sản

Chapter V

EXPLORATION OF MINERALS

Article 25.- Exploration license

1. An exploration license shall be issued for areas where no organization or individual is legally exploring or mining mineral, in accordance with the provisions specified in Clauses 1 and 2 of Article 5 and Articles 13 and 14 of this Law.

2. The prospection covered by a license shall be stipulated by the Government.

3. The duration of an exploration license shall not exceed twenty four months and can be extended in accordance with the regulations of the Government, but the total extension time shall not exceed twenty four months. In necessary cases, an exploration license may be renewed for the organization or individual that has prospected the area and whose license expired.

4. The Government shall provide the procedures for granting of exploration licenses to foreign organizations or individuals investing in Vietnam.

Article 26.- Right of organizations, individuals holding mineral exploration license

Any organizations or individuals licensed to explore minerals have the following rights:

1. To use data, information of the State on mineral resources concerning the purpose and areas covered by exploration license in accordance with the provisions of law;

2. To carry out the exploration in accordance with terms and conditions of the exploration license;

3. To take from the exploration area 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 be in conformity with the characters and requirements of the exploration activities;

4. To have exclusive rights in applying for mining license within the exploration areas in accordance with the provisions specified in Clause 1 of Article 31 of this Law;

5. To apply for a renewal, return of the exploration license or return of a part of exploration area in accordance with the provisions of the Government;

6. To transfer the exploration rights to another organization or individual in accordance with the provisions of the Government;

7. To inherit exploration right in accordance with the provisions of law in case the exploration license holder is an individual;

8. To make a complaint or file a lawsuit against a decision to revoke the exploration license or other decisions made by State bodies, as provided for by law.

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

Article 27.- Obligations of organizations, individuals licensed to explore minerals

Organizations or individuals licensed to explore minerals have the following obligations:

1. To pay license fees, fees for exclusive exploration, and for the use of State information and data on mineral resources and other financial obligations in accordance with the provisions of law;

2. To make a deposit in accordance with the provisions of law;

3. To carry out the exploration project as approved;

4. To protect the mineral resources and the environment, ensure labor safety and labor hygiene in the course of exploration activities;

5. To pay compensation for any damage caused by exploration activities;

6. To notify the provincial People’s Committee of the locality where mineral exploration is licensed of the exploration plan prior to its execution;

7. To collect, keep data, information relating to mineral resources and report on the results of exploration to the State Mineral Administration, report on other activities to the competent State body in accordance with the provisions of law;

8. To deliver the final report on the results of exploration activities to the State Mineral Administration prior to the expiry date of the exploration license;

9. To carry out work when the exploration is invalidated in accordance with the provisions specified in Point b, Clause 2, Article 30 of this Law;

10. To implement the regulations on administrative management, social order and security;

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

Article 28.- Exploration project

Exploration project shall have to prescribe the schedules, volume of work, technology, measures to ensure labor safety, labor hygiene and environmental protection and the estimated exploration cost. It shall be evaluated by the State Mineral Administration for consideration of issuance of exploration license.

The estimated cost of the exploration project shall not be less than the minimum level of cost stipulated by the Government. In case the actual cost is less than the minimum cost, the organization or individual concerned must remit the difference to the State budget.

In case of a change of schedule and of the estimated cost, the organization or individual concerned must report in time to the State Mineral Administration for consideration and decision.

Article 29.- Withdrawal of exploration license

The exploration license shall be revoked in the following cases:

1. The licensed organization or individual fails to carry out the exploration activities without a plausible reason six months after the license took effect;

2. The licensed organization or individual breaches one of the regulations specified in Article 27 of this Law and fails to remedy it within the time limit stipulated by the Government from the date of issuance of a written notice by the State Mineral Administration.

3. The areas covered by exploration license that are announced as banned or temporarily banned from mineral activities in accordance with provisions specified in Clause 2, Article 14 of this Law;

4. The individual licensed to explore mineral dies without exploration heir or the organization being licensed to explore minerals is dissolved or bankrupt without any organization or individual inheriting its rights and obligations.

Article 30.- Invalidation of an exploration license

1. An exploration license shall be invalidated in the following cases:

a/ The license is revoked;

b/ The license has expired;

c/ The license is returned.

2. When the exploration license is invalidated:

a/ All rights relating to the exploration will also terminate;

b/ Within a time limit provided for by the Government, the organization or individual licensed to explore minerals shall have to move all its property of concerned parties out of the exploration areas; to restore the exploration areas back to a safe state, protect the mineral resources, rehabilitate the environment, ecology and land; to hand in all specimens and samples as well as gathered data and information on mineral resources to the State Mineral Administration.

3. The stipulations specified in Point b, Clause 2 of this Article shall not apply to areas where the exploration license holders have already applied for the renewal of license or for license in accordance with regulations, and the application is being considered.