Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law provides for geological baseline surveys of minerals; protection of unexploited minerals; mineral exploration and mining; state management of minerals in the mainland, islands, internal waters, territorial sea, contiguous zone, exclusive economic zone and continental shelf of the Socialist Republic of Vietnam.
Oil and gas and natural water other than mineral water and natural thermal water arc not governed by this Law.
Article 2. Interpretation of terms
In this Law, the terms below are construed as follows:
1. Mineral mean useful minerals and mineral substances which are naturally accumulated in solid, liquid or gaseous form and exist underground or on the ground, including minerals and mineral substances at tailing sites of mines.
2. Mineral water means natural water underground or on the ground containing ingredients, features and some biological active compounds in conformity with Vietnamese standards or technical regulations or foreign standards which are allowed to apply in Vietnam.
3. Natural thermal water means natural water underground or on the ground which has a source temperature in conformity with Vietnamese standards or technical regulations or foreign standards which arc allowed to apply in Vietnam.
4. Geological baseline survey of minerals means study and investigation of the physical structure and components, the history of evolution and development of the earth's crust and relevant biomineral conditions and laws to serve the general evaluation of mineral potential as scientific grounds for guiding mineral exploration.
5. Mineral activities include mineral exploration and mineral mining activities.
6. Mineral exploration means activities to identify mineral deposits and quality and obtaining other information for mineral mining.
7. Mineral mining means activities to recover minerals, including mine infrastructure construction, excavation, classification, enrichment and other related activities.
Article 3. State policies on minerals
1. The State adopts mineral strategies and master plans to assure socio-economic sustainable development, national defense and security in each period.
2. The State assures that minerals will be protected, exploited and utilized in a rational, economical and effective manner.
3. The State invests in and conducts geological baseline surveys of minerals under mineral strategies and master plans; carries out human resource training and development, scientific research and technological application and development in geological baseline surveys of minerals and mineral activities.
4. The State encourages organizations and individuals to invest and cooperate with state-owned geological organizations in conducting geological baseline surveys of minerals.
5. The State invests in the exploration and mining of some kinds of important minerals to serve socio-economic development, national defense and security.
6. The State promotes investment projects on mineral mining associated with the processing and utilization of minerals to manufacture metal, alloy or other products of high value and socio-economic effectiveness.
7. The State adopts policies on the export of minerals in each period in accordance with sustainable socio-economic development objectives and on the principle of prioritizing raw materials for domestic production.
Article 4. Principles of mineral activities
1. Mineral activities must comply with mineral strategies and master plans and connected with the protection of environment, natural landscape, historical-cultural relics, scenic places and other natural resources while assuring national defense, security and social order and safety.
2. Mineral activities may only be carried out only after obtaining permission from competent state management agencies.
3. Mineral exploration must fully evaluate the deposits and quality of all kinds of minerals in an exploration area.
4. In mineral mining, socio-economic effectiveness and environmental protection must be considered basic criteria for making investment decisions; and advanced mining technologies which are suitable to the size and characteristics of each mine as well as each kind of mineral shall be applied in order to recover minerals to the maximum.
Article 5. Benefits of localities and people in areas in which minerals are exploited
1. The State shall allocate part of revenues from mineral mining activities to support socio-economic development in localities in which minerals are exploited under (he state budget law.
2. Mining organizations and individuals shall:
a/ Partially cover investment costs for upgrading, maintaining and building technical infrastructure facilities used in mining activities and building welfare works under law for localities in which minerals are exploited;
b/ Combine mining activities with the building of technical infrastructure and environmental protection and restoration under investment projects on mineral mining; and repair, maintain or build new facilities or pay compensations under law depending on the degree of damage, if causing damage to technical infrastructure facilities or other works and properties;
c/ Give priority to employment of local labor in mining activities and related services;
d/ Coordinate with local administrations in assuring the change of jobs for local people whose land is recovered for mining.
3. Compensation, support and resettlement for land users whose land is recovered for mineral mining projects comply with the land law and other relevant regulations.
Article 6. Storage of mineral-related information
1. Reports on the results of geological baseline surveys of minerals and reports on mineral exploration results shall be archived according to the law on archives.
2. Geological and mineral specimens shall be preserved in the Geology Museum of Ministry of Natural Resources and Environment according to law.
Article 7. Use of mineral-related information
1. When requested, state management agencies in charge of minerals shall provide mineral-related information to organizations and individuals according to law.
2. Organizations and individuals that use mineral-related information shall pay a charge therefore according to the law on charges and fees.
3. Organizations and individuals that use mineral-related information for mineral exploration shall reimburse costs for geological baseline surveys of minerals; those that use mineral-related information for mineral mining shall reimburse costs for geological baseline surveys of minerals and costs for mineral exploration.
4. The Government shall specify the reimbursement of costs for geological baseline surveys of minerals and costs for mineral exploration.
Article 8. Prohibited acts
1. Taking advantage of mineral activities to infringe upon the interests of the State or the rights and legitimate interests of organizations and individuals.
2. Abusing mineral exploration to exploit minerals.
3. Conducting geological baseline surveys of minerals or mineral activities without permission of competent state management agencies.
4. Illegally obstructing geological baseline surveys of minerals or mineral activities.
5. Illegally providing mineral-related information classified as state secrets.
6. Intentionally destroying valuable or rare and precious geological and mineral specimens.
7. Other acts as prescribed by law.
Tìm kiếm
Luật khoáng sản 2010 (Bản Word)
Luật khoáng sản 2010 (Bản Pdf)