Chương V Luật khoáng sản 2010: Khu vực khoáng sản

Chapter V

MINERAL AREAS

Article 25. Classification of mineral areas

1. Mineral activity areas, including areas with small-scale and scattered minerals.

2. Areas banned from mineral activities.

3. Areas temporarily banned from mineral activities.

4. National mineral reserves areas.

Article 26. Mineral activity areas

1. Mineral activity areas are areas in which geological baseline surveys of minerals have been conducted and which have been delimited by competent state agencies in the master plan mentioned at Point b, c or d, Clause 1, Article 10 of this Law.

2. Based on requirements for national defense and security assurance; prevention and mitigation of impacts on the environment, natural landscape and historical-cultural relics; protection of special-use forests or infrastructure facilities, mineral exploration and mining may be restricted in terms of:

a/ Organizations and individuals allowed to conduct exploration and mining;

b/ Mining output;

c/ Mining duration;

d/ Mining areas, depth and methods.

Competent licensing state management agencies specified in Article 82 of this Law shall decide on forms of restriction of mineral activities at the request of ministries and ministerial-level agencies.

Article 27. Areas with small-scale and scattered minerals

1. Areas with small-scale and scattered minerals are areas suitable for only small-scale mining which are identified on the basis of mineral prospection results during the period of conducting geological baseline surveys of minerals or mineral exploration results approved by competent state agencies.

An area with small-scale and scattered minerals shall be delimited by lines connecting comer points drawn on a topographic map using the national coordinate system of an appropriate scale.

2. The Government shall specify the delimitation of areas with small-scale and scattered minerals.

Article 28. Areas banned from mineral activities, areas temporarily banned from mineral activities

1. Areas banned from mineral activities include:

a/ Land areas with historical-cultural relics or scenic places already ranked or delimited for protection under the Law on Cultural Heritages;

b/ Land areas under special-use forests, protection forests or land areas planned for protection forests and geological conservation zones;

c/ Land areas which are planned for national defense or security purposes or in which mineral activities may affect the performance of defense or security tasks;

d/ Land areas used by religious institutions;

e/ Land areas within the protection corridors or zones of transport, irrigation or dike works; water supply and drainage and waste treatment systems, electricity transmission lines, petrol, oil or gas pipelines or communications systems.

2. Areas temporarily banned from mineral activities shall be delimited for any of the following reasons:

a/ Satisfying defense or security requirements;

b/ Conserving the nature, historical-cultural relics or scenic places which are considered by the State for recognition or discovered in the process of mineral exploration or mining;

c/ To prevent or remedy consequences of natural disasters.

3. In case an area in which mineral activities are taking place is declared to be banned or temporarily banned from mineral activities, organizations and individuals conducting mineral activities in this area will be compensated according to law.

4. When it is necessary to explore or exploit minerals in areas banned from mineral activities or temporarily banned from mineral activities, competent licensing state management agencies defined in Article 82 of this Law shall report the adjustment of relevant mineral master plans to the Prime Minister for consideration and decision.

5. Provincial-level People's Committees shall delimit and propose the Prime Minister to approve areas banned from mineral activities and areas temporarily banned from mineral activities after consulting the Ministry of Natural Resources and Environment and concerned ministries and ministerial-level agencies.

Article 29. National mineral reserves areas

1. National mineral reserves areas arc areas with unexploited minerals which are identified based on the results of geological baseline surveys of minerals and mineral exploration, including:

a/ Areas with minerals which should be reserved for sustainable socio-economic development;

b/ Areas with minerals which cannot be effectively exploited yet for lack of conditions or which can be exploited but remedies for adverse environmental impacts are unavailable.

2. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with concerned ministries and ministerial-level agencies in, delimiting and proposing the Prime Minister to decide on national mineral reserves areas.