Chương VIII Luật khoáng sản 2010: Khai thác khoáng sản và khai thác tận thu khoáng sản

Chapter VIII

MINING AND SALVAGE MINING

Section 1 MINING

Article 51. Mining organizations and individuals

1. Organizations and individuals having registered mining as their business line may be licensed for mining. They include:

a/ Enterprises established under the Law on Enterprises;

b/ Cooperatives and unions of cooperatives established under the Law on Cooperatives.

2. Business households having registered mining as their business line may be licensed for mining minerals for use as common construction materials and conducting salvage mining.

Article 52. Mining areas

1. A mining area shall be delimited by lines connecting corner points drawn on a topographic map using the national coordinate system of an appropriate scale.

2. The area and depth-based boundary of a mining area shall be considered on the basis of the mining investment project suitable to mineral deposits permitted for mining design.

Article 53. Principles and conditions for grant of mining licenses

1. Grant of a mining license must adhere to the following principles:

a/ A mining license is granted only for areas in which no organization or individual is lawfully exploring or mining minerals, but not for areas banned or temporarily banned from mineral activities or areas of national mineral deposits;

b/ A mineral area in which large-scale mining can be effective may not be divided for the grant of mining licenses to many organizations or individuals for small-scale mining.

2. To obtain a mining license, an organization or individual must satisfy all the following conditions:

a/ Having an investment project to mine minerals in the explored area with approved mineral deposits in conformity with the master plans specified at Points b, c and d, Clause 1, Article 10 of this Law. Such a project must contain a plan on employment of professional human resources, and advanced and appropriate equipment, technologies and mining methods; for toxic minerals, the Prime Minister's written permission is also required;

b/ Having an environmental impact assessment report or an environmental protection commitment made under the environmental protection law;

c/ Having an equity capital at least equal to 30% of the total investment capital of the mining investment project.

3. Business households defined in Clause 2, Article 51 of this Law may mine minerals for use as common construction materials or conduct salvage mining if they satisfy all the conditions set by the Government.

Article 54. Mining licenses

1. A mining license must contain the following principal details:

a/ Name of the licensed organization or individual;

b/ Kind of mineral, location and size of the mining area;

c/ Mineral deposits, capacity and method of mining;

d/ Mining duration;

e/ Financial and other relevant obligations.

2. A mining license is valid for 30 years at most and may be extended multiple times with the total extension period not exceeding 20 years.

In case an organization or individual licensed for mining transfers the mining right to another, the mining duration is the remaining period of the mining license previously granted.

Article 55. Rights and obligations of organizations and individuals licensed for mining

1. Organizations and individuals licensed for mining have the following rights:

a/ To use mineral-related information pertaining to the mining purpose and area permitted for mining;

b/ To mine minerals under the mining license;

c/ To further explore mineral deposits within the permitted area and depth and, before exploration, notify the volume and duration of such exploration to competent licensing state management agencies;

d/ To store, transport, sell and export the exploited minerals under law;

e/ To apply for extension or return of the mining license or return of part of the mining area;

f/ To transfer the mining right;

g/ To lodge complaints or lawsuits against decisions revoking the mining license or other decisions of competent stale agencies;

h/ To rent land under the land law according to the approved mining investment project or mine design;

i/ Other rights provided by law.

2. Organizations and individuals licensed for mining have the following obligations:

a/ To pay a fee for the grant of the mining right, a licensing fee. royalties, taxes, and charges, and fulfill other financial obligations under law;

b/ To ensure the schedule of mine infrastructure construction and mining activities stated in the mining investment project and mine design;

c/ To register the date of commencement of mine infrastructure construction and date of commencement of mining with competent licensing state management agencies and notify them to People's Committees at all levels in the locality in which the mines are located before construction or mining;

d/ To exploit to the maximum main and accompanied minerals; to protect mineral resources; to ensure labor safety and sanitation and take measures to protect the environment;

e/To collect and store information on results of further exploration for mineral deposits and on mining results;

f/ To report mining results to competent state management agencies under regulations of the Ministry of Natural Resources and Environment;

g/ To compensate for damage caused by mining activities;

h/ To create favorable conditions for other organizations and individuals to conduct scientific researches permitted by the State in the mining area;

i/ To close mines, restore the environment and rehabilitate the soil when the mining license expires;

j/ Other obligations provided by law.

Article 56. Mining of toxic minerals containing radioactive substances

In addition to the obligations specified in Clause 2, Article 55 of this Law, organizations and individuals licensed for mining toxic minerals containing radioactive substances shall also comply with the Law on Atomic Energy and other relevant laws.

Article 57. Labor safety and sanitation in mining activities

1. Organizations and individuals licensed for mining and mine workers shall fully abide by labor safety and sanitation rules.

2. Organizations and individuals licensed for mining shall issue labor rules of the mines which comply with technical regulations on labor safety and sanitation.

3. When labor safety is at risk, mine managers shall immediately take necessary measures to eliminate the causes of the possible incident.

4. When a labor accident occurs, mine managers shall take urgent measures to remedy the incident; render first aid for and evacuate people from dangerous areas; promptly report such to competent state agencies; and protect assets and the scene of the incident.

5. Agencies, organizations and individuals are responsible for supporting first aid and remedy of consequences of labor incidents.

6. Organizations and individuals licensed for mining shall report on labor safety and sanitation in mining activities under law.

Article 58. Revocation or invalidation of mining licenses

1. A mining license will be revoked in the following cases:

a/ The licensed organization or individual fails to build mine infrastructure within 12 months since the effective date of the license, except force majeure events;

b/ The licensed organization or individual fails to conduct mining within 12 months since the proposed date of commencement of mining, except force majeure events;

c/ The licensed organization or individual breaches any of the obligations specified at Points a, b, c, d, e, f and g, Clause 2, Article 55 of this Law without taking remedies within 90 days after the date of written notice by a competent state management agency in charge of minerals;

d/ The area permitted for mining is declared to be banned or temporarily banned from mineral activities.

2. A mining license will be invalidated in the following cases:

a/ It is revoked;

b/ It expires;

c/ It is returned;

d/ The licensed organization or individual dissolves or goes bankrupt.

3. When the mining license is invalidated, mine safety assurance and environmental protection works and equipment in the mining area will belong to the Slate and may neither be dismantled nor destroyed. Within 6 months since the date of invalidation of the mining license, the licensed organization or individual shall remove all remaining assets of its/her/her own and related parties from the mining area. Past this time limit, any remaining assets will belong to the State.

4. Within the time limit specified in Article 3 of this Article, organizations or individuals licensed for mining shall fulfill the obligations related to the mine closure, environmental rehabilitation and restoration and soil rehabilitation under this Law and other relevant laws.

Article 59. Dossiers of application for, extension or return of mining licenses, return of part of the mining area, or transfer of the mining right

1. A dossier of application for a mining license comprises:

a/ An application for a mining license;

b/ A map of the mining area;

c/ A competent state agency's decision approving mineral deposits;

d/ A mining investment project, enclosed with the project-approving decision and a cony of the investment certificate;

e/ An environmental impact assessment report or an environmental protection commitment;

f/ A copy of the business registration certificate;

g/ A document certifying the winning of the mining right, in case of winning the mining right through auction;

h/ A document certifying the applicant's equity capital under Point c, Clause 2, Article 53 of this Law.

2. A dossier for extension of a mining license comprises:

a/ An application for extension of a mining license;

b/ A map of the mining status at the time of application;

c/ A report on mining results by the time of application; remaining mineral deposits; and area requested for further mining.

3. A dossier for return of a mining license or return of part of the mining area comprises:

a/ An application for return of a mining license or return of part of the mining area;

b/ A map of the mining status at the time of application;

c/ A report on mining results by the time of return;

d/ A mine closure plan, in case of return of a mining license.

4. A dossier for transfer of the mining right comprises:

a/ An application for transfer of the mining right;

b/ A contract on transfer of the mining right, enclosed with the statement of the value of to-be-transferred assets;

c/ A map of the mining status at the time of application;

d/ A report on mining results and fulfillment of obligations by the time of application;

e/ Copies of the transferee's business registration certificate and investment certificate.

Article 60. Procedures for grant, extension or return of mining licenses or return of part of the mining area

1. Applicants for grant, extension or return of mining licenses or return of part of the mining area shall submit dossiers at competent licensing stale management agencies defined in Article 82 of this Law.

2. The time limit for processing dossiers of application for, extension or return of mining licenses or return of part of the mining area is specified as follows:

a/ Ninety days after receiving complete and valid dossiers, for dossiers of application for mining licenses;

b/ Forty-five days after receiving complete and valid dossiers, for dossiers for extension or return of mining licenses or return of part of the mining area;

c/ When it is necessary to consult concerned agencies and organizations on matters related to the grant, extension or return of mining licenses or return of part of the mining area, the period for seeking consultations will not be included in the time limit specified at Point a or b, Clause 2 of this Law.

3. The Government shall detail procedures for the grant, extension or return of mining licenses or return of part of the mining area.

Article 61. Mine designs

1. Mine designs include technical design and working drawing design.

2. Organizations and individuals licensed for mining may build mine infrastructure and mine minerals only when mine designs have been made and approved under law and submitted to state management agencies in charge of minerals.

3. The Ministry of Industry and Trade shall provide details of a mine design.

Article 62. Mine managers

1. Mine managers are required for mining activities, except extraction of mineral water and natural thermal water and salvage mining. A mine manager may only manage mining activities under a single mining license.

2. A mine manager must satisfy the following criteria:

a/ Being knowledgeable about the mineral law and other relevant regulations;

b/ Being knowledgeable about specialized technical regulations, labor safety and sanitation rules and environmental protection regulations in mining activities;

c/ Having organizational and managerial qualifications, practical experience, and mining, labor safety and environmental protection techniques;

d/ A manager of a pit mine must be a mining engineer or mine building engineer who has personally worked in pit mines for at least 5 years;

e/ A manager of an open-cast mine must be a mining engineer who has personally worked in open-cast mines for at least 3 years; or a geological exploration engineer who has been trained in mining techniques and have personally worked for at least 5 years in open-cast mines.

A manager of a non-metallic open-cast mine in which industrial explosives are not used and minerals are manually exploited for use as common construction materials must possess a secondary degree in mining and have personally worked in open-cast mines for at least 2 years; those who have a secondary degree in geological exploration must have been trained in mining techniques and have personally worked in open-cast mines for at least 3 years.

3. Licensed mining organizations shall notify in writing professional qualifications and managerial capacity of mine managers to state management agencies competent to grant mining licenses.

Article 63. Status maps, status drawings of cross-sections of areas permitted for mining, statistics and inventory of mineral deposits and exploited mineral volumes

1. Organizations and individuals licensed for mining shall make, manage and keep status maps, status drawings of cross-sections of areas permitted for mining from commencement of mine infrastructure construction to termination of mining activities.

2. Organizations and individuals licensed for mining shall make statistics and inventory of mineral deposits in areas permitted for mining and exploited mineral volumes and take responsibility for statistical and inventoried data. Statistical and inventory results of the reporting year must be sent to state management agencies competent to grant mining licenses.

3. The Ministry of Natural Resources and Environment shall stipulate the making of status maps, status drawings of cross-sections of areas permitted for mining, statistics, inventory and reporting in mining activities.

Article 64. Mining of minerals for use as common construction materials

1. Minerals used as common construction materials include:

a/ Sand of all kinds (except siliceous white sand) with SiO, content of less than 85%, not containing or containing calciterit, wolframit, monazite, zircon, ilmenite minerals, and accompanied gold which fails to satisfy deposit calculation criteria specified by the Ministry of Natural Resources and Environment;

b/ Clay used for the production of bricks and tiles according to Vietnamese standards and technical regulations, clays (except bentonite and kaolin clays) not qualified for production of construction ceramics, fireclay materials and cement according to Vietnamese standards and technical regulations;

c/ Sandstone and quartzite stone with SiO2 content of less than 85%, not containing or containing metallic minerals, native metals, radioactive and rare elements which fail to satisfy deposit calculation criteria specified by the Ministry of Natural Resources and Environment or are not qualified for use as facing stones or fine-art stones according to Vietnamese standards and technical regulations;

d/ Sedimentary rocks of different kinds (except diatomite. bentonite and rock containing keramzit), magma rocks (except nephelin syenit rock, column or foam basalt), metamorphic rocks (except mica schist rich in vermiculite) not containing or containing metallic minerals, native metals, gemstones. semi-gemstones and radioactive and rare elements which fail to satisfy deposit calculation criteria specified by the Ministry of Natural Resources and Environment or are not qualified for use as facing stones, fine-art stones or feldspar technical materials used for construction ceramic production according to Vietnamese standards and technical regulations;

e/ Schist of different kinds, except roofing schist, combustible schist and schist containing sericit, disten or sillimanit minerals exceeding 30% in content;

f/ Pebbles, gravel and dust not containing gold, platinum, gemstones and semi-gemstones; laterite not containing native metals or metallic minerals;

g/ Limestone, chalky clay and marbles (except limestone stalactites, white limestone and white marble) not qualified for use as materials for Portland cement production according to Vietnamese standards and technical regulations or not qualified for use as materials for the production of facing stones or fine-art stones according to Vietnamese standards and technical regulations;

h/ Dolomite stone with MgO content of less than 15%, dolomite stone not qualified for the production of construction glass or for use as materials for the production of facing stones or fine-art stones according to Vietnamese standards and technical regulations.

2. Organizations and individuals that mine minerals for use as common construction materials are not required to apply for mining licenses when:

a/ Mining minerals in the land area of an approved or licensed investment project to build a work and using mined products only for building such work.

Before mining, they shall register the mining area, capacity, volume, method, equipment and plan with the provincial-level People's Committee;

b/ Mining minerals in the residential land area under the use rights of a household or an individual for building works for such household or individual within this area.

3. Organizations and individuals that mine minerals for use as common construction materials defined at Point a. Clause 2 of this Article shall pay a fee for the grant of the mining right.

Article 65. Mining in areas with work construction investment projects

1. Mining in areas with investment projects on construction of works, except works specified in Clause 2 of this Article, complies with the following regulations:

a/ For areas with work construction investment projects in which minerals are discovered, competent licensing state management agencies defined in Article 82 of this Law shall decide on the exploration or mining before the projects are approved or licensed;

b/ For areas in which mineral exploration and assessment has not yet been conducted and minerals are discovered during work construction, competent licensing state management agencies defined in Article 82 of this Law shall decide whether to mine minerals or not within the scope of work construction. In case they decide to mine minerals, mineral exploration is not required.

2. If minerals are discovered in areas with important national projects or works falling within the National Assembly's deciding competence, or important projects or works falling within the Government's or the Prime Minister's deciding competence, the Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with concerned ministries and sectors and provincial-level People's Committees of localities in which the works are implemented in, deciding on the exploration or mining of minerals in these areas.

3. If competent licensing state management agencies decide on non-mining, they shall issue a written reply to investment deciders, licensing agencies or investors.

Article 66. Transfer of the mining right

1. Organizations and individuals licensed for mining that have completed capital construction work and put mines into operation may transfer the mining right.

2. Transferees of the mining right must satisfy all conditions for the grant of mining licenses.

3. Transfer of the mining right must be approved by a state management agency competent to grant mining licenses. If obtaining such approval, transferees of the mining right will be granted new mining licenses.

4. The Government shall detail the transfer of the mining right.

Section 2 SALVAGE MINING

Article 67. Salvage mining

Salvage mining means mining of remaining minerals in a tailing dump of a mine that has been decided to be closed.

Article 68. Validity term of a license for salvage mining

A license for salvage mining is valid for 5 years at most, including the extended period.

Article 69. Rights and obligations organizations and individuals licensed for salvage mining

1. Organizations and individuals licensed for salvage mining have the rights provided at Points b, d, e, g, h and i, Clause 1, Article 55 of this Law and are not required to pay a fee for the grant of the mining right.

2. Organizations and individuals licensed for salvage mining have the following obligations:

a/ To pay a licensing fee, royalties, taxes and charges and fulfill other financial obligations provided by law;

b/ To fulfill the obligations specified at Points b, d, e, f ,g ,h, i and j, Clause 2, Article 55 of this Law.

Article 70. Dossiers of application for. extension or return of licenses for salvage mining

1. A dossier of application for a license for salvage mining comprises:

a/ An application for a license for salvage mining of minerals;

b/ A map of the salvage mining area;

c/ An investment project on salvage mining enclosed with the project-approving decision; a copy of the investment certificate;

d/ An environmental impact assessment report or an environmental protection commitment;

e/ A copy of the business registration certificate.

2. A dossier for extension of a license for salvage mining comprises:

a/ An application for extension of a license for salvage mining;

b/ A report on mining results by the time of application.

3. A dossier for return of a license for salvage mining comprises:

a/ An application for return of a license for salvage mining;

b/ A report on mining results by the time of return;

c/ A mine closure plan.

Article 71. Procedures for grant, extension or return of licenses for salvage mining

1. Applicants for grant, extension or return of licenses for salvage mining shall submit dossiers at competent licensing state management agencies defined in Article 82 of this Law.

2. The time limit for processing dossiers of application for, extension or return of licenses for salvage mining is specified as follows:

a/ Thirty days after receiving complete and valid dossiers, for dossiers for grant of licenses for salvage mining;

b/ Fifteen days after receiving complete and valid dossiers, for dossiers for extension or return of licenses for salvage mining.

3. The Government shall provide procedures for grant, extension or return of licenses for salvage mining.

Article 72. Revocation of licenses for salvage mining

1. A license for salvage mining will be revoked in the following cases:

a/ The licensed organization or individual fails to fulfill its/his/her obligations specified in Clause 2, Article 69 of this Law;

b/ The salvage mining area is declared to be banned or temporarily banned from mineral activities.

2. When the license for salvage mining is revoked or expires, the licensed organization or individual shall remove all its/his/her assets from the mining area and rehabilitate and restore the environment.

3. When the license for salvage mining of minerals is revoked under Point b, Clause 1 of this Article, the licensed organization or organization shall be compensated for the related damage under law.

Section 3 CLOSURE OF MINERAL MINES

Article 73. Closure of mineral mines

Organizations and individuals licensed for mining shall make mine closure plans for the whole or part of the mining area in the following cases:

1. They have mined the whole or part of mineral deposits;

2. Their mining licenses expire while mineral deposits in the mining area have not fully been exploited.

Article 74. Making and implementation of mine closure plans

1. Organizations and individuals licensed for mining shall make mine closure plans and submit them to competent licensing state management agencies defined in Article 82 of this Law for approval before implementation.

2. In case organizations or individuals licensed for mining dissolve, go bankrupt or are incapable of implementing mine closure plans, competent licensing state management agencies shall select capable organizations or individuals to make and implement these plans. Funds for implementing mine closure plans come from environ mental rehabilitation and restoration deposits of organizations or individuals licensed for mining.

Article 75. Approval and takeover test of results of implementation of mine closure plans and decisions

1. State management agencies competent to grant mining licenses shall approve, and conduct takeover test of, results of implementation of mine closure plans and decisions.

2. The Ministry of Natural Resources and Environment shall stipulate the contents, and procedures for approval and takeover test of results of implementation of mine closure plans and decisions.