Chương X Luật khoáng sản 2010: Trách nhiệm quản lý nhà nước về khoáng sản

Chapter X

RESPONSIBILITIES FOR STATE MANAGEMENT OF MINERALS

Article 80. Responsibilities of the Government, ministries and ministerial-level agencies for state management of minerals

1. The Government shall perform the unified state management of minerals.

2. The Ministry of Natural Resources and Environment shall take responsibility before the Government for performing the state management of minerals nationwide, and shall:

a/ Promulgate according to its competence or submit to competent state agencies for promulgation and implement legal documents on minerals; issue technical regulations, norms and unit prices for geological baseline surveys of minerals and mineral exploration;

b/ Formulate and submit mineral strategies to the Prime Minister for approval; formulate and submit to the Prime Minister for approval mineral master plans as assigned by the Government;

c/ Identify and publicize mineral areas according to its competence; identify and submit to the Prime Minister for decision areas not subject to auction of the mining right according to its competence;

d/ Disseminate and educate about the mineral law; train and retrain human resources for geological baseline surveys of minerals and mineral activities;

e/ Grant, extend and revoke mineral exploration licenses and mining licenses; approve the return of mineral exploration licenses and mining licenses or return of part of the exploration or mining areas; and hold auctions of the mining right according to its competence;

f/ Guide and organize the registration of geological baseline surveys of minerals; make statistics of and inventory mineral deposits;

g/ Summarize results of geological baseline surveys of minerals and mineral activities; manage geological and mineral information and specimens;

h/ Publicize and publish documents and information on geological baseline surveys of minerals;

i/ To act as the standing body for the National Council for Assessment of Mineral Deposits;

j/ Inspect, examine, and handle violations of the mineral law according to its competence.

3. Concerned ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, perform the state management of minerals, including formulation and submission for approval of mineral master plans as assigned by the Government; and coordinate with the Ministry of Natural Resources and Environment in performing the state management of minerals.

Article 81. Responsibilities of People's Committees at all levels for state management of minerals

1. Within the ambit of their tasks and powers, provincial-level People's Committees shall:

a/ Promulgate according to their competence documents guiding state regulations on management and protection of minerals and management of mineral activities in localities;

b/ Identify and submit to the Prime Minister for approval areas banned or temporarily banned from mineral activities; and decide on areas not subject to auction of the mining right according to their competence;

c/ Formulate and submit to competent state agencies for approval local master plans on exploration, mining and utilization of minerals under the Government's regulations;

d/ Recognize criteria for calculating mineral deposits; approve mineral deposits; make statistics of and inventory mineral deposits falling within their licensing competence;

e/ Grant, extend and revoke mineral exploration licenses, mining licenses or licenses for salvage mining; approve the return of mineral exploration licenses, mining licenses or licenses for salvage mining or return of part of the exploration or mining areas; and hold auctions of the mining right according to their competence;

f/ Approve according to their competence the lease of land for mineral activities, use of technical infrastructure facilities, and other relevant matters for organizations and individuals licensed for mining in their localities under law;

g/ Take measures to protect the environment, unexploited minerals and other natural resources under law; maintain security and social order and safety in areas with minerals;

h/ Report mineral activities in their localities to central state management agencies in charge of minerals;

i/ Disseminate and educate about the mineral law;

j/ Inspect, examine, and handle violations of the mineral law according to their competence.

2. Within the ambit of their tasks and powers, district- and commune-level People's Committees shall:

a/ Approve according to their competence the lease of land for mineral activities, use of technical infrastructure facilities, and other relevant matters for organizations and individuals licensed for mining in their localities under law;

b/ Take measures to protect the environment, unexploited minerals and other natural resources under law; maintain security and social order and safety in areas with minerals;

c/ Report mineral activities in localities to their superior People's Committees;

d/ Disseminate and educate about the mineral law;

e/ Inspect, examine, and handle violations of the mineral law according to their competence.

Article 82. Competence to grant mineral exploration licenses and mining licenses

1. The Ministry of Natural Resources and Environment may grant mineral exploration licenses and mining licenses in cases other than those specified in Clause 2 of this Article.

2. Provincial-level People's Committees may grant mineral exploration licenses, licenses for mining of minerals for use as common construction materials, peat, and minerals in areas with scattered and small-scale minerals already identified and publicized by the Ministry of Natural Resources and Environment; and licenses for salvage mining.

3. State management agencies competent to grant mineral exploration licenses, mining licenses or licenses for salvage mining may extend, revoke or approve the return of the licenses they have granted; approve the return of part of the exploration or mining areas; or approve the transfer of the exploration or mining right.

Article 83. Specialized inspection of minerals

1. State management agencies in charge of minerals shall conduct specialized inspection of minerals.

2. Organization and operation of specialized mineral inspectorates comply with this Law and the inspection law.