Chương 1 Nghị định 15/2012/NĐ-CP: Quy định chung

Chapter 1.

GENERAL REGULATION

Article 1. Scope of adjustment

This Decree stipulates in detail the clause 5 and clause 7 of Article 3; Clause 4 of Article 7; Clause 3 of Article 10; Article 24; Clause 2 of Article 27; Clause 3 of Article 30; Clause 2 of Article 36; Clause 2 of Article 39; Clause 3 of Article 40; point dd Clause 1 of Article 42; Clause 4 of Article 43; Article 44; Clause 4 of Article 48; Clause 1 of Article 49; Clause 3 of Article 50; Clause 3 of Article 53; point c and dd of Clause 1 of Article 55, Clause 3 of Article 60; Clause 4 of Article 66; Clause 3 of Article 71; Clause 2 of Article 75; Clause 3 of Article 77; Clause 2 of Article 78 of the Mineral Law No. 60/2010/QH12.

2. The regulations on the principles, conditions and procedures for auction of the mineral exploitation right do not belong to the scope of adjustment of this Decree.

Article 2. Conditions and standards for mineral export.

1. The Ministry of Industry and Trade has presided over and coordinated with the Ministry of Natural Resources and Environment, the relevant Ministries and departments to build and promulgate the lists, conditions and standards for exporting kinds of mineral, except for the ones used as the constructional materials.

2. The Ministry of Construction has presided over and coordinated with the Ministry of Natural Resources and Environment, the relevant Ministries and departments to build and promulgate the lists and conditions and standards for exporting of mineral used as the constructional materials.

Article 3. Reimbursing the costs of geological baseline survey of mineral, costs of mineral exploration

1. The information of geological baseline survey of mineral that the organizations and individuals must reimburse the costs when using it is the information for assessing the mineral potential.

2. The reimbursement of the costs to assess the mineral potential and explore the mineral is executed by the following principles:

a) In case the information on assessing the mineral potential and exploring the mineral possessed by the State, the organizations and individuals using the information must reimburse the State the invested costs. The costs to be reimbursed are defined based on the quantity of work, work items performed and the current unit price.

In case the organizations and individuals have reimbursed the State budget for the amount of money invested for the mineral potential assessment, mineral exploration then the reimbursement of costs is carried out as prescribed at point c of this clause.

b) The organizations and individuals that are permitted to explore the mineral by fund from the State budget are not entitled to supply and transfer the information on the mineral exploration result to the other organizations and individuals except for the case to supply to the competent authorities as prescribed by the Ministry of Natural Resources and Environment.

c) In case the information on assessing the mineral potential, mineral exploration invested by the organizations and individuals, the reimbursement of invested costs is carried out on the principle of an agreement between the organizations and individuals that have invested with the organizations and individuals using the information.

For the information on assessing the mineral potential, mineral exploration invested by the organizations and individuals in the section of mineral activities whose licenses are revoked, returned or expired their right of priority to propose the grant of the mineral exploitation License. In case parties cannot reach an agreement by themselves of the costs to reimburse then the State bodies that have the competence to grant License as prescribed in the clause 1, clause 2 Article 82 of the Mineral Law (hereafter called the State competent authority of licensing) shall decide the invested costs to be reimbursed in the principle prescribed at point a of this clause.

3. The imbursement of costs of geological baseline survey of mineral, costs of mineral exploration is carried out before the organizations and individuals receive the mineral exploration License, the mineral exploitation License.

4. The Ministry of Finance presides over and coordinates with the Ministry of Natural Resources and Environment for the guidance of specifying the costs of returnable geological baseline survey of mineral, costs of mineral exploration, the mode and procedure of reimbursement; regulation on collection regime, control, use of costs of mineral potential assessment, mineral exploration invested by the State.

Article 4. Use of information on mineral potential assessment, mineral exploration and exploitation

1. The organizations and individuals that are entitled to use the information on the mineral exploration invested by themselves or use the information on the mineral potential assessment, mineral exploration and exploitation belonging to the State possession have been reimbursed the costs as prescribed in the Article 3 of this Decree are entitled to transfer and inherit to serve the mineral activities in accordance with the regulation of the law.

2. After 06 months since the day the mineral exploration License expires but the organizations and individuals that are permitted to explore do not submit to the competent authority for approval of the mineral reserves or if the mineral reserves were approved but they have not sumitted the dossiers for mineral exploitation License then the State competent authority are entitled to supply the information on the mineral in that area to the other organizations and individuals for their use. The organizations and individuals that use the information have the responsibility to reimburse the exploration costs as prescribed at point c, clause 2, Article 3 of this Decree.

Article 5. The state investment for mineral exploration and exploitation

1. The State makes investment for exploring and exploiting some kinds of important mineral to serve the objectives of national defense and security or economic and social mission as presribed in clause 5, Article 3 of the Mineral Law

2. On the basis of the mineral planning approved, based on the demand serving the objectives of national defense and security or economic and social mission, the Ministry of Natural Resources and Environment presides over and coordinates with the Ministry of Planning and Investment, Ministry of Finance and the relevant Ministries and departments to evaluate and submit to the Governmental Prime Minister for the approval of the projects of mineral exploration and exploitation performed by capital from the State budget.

Article 6. Toxic mineral

1. The toxic mineral include radioactive mineral, mercury, arsenic, asbestos; mineral containing radioactive or toxic elements that when exploited can release into the environment the radioactive or toxic substances that exceed the level of Vietnamese technical standard.

2. The Ministry of Natural Resources and Environment is responsible for investigating, assessing and determining the level of influence and proposing the solutions to prevent the impact of toxic minerals to the environment of the area and the local people where the toxic minerals exist; notifying the provincial People’s Committee where the toxic minerals exist to organize the control and protection as prescribed.

3. The provincial People’s Committee where the toxic minerals exist is responsible for deployment of executing the solutions to prevent the negative impacts of the toxic minerals to the environment of the area and the local people; organizing the control and protection of the toxic minerals in the local area as prescribed.

Article 7. Report of the mineral activity result

1. Report of the mineral activity result cosists of:

a) Report of the mineral exploration and exploitation activity.

b) Report of the situation of the State management on the mineral and the mineral activity in the scope of centrally provinces and cities.

c) Report of the situation of the State management on the mineral and the mineral activity in the nation-wide scope

2. The reporting regulation on the mineral activity is stipulated as follows:

a) Periodical report is made once a year. The reporting period is calculated from 01 January to the end of 31 December of the reporting year.

b) Besides the reporting regulation stated at the point a this clause, when required from the State management organ over the mineral, the organizations and individuals who are permitted to conduct the mineral activities must irregularly report on the situation of mineral activities.

3. The responsibility to submit the report of the mineral activity result is specified as follows:

a) At latest after 05 working days from the last day of reporting period, the organizations and individuals are permitted to conduct the mineral activities must submit the report as prescribed at the point a clause 1 of this Article to the Department of Natural Resources and Environment where the mineral activities are conducted.

For the organizations and individuals that conduct the mineral activities under the License which is granted under the competence of the Ministry of Natural Resources and Environment, besides submitting the report to the Department of Natural Resources and Environment where the mineral activities are conducted, that report is also submitted to the General Department of Geology and Minerals.

b) At latest after the 15 days from the last day of reporting period, the Department of Natural Resources and Environment will make report as prescribed at point b clause 1 of this Article to present the provincial People’s Committee in order to send to the Ministry of Natural Resources and Environment and one copy of the report is sent to the Department of Industry and Trade, Department of Construction to coordinate the management.

c) At latest after the 30 days from the last day of reporting period, the General Department of Geology and Minerals will make report as prescribed at point c clause 1 of this Article to submit to the Ministry of Natural Resources and Environment in order to report to the Governmental Prime Minister and send the copy of the report to the Department of Industry and Trade, Department of Construction to coordinate in management.

4. The Ministry of Natural Resources and Environment specifies the form of report of mineral activity result as prescribed in clause 1 of this Article.