Chapter 2.
MINERAL PLANNING, GEOLOGICAL BASELINE MINERAL SURVEY, MINERAL AREA
Article 8. Making and submitting for approval of the planning of mineral
1. Responsibility for making in order to submit to the Prime Minister for approval of the mineral planning prescribed in clause 3, Article 10 of the Mineral Law is as follows:
a) The Ministry of Natural Resources and Environment will preside over to make the planning of geological baseline mineral survey.
b) The Ministry of Industry and Trade will preside over to make the planning of exploration, exploitation, process and use of kinds of mineral (except for ones used as constructional materials)
c) The Ministry of Construction will preside over to make the planning of exploration, exploitation, process and use of kinds of mineral as constructional materials.
2. The planning of mineral stipulated in clause 1 of this Article is made in accordance with the mineral strategy approved as prescribed.
3. Collecting opnions and coordinating during the process of making the mineral planning:
a) During the process of making the mineral planning under the competence prescribed at point b, point c, clause 1 of this Article, the Ministry of Industry and Trade and the Ministry of Construction have the responsibility to coordinate in order to execute the regulation at point d, clause 1, Article 13 of the Mineral Law.
b) The presiding organ that make the mineral planning must collect opnions from the concerned organs as stipulated in clause 1, Article 15 of the Mineral Law for the draft of planning before sumitting to the Governmental Prime Minister. Within the period of 30 days after the day receiving the written opnions from the presiding organs, the organs being asked for opinion have the responsibility to respond in writing.
Article 9. Planning for exploration, exploitation and use of minerals in the centrally provinces and cities
1. Planning for exploration, exploitation and use of minerals in the central provinces and cities as stipulated in clause 3, Article 10 of the Mineral Law is made for the kinds of minerals as follows:
a) The minerals are used as the general constructional material, peat coal.
b) The minerals existing in the area with small-scale and dispersed minerals that are zoned and announced by the Ministry of Natural Resources and Environment.
c) The minerals at the waste ground of mines closed down.
2. The making of the planning for exploration, exploitation and use of minerals in centrally provinces and cities must ensure the following principles:
a) To be consistent with the mineral strategy, mineral planning as stipulated at point b and point c, clause 1, Article 8 of this Decree.
b) To be consistent with the overall planning of socio-economic development at the provincial level; ensuring the security and national defense in the area.
c) To ensure the exploitation and use of minerals rationally, economically and efficiently to serve the current needs, while having calculation for the scientific and technological development and mineral demand in the future.
d) To protect the environment, natural landscape, cultural and historical monuments, famous landscape and other natural resources.
3. The basis for making the planning for exploration, exploitation and use of minerals in the centrally provinces and cities includes:
a) The overall planning of socio-economic development of the provinces, area planning
b) The mineral strategy; mineral planning as stipulated at point b and c, clause 1, Article 8 of this Decree.
c) The mineral demand in the planning period.
d) The scientific and technological progress in the exploration and exploitation of minerals
e) Result of execution of the previous period planning.
4. Planning for exploration, exploitation and use of minerals in the centrally provinces and cities must have the following main content:
a) Surveying, studying, generalizing and assessing the social economic and natural conditions and the actual state of the activity of exploration, exploitation, process and use of minerals in the local area.
b) Assessing the result of execution of the previous period planning.
c) Determining the direction and objectives for exploration, exploitation and use minerals in the planning period.
d) The restricted area for mineral activities, temporarily restricted areas for mineral activities
dd) Zoning in detail the mining areas, the kind of mineral need to be invested for exploration and exploitation and the progress of exploration and exploitation. The area for exploration and exploitation of minerals are limited by the straight lines connecting the points of closed angle shown on the topographic map of the national coordinate systems with the appropriate rate.
e) Determining the scale, exploitation capacity, conditions on the exploitation technology.
g) The solution and progress for organizing the implementation of the planning.
5. The provincial People’s Committee organizes to make, approve and publicly announce the planning of exploration, exploitation and use of the minerals in centrally provinces and cities after the planning is passed by the People’s Council at the same level.
Article 10. Investment for the geological baseline survey of mineral with the capital of the organizations and individuals
1. Encouraging the organizations and individuals to participate in investing the geological baseline survey of mineral; except for the geological baseline survey of mineral of coal, uranium, thorium or the survey area that lies in the national border belt.
2. Based on the planning of the geological baseline survey of mineral approved and stipulated in clause 1 of this Article, the Ministry of Natural Resources and Environment makes a list of the geological baseline survey of mineral under the incentive category to participate in investment with the capital of the organizations and individuals in order to submit to the Governmental Prime Minister for approval.
3. The organizations and individuals participating in investing the basic geological survey of mineral must meet the following conditions:
a) Being qualified as prescribed in clause 1, Article 34 and clause 1, Article 51 of the Mineral Law.
b) Having enough funds to carry out the whole project of the geological baseline survey of mineral.
c) The implementation of the project of the geological baseline survey of mineral must be supervised by the General Department of Geology and Minerals through the process of implementation.
4. The Ministry of Natural Resources and Environment is responsible for:
a) Posting the list of projects of geological baseline surveys of mineral under the category of investment incentives on the website of the Ministry after approval.
b) Promulgating the regulations on monitoring the process of implementation of the projects for geological baseline surveys of mineral.
c) Presiding over and coordinating with the Ministry of Planning and Investment, Ministry of Finance for the guidance of the procedure to contribute and manage the investment capital of organizations and individuals.
Article 11. Zoning the area having small-scale and dispersed minerals
1. The area where the minerals exist (except for the ones used as general constructional materials, peat coal, toxic minerals, mineral water, natural hot water) is zoned to be the area having small-scale and dispersed minerals and when meeting the criterion as stipulated in clause 2 of this Article.
2. The zoning of area with small-scale and dispersed minerals as stipulated in clause 2, Article 27 of the Mineral Law must meet the criterion as folllows:
a) Not lying in the area where the mineral activities are prohibited, the areas where the mineral activities are temporarily prohibited; the national mineral reserves areas.
b) The minerals found scatter indenpendently with small-scale reserves or estimated resources; the minerals lie in the mineral exploitation area where there is a decision on closing the mine as stipulated in clause 2, Article 73 of the Mineral Law and the reserves and estimated resources are small-scale as stipulated in the Appendix promulgated with this Decree.
c) Not having any sign of the other minerals discovery besides the ones explored or assessed on the mineral potential.
3. The Ministry of Natural Resources and Environment is responsible for zoning and promulgating the areas having small-scale and dispersed minerals as stipulated in clause 1 and clause 2 of this Article.
Based on the reality at the locality, the provincial People’s Committee may propose the Ministry of Natural Resources and Environment to zone and announce that the area has small-scale and dispersed minerals.
Article 12. Criterion for zoning the area in which the mineral exploitation right is not subject to auction
The zoning of area where the minerals exist and is the area in which the mineral exploitation right is not subject to auction as stipulated in clause 2, Article 78 of the Mineral Law when it belongs to one of the following cases:
1. The mineral area ensuring the energy security includes: coal, uranium and thorium.
2. The area having limestone, claystone used as raw materials for cement production or the minerals are adjusted additives for cement production that are identified as the raw materials for the cement plant projects; the area where the minerals exist is identified as the raw materials for the intensive mineral processing plant projects that was approved in the principle by the Governmental Prime Minister.
3. The mineral area located in the national boder belt, the strategic area of the national defence.
4. The area that has the projects for work construction investment as stipulated at point b, clause 1, Article 65 of the Mineral Law
5. The mineral area that is used as the general constructional materials determined for exploitation to supply the raw material to serve the maintenance and repairment of the technical infrastructure works.
6. The area of mineral activities where the mineral exploration and exploitation in that area are limited as stipulated at point a, clause 2, Article 26 of the Mineral Law.
7. The area of mineral activities that the competent state management organ has granted the mineral exploitation License, the mineral exploitation License before 01 July 2011.
8. The other cases will be decided by the Governmental Prime Minister.
Tìm kiếm
Nghị định 15/2012/NĐ-CP hướng dẫn Luật khoáng sản (Bản Word)