Chương 3 Nghị định 15/2012/NĐ-CP: Quy định về hoạt động khoáng sản

Chapter 3.

REGULATION ON THE MINERAL ACTIVITY

SECTION 1. MINERAL EXPLORATION

Article 13. Selecting the organizations and individuals in order to grant the mineral exploration License in the area where the mineral exploitation right is not subject to auction.

The selection of the organizations, individuals in order to grant the mineral exploration License in the area where the mineral exploitation right is not subject to auction as stipulated in clause 1, Article 36 of the Mineral Law is implemented as follows:

1. In case the notice period comes to an end as stipulated at point a, clause 1, Article 35 of this Decree and there is only one organization or individual submitting dossiers to propose the mineral exploitation then that organization or individual is selected to be granted the mineral exploration License when meeting conditions as stipulated in clause 1, Article 34 and point b, point c, Article 40 of the Mineral Law.

2. In case the notice period comes to an end as stipulated at point a, clause 1, Article 35 of this Decree and there are 02 organizations, individuals or more than meeting conditions as stipulated in clause 1, Article 34 and point b, point c, Article 40 of the Mineral Law to submit dossier for mineral exploration proposal then the organization or individual is selected to be granted the mineral exploration License when meeting at most the following conditions:

a) At the point of time to consider the dossier, having the equity capital that occupies the largest percentage compared with the total investment capital to execute the project of survey.

b) Being the organizations, individuals that have participated in the capital of the geological baseline survey of mineral in the area where the mineral exploration License is expected to be granted.

c) Having a commitment that after the exploration is having result, will exploit and use the mineral to serve the domestic production needs in accordance with the mineral planning that has been approved.

3. In case the organizations and individuals that propose the grant of the mineral exploration License meet the conditions as stipulated in clause 2 of this Article, then the organizations and individuals that submit dossier in advance based on the time specified in the dossier receipt will be selected to be granted the mineral exploration License.

Article 14. Conditions for the business household to explore the mineral for use as the general constructional materials

The business household which is stipulated in clause 2, Article 34 of the Mineral Law shall be granted the mineral exploration License for use as the general constructional materials once meeting conditions as follows:

1. Being selected by the provincial People’s Committee as stipulated in the Article 13 of this Decree or having won the auction of the mineral exploitation right in the area where the mineral hasnot been explored; having contract with the organization that is qualified for the practice of mineral exploration as stipulated in clause 1, Article 35 of the Mineral Law in order to implement the exploration project.

2. Having the exploration project appropriate with the planning of exploration, exploration and use of mineral of centrally provinces and cities existing minerals

3. Having the equity capital that occupies at least 50% of the total investment capital for carrying out the project of mineral exploration.

4. The area of exploration area must not exceed 01 ha.

Article 15. Transfer of the mineral exploration right

1. Conditions for the transfer of the mineral exploration right:

a) The organizations, individuals that receive the transfer must meet enough conditions as stipulated in clause 1, Article 34 of the Mineral Law; if not qualified for the practice of mineral exploration, there must be a contract signed with the organization that is qualified the practice of mineral exploration as stipulated in clause 1, Article 35 of the Mineral Law in order to keep executing the exploration project.

b) By the time of transfer, the organizations, individuals that make the transfer have completed all obligations prescribed at the points b, c, d and e, Clause 2 of Article 42 and Clause 3, Article 43 of the Mineral Law and regulations in the mineral exploration License.

c) At the time of transfer, there is no dispute on the rights and obligations relating to the exploration activities.

d) The organizations and individuals that propose transfer have submitted complete dossiers for transferring the mineral exploration right to the dossier receiving organ once the mineral exploration License is still valid for at least 90 days.

2. The transfer of the mineral exploration right must be made by the contract between the assignor and the assignee. The contents of the transfer contract must clearly indicate the number and volume of work items, exploration costs that have been made by the time of transfer; the liability between the parties while performing the work and obligations after the transfer.

3. The time for settling the transfer dossier of the mineral exploration right is 45 days maximumly, from the date the dossier receiving organ has a written receiving notice.

In case the proposal of transfer is not approved by the competent authority then the organizations and individuals that are transferred are entitled to carry out the mineral exploration License or return it.

4. The organizations and individuals that make a transfer or receive a transfer of the mineral exploration right must carry out the obligations on tax, charge and fee as prescribed by the law.

Article 16. Further exploring reserves in the mineral exploitation area

1. The organizations and individuals that are permitted to exploit the mineral when further exploring the mineral reserves from the reserves with the low geological research level up to the reserves with higher geological research level or when further exploring from the resource level up to the reserves level in the area where there is permission to exploit the mineral without making any procedure for the proposal of the mineral exploration License.

2. When further exploring the mineral reserves, the organizations and individuals that are entitled to exploit the minerals are responsible for:

a) Announcing the program, plan and volume of further exploring work to the competent licensing state management organ as prescribed in Article 82 of the Mineral Law before implementation.

b) In case not being qualified for the practice of mineral exploration, must contract with the organizations and individuals that meet enough conditions as prescribed in clause 1, Article 35 of the Mineral Law to carry out work of further exploring.

c) When finishing the further exploration of reserves, submit the exploration result to the State competent authority as prescribed in clause 1, Article 49 of the Mineral Law.

Article 17. Renewal of mineral exploration License

1. The organizations and individuals that propose the renewal of mineral exploration License are considered for renewal when meeting the following conditions:

a) Having submitted complete dossier for the renewal of mineral exploration License to the dossier receiving organ when the mineral exploration License is still valid for at least 45 days, in which clearly explaining the reason for the renewal proposal.

b) At the time for the renewal proposal, the volume of work items under the granted mineral exploration License has not completed yet or there is a change on the geological structure; method of exploration compared with the approved exploration project.

c) By the time for the renewal proposal, the organizations and individuals that are granted the mineral exploration License have carried out the obligations as prescribed at point b, c, d, dd and e, clause 2, Article 42 of the Mineral Law.

2. In case the mineral exploration License has expired but the dossier for renewal proposal are being verified by the competent state authority, the organizations and individuals are allowed to continue executing the exploration work to the renewal point of time or having response in writing that the License is not renewed.

Article 18. Change on exploration method and exploration volume

1. In case there is a change on the exploration method or exploration volume with the cost of more than 10% of the estimated cost in the approved exploration project, the organization and individuals that have permission of exploration must submit report explaining the reason for the change to:

a) The Department of Natural Resources and Environment where there are activities of mineral exploration in case the mineral exploration License is under the competence of licensing from the provincial People’s Committee.

b) The General Department of Geology and Minerals in case the mineral exploration License is under the competence of licensing from the Ministry of Natural Resources and Environment.

2. In a period not exceeding 10 working days after receiving an explanation report from the organizations and individuals as prescribed in clause 1 of this Article, the Department of Natural Resources and Environment, the General Department of Geology and Minerals under their authority are liable to verify dossier and relevant documents, including on-site verification when necessary to report to the competent authority of granting the exploration License to considern and approve change of the exploration method or the exploration volume. In case of disapproval, there must be a response in writing stating the reasons.

Article 19. Surveying on scene and taking samples on the ground to select the area for making the project of mineral exploration.

1. The organizations and individuals that have needs for survey on-scene and sample taking to select the area for making the project of mineral exploration must submit document attached to the program, survey planning, taking sample to the provincial People’s Committee where the estimated mineral exploration is conducted.

2. In a period not exceeding 10 days from the day of receiving the proposal in writing from the organizations and individuals mentioned in clause 1 of this Article, the provincial People’s Committee has a written notice on the approval or disapproval. In case of disapproval, there must be a response in writing stating the reasons.

SECTION 2. EVALUATION AND APPROVAL OF MINERAL RESERVES

Article 20. Organization and operation of the National Council for Evaluation of Mineral Reserves

1.The National Council for Evaluation of Mineral Reserves as prescribed at point a, clause 1, Article 49 of the Mineral Law consists of: Chairman of the Council is the Minister of Natural Resources and Environment, Vice Chairman of the Council is the Deputy Minister of Natural Resources and Environment and the Council members are decided by the Governmental Prime Minister on the basis of the proposal of the Minister of Natural Resources and Environment and the relevant Ministries and departments.

The members of the National Council for Evaluation of Mineral Reserves work on a plurality basis and by the Regulations on the operation of the Council promulgated by the Chairman of the Council.

2. The National Council for Evaluation of Mineral Reserves whose office is located at the Ministry of Natural Resources and Environment to assist the Council. The organization and operation of the the National Council for Evaluation of Mineral Reserves Office is decided by the Chairman of the National Council for Evaluation of Mineral Reserves

3. The National Council for Evaluation of Mineral Reserves is responsible for evaluating and approving the reserves in the report of mineral exploration result that belong to the licensing competence of the Ministry of Natural Resources and Environment.

The evaluation content of the report of mineral exploration result and the approval of the mineral reserves in the report of mineral exploration result is carried out in accordance with the regulations in Article 22 of this Decree.

Article 21. Evaluation and approval of mineral reserves under the licensing competence of the provincial People’s Committee

1. The provincial People’s Committee is responsible for evaluating the report of mineral exploration result and approving the mineral reserves in the report of mineral exploration result under the licensing competence as prescribed in clause 2, Article 82 of the Mineral Law. The content of evaluating mineral exploration result and approving the mineral reserves in the report of mineral exploration result are carried out as prescribed in Article 22 of this Decree.

2. The Department of Natural Resources and Environment presides over and coordinates with the relevant state management organs to evaluate the exploration result report and present the provincial People’s Committee for approval of the reserves in the report of mineral exploration result as prescribed in clause 1 of this Article.

3. In necessary case, the provincial People’s Committee decides to establish the technical consulting Council including some members who are representatives of the relevant state management organs and some experts who have intensive profession in the field of mineral exploration in order to evaluate the report of mineral exploration result before submitting it for approval mineral reserves under the licensing competence.

Article 22. The content of evaluation of the mineral exploration result report and approval of reserves in the mineral exploration report

1.The content of evaluation of the mineral exploration result report includes:

a) Legal basis, base for report making

b) The result of executing the volume of explorated works; interpreting the target to calculate the mineral reserves; the method of zoning and connecting and calculation of mineral reserves compared with the project of mineral exploration that has been evaluated and the content of the mineral exploration License.

c) The reliability on the reserves, content and quality of the main mineral and useful mineral accompanied.

d) The reliability on conditions of the hydro-geological, the geology of works relating to the feasibility of the mineral exploitation

2. The content of reserves approval in the report of mineral exploration result

a) Name of the mineral and the administrative location of the mineral exploration area.

b) The geological reserves of the main mineral; the geological reserves of all minerals accompanied (if any).

c) The use scope of the exploration result report.

SECTION 3. EXPLOITING MINERAL AND CLOSING MINERAL MINE

Article 23. Conditions for the business household to exploit the mineral for use as the general constructional materials, and mineral exploitation salvage

The business household as prescribed in clause 2, Article 51 of the Mineral Law is granted the mineral exploitation License for use as the general constructional materials, the License for the mineral salvage exploitation when meeting the following conditions:

1. Having the project of mineral exploration investment in the area explored and approved the reserves consistent with the planning of exploration, exploitation and use of mineral in the provinces and cities where the mineral exist. The project of mineral exploration investment must have a plan to use specialized manpower with the appropriate equipment, technology and exploration method.

2. Having the commitment to protect the environment certified in accordance with the regulations of the law concerning the environmental protection.

3. Having the equity capital that occupies at least 30% of the total investment capital of the project of the mineral exploitation investment.

4. The scale of exploitation capacity does not exceed 3,000 m³ of the original mineral products / year.

Article 24. Transfer of the mineral exploitation right

1. Conditions for transfer of the mineral exploitation right:

a) The organizations and individuals that receive the transfer are qualified as prescribed in clause 1, Article 51 and clause 2, Article 53 of the Mineral Law.

b) By the time of transfer, the organizations and individuals that have permission of mineral exploitation have finished work as prescribed in clause 1, Article 66 and the obligations as prescribed at points a, b, c, d, e and g, clause 2, Article 55 of the Mineral Law.

c) The area where there is permission of exploitation has no dispute over the rights and obligations concerning the mineral activities.

d) The organizations and individuals proposing the transfer have submit complete dossier to the dossier receiving organ when the mineral exploitation License is still valid for at least 90 days

2. The content of transfer of mineral exploitation right is made by the contract between the assignor and the assignee with the main content as follows:

a) The real state of quantity, volume, value of exploitation work, technical infrastructure invested and built; situation of financial obligation performance of the organizations and individuals that make transfer by the time of signing the contract of transfer.

b) The responsibility of the organizations and individuals receiving the transfer for the continuity of work performance, unfisnished obligations of the organizations and individuals that make transfer by the time of signing the transfer contract.

c) Other relevant rights and obligations of the organizations and individuals that make transfer and the organizations and individuals receiving the transfer as prescribed.

3. The time limit for settlement of the transfer dossier of the mineral exploitation is 45 days maximumly, from the day of having the receipt in written of the dossier receiving organ.

In case the transfer proposal isnot approved by the licensing competent authority, then the organizations and individuals that make transfer are allowed to continue the performance of the mineral exploitation License or return the mineral exploitation License.

4. The organizations and individuals that make transfer and receive transfer of mineral exploitation right must carry out the obligations on tax, charge and fee as prescribed by the law.

Article 25. Renewal of mineral exploration License, the License of mineral salvage exploitation

1. The organizations and individuals that exploit minerals are renewed the mineral exploitation License, the License of mineral salvage exploitation when meeting the following conditions:

a) Having submitted complete dossier for the renewal of mineral exploitation License, the License of mineral salvage exploitation to the dossier receiving organ when the mineral exploitation License is still valid for at least 45 days and when the License of mineral salvage exploitation is still valid for at least 15 days; in which stating the explanation of the reason for renewal proposal

b) Having the report of mineral exploitation activity result in which clearly demonstrate that up to the time of renewal proposal, the mineral reserves in the exploitation area hasnot been exploited up yet under the mineral exploitation License.

c) To the time of renewal proposal, the organizations and individuals that are granted License have completed the obligations as prescribed at points a, b, c, d, dd, e and g, clause 2, Article 55 of the Mineral Law.

d) Having completely performed the obligations of the environmental protection, using land, water and technical infrastructure in the mineral activities in accordance with regulation of the law concerning mineral and the relevant law.

dd) At the time of renewal proposal, the next plan for the mineral exploitation must comply with the mineral planning approved as prescribed at point c or point d, clause 1, Article 10 of the Mineral Law.

2. Renewal of mineral exploitation License, the License of mineral salvage exploitation is the renewal of the time for the right of mineral exploitation performance of the organizations and indiduals on the basis of the remaining mineral reserves that are permitted to exploit by the renewal time without any change of capacity allowed to exploit. In case to increase the exploitation capacity, the organizations and indiduals exploiting mineral must make the investment project of improving or expanding; making program for approval of the environmental impact assessment report or undertake to protect the environment as prescribed. When renewing the mineral exploitation License, the exploitation area can be adjusted in accordance with the remaining mineral rserves, but not exceeding beyond the scope of area that is licenseed exploitation

3. In case the mineral exploitation License, the License of mineral salvage exploitation are expired but the dossier for renewal proposal are being considered by the state competent authority then the organizations and indiduals that are exploiting minerals are allowed to continue their mineral exploitation under the License to the renewal time or until there is a written notice that the License is not renewed.

Article 26. Evaluating the project of the mineral mine closing

1. The Ministry of Natural Resources and Environment, the provincial People’s Committee under the competence prescribed in clause 1 and clause 2, Article 82 of the Mineral Law, organize the evaluation the project of the mineral mine closing before making decision to close it down.

2. The evaluation content of the project of the mine closing consists of:

a) Reason for closing the mine

b) The real state, quantity, volume and safety degree of the mining works, including the waste ground of mine by the time of closure.

c) The volume of mineral that have been exploited in fact, the remaining mineral reserves in the area where there is permission to exploit mineral by the time of closure.

d) Volume of work and method of closing the mine, the measurement of protecting mineral not yet been exploited; the solutions to ensure the safety for the exploitation work site after the closure; including the waste grounds of the mine; measurement for relevant soil recovery and environment

e) The volume and progress of work performance of the project and the time for the completion of the mine closing.