Chương 4 Nghị định 15/2012/NĐ-CP: Thủ tục cấp phép hoạt động khoáng sản, phê duyệt trữ lượng khoáng sản và đóng cửa mỏ khoáng sản

Chapter 4.

LICENSING PROCEDURES OF MINERAL ACTIVITIES AND APPROVAL OF MINERAL RESERVES AND MINE CLOSING

SECTION 1. DOSSIER RECEIVING ORGAN, FORM OF RECEIVING AND RETURNING RESULT

Article 27. The dossier receiving organ of the licensing dossier for the mineral activities, dossier for the approval of the mineral reserves, dossier for the closure of the mineral mine

The dossier receiving organ of the dossier for mineral activities licensing; dossier for approval of the mineral reserves, dossier for closing the mineral mine prescribed as follows:

1. The General Department of Geology and Minerals is the dossier receiving organ for the dossier for mineral activities licensing; dossier for closing the mineral mine under the competence of licensing of the Ministry of Natural Resources and Environment.

2. The National Council for Evaluation of Mineral Reserves office is the dossier receiving organ of the dossier for approving the mineral reserves in the report of mineral exploration result under the mineral exploration License belonging to the licensing competence of the Ministry of Natural Resources and Environment.

3. The Department of Natural Resources and Environment is the dossier receiving organ of the dossier for the mineral activities licensing, dossier for approval of the mineral reserves in the report of mineral exploration result, dossier for closing the mineral mine under the licensing competence of the provincial People’s Committee.

Article 28. Form of receiving and returning the result of dossier for mineral activities licensing, dossier for approval of the mineral reserves, dossier for closing the mineral mine

1. The dossier for mineral activities licensing, dossier for closing the mineral mine are directly submitted or sent via post to the dossier receiving organ as prescribed in clause 1 and clause 3, Article 27 of this Decree.

The dossier for approval of the mineral reserves is directly submitted to the dossier receiving organ as prescribed in clause 2 and clause 3, Article 27 of this Decree.

2. The time for settling the dossier is prescribed in clause 2, Article 48, clause 2, Article 50, clause 2, Article 60 and clause 2, Article 71 of the Mineral Law is calculated from the date the dossier receiving organ has a written receipt notice.

3. The result returning is directly carried out at the dossier receiving organ

SECTION 2. FORM OF DOCUMENT IN DOSSIER

Article 29. Dossier for issuance, renewal, returning of license, returning of one part of mineral exploration area, transfer of mineral exploration right

1. The document in the dossier for mineral exploration licensing proposal as prescribed in clause 1, Article 47 of the Mineral Law is made into 01set in the form as follows:

a) The original: Application for mineral exploration license; the map of mineral exploration area; project of mineral exploration.

b) The original or the certified copy: The commitment to protect the environment for the case of toxic mineral exploration; document certifying auction winning in case of auctioning the mineral exploitation right in the area where the mineral exploration have not yet carried out; the certificate of business registration; decision on establishing representative office, branch in Vietnam in case of foreign enterprises; document from the bank where the organizations and individuals register transactional account confirming on the equity capital as prescribed at point c, clause 2, Article 40 of the Mineral Law.

2. The document in the dossier for the renewal of mineral exploration License as prescribed in clause 2 Article 47 of the Mineral Law is made into 01 set in the form as follows:

a) The original: Application for renewal of mineral exploration License; report of mineral exploration result performed to the time of the renewal proposal and the plan for the next mineral exploration; the map of mineral exploration area.

b) The original or the certified copy: the documents of the obligation performance relating to the exploration activities by the time of the proposal for the renewal of mineral exploration License.

3. The document in the dossier for returning the mineral exploration License or returning one part of mineral exploration area as prescribed in clause 3, Article 47 of the Mineral Law is made into 01 set in the form as follows:

a) The original: Application for returning the mineral exploration License or returning one part of mineral exploration area; the mineral exploration License; report of mineral exploration result performed by the time of returning proposal; the map of mineral exploration area, the plan for the next mineral exploration in case of returning one part of the exploration area.

b) The original or the certified copy: the documents of the obligation performance relating to the exploration activities by the time of the returning proposal.

4. The document in the dossier for transferring the mineral exploration right as prescribed in clause 4, Article 47 of the Mineral Law is made into 01 set in the form as follows:

a) The original: Application for transferring the mineral exploration right, contract for transferring the mineral exploration right; report of mineral exploration result by the time of the proposal for the transfer of the mineral exploration right.

b) The original or the certified copy: the documents demonstrating the organizations and individuals that make transfer have completed obligations as prescribed at points b, c, d and e, clause 2, Article 42; clause 3, Article 43 of the Mineral Law; certificate of business registration of the organizations, individuals receiving the transfer of mineral exploration right; decision on establishing representative office, branch in Vietnam in case the organizations and individuals receiving the transfer are foreign enterprises.

Article 30. The dossier for approval of the mineral reserves

The document in the dossier for approval of the mineral reserves as prescribed in clause 1, Article 50 of the Mineral Law is made into 01 set in the form as follows:

1. The orginal: Application for approval of mineral reserves; report of mineral exploration result, the appendices, drawing and the concerned original documents; appendix of interpreting the temporary target of mineral reserves calculation; the takeover test record of volume and quality of the mineral exploration works already built of the organizations and individuals that are granted the License to explore the minerals.

2. The original or the certified copy: The project of mineral exploration evaluated and the mineral exploration Licese.

3. The data of the document as prescribed in clause 1 of this Article is recorded in CD (01 set)

Article 31. Dossier for granting, renewal, returning of the mineral exploitation License, returning one part of mineral exploitation area, transfer of mineral exploitation right

1. The document in the dossier for the proposal of mineral exploitation licensing as prescribed in clause 1, Article 59 of the Mineral Law is made into 01 set in the form as follows:

a) The original: Application for granting the mineral exploitation License; map of mineral exploitation area; project of mineral exploitation investment attached to the approval decision.

b) The original or the certified copy: The decision on the mineral reserves approval of the State competent authority; document certifying auction winning in case of auctioning the mineral exploitation right in the area where there was exploration result; Certificate of investment; Report on environmental impact assessment attached to the decision of approval or the commitment of environmental protection together with certificate of the competent state management organ; certificate of business registration; document certifying the equity capital as prescribed at point c, clause 2, Article 53 of the Mineral Law.

2. The document in dossier for the renewal of mineral exploitation License as prescribed in clause 2 Article 59 of the Mineral Law is made into 01 set in the form as follows:

a) The original: Application for the renewal of mineral exploitation License; the map of the mining status at the point of time of the renewal; report of exploitation activity result by the time of the renewal proposal.

b) The original or the certified copy: The documents demonstrating the complete performance of obligations as prescribed at points a, b, c, dd, e and g, clause 2, Article 55 of the Mineral Law by the time of the renewal proposal

3. The document in dossier for returning the mineral exploitation License or one part of surface of the mineral exploitation area as prescribed in clause 3 Article 59 of the Mineral Law is made into 01 set in the form as follows:

a) The original: Application for returning the mineral exploitation License or one part of the mineral exploitation area; the map of the mining status at the point of time of the returning proposal; the mineral exploitation License, report of mineral exploitation result by the time of returing proposal; the project of closing the mine in case of returning the mineral exploitation License.

b)The original or the certified copy: The documents demonstrating the complete performance of obligations as prescribed at points a, b, c, dd, e and g, clause 2, Article 55 of the Mineral Law by the time of returning proposal.

4. The document of the dossier of the mineral exploitation right transfer as prescribed in clause 4, Article 59 of the Mineral Law is made into 01 set in the form as follows:

a) The original: Application for transfer of mineral exploitation right; contract for transfer of mineral exploitation right attached to the list of value of the transferred property; the map of the mining status at the point of time of transfer proposal; report of mineral exploitation result to the time of the transfer proposal of the mineral exploitation right.

b) The original or the certified copy: The documents demonstrating the complete performance of obligations as prescribed at points a, b, c, dd, e and g, clause 2, Article 55 of the Mineral Law by the time of transfer of the organizations and individuals that make transfer; certificate of business registration, certificate of investment of the organizations and individuals receiving the transfer of mineral exploitation right

Article 32. Dossier for granting, renewal, returning of License of mineral salvage exploitation

1. The document in the dossier for granting the license of mineral salvage exploitation as prescribed in clause 1, Article 70 of the Mineral Law is made into 01 set in the form as follows:

a) The original: Application for granting the License of mineral salvage exploitation; map of mineral salvage exploitation area; project of mineral exploitation investment attached the approval decision.

b) The original or the certified copy: Certificate of investment, report on environmental impact assessment attached to the approval decision or the commitment to protect the environment together with the confirmation of the competent state management organ; certificate of business registration;

2. The document in the dossier for the License of mineral salvage exploitation as prescribed in clause 2, Article 70 of the Mineral Law is made into 01 set in the form as follows:

a) The original: Application for renewal proposal of the License of mineral salvage exploitation; report on mineral salvage exploitation result by the time of the renewal proposal.

b) The original or the certified copy: The documents demonstrating the complete performance of obligations as prescribed at points a, b, c, dd, e and g, clause 2, Article 55 of the Mineral Law by the time of the renewal proposal.

3. The document in the dossier for returning the License of mineral salvage exploitation as prescribed in clause 3, Article 70 of the Mineral Law is made into 01 set in the form as follows:

a) The original: Application for returning the License of mineral salvage exploitation; report on mineral salvage exploitation result by the time returning the License; the project of the mine closing.

b) The original or the certified copy: The documents demonstrating the complete performance of obligations as prescribed at points a, b, c, dd, e and g, clause 2, Article 55 of the Mineral Law by the time of the returning proposal.

Article 33. Dossier for closure of the mineral mine

1. The dossier component for closing the mineral mine as prescribed in Article 73 of the Mineral Law includes:

a) Application for the mineral mine closure

b) Project of the mineral mine closure

c) The status map of the mineral mine closing area

d) The documents demonstrating the complete performance of obligations relating to the mineral exploitation by the time of closing the mineral mine.

2. The document in the dossier for closing the mineral mine as prescribed in clause 1 of this Article is made into 01 set in the form as follows:

a) The original: Application for closing the mineral mine; the mineral exploitation License; project of closing the mineral mine; the status map of the mineral mine closing area by the time of the closure proposal

b) The original or the certified copy: The documents demonstrating the complete performance of obligations as prescribed at points a, b, c, dd, e and g, clause 2, Article 55 by the time of the mine closing proposal.

Article 34. Form of document in the dossier for mineral activity licensing, dossier for approval of the mineral reserves, dossier for closure of the mineral mine.

1. The document in the dossier for mineral activity licensing, dossier for approval of the mineral reserves, dossier for closing the mineral mine; the forms: the mineral exploration License, the mineral exploitation License, the decision on mineral reserves approval, the decision on the project of mineral mine closing proposal and decision on closing the mineral mine are made under the unique form nationwide.

2. The Ministry of Natural Resources and Environment promulgates the forms of documents as prescribed in clause 1 of this Article.

SECTION 3. ORDER OF PROCEDURE IMPLEMENTATION

Article 35. Order of the procedure for mineral exploration licensing

1. The dossier receiving for granting the mineral exploration License in the area with no auction of the mineral exploitation right is implemented as follows:

a) When receiving the dossier from the first organization or individual having need of mineral exploration, the dossier receiving organ will publicly announce the name of the organization or individual, name of the kind of mineral and location of area suggesting the mineral exploration at head office of organ and on the website of the licensing competent authority.

The time for receiving and announcing on the dossier for the mineral exploration proposal of the other organizations and individuals is 30 days, from the day of receiving the dossier for mineral exploration proposal of the first organization or individual.

b) When the time stated at the point a of this clause is over, the dossier receiving organ doesnot receive any dossier and conduct the selection organizations, individuals in order to grant the mineral exploration as prescribed in clause 2, Article 13 of this Decree.

The time for selecting organizations, individuals in order to grant the mineral exploration License is 05 working days, from the expiry day of notice as prescribed at point a of this clause.

c) When the time regulated at the point b of this clause, in case having selected the dossier of the organization or individual to grant the exploration license, the dossier receiving organ issues a written notice and publicly announces the name of the selected organization or individual at head office of organ and on the website of the competent authority to grant license.

For the organizations and individuals that are not selected to grant the mineral exploration License, the dossier receiving organ is responsible for noticing in writing to the organizations and individuals proposing the mineral exploration for the reason not being selected.

2. The receiving of dossier for the mineral exploration proposal of the organizations and individuals that win the auction of the mineral exploitation right in the area where the mineral hasnot been explored is implemented as follows:

a) The organizations and individuals that win the auction of the mineral exploitation right submit the dossier for the mineral exploration proposal to the dossier receiving organ.

b) In a period not exceeding 02 working days, the dossier receiving organ is responsible for verifying the documents in the dossier. In case the documents meet the conditions in the clause 1, Article 47 of the Mineral Law and the clause 1, Article 29 of this Decree then the dossier receiving organ issues a document of the dossier receiving.

3. In case the dossier for the mineral exploration proposal hasnot complete documents as prescribed or has enough but the content of the documents in the dossier is not in accordance with the regulation of the law, the dossier receiving organ makes a guidance in writing for the organizations and individuals that propose the mineral exploration for supplementing and completing dossier. The guidance, request of supplement and completion of dossier from the dossier receiving organ is made only one time.

4. Evaluation of dossier for the mineral exploration proposal

In a period not exceeding 55 days, from the day there is a written notice of the dossier receiving, the dossier receiving organ is reponsible for completing the following tasks:

a) Checking the coordinates, the area proposed for mineral exploration, including on-site verification.

b) Submitting document to the relevant organs concerning the area proposed for mineral exploration in case prescribed in clause 3, Article 48 of the Mineral Law.

In a period not exceeding 20 days from the day receiving the document asking for the opinion from the dossier receiving organ, the organ consulted is reponsible for responding in writing the concerned problems. After the time limit above mentioned without any written response, the case seems to be approved by the organ consulted.

c) Oganizing the evaluation of the project of the mineral exploration before submission for granting the mineral exploration License by the order prescribed in the Article 36 of this Decree.

5. The submission for granting the mineral exploration License is made as follows:

a) In a period not exceeding 21 days from the day of completing the tasks as prescribed in clause 4 of this Article, the dossier receiving organ is responsible for completing and submitting the dossier for the exploration licensing to the State organs that have the competence to grant the License.

b) In a period not exceeding 07 working days from the day of receiving the dossier from the dossier receiving organ, the state organ that has the competence to grant License will decide on granting or non-granting the mineral exploration Licence. In case of non-granting there must be a written response clearly stating the reason.

6. Returning of the dossier for the mineral exploration Licence

In a period of 07 working days from the day of receiving the dossier for granting the mineral exploration Licence from the licensing competent state authority, the dossier receiving organ will notify the organizations and individuals that propose to be granted the exploration Licence in order to receive the result and carry out the relevant obligations as prescribed.

Article 36. The evaluation order of the mineral exploration project

1. The evaluation order of the mineral exploration project that belonging to the licensing competence of the Ministry of Natural Resources and Environment is made as follows:

a) In a period not exceeding 20 days from the day there is written notice of dossier receiving, the dossier receiving organ will send the project of exploration to get opinions from some experts of spcialized field. The time for giving out opinions from the experts will not exceed 10 working days from the time receiving the proposal from the dossier receiving organ.

b) In a period not exceeding 05 working days from the day of receiving the consulting opinion from the experts, the dossier receiving organ is responsible for generalizing all opinion and enclosing with the dossier for the mineral exploration proposal to the Chairman of the Council for evaluation of the mineral exploration project as prescribed in clause 3 of this Article (hereafter called the Council of evaluation)

c) In a period not exceeding 15 days, from the day of receiving the dossier for the mineral exploration proposal, together with the opinions of the experts, the Chairman of the evaluation Council will decide on organizing the meeting of the Council of evaluation.

d) In a period not exceeding 05 working days from the day ending the meeting, the dossier receiving organ must complete the minutes of meeting of the evaluation Council. In case of supplement and adjustment to perfect the project or the project of mineral exploration must be made again, the dossier receiving organ will send a written notice clearly stating the reason for the disapproval of the project or the contents that need supplementing and perfecting the project attached to the minutes of meeting of the evaluation Council.

The time for the organizations and individuals proposing to be granted the license of exploration, to add, perfect and re-make of the project of mineral exploration will not be included in the period of the mineral exploration project evaluation.

2. The evalution order of the project of mineral exploration under the licensing comptence of the provincial People’s Committee is made as follows:

a) In a period not exceeding 20 days from the day there is written notice of dossier receiving, the dossier receiving organ will send the project of exploration to get opinions from some experts of specialized field. The time for giving out opinions from the experts will not exceed 10 working days since receiving the proposal from the dossier receiving organ.

b) In a period not exceeding 05 working days from the day receiving the opinions of the experts, the dossier receiving organ is responsible for generalizing all opinion and enclosing with the dossier for the mineral exploration proposal to the provincial People’s Committee.

c) In a period not exceeding 20 days from the day of receiving the dossier for the mineral exploration proposal attached to the opinions of the experts, the provincial People’s Committee will decide on the approval of the content of the project of mineral exploration in order to grant license or establish the evaluation Council in the necessary case.

In case of supplementing and adjusting the project of mineral exploration based on opinion of the provincial People’s Committee or of the evaluation Council, the dossier receiving organ will send written notice clearly stating the reason of disapproval of the project or of the contents that need to supplement and perfect the project of mineral exploration.

The time for the organizations and individuals propose to be granted the license to add, perfect and re-make of the project of mineral exploration will not be included in the period of the mineral exploitation project evaluation.

3. The Ministry of Natural Resources and Environment stipulates the organization and operation of the Council for evaluation of the mineral exploration project.

Article 37. Order of the procedure for mineral exploitation licensing

1. The dossier receiving for granting the mineral exploitation License is made as follows:

a) The organizations and individuals that propose to be granted the mineral exploitation License submit the dossier for exploitation proposal to the dossier receiving organ.

b) In a period not exceeding 02 working days, the dossier receiving organ is responsible for verifying the documents in the dossier. In case the documents in the dossier are in the right accordance with regulation prescribed in clause 1, Article 59 of the Mineral Law and clause 1, Article 31 of this Decree, the dossier receiving organ issues a written notice of the receiving. In case the dossier for the mineral exploitation proposal hasnot complete documents as prescribed or has enough but the content of the documents in the dossier is not in accordance with the regulation of the law, then the dossier receiving organ makes a guidance in writing for the organizations and individuals that propose the mineral exploitation for supplementing and completing dossier. The guidance, request of supplement and completion of dossier from the dossier receiving organ is made only one time.

2. Valuating the dossier for granting the mineral exploitation Lincense

a) In a period not exceeding 25 days from the day there is a written notice of the dossier receiving, the dossier receiving organ is reponsible for checking the coordinates, the area that proposed for mineral exploitation and on-site verification.

b) In a period not exceeding 05 days from the day of completing the tasks as prescribed at point a of this clause, the dossier receiving organ will send document to ask for opinion to the relevant organs concerning the grant of the mineral exploitation License in accordance with the regulation at point c, clause 2, Article 60 of the Mineral Law.

In a period not exceeding 20 days from the day receiving document asking for the opinion from the dossier receiving organ, the consulting organ is reponsible for replying in writing the concerned problems. After the time limit above mentioned without any written response, it seems to be approved by the consulting organ.

c) n a period not exceeding 35 days, the dossier receiving organ must complete the evaluation of the documents and other content relating to the mineral exploitation and specify the charge for granting the mineral exploitation right

3. The submission for dossier of granting the mineral exploitation License is made as follows:

a) In a period not exceeding 05 working days from the day of completing the tasks as prescribed in clause 2 of this Article, the dossier receiving organ is responsible for completing and submitting the licensing dossier to the State organs that have the competence to grant the License.

b) In a period not exceeding 07 working days from the day of receiving the dossier from the dossier receiving organ, the state organ that has the licensing competence will decide on the approval or disapproval of granting the mineral exploitation Licence. In case of disapproval, there must be a written response clearly stating the reason.

4. Notifying and returning the result of the dossier for the mineral exploitation Licence

In a period not exceeding 15 days from the day of receiving the dossier from the licensing competent authority, the dossier receiving organ will notify the organizations and individuals that propose to be granted the mineral exploitation Licence in order to receive the result and carry out the relevant obligations as prescribed.

Article 38. Order of the licensing procedure for the License of mineral salvage exploitation

1. The dossier receiving for granting the License of mineral salvage exploitation is made as follows:

a) The organizations and individuals that propose to be granted the License of mineral salvage exploitation submit the dossier for exploitation proposal to the dossier receiving organ.

b) In a period not exceeding 02 working days, the dossier receiving organ is responsible for verifying the documents in the dossier. In case the documents meet the conditions in the clause 1, Article 70 of the Mineral Law and the clause 1, Article 32 of this Decree then the dossier receiving organ issues a written notice of the receiving.

In case the dossier for the mineral exploitation proposal hasnot complete documents as prescribed or has enough but the content of the documents in the dossier is not in accordance with the regulation of the law, the dossier receiving organ makes a guidance in writing for the organizations and individuals for supplementing and completing dossier. The issuance of guidance document, request of supplement and completion of dossier from the dossier receiving organ is made only one time.

2. Evaluation of dossier for granting the License of mineral salvage exploitation

a) In a period not exceeding 5 working days, from the day there is a written notice of the dossier receiving, the dossier receiving organ is reponsible for checking the coordinates, the area proposed for mineral salvage exploitation and on-site verification

b) In a period not exceeding 15 days, the dossier receiving organ must complete the evaluation of the documents and other content relating to the area proposed for mineral salvage exploitation.

3. The submission for dossier of granting the License of mineral salvage exploitation is made as follows:

a) In a period not exceeding 2 days from the day of completing the tasks as prescribed in clause 2 of this Article, the dossier receiving organ is responsible for completing and submitting the licensing dossier to the licensing competent State organs.

b) In a period not exceeding 05 working days from the day of receiving the dossier from the dossier receiving organ, the licensing competent state organ will decide on the approval or disapproval of granting the License of mineral salvage exploitation. In case of disapproval, there must be a written response clearly stating the reason.

4. Returning the result of dossier of mineral salvage exploitation licensing:

In a period of 03 working days from the day of receiving the dossier for the mineral salvage exploitation licensing from the licensing competent authority to grant license, the dossier receiving organ will notify the organizations and individuals that propose to be granted the License of mineral salvage exploitation in order to receive the result and carry out the relevant obligations as prescribed.

Article 39. Order of the procedure for renewal, transer, returning one part of the area, returning the mineral exploration License, the mineral exploitation Lincense; renewal and returning the License of mineral salvage exploitation

1. The receiving of dossier is made as follows:

a) The organizations and individuals proposing the renewal, transfer, returning one part of the area, returning the mineral exploration License, the mineral exploitation License; renewal, returning of the License of mineral salvage exploitation shall submit the dossier to the dossier receiving organ.

b) In a period not exceeding 02 working days, the dossier receiving organ is responsible for verifying the documents in the dossier. In case the documents are in accordance with the regulation then the dossier receiving organ issues a document of the receiving.

In case the dossier hasnot complete documents as prescribed or has enough but the content of the documents in the dossier is not in accordance with the regulation of the law, the dossier receiving organ makes guidance in writing for the organizations and individuals to supplement and complete the dossier. The guidance, request of supplement and completion of dossier from the dossier receiving organ is made only one time.

2. The evaluation of the dossier is made as follows:

a) In a period not exceeding 05 working days, from the day there is a written notice of the dossier receiving, the dossier receiving organ is reponsible for checking the coordinates, the area proposed for the renewal, transfer, returning one part of the area, returning the mineral exploration License, the mineral exploitation License; not execeeding 03 days for the case of renewal; returning of the License of mineral salvage exploitation including on-site verification.

b) In a period not exceeding 30 working days, the dossier receiving organ must complete the evaluation of the documents and other content relating to the renewal, transfer, returning one part of the area, returning the mineral exploration License, returning the mineral exploitation License; not execeeding 05 working days for the case of renewal; returning of the License of mineral salvage exploitation.

3. Submitting the dossier to the licensing competent authority:

a) In a period not exceeding 2 working days from the day of completing the tasks as prescribed in clause 2 of this Article, the dossier receiving organ is responsible for completing and submitting the dossier to the licensing competent State organs.

b) In a period not exceeding 5 working days from the day of receiving the dossier from the dossier receiving organ, the licensing competent state organ will decide on the approval or disapproval of the renewal, transfer, returning one part of the area, returning the mineral exploration License, returning the mineral exploitation License; not execeeding 03 working days for the case of renewal, returning of the License of mineral salvage exploitation. In case of disapproval, there must be a response in writing clearly stating the reason.

4. Returning the result of dossier settlement

In a period not exceeding 3 working days from the day of receiving the dossier from the licensing competent state organ, the dossier receiving organ will notify the organizations and individuals that propose the renewal, transfer, returning one part of the area, returning the mineral exploration License, returning the mineral exploitation License; not execeeding 02 working days for the case of renewal, returning of the License of mineral salvage exploitation.

Article 40. Order of implementing the procedure for the approval of the mineral reserves

1. Receiving the dossier for the approval of the mineral reserves:

a) The organizations and individuals submit the dossier for the mineral reserves the approval directly at the head office of the receiving organ as prescribed in clause 2 and 3, Article 27 of this Decree.

b) In a period not exceeding 02 working days, the dossier receiving organ is responsible for verifying the dossier. In case the documents meet the conditions in the clause 1, Article 50 of the Mineral Law and article 30 of this Decree then the dossier receiving organ will notify the organizations and individuals proposing the approval of the reserves to make the charge payment for evaluation of the mineral reserves as prescribed. The dossier receiving organ issues a document of the dossier receiving right after the organizations and individuals complete their obligations of payment of the charge for evalution and approval of the mineral reserves.

In case the dossier hasnot complete documents as prescribed or has enough but the content of the documents in the dossier is not in accordance with the regulation of the law, the dossier receiving organ makes guidance in writing for the organizations and individuals to supplement and complete the dossier. The guidance and request of supplement and completion of dossier from the dossier receiving organ is made only one time.

2. The verification of the report of the mineral reserves is made as follows:

a) In a period not exceeding 30 days, from the day there is a written notice of the dossier receiving, the dossier receiving organ is reponsible for checking all dossiers, documents and reports; on-site verification at the mineral exploration area, sample of drill core, ditch, well in necessary case.

b) In a period not exceeding 60 days from the day of completing work specified at point a of this clause, the dossier receiving organ will send the report of exploration result to the experts of specialised fields to get their opinions on the relevant content in the report of mineral exploration. The time for response from the experts will not exceed 20 days from the time receiving the proposal from the dossier receiving organ.

c) In a period not exceeding 30 days from the day of completing work specified at point b of this clause, the dossier receiving organ is reponsible for generalizing the experts’ opinions and preparing dossier and documents to present the National Council for Evaluation of Mineral Reserves or the provincial People’s Committee for consideration and decision.

In case the report does not meet requirement to submit to the National Council for Evaluation of Mineral Reserves or the provincial People’s Committee, the dossier receiving organ will give written notice clearly stating the reason for the organizations and individuals proposing the approval of the mineral reserves to supplement and perfecting the report attached to the written comment opinion from the experts.

The time for the organizations and individuals to perfect the report of mineral reserves is not included in the time of report evaluation.

3. The evaluation of the report of mineral exploration result and approval of the mineral reserves in the exploration report is made as follows:

a) In a period not exceeding 30 days from the day of completing the work content as prescribed at the point c, clause 2 of this Article, the Chairman of the National Council for Evaluation of Mineral Reserves will organize the Council meeting; the provincial People’s Committee will decide to establish the technical consulting Council or not as prescribed in clause 2, Article 21 of this Decree.

b) In a period not exceeding 5 working days after the end of the meeting of the National Council for Evaluation of Mineral Reserves, the technical consulting Council, the dossier receiving organ must complete the minutes of the Council meeting. In case of supplementing and adjusting for perfecting the report of the mineral exploration based on the opinion of the National Council for Evaluation of Mineral Reserves, the technical consulting Council, the provincial People’s Committee, the dossier receiving organ will send written notice clearly stating the content that needs supplementing and perfecting enclosed with the minutes of the Council meeting.

The time for organization, the individuals proposing the approval of additional reserves, perfecting the report of mineral exploration isnot included in the time for report evaluation

c) In the period not exceeding 15 days, from the day of receiving the report of exploration result that is supplemented and perfected of the organizations and individuals proposing the approval of the reserves, the dossier receiving organ will submit to the competent authority to approve the reserves as prescribed in clause 1, Article 49 of Mineral Law.

d) In the period not exceeding 5 working days, from the day of receiving dossier for approval of the mineral reserves from the dossier receiving organ, the competent authority that approves the mineral reserves promulgates the decision on the approval of the mineral reserves in the report of the mineral exploration.

4. Returning the result of the mineral reserves approval

In a period of 5 working days from the day of receiving the dossier from the comptent authority to approve the mineral reserves, the dossier receiving organ will notify the organizations and individuals that propose the approval of reserves to come and receive the result and carry out the other relevant obligations

Article 41. Responsibility of the provincial People’s Committee in the coordination to evaluate and license the mineral activities

1. In case areas banned from mineral activities, areas temporarily banned from mineral activities are not approved as prescribed, before licensing the mineral activities under the competence, the Ministry of Natural Resources and Environment only get opinions in writing from the provincial People’s Committee where the minerals exist, about the area estimated for licensing the mineral activities relating or not relating to the areas banned from mineral activities, the areas banned temporarily from mineral activities.

2. At latest within 20 days from the day of receiving the written comments as prescribed in clause 1 of this Article, the provincial People's Committee will respond in writing to the Ministry of Natural Resources and Environment.