Nghị định 158/2016/NĐ-CP hướng dẫn Luật khoáng sản

GOVERNMENT --------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ----------------
No. 158/2016/ND-CP	Hanoi, November 29, 2016

 

DECREE

ON GUIDELINES FOR THE LAW ON MINERAL

Pursuant to the Law on Government organization dated June 19, 2015;

Pursuant to the Law on Mineral dated November 17, 2010;

At the proposal of the Minister of Natural Resources and Environment;

The Government promulgates a Decree on guidelines for the Law on Mineral.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree provides guidelines for the Law on Mineral No. 60/2010/QH12 on reimbursement of costs of geological baseline survey of mineral, costs of mineral exploration; periodical reports on mineral activities; mine managers; certification of owner’s equity; mineral planning; geological baseline survey of mineral; protection of interests of localities and inhabitants in the places where minerals are extracted, protection of minerals not been extracted; mineral areas and regulations on mineral activities; procedures for mineral operation licenses, approval for mineral deposits and mine closure.,,

2. This Decree amends Clause 2 of Article 3, Clause 1 of Article 6, Point b Clause 2 of Article 16; amends Clause 4 Article 15 of Decree No. 22/2012/ND-CP dated March 26, 2012 of the Government on auction of mining rights; amends Clause 2 of Article 3, Article 4, Article 5, Clause 3 of Article 6, Article 7 of Decree No. 203/2013/ND-CP dated November 28, 2013 of the Government on calculation method and charge for granting the mineral mining rights.

Article 2. Interpretation of terms

For the purposes in this Decree, the terms below are construed as follows:

1. Toxic mineral is a type of minerals containing one of the following elements: mercury, arsenic, uranium, and thorium, asbestos that when extracted and used can release into the environment the radioactive or toxic substances that exceed the level of Vietnamese technical standard.

2. Minerals accompanied is another type of minerals that is located in the mining areas, recoverable from extraction of main minerals as specified in licenses for mineral extraction, including other minerals in the waste dump of operating mines appeared at the time which the extraction and use of those minerals brings economic efficiency.

3. Crude minerals are products of mineral resources, extracted, no longer in its natural state, but not through beating, crushing, screening, grading or other activities to enhance their value after mining.

4. Mine capital construction is works being determined in a project for investment and design of mines, including: Construction of works (buildings, warehouses, wharves, etc.) used for the purposes of extraction; construction of transport routes to connect the mining areas and transport system of vicinity; preparation of initial premises for mineral extraction.

5. Mine manager is a person whose qualification satisfies the requirements prescribed in Clause 2 Article 62 of the Law on Mineral and he is appointed by an entity entitled to mineral extraction, or is a person entitled to extraction or the head of an organization entitled to extraction.

6. Deposits equivalent to charges for granting mineral extraction right are mineral deposits that are permitted in an extraction design, determined in an investment project or a technical and economic report and specified in a license for mineral extraction.

7. Area of geological baseline survey of mineral is area being determined in a project for geological baseline survey of mineral approved by a competent authority. In the area of geological baseline survey of mineral, one or multiple areas of minerals is/are likely to be found and evaluated.

8. Geological heritage is a part of the geological resources having outstanding value with respect to scientific, educational, aesthetic and economic aspects.

9. Force majeure events in mineral activities are events that are objective and unforeseeable; those are unavoidable or irreparable regardless of any measures adopted, resulting in an entity engaged in mineral operation failing to fulfill or incompletely fulfilling its obligations.

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 an entity 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, or an entity using the information for mineral exploration, extraction, or any other business purposes must reimburse the State the invested costs. The costs to be reimbursed with respect to the information for assessing the mineral potential are defined based on the quantity of work, work items performed in the proposed area of mineral exploration, including: Drilling, trenches, furnace, well, karotaz and samples used for determination of mineral quality in the above-mentioned works. The costs to be reimbursed with respect to information for mineral exploration are defined based on all work items performed in the proposed area of mineral extraction. Reimbursement unit prices shall be determined according to the current unit prices;

b) With regard to an extraction area under a license issued by a competent authority, the costs to be reimbursed shall be determined according to the mineral actuality, remaining deposits at the time of determination, and according to average cost by one resource unit (upon assessment of mineral potential) or one deposit unit (upon mineral exploration) in accordance with the rules prescribed in Point a of this Clause;

c) Any entity that is permitted to explore the mineral by fund from the State budget is not entitled to supply and transfer any information about the mineral exploration results to other entities except for competent authorities as prescribed by the Ministry of Natural Resources and Environment;

d) With regard to the information on assessing the mineral potential, mineral exploration invested by an entity, the reimbursement of invested costs is carried out on the principle of an agreement between the organization and individuals that have invested with the entities using the information and financial obligations to be fulfilled as prescribed by law.

With regard to information on assessing the mineral potential, mineral exploration invested by the entities in the area of mineral activities whose licenses are revoked, returned or their right of priority to propose the grant of the mining license is lost, if parties cannot reach an agreement by themselves of the costs to reimburse, an authority competent to grant licenses as prescribed in the clause 1, clause 2 Article 82 of the Mineral Law (hereinafter referred to as licensing authority) shall decide the invested costs to be reimbursed in the rule prescribed at Point a of this Clause;

dd) In case the entities 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 d of this Clause.

3. The imbursement of costs of geological baseline survey of mineral, costs of mineral exploration is carried out in accordance with Point a Clause 2 of this Article before an entity applies for a mining license.

4. The Ministry of Finance shall take charge and cooperate with the Ministry of Natural Resources and Environment in guidance on methods of determining costs of mineral potential assessment, costs of mineral exploration to be reimbursed, procedures for reimbursement; regulations on collection, control, and 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 extraction

1. Any entity is entitled to use the information on the mineral exploration invested by itself or use the information on the mineral potential assessment, mineral exploration and extraction belonging to the State possession that have been reimbursed the costs as prescribed in the Article 3 of this Decree and entitled to transfer and inherit in accordance with the regulation of the law.

2. After 06 months from the day on which the mineral deposits are approved by a competent authority and upon expiry of the mineral exploration license, if an entity entitled to mineral exploration fails to apply for issuance of a mining license, the competent authority is entitled to provide the information on the mineral in that area for other entities for their use, except for force majeure events. The entity that use the information prescribed in Point d, Clause 2, Article 3 of this Decree must reimburse the exploration costs to any entity that has carried out any previous exploration.

Article 5. The state investment for mineral exploration and extraction

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 prescribed in clause 5, Article 3 of the Law on mineral.

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 take charge and cooperate with the Ministry of Planning and Investment, Ministry of Finance and the relevant ministries and agencies to evaluate and submit to the Governmental Prime Minister for the approval of the projects of mineral exploration and extraction performed by capital from the State budget.

Article 6. Management of toxic mineral

1. 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 People’s Committee of province where the toxic minerals exist to organize the control and protection as prescribed.

2. The People’s Committee of province where the toxic minerals exist is responsible for 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 unextracted toxic minerals in the local area as prescribed.

Article 7. Reports on mineral operating performance; reports on state management of minerals

1. A report on the mineral operating performance consists of:

a) A report on the mineral exploring performance;

b) A report on the mineral extracting performance.

2. A report on state management of minerals consists of:

a) Report on state management of minerals within the scope of a province or central-affiliated city (hereinafter referred to as province);

b) Report on state management of minerals nationwide.

3. Reporting:

a) Annual reports shall be made in accordance with Clause 1, Clause 2 of this Article. The reporting period begins from 01 January to 31 December inclusive of the reporting year;

b) Apart from the report specified in the Point a of this Clause, when required from a mineral authority, an entity permitted to engage in mineral operation must send an irregular report on the of mineral operation performance to such authority.

4. Responsibility for submitting reports:

a) Before every February 1, each entity permitted to engage in mineral operation must submit the report of the previous year as prescribed in Clause 1 of this Article to the Service of Natural Resources and Environment of the province where the mineral operation are conducted. With regard to an entity that conduct the mineral operation under the License which is granted under the competence of the Ministry of Natural Resources and Environment, that report is also submitted to the General Department of Geology and Minerals of Vietnam;

b) Before every February 15, the Service of Natural Resources and Environment will send a report of the previous year as prescribed at Point a clause 2 of this Article to the People’s Committee of province which forwards such report to the Ministry of Natural Resources and Environment thereafter and send copies of the report to the Service of Industry and Trade and the Service of Construction for cooperation purpose;

c) Before every March 15, the General Department of Geology and Minerals of Vietnam shall send a report of the previous year as prescribed at Point b, Clause 1 of this Article to the Ministry of Natural Resources and Environment which forward such report to the Prime Minister thereafter and send copies of the report to the Service of Industry and Trade, Service of Construction for cooperation purpose.

5. The Ministry of Natural Resources and Environment specifies forms of reports as prescribed in Clause 1, Clause 2 of this Article.

Article 8. Mine managers

1. A mine manager shall take responsibility for the administration of extraction in accordance with the mining license; initiate projects for investment and mine design approved in accordance with law on minerals; regulations on labor safety, environment protection in mineral extraction sector.

2. Upon an appointment of a mine manager, the mining entity shall notify a competent authority prescribed in Clause 4 of this Article of such appointment. The notification contains: The decision on appointment (except for the case that a mining person or the head of a licensed mining entity works as the mine manager as a part-time job); curriculum vitae of mine manager enclosed with originals of: Decision on appointment, curriculum vitae; copies of relevant professional degrees/certificates of mine manager.

3. Degrees of a mine manager prescribed in Point d, dd Clause 2 of Article 62 of the Law on Mineral include:

a) A bachelor's degree or equivalent in mine engineering and mine construction in terms of underground mining;

b) A bachelor's degree or equivalent in mine engineering, mine construction, and geotechnical engineering in terms of surface mining;

c) An associate's degree or equivalent in mine engineering, geotechnical engineering in terms of surface mining of nonmetallic minerals without using industrial explosives, or mineral as general building materials by manual methods.

4. The mining entity shall send a notification of appointment of mine manager prescribed in Clause 2 of this Article to General Department of Geology and Minerals of Vietnam in case of a mining license issued within competence of the Ministry of Natural Resources and Environment; or to the Service of Natural Resources and Environment in case of a mining license issued within competent of the People’s Committee of province.

Article 9. Owner’s equity of entities engaging in mineral operation

1. Regarding a newly-established enterprise, one of the following documents is required:

a) A record of capital contribution of founding shareholders in case of a joint-stock company, or of founding members in case of a multiple-member limited liability company; a company’s charter in case of a joint-stock company, a register of members in case of a multiple-member limited liability company;

b) A capital allocation decision of owner in case of a single-member limited liability company in which the owner is an organization.

2. Regarding an operating enterprise:

a) If the enterprise is established within 01 year up to the date on which an application for issuance of mineral exploration license or mining license, it is required to submit a copy of certificate of enterprise registration;

b) If the enterprise is established over 01 year up to the date on which an application for issuance of mineral exploration license or mining license, it is required to submit a copy of last annual financial statement.

3. Regarding a cooperatives or a union of cooperatives, one of the following documents are required:

a) Charter capital of cooperatives, union of cooperatives is total capital contributed or committed to contribute by members of cooperatives or union of cooperatives within a given time and specified in the charter of cooperatives, union of cooperatives as prescribed in the Law on Cooperatives;

b) Operating capital of cooperatives, union of cooperatives includes stakes of members of cooperatives, raised capital, accumulated capital, and funds of cooperatives, union of cooperatives; subsidies of the State, domestic and foreign entities; amounts given or donated and other legitimate revenues as prescribed.

Chapter II

PLANNING FOR GEOLOGICAL BASELINE SURVEYS OF MINERALS

Article 10. Making and submitting for approval of the planning of mineral

1. Responsibility for making and presenting a planning for minerals to the Prime Minister for approval is prescribed in clause 3, Article 10 of the Law on minerals 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 take charge of making the planning of exploration, extraction, 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, extraction, 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. 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.

Article 11. Planning for exploration, extraction and use of minerals in the centrally provinces and cities

1. Planning for exploration, extraction and use of minerals in the central provinces and cities as stipulated in Point d clause 1, 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 dump of mines subject to decision on mine closure.

2. The making of the planning for exploration, extraction and use of minerals in provinces and central-affiliated cities must ensure the following principles:

a) Consistent with the mineral strategy, mineral planning as stipulated at points a, b and c, clause 1, Article 10 of this Decree;

b) Consistent with the overall planning for socio-economic development of the province; land-use planning assessed and approved by competent authorities; guarantee of national defense and security in the administrative divisions;

c) Guarantee of the extraction and use of minerals rationally, economically and efficiently to serve the current needs in consideration of the scientific and technological development and mineral demand in the future;

d) Protection of the environment, natural landscape, cultural and historical monuments, famous landscape and other natural resources.

3. The basis for making the planning for exploration, extraction 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 a, b and c, clause 1, Article 10 of this Decree;

c) The mineral demand in the planning period;

d) Scientific and technological advances in mineral exploration and mining;

dd) Result of execution of the previous period planning.

4. Planning for exploration, extraction 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, extraction, process and use of minerals in the local area;

b) Evaluation of the implementation of the preceding period's master plan;

c) Determining the direction and objectives for exploration, extraction and use minerals in the planning period;

d) Restricted areas for mineral activities, temporarily restricted areas for mineral activities that are approved;

dd) Zoning in detail the mining areas, the kind of mineral need to be invested for exploration and extraction and the progress of exploration and extraction. The area for exploration and extraction 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, extraction capacity, conditions on the extraction technology;

g) The solution and progress for organizing the implementation of the planning.

Article 12. Requests for consultation and announcement of mineral master plans

1. Requests for consultation on mineral master plans shall be sent as follows:

a) Before presenting a planning to the Prime Minister for approval, the authority in charge shall send request for consultation to the agencies prescribed in Clause 1 Article 10 of this Decree and the following Ministries for consultation: the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Transport, the Ministry of Agriculture and Rural Development, the Ministry of Culture, Sports and Tourism, and the People’s Committee of province where mineral mines specified in the planning are located; publicly post planning presentation on the website of the authority in charge of planning for consultation with the people and enterprises at least 45 days before presenting it for approval;

b) Before presenting a planning to the People's Council for approval, the People's Committees of province shall send requests for consultation the following Ministries: The Ministry of Natural Resources and Environment, the Ministry of Industry and Trade, and the Ministry of Construction. If the minerals specified in a planning are located in at least two provinces, requests for consultation shall be sent to relevant People’s Committee of provinces.

2. Within the period of 45 days from the date on which a request for consultation is received, the recipient prescribed in Clause 1 of this Article must respond in writing. In a case where the recipient fails to respond in writing upon expiry of the aforesaid time limit, the authority in charge of planning shall present the planning to the Prime Minister or People's Council at the same administrative level for approval or ratification.

3. A request for consultation with respect to mineral planning includes:

a) A request form for consultation;

b) A description of draft planning;

c) Planning drawings and other relevant documents (if any).

4. Within 30 days from the date on which the mineral planning is approved, the authority in charge shall announce the planning in the following methods:

a) Publicly post the planning contents on the website of the Government, and the website of the authority in charge;

b) Hold a press conference at the headquarters of the authority in charge.

Article 13. Investment in the geological baseline survey of mineral with the capital of the entities

1. Entities are encouraged to invest in the geological baseline survey of mineral; except for the geological baseline survey of mineral of uranium, thorium.

In case of geological baseline survey of mineral in the area of national border belt, the Ministry of Natural Resources and Environment shall request the Prime Minister for consideration.

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 additional projects for geological baseline survey of mineral eligible for incentives to investment with the capital of the entities and submit such list to the Governmental Prime Minister for approval.

3. The entities participating in investing the basic geological survey of mineral (hereinafter referred to as investors) must meet the following conditions:

a) Meeting conditions as prescribed in clause 1, Article 34 and clause 1, Article 51 of the Mineral Law;

b) Having enough funds to execute the whole project of the geological baseline survey of mineral.

4. The Ministry of Natural Resources and Environment shall:

a) Zoning, announcing types of minerals, location, co-ordinates, and area specified in the project for geological baseline survey of mineral eligible for incentives to investment by capital of entities on the website of the Ministry according to the planning for geological baseline survey of mineral approved by the Prime Minister;

b) Assess and approve projects for investigation and evaluation of minerals eligible for incentives to investment;

c) Promulgate regulations on monitoring the process of implementation of the projects for geological baseline surveys of mineral;

d) Take charge and cooperate with the Ministry of Planning and Investment, Ministry of Finance in guidance on procedures for contributing and manage the investment capital of entities;

dd) Supervise the process of executing the project for geological baseline survey of mineral invested by entities.

Article 14. Investigation and evaluation of geological heritage and geo-parks and funding for geological baseline survey of mineral

1. Geological baseline survey of mineral shall be associated with investigation and evaluation of geological heritage and geo-parks. The Ministry of Natural Resources and Environment shall stipulate detailed investigation and evaluation of geological heritage and geo-parks.

2. The funding for basic geological surveys of mineral shall be financed as prescribed in clause 1, Article 21 of the Mineral Law and is added from the amount from the costs reimbursing of basic geological survey of mineral, costs of mineral exploration, charges for licensing the mineral extraction right and amounts of investment of entities as prescribed in Article 13 of this Decree.

3. Annually, pursuant to clause 2 of this Article, the Ministry of Finance will take charge and cooperate with the Ministry of Natural Resources and Environment in balancing the additional funding for the task of geological baseline surveys of mineral.

Chapter III

BENEFITS OF LOCALITIES AND INHABITANTS IN AREAS IN WHICH MINERALS ARE EXTRACTED; PROTECTION OF UNEXTRACTED MINERALS

Article 15. Benefits of localities in which minerals are extracted

1. According to annual actual revenues from mineral extraction, the People's Committee of province shall request People's Council at the same administrative level to ratify an expenditure estimate for the purpose of upgrade and renovation of work items for the locality where minerals are extracted prescribed in Clause 2 of this Article.

2. Any work item to be upgraded or renovated must meet the following conditions and criteria:

a) It is a road of district or commune directly affected by the transportation of tailings and extracted minerals;

b) It is a welfare work located in the administrative divisions of the district or commune where minerals are extracted, including: schools, health facilities, cultural houses, clean water supply system; environmental treatment works.

Article 16. Benefits of inhabitants in areas in which minerals are extracted

1. Assistance/aid provided for localities and inhabitants in areas where minerals are extracted prescribed in Clause 2 Article 5 of the Law on Mineral shall be directly taken charge by mining entities.

2. The mining entity shall notify the relevant People’s Committee of commune of content, quantity, plans of supported work items; and announce it to the neighborhood/village in order that inhabitants in the areas where minerals are located assign representatives to supervise the execution progress.

3. Expenditures on assistance/aid provided for localities and inhabitants where minerals are extracted shall be included in production costs.

Article 17. Responsibilities of People's Committees to protect unextracted minerals

1. Within the scope of its tasks and powers, a People's Committee shall:

a) Direct relevant People’s Committees of districts to make plans, assign the Service of Natural Resources and Environment to consolidate plans and make a plan for protection of unextracted minerals in the province and send it to the People’s Committee of district for approval according to the expenditure limits prescribed by the Ministry of Finance;

b) Direct People’s Committees of districts and communes; specialized agencies; cooperate with national defense and police authorities to prevent and clear mineral extraction without any license issued by a competent authority (hereinafter referred to as illegal mineral extraction) in the province;

c) Make a final report on protection of unextracted minerals in the province and include it in the annual report on state management of minerals;

d) The President of People’s Committee of province shall be held accountable to the Prime Minister upon the occurrence of illegal mineral extraction against which no action is taken or actions are not taken completely resulting in prolonged illegal mineral extraction.

2. The People's Committee of a district, town, or provincial city (hereinafter referred to as People's Committee of district) shall:

a) Take charge of propagation and initiation of the plan for protection of unextracted minerals in the district;

b) Direct relevant People's Committees of communes, wards and townships (hereinafter referred to as People's Committees of communes) to apply measures to protect unextracted minerals;

c) Carry out the clearance and prevention of illegal mineral extraction immediately upon any discovery or message of such occurrence in the district. The failure to prevent illegal mineral extraction shall be promptly reported to the People’s Committee of the province;

d) A report on protection of unextracted minerals in the district shall be sent to the People’s Committee of the province before every December 15;

dd) The President of People’s Committee of district shall be held accountable to the President of the People’s Committee of province upon the occurrence of illegal mineral extraction against which no action is taken or actions are not taken completely resulting in prolonged illegal mineral extraction.

3. The People’s Committee of commune shall:

a) Raise public awareness of law on minerals; mobilize local inhabitants not to exploit, buy, store, or transport minerals illegally, detect and denounce illegal mining entity; and implement the plan for unextracted minerals in the commune;

b) Detect and adopt solutions for prevention of illegal mineral extraction immediately upon discovery; request the People’s Committee of province or district to direct clearance of such illegal mineral extraction in the cases ultra vires;

c) Send biannual reports on protection of unextracted minerals in the commune to the People’s Committee of district.

Article 18. Main contents of plan for protection of unextracted minerals

A plan for protection of unextracted minerals prescribed in Point a, Clause 1, Article 17 of this Decree shall at least contain:

1. Reality of state management of minerals and mineral activities, including the protection of unextracted minerals in the administrative division at the time of making plan; shortcomings, limitations and reasons.

2. Statistics on quantity, area, co-ordinates of areas of operating mineral exploration, extraction of entities issued with licenses by competent authorities; closed mining areas, mine closure for protection purpose; waste dump of mines subject to closure decision.

Boundaries and areas of minerals that have been investigated and evaluated; national minerals reserves needs to be protected; prohibited areas of mineral activities, temporarily prohibited areas of mineral activities that are approved; areas of dispersed and small-scale minerals that are zoned and announced.

3. Update of information about planning for exploration, extraction, and use of minerals of the province that is amended; information about national planning for minerals that has been approved up to the time of making plan.

4. Regulations on responsibility of the Service of Natural Resources and Environment, the Service of Industry and Trade, the Service of Construction, the Service of Agriculture and Rural development, the Service of Transport, the Service of Culture, Sports and Tourism; military and police authorities in protection of unextracted minerals; the news agencies, press agencies, local television in posting information about state management of minerals and illegal extraction.

5. Regulations on responsibility of People’s Committees of districts and communes; actions against groups or individuals being heads of local government of districts or communes responsible for reoccurrence or prolonged occurrence of illegal mineral extraction, sale, and transportation in the administrative divisions without complete clearance; responsibility of heads of villages for prompt notification of occurrence of illegal mineral extraction in the administrative divisions to the local government of commune/district.

6. Regulations on responsibilities for cooperation between relevant Services and agencies; local government of districts/communes in providing and handling of information and clear illegal mineral extraction; responsibility of agencies receiving information; and processing mechanism of received information.

7. Plans and solutions for implementation; expenditure estimates.

Article 19. Requests for consultation with mineral authorities before submitting planning for socio-economic development for approval

Requests for consultation in writing with mineral authorities before submitting the planning prescribed in Clause 3 Article 17 of the Law on Mineral shall be made as follows:

1. An agency in charge of planning making shall send a request for consultation to the Ministry of Natural Resources and Environment, together with a description of planning and master drawing of the planning.

2. Within 20 days, from the date on which the request for consultation is received, the Ministry of Natural Resources and Environment shall take charge and cooperate with the People's Committee of province where the planning is made and relevant agencies in inspection and send back a written reply which specify the extent of mineral investigation and evaluation; the presence or absence of minerals; planning for exploration, extraction, and use of minerals that are approved in the planned area.

Article 20. Responsibility for protection of unextracted minerals of licensed mining entities

1. With a view to protect unextracted minerals and conduct mineral exploration and extraction in the licensed areas, the licensed mining entities shall demarcate corner points in the exploration and mining areas according to the co-ordinates specified in the mineral exploration license or mining license.

2. Demarcation of corner points in mineral operation areas:

a) According to demarcation of administrative division of communes with respect to solid mineral exploration and extraction,

b) With respect to extraction of sand, gravels in river bed, estuary, estuary, the demarcation shall be conducted in accordance with law on inland waterways or maritime. In case of failure to comply with afore-mentioned regulations the demarcation shall be conducted on river bank as prescribed in Point a of this Clause.

3. Upon the completion of demarcation prescribed in Clause 2 of this Article, the licensed mining entity shall send a notification to Service of Natural Resources and Environment; Service of Natural Resources and Environment shall take charge and cooperate with the People’s Committee of district or commune where the mineral is extracted in the handover of boundary markers on site. In case of mineral extraction subject to a license issued by the Ministry of Natural Resources and Environment, the presence of a representative of General Department of Geology and Minerals of Vietnam is required.

4. The licensed mining entity shall prevent illegal mineral extraction from happening in the licensed mining areas. Any occurrence of illegal mineral extraction outside the boundaries of licensed mining areas shall be reported to the People’s Committee of district or commune for handling.

5. The licensed mining entity must store and protect the mineral that has been extracted but not used, minerals in waste dump or minerals accompanied that have not recovered during the extraction process.

6. Before extracting minerals accompanied prescribed in Clause 2 Article 2 of this Decree, the mining entity must send a notification to the receiving authority prescribed in Clause 1, Clause 3 Article 47 of this Decree. Within 15 working days, the receiving authority must complete the verification visits on site, verification of relevant documents and request the authority competent to issue mining license to decide the extraction of minerals accompanied to enable the licensed mining entity to fulfill other obligations as prescribed.

Chapter IV

MINERAL AREAS AND MINERAL OPERATION

Section 1. MINERAL AREAS

Article 21. 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 thermal water) in accordance with Clause 1 Article 27 of the Law on Mineral shall be zoned to be the area having small-scale and dispersed minerals when meeting the following criteria:

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 independently with small-scale reserves or estimated resources; the minerals lie in the mineral exploitation area where there is a decision on mine closure as stipulated in clause 2, Article 73 of the Mineral Law or mining-expired areas that are licensed before the effective date of the Law on Mineral and the reserves and estimated resources are small-scale as stipulated in the Appendix promulgated with this Decree.

2. 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 of this Article.

3. Based on the reality at the locality and criteria prescribed in Clause 1 of this Article, the People’s Committee of province may propose the Ministry of Natural Resources and Environment to zone and announce that the area has small-scale and dispersed minerals. The Ministry of Natural Resources and Environment shall decide the evaluation of minerals in the areas which have been investigated and evaluated without estimated resource data.

Article 22. Zoning the area in which the mining right is not subject to auction

1. The zoning of area where the minerals exist and is the area in which the mining right is not subject to auction as stipulated in clause 1, Article 78 of the Mineral Law when it satisfy one of the following criteria:

a) The area having coal, uranium and thorium;

b) The area having limestone, clay stone 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; the area having mineral water, natural thermal water associated with investment projects using mineral water which are issued with investment certificates or decision on investment policies;

c) The mineral area located in the national border belt, the strategic area of the national defense;

d) The area that has the projects for work construction investment as stipulated at Clause 2, Article 64, Point b Clause 1 Article 65 of the Mineral Law;

dd) The mineral area that is used as the general constructional materials determined for exploitation to supply the raw material to serve the construction of works funded by State budget (development of traffic system; irrigation works, hydropower plants); facilities against natural disasters and hostility; the area having minerals used as fill materials for traffic system, irrigation works specified in a program for new rural construction;

e) 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;

g) The area of mineral activities to which the competent authority has granted the mining license, the mining license.

2. Pursuant to Clause 1 of this Article and competence to issue mineral operation licenses prescribed in Article 82 of the Law on Mineral, the Ministry of Natural Resources and Environment and Services of Natural Resources and Environment of provinces and central-affiliated cities that make zoning of area in which the mining right is not subject to auction shall submit it to competent authorities prescribed in Clause 3, Clause 4 Article 78 of the Law on mineral for approval. The Ministry of Natural Resources and Environment shall take charge and cooperate with the Ministry of Industry and Trade or the Ministry of Construction in determining a number of areas having resource findings using sources of funds of entities and other cases shall be subject the Prime Minister for decision.

3. Within 07 days from the date on which an approval for areas not eligible for auction of mining rights is granted, the Ministry of Natural Resources and Environment, People's Committees of provinces shall publicly post a list of areas not eligible for auction of mining rights on their websites.

Article 23. Consultation about zoning results of areas banned from mineral activities, areas temporarily banned from mineral operation

1. Before the zoning of areas banned from mineral activities, areas temporarily banned from mineral operation in a province is submitted to the Prime Minister for approval, the People’s Committee of province shall request for consultation to: the Ministry of Natural Resources and Environment, the Ministry of Construction, the Ministry of Industry and Trade, the Ministry of Industry and Trade, the Ministry of Public Security, the Ministry of Agriculture and Rural Development, the Ministry of Transport, the Ministry of Planning and Investment, the Ministry of Culture, Sports and Tourism, the Ministry of Information and Communications.

2. A request for consultation prescribed in Clause 1 of this Article includes:

a) An official dispatch of the People’s Committee of province;

b) A description containing at least: Legal bases and documents establishing the zoning; rules and methods of zoning; zoning results according to sectors and consolidated list of areas banned from mineral activities, areas temporarily banned from mineral activities. Each area must have a co-ordinate board of corner points according to VN-2000 coordinate system, except for areas banned from mineral activities, areas temporarily banned from mineral activities due to national defense and security reasons. A detailed appendix of information about each area in which areas banned from mineral activities and areas temporarily banned from mineral activities are zoned;

c) A map representing areas banned from mineral activities, areas temporarily banned from mineral activities on topography with coordinate system of VN-2000, 1/200.000 - 1/100.000, including corridors for the purposes of protecting the zoned areas (if any). Complicated areas shall be represented in drawing 1/25.000 - 1/10.000 or larger.

3. Within 30 working days from the date on which a request for consultation for zoning results in areas banned from mineral activities, areas temporarily banned from mineral activities is received, the recipient shall make a reply in writing in respect of contents related to its competence. Upon expiry of above-mentioned time limit, if the recipient fails to make a reply, it can be deemed acceptance.

Article 24. Approval for areas banned from mineral activities, areas temporarily banned from mineral activities

1. After completion according to consultation of Ministries prescribed in Clause 1 Article 23 of this Decree, the People’s Committee of province shall submit a request to the Prime Minister for approval for areas banned from mineral activities, areas temporarily banned from mineral activities to via General Department of Geology and Minerals of Vietnam.

2. A request for approval shall include:

a) A request of the People’s Committee of province to the Prime Minister;

b) A consolidated report on acceptance and explanation for Ministries’ consultation;

c) A description and drawings attached as prescribed in Point b, Point c Clause 2 Article 23 of this Decree.

3. Within 20 working days from the date on which a request is received as prescribed in Clause 2 hereof, General Department of Geology and Minerals of Vietnam shall complete the inspection and verification of documents, then request the Ministry of Natural Resources and Environment to send documents and draft decision on approval of the Prime Minister to the Prime Minister.

Section 2. MINERAL EXPLORATION

Article 25. Selecting applicants in order to grant the mineral exploration license in the area where the mining right is not subject to auction

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

1. In case of expiry of notice period as stipulated at point a, clause 1, Article 58 of this Decree and there is only one applicant for mining, such applicant is selected to be granted with a mineral exploration license.

2. In case of expiry of notice period as stipulated at point a, clause 1, Article 58 of this Decree and there are at least two applicants for mining, the applicant that meets at most the conditions in the following order of priority shall be selected to be granted with a mineral exploration license:

a) Being the entity that has contributed capital of the geological baseline survey of mineral in the area where the mineral exploration license is expected to be granted;

b) Having a minimum of charter capital equivalent to 50% of total estimates of the project for mineral exploration in the area for which the exploration is applied;

c) Being the entity that has used advanced and modern technology and equipment to obtain maximum recovery of minerals, has complied with responsibility for environment protection, financial obligations in terms of minerals;

d) Having a commitment to, upon the exploration results, extract and use the mineral to serve the domestic production needs in accordance with the mineral planning that has been approved.

3. In a case where all applicants for the mineral exploration license meet the conditions as stipulated in clause 2 of this Article, the applicant that submit the earliest application according to the time specified in the receipt note will be selected to be granted the mineral exploration license.

4. In case of mineral exploration in the areas with investment projects on construction of works as prescribed in Article 65 of the Law on Mineral, project owner shall be preferably selected to grant the mineral exploration license. If the project owner has no need to explore and extract minerals, the competent authority shall select proper mineral exploration entity to ensure the construction schedule.

Article 26. Conditions for the household business to explore the mineral for use as the general constructional materials

1. A business household prescribed in clause 2, Article 34 of the Mineral Law shall be issued with a license for exploration of minerals as building materials if it meets the following conditions:

a) It is selected by the People’s Committee of province as prescribed in the Article 25 of this Decree or having a contract with an organization that is qualified for the practice of mineral exploration as prescribed in clause 1, Article 35 of the Mineral Law in order to execute the exploration project;

b) Having a project for exploration of mineral as general building materials as prescribed in Clause 2 of this Article and appropriate to the planning of exploration, exploration and use of mineral of centrally province where minerals are located;

c) The area to be explored must not exceed 01 ha.

2. Technical aspects of the project for exploration of mineral as general building materials must satisfy requirements pertaining to: Deposit categories and exploration network; exploration techniques; quality research; deposit delineation as prescribed by the Ministry of Natural Resources and Environment.

3. The Ministry of Natural Resources and Environment shall provide guidelines for exploration of mineral as general building materials; management of sand and gravels in river bed.

Article 27. Transfer of the mineral exploration right

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

a) The transferee must meet all conditions as stipulated in clause 1, Article 34 of the Mineral Law; if not qualified for the practice of mineral exploration, it must have a contract concluded with the organization that is qualified for 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 transferor have fulfilled 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 transferor has submitted complete application for transferring the mineral exploration right to the receiving authority while 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 transferor and the transferee. 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 transfer value and the liability between the parties while performing the work and obligations after the transfer.

3. The time limit for processing the application for transfer of the mineral exploration right is within 45 days from the date on which the receiving authority has provided a receipt note.

If the application is rejected, the transferor entitled to keep its exploration according to the mineral exploration license or return it.

4. The transferor or transferee of the mineral exploration right must fulfill financial obligations upon any revenues arising as prescribed by the law.

Article 28. Further exploration for the purpose of upgrade of reserve categories in the mining area

1. When a licensed mining entity conducts further exploration for the purpose of upgrading mineral reserve category in the licensed extraction area to higher category or upgrading the mineral resource category to the mineral reserve category, it is not required to apply for a mineral exploration license.

2. Before conducting the upgrade of mineral reserves prescribed in Clause 1 hereof, the entity shall notify the competent authority that has issued such kind of mining license, enclosed with:

a) A plan for further exploration for upgrade which specifies purposes, quantity, method(s), and schedule;

b) A location map of construction work serving the further exploration for upgrade of reserves and enclosed quantity statistics.

3. Within 20 working days, from the date on which the notification and documents prescribed in Clause 2 of this Article are received, the competent authority that has issued the mining license shall make a reply. Upon the expiry of the above-mentioned time limit, if the competent authority fails to make a reply, the mining entity shall carry out further exploration for upgrade of reserves according to its prepared plan for further exploration for upgrade.

4. If the licensed mining entity is not being qualified for the practice of mineral exploration, it must conclude a contract with another entity meet all conditions as prescribed in clause 1, Article 35 of the Mineral Law to carry out work of further exploration.

5. When finishing the further exploration, the licensed mining entity shall submit the exploration results to the competent authority as prescribed in clause 1, Article 49 of the Mineral Law for approval.

Article 29. Renewal of mineral exploration License

1. Any applicant for renewal of mineral exploration License is considered for renewal when meeting the following conditions:

a) It has submitted sufficient application for the renewal of mineral exploration License to the receiving authority while 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 application, the volume of work items under the project for mineral exploration and the granted mineral exploration License has not been 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 application, the licensed exploration entity has fulfilled 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 application for renewal is being verified by the competent authority, the entity must suspend the exploration and must manage, protect exploration property and works and protect unextracted minerals until an acceptance or a refusal for the application is issued.

Article 30. Supervision of mineral exploration projects

1. Bases for supervision of a mineral exploration project:

a) Mineral exploration license; mineral exploration project to which the competent authority has issued a permit for assessment exploration;

b) Technical regulations and standards, economic and technical norms in the field of geology and mineral resources.

2. Rules for supervision of a mineral exploration project:

a) Ensuring scope and contents of supervision;

b) Not obstructing operation of mineral exploration entities;

c) Information serving supervision shall be provided sufficiently, promptly, accurately, truthfully and transparently;

d) The supervision and assessment shall be processed and stored adequately.

3. The supervision of an exploration project shall be conducted in direct or indirect form and with primary contents as follows:

a) Qualification, personnel, and equipment of construction units;

b) Procedures and schedule of work items in the mineral exploration project;

c) Procedures and quantity of work Items according to applicable technical regulations and standards and norms.

4. Work items in supervision of exploration project include:

a) Procedures for supervision on site;

b) Construction: pits, trenches, wells, ovens, drill;

c) Technology sampling; sampling in works; sample processing (for samples to be processed on site);

d) Remaining work items of the approved project not being entities subject to direct supervision.

5. Funding for supervision of exploration project is determined in the estimates of mineral exploration project. An amount of supervision expense equivalent to 20% of general expenses shall be determined according to direct expenditure estimates of work items.

6. The Ministry of Natural Resources and Environment shall provide guidelines for supervision of exploration project.

Article 31. Changes in exploration method and exploration volume

1. In case of any change in the exploration method or exploration volume with the cost of more than 10% of the estimated cost in the approved exploration project, the licensed exploration entity shall provide explanation for the change to the Service of Natural Resources and Environment where mineral exploration is carried out in case the mineral exploration License is under the competence of licensing from the People’s Committee of province; to 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. Within 20 working days from the date on which an explanation is received as prescribed in clause 1 of this Article, the Service of Natural Resources and Environment, the General Department of Geology and Minerals shall verify relevant documents, including on-site verification and request competent authority to grant the exploration License to approve the change of the exploration method or the exploration volume. Upon expiry of the above-mentioned time limit, if the competent authority fails to make a reply, it can be deemed acceptance.

Article 32. Surveying on scene and taking samples on the ground to select the area for making the project of mineral exploration

1. Any entity that wishes survey on-scene and sample taking to select the area for making the project of mineral exploration must submit an application attached to the program/plan for survey and taking sample to the People’s Committee of province where the estimated mineral exploration is conducted.

2. Terrestrial samples include pan-concentrate samples, metallic samples, lithological samples, mineralogical samples, channel samples taken at the outcrop, including channel samples in the outcrop, the projects of mineral survey and exploration which have been executed earlier (if any). The number of each type of sample does not exceed 50; 01 channel sample does not exceed 15 kg in weight (and stone slab sample does not exceed 0.4 m³ in volume). Time of sampling on the ground is not longer than 1 month.

3. Within 10 days from the day of receiving the application in writing from the entity mentioned in clause 1 of this Article, the People’s Committee of province shall has a written notice on the approval or refusal. In case of refusal, it must provide explanation in writing.

Section 3. EVALUATION AND APPROVAL OF MINERAL RESERVES

Article 33. 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 shall be established by the Prime Minister. The Council is composed of Chairman being the Minister of Natural Resources and Environment, 01 Vice Chairman being the Deputy Minister of Natural Resources and Environment; and members being representatives of: the Ministry of Industry and Trade, the Ministry of Construction, the Ministry of Planning and Investment; the Ministry of Science and Technology and other members proposed by the Minister of Natural Resources and Environment.

The Office of National Council for Evaluation of Mineral Reserves located at the Ministry of Natural Resources and Environment shall be the assisting agency of the National Council for Evaluation of Mineral Reserves. Functions, tasks, powers and organizational structure of the Office of National Council for Evaluation of Mineral Reserves shall be stipulated by the Chairman.

2. The National Council for Evaluation of Mineral Reserves is responsible for evaluating, approving or certifying mineral reserves and mineral resources in the findings of mineral exploration and findings of further exploration for upgrade of reserves; certifying mineral reserves permitted for mining design; requesting competent authorities to promulgate regulations on categorizing mineral reserves; and releasing statistics on mineral reserves approved within its competence.

3. The National Council for Evaluation of Mineral Reserves Office shall operate in meetings convened by the Chairman of the National Council for Evaluation of Mineral Reserves. The members of the National Council for Evaluation of Mineral Reserves work on a part-time basis and by the Regulations on the operation of the Council promulgated by the Chairman of the Council.

Article 34. Evaluation and approval of mineral reserves under the licensing competence of the People’s Committee of province

1. The People’s Committee of province shall:

a) Evaluate, approve, certify mineral reserves and mineral resources in the findings of mineral exploration within its competence;

b) Certify mineral reserves permitted for mining design within its licensing competence.

2. The Service of Natural Resources and Environment presides over and coordinates with the relevant regulatory agencies to evaluate the exploration findings and present the People’s Committee of province for approval of the reserves in the findings of mineral exploration; certify mineral reserves permitted for mining design within its licensing competence as prescribed in clause 1 of this Article.

3. In exceptional circumstances, the People’s Committee of province decides to establish the technical consulting council composed of some members who are representatives of the relevant regulatory agencies and some experts who have intensive profession in the field of mineral exploration in order to evaluate the findings of mineral exploration before submitting it for approval under the licensing competence.

Article 35. Contents of evaluation of the mineral exploration findings and approval of reserves in the mineral exploration findings

The contents of evaluation of the mineral exploration findings and approval of reserves in the mineral exploration findings of the National Council for Evaluation of Mineral Reserves Office:

1. The content of evaluation of the mineral exploration findings includes:

a) Legal basis, base for findings making;

b) The result of executing the volume of explored works; interpreting the target to calculate the mineral reserves; feasibility study of mineral extraction; delineation and calculation of mineral reserves;

c) The certainty about reserves, quality and technical nature of minerals;

d) The certainty about conditions of the hydro-geological, the geology of works relating to the feasibility of the mining;

dd) The certainty about geodesy documentation, geophysics related to the area and the calculation results of mineral reserves.

2. The content of reserves approval in the mineral exploration findings:

a) Name of the mineral; location, area, co-ordinates of exploration areas, areas in which mineral reserves are approved or certified;

b) Reserves and resources of main minerals; minerals and useful components accompanied (if any); certification of mineral reserves permitted for mining design;

c) The use scope of the exploration findings.

3. The Ministry of Natural Resources and Environment shall provide forms of mineral exploration findings; decisions on approval for mineral reserves in mineral exploration findings.

The Ministry of Finance shall provide guidelines for amounts, collection, payment, management and use of fees for evaluation of mineral reserves.

Section 4. MINING

Article 36. Conditions for household businesses licensed to extract minerals as building materials, and salvage mining

1. A household business as prescribed in clause 2, Article 51 of the Mineral Law shall be issued with a mining license in terms of mineral as general building materials or a salvage mining license if it meets the following conditions:

a) Having a technical- and economic-based mining report in the area whose reserves are explored and approved consistent with the planning of exploration, exploitation and use of mineral in the province where the minerals exist. The technical- and economic-based mining report must specify a plan to use specialized manpower with the appropriate equipment, technology and exploration method;

b) Having a plan for environment protection attached to an approval of competent authority in accordance with the regulations of the law on environmental protection;

c) The scale of mining capacity does not exceed 3,000 m3 of the crude mineral products per year.

2. The Ministry of Industry and Trade shall provide guidelines for technical- and economic-based mining report related to mineral as general building materials, salvage mining of household businesses.

Article 37. Transfer of the mining right

1. Conditions for transfer of the mining right:

a) The transferee is qualified as prescribed in clause 1, Article 51 and clause 2, Article 53 of the Law on mineral;

b) By the time of transfer, the licensed mining entity has finished works 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 Law on mineral;

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

d) The transferor has submitted sufficient application to the receiving authority when the mining license is still valid for at least 90 days.

2. The content of transfer of mining right is made by the contract between the transferor and the transferee 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 fulfillment of the transferor that make transfer by the time of signing the contract of transfer;

b) The responsibility of the transferee for the continuation of work performance, unfinished obligations of the transferor by the time of signing the transfer contract;

c) Other relevant rights and obligations of the transferor and the transferee as prescribed.

3. The time limit for processing the application for transfer of the mining right is within 45 days from the date on which the receiving authority has provided a receipt note.

In case the application for transfer is not approved by the licensing competent authority, the transferor is allowed to continue the performance of the mining license or return the mining license.

4. The transferor or transferee of the mining right must fulfill financial obligations upon any revenues arising as prescribed by the law.

Article 38. Validity period of mining licenses

1. The validity period of a mining license is a period of time specified in a mining project prescribed in Clause 2 hereof provided that it does not exceed the period prescribed in Clause 2 Article 54 of the Law on Mineral.

2. The mining period in a mining project includes: period of mine capital construction, including estimated period of compensation, clearance and land renting for mining; mining period according to design capacity; and period of dredging.

Article 39. Renewal of mining license, salvage mining license

1. A mining entity shall have its mining license or salvage mining license renewed if it meets the following conditions:

a) It has submitted sufficient application for the renewal of mining license or salvage mining license to the receiving authority while the mining license is still valid for at least 45 days and when the salvage mining license is still valid for at least 15 days with clear explanation for the renewal;

b) Having a report on mining performance from the issue date of license up to the time of renewal application, specifying that the mineral reserves in the mining area has not been extracted yet under the mining license;

c) By the time of renewal application; the licensed mining entity has fulfill obligations prescribed in Points a, c, d, dd, e and g Clause 2 Article 55 of the Law on Mineral with regard to the mineral extraction license; and Points c, d, dd, e, and g Clause 2 Article 55, Point a Clause 2 Article 69 of the Law on Mineral with regard to the salvage mining license;

d) It has completely fulfilled the obligations of the environmental protection, using land, water and technical infrastructure in the mineral operation in accordance with regulation of the law concerning mineral and the relevant law;

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

2. Renewal of mining license or salvage mining license is the renewal of the time for the right of mining performance on the basis of the remaining mineral reserves permitted by the renewal time without any change of capacity allowed.

If the mining entity wishes to increase the mining capacity, it must make a renovated or expanded investment project; send an environmental impact assessment report or environment protection plan, plan for environment renovation and remediation for approval as prescribed. When renewing the mining license, the mining area can be adjusted in accordance with the remaining mineral reserves, but not exceeding beyond the scope of mining area that is licensed earlier.

3. In case the mining license or salvage mining license has expired but the application for renewal is being verified by the competent authority, the mining entity must suspend the exploration and must manage, protect mining property and works, protect safety works, environment, and protect unextracted minerals until an acceptance or a refusal for the application is issued.

Article 40. Mineral reserves permitted for mining design

1. Mineral reserves in a mining project permitted for mining design prescribed in Article 52 of the Law on Mineral include the whole or a part of mineral reserves approved by competent authorities, not located in the areas banned or temporarily banned from mineral operation, in accordance with relevant mineral planning approved by the competent authority.

2. In a case where, due to consumption demand, mining time limit, and social factors, mineral reserves approved or licensed are not fully mobilized, at least 50% of total mineral reserves approved shall be specified in the mining design in terms of solid minerals, or at least 35% of total mineral reserves approved shall be specified in the mining design in terms of mineral water, natural thermal water with certification of the competent authority prescribed in Article 49 of the Law on Mineral.

Article 41. Documents and materials determining actual mining production

1. Depending on different types of groups of minerals, the actual mining production shall be determined according to one of documents or materials on technical or financials aspects prescribed in Clause 2, Clause 3 of this Article.

2. Documents and materials on technical aspects for the purpose of determining actual mining production include:

a) Logbook of quantity of crude minerals and tailings (if any), blasting technical instructions, delivery orders of industrial explosives;

b) Acceptance record of quantity of each mining stage, including: Soil preparation, loading, transport, rock waste;

c) Status maps, status drawings of cross-sections of mining areas;

d) Results of measurement and calculation of mineral losses and depletion.

3. Documents and materials on financial aspects for the purpose of determining actual mining production include:

a) Purchase invoices/delivery orders of materials provided for mining stages prescribed in Point b Clause 2 hereof;

b) Sale invoices/ delivery orders of crude minerals transported out of the mining areas;

c) Sale contract of crude minerals or minerals which have been beaten crushed, screened, washed; acceptance records of quantity; and finalization of sale contract of minerals.

Article 42. Determining actual mining production

1. According to those documents and materials prescribed in Clause 2, Clause 3 Article 41 of this Decree, the actual mining production is the total of:

a) Crude minerals that have been consumed; those that have been beaten, crushed, screened and other activities for the purpose of enriching minerals;

b) Crude minerals that have been stored in warehouses but not consumed or transported out of the mining areas.

2. The mining entity, other than household business shall install a weighting terminal at the location where crude minerals are transported out of the mining areas; install surveillance cameras at warehouses to store relevant information.

3. Monthly, the mining entity shall release statistics, calculate and update figures in documents prescribed in Article 41 hereof to make a declaration of production subject to royalty resources and annual mining production in periodical mining reports and send them to the tax authority in accordance with regulations of law on taxation.

4. The Ministry of Natural Resources and Environment shall provide guidelines for procedures, methods of determination and forms of statistics on actual mining production.

Article 43. Management, storage and use of figures of mining production

1. Each mining entity shall maintain the documents prescribed in Article 41 hereof from the stage of mine capital construction to the mining termination and mine closure, and take legal responsibility and be held accountable to mineral authorities for the accuracy of those documents.

In a case where the mining entity fails to prepare documents, or prepare inadequate documents, or prepare documents without sufficient storage, or inaccurate figures or information resulting in losses of government budget, it shall have liability as prescribed by law.

2. Original documents determining actual mining production shall be kept at the mining areas and their duplicate shall be kept at the premises of the mining entity.

3. Time limit for archives of the documents prescribed in Clause 2, Clause 3 Article 41 hereof shall be consistent with regulations of law on archives. With regard to documents used to determine annual mining production, digital data shall be maintained until the mining termination or mine closure.

4. Upon request of a competent authority or an inspectorate established by the competent authority, the mining entity shall provide sufficient documents and materials specified in Clause 2, Clause 3 Article 41 hereof. In case of insufficient documents or false declaration, the mining entity shall have liability as prescribed by law.

Section 5. AMENDMENTS TO PLAN FOR ENVIRONMENT IMPROVEMENT AND REMEDIATION; MINE CLOSURE

Article 44. Amendments to plan for environment improvement and remediation

1. Any amendment of quantity, estimates and total deposit on environment improvement and remediation in a plan for environment improvement and remediation which is approved shall be carried out in the following cases:

a) Any change in quantity of work items or occurrence of new work items resulting in an increase in estimate of environment improvement and remediation works of more than 15% of total estimate of the approved plan for environment improvement and remediation, after the mining design is approved;

b) An increase in actual quantity of work items resulting in an increase of more than 10%in estimate of each work item in the approved plan for environment improvement and remediation.

2. Before the environment improvement and remediation is initiated on the areas whose reserves are fully extracted, the mining entity shall notify the receiving authority in writing as prescribed in Clause 1, Clause 3 Article 47 hereof. Within 15 working days, the receiving authority must complete the verification visits on site, verification of relevant documents and request the authority that has issued its mining license to make a reply to the mining entity.

If the mining entity wishes to close mines so as to return the areas whose reserves are fully extracted, it shall make a project for mine closure and request the authority that has issued its mining license for approving such closure, and notify the competent authority of amendments to the plan for environment improvement and remediation.

Article 45. Evaluating the project of mine closure

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

2. The evaluation of a project of mine closure shall be passed by an evaluation council established by the Ministry of Natural Resources and Environment or the People’s Committee of province where the mine is located. The Ministry of Natural Resources and Environment stipulates the operation regulation of the Council for evaluation of the project of mine closure.

Time limit for evaluation of the project of mine closure may not exceed 60 days from the day on which the satisfactory application is received.

3. The evaluation content of the project of the mine closure consists of:

a) Reason for closing the mine;

b) The real state, quantity, volume and safety degree of the mining works, auxiliary works serving mining; environment protection works, environment improvement and remediation works, including the waste dumps of mine by the time of closure;

c) The actual quantity of mineral that have been extracted, the remaining mineral reserves in licensed mining areas in comparison with the permitted reserves specified in the mining license by the time of closure;

d) Volume of work and method of closing the mine, the measurement of protecting mineral not yet been extracted; the solutions to ensure the safety for the exploitation work site after the closure and auxiliary works; quantity of environment improvement and remediation works; time reserved for stability and safety of waste dumps; relevant measures for soil and environmental restoration during the execution process of project of mine closure and direction of land use after mine closure.

dd) The volume and progress of work performance of the project and the time for the completion of work items in the project of mine closure.

4. The Ministry of Finance shall stipulate amounts, management, and use of fees for evaluation of project of mine closure, acceptance of project of mine closure.

Article 46. Execution and acceptance of project of mine closure

1. Upon expiry of the mining license or returning of the mining license or a part of mining areas, the mining entity shall make a project of mine closure and submit it to the competent authority for approval and execution.

2. In a case where the mining entity is dissolved, goes bankrupt, competent licensing authority shall select an entity capable of making and executing a project of mine closure through bidding. In case of failure to select such an entity through bidding, the competent licensing authority shall designate an entity to execute the project.

If a project of mine closure has been approved and the mining entity has mobilized fully available capital, equipment and technology, but it fails to execute or execute incompletely work items in the project of mine closure, the authority that has approved the project shall select the entity according to aforesaid method.

3. Funds for executing mine closure project prescribed in Clause 2 hereof shall be financed the amount of deposits on environment improvement and remediation made by the licensed mining entity up to the time of making project of mine closure. In case of insufficient funds for the estimate, the People’s Committee of province where minerals are located shall make amendments to expenditure estimate and submit it to People's Council at the same administrative level for ratification.

4. The performance of project of mine closure shall be accepted by the receiving authority as prescribed in Clause 1, Clause 3 Article 47 hereof before it is forwarded to the licensing authority for decision on mine closure as prescribed by the Ministry of Natural Resources and Environment.

The refund of total deposits on environmental remediation shall be verified when the performance of project of mine closure is considered acceptance.

Chapter V

PROCEDURES FOR ISSUANCE OF MINERAL OPERATION LICENSES, APPROVAL FOR MINERAL RESERVES AND MINE CLOSURE

Section 1. RECEIVING AUTHORITY, FORM OF RECEIVING AND GIVING PROCESSING RESULTS

Article 47. Receiving authorities of applications for mineral operation licenses, applications for approval for mineral reserves, applications for mine closure

Receiving authorities of applications for mineral operation licenses, applications for approval for mineral reserves, applications for mine closure:

1. The General Department of Geology and Minerals is the receiving authority of applications for mineral operation licenses, applications for mine closure under competence of licensing of the Ministry of Natural Resources and Environment.

2. The Office of National Council for Evaluation of Mineral Reserves is the receiving authority of applications for approving and certifying the mineral reserves in the exploration findings under the competence of licensing of the Ministry of Natural Resources and Environment.

3. The Department of Natural Resources and Environment is the receiving authority of applications for mineral operation licenses, application for registration of mining areas and quantity in terms of mineral as general building materials in construction areas of projects, including application for registration of quantity of sand and gravels recovered from project of dredging, widening of canals; applications for approving and certifying mineral reserves in exploration findings; applications for mine closure within the competence of licensing of the People's Committee of province.

Article 48. Form of receiving and returning the result of applications for mineral operation licenses, applications for approval for mineral reserves, application for mine closure

1. An application for mineral operation license or an application for mine closure shall be directly submitted or sent by post to the receiving authority as prescribed in clause 1 and clause 3, Article 47 of this Decree or via online public services.

An application for approval for mineral reserves shall directly submitted to the receiving authority as prescribed in clause 2 and clause 3, Article 47 of this Decree.

2. The processing time prescribed in clause 2, Article 48, clause 2, Article 50, clause 2, Article 60 and clause 2, Article 71 of the Law on mineral shall begin from the date on which the receiving authority provides a receipt note.

3. The processing results shall be given as follows:

a) The processing results related to an application for mineral operation license, including an application for registration of mining areas and quantity in terms of mineral as general building materials in construction areas of projects, application for registration of quantity of sand and gravels recovered from project of dredging, widening of canals shall be directly given at the premises of the receiving authority;

b) The processing results related to an application for approving and certifying mineral reserves in exploration findings; an application for mine closure shall be directly given at the premises of the receiving authority or by post.

Section 2. FORMS OF DOCUMENTS IN APPLICATIONS

Article 49. Application for issuance, renewal, returning of license, returning of one part of mineral exploration area, transfer of mineral exploration right

1. The documents in the application for mineral exploration license as prescribed in clause 1 Article 47 of the Law on mineral is made in 01 set in the form as follows:

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

b) Certified true copy or the copy enclosed with original for collation of: business registration certificate or certificate of enterprise registration; decision on establishing representative office, branch in Vietnam in case of foreign enterprises; plan for environment protection approved by the competent authority in 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; documents establishing owner’s equity as prescribed at Article 9 hereof.

In case of an application for exploration of radioactive ores, an evaluation of safety issued by the Department of radiation and nuclear safety affiliated to the Ministry of Science and Technology is also required.

2. Documents in the application for the renewal of mineral exploration license as prescribed in clause 2 Article 47 of the Law on mineral is made in 01 set in the form as follows:

a) The original: Application form for renewal of mineral exploration license; exploration findings performed to the time of the renewal application and the plan for the next mineral exploration; the map of mineral exploration area (after returning 30% of exploration area earlier);

b) The original, certified true copy or the copy enclosed with original for collation of: the documents of the obligation fulfillment relating to the exploration activities by the time of the application for the renewal of mineral exploration license.

3. Documents in the application for returning the mineral exploration license or returning one part of mineral exploration area as prescribed in clause 3, Article 47 of the Law on mineral is made in 01 set in the form as follows:

a) The original: Application form for returning the mineral exploration license or returning one part of mineral exploration area; the mineral exploration license; exploration findings 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, certified true copy or the copy enclosed with original for collation of: the documents of the obligation performance relating to the exploration activities by the time of the returning proposal.

4. The document in the application for transferring the mineral exploration right as prescribed in clause 4, Article 47 of the Law on mineral is made in c in the form as follows:

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

b) The original, certified true copy or the copy enclosed with original for collation of business registration certificate or enterprise registration certificate of the transferee of mineral exploration right; documents establishing the obligation fulfillment of transferor as prescribed in Points b, c, d and e Clause 2 Article 42; Clause 3 Article 43 of the Law on Mineral;

Article 50. Application for approval of the mineral reserves

Documents in an application for approval of the mineral reserves as prescribed in clause 1 Article 50 of the Law on mineral is made in 01 set in the form as follows:

1. The original: Application form for approval of mineral reserves; exploration findings or exploration findings for upgrade of mineral reserve category, the appendices, drawing and the concerned original documents; appendix of interpreting the temporary target of mineral reserves calculation; the acceptance certificate of volume and quality of the mineral exploration works already built; report on supervision of mineral exploration project.

2. The original, certified true copy or the copy enclosed with original for collation of: Evaluated mineral exploration project and mineral exploration license; mining license in case of further exploration for upgrade of reserve category in the licensed mining area.

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

Article 51. Application for issuance, renewal or returning of mining licenses, returning of part of the mining area, or transfer of the mining right

1. Documents in an application for mining licenses prescribed in clause 1, Article 59 of the Law on mineral is made into 01 set in the form as follows:

a) The original: Application form for granting the mining license; map of mining area; project of mining investment attached to the approval decision;

b) The certified true copy or the copy enclosed with original for collation of: business registration certificate or enterprise registration certificate; decision on the mineral reserves approval of the competent authority; document certifying auction winning in case of auctioning the mining right in the area where exploration results are given; report on environmental impact assessment attached to the decision on approval of the competent authority; decision on investment policies (for domestic investors), investment registration or certificate of investment registration (for enterprises involving foreign elements); document establishing the equity capital as prescribed at Article 9 hereof.

In case of an application for mining of radioactive ores, an evaluation of safety issued by the Department of radiation and nuclear safety affiliated to the Ministry of Science and Technology is also required.

2. Documents in an application for the renewal of mining license as prescribed in clause 2 Article 59 of the Law on mineral is made in 01 set in the form as follows:

a) The original: Application form for the renewal of mining license; the map of the mining status at the point of time of the renewal; report of mining performance by the time of the renewal application;

b) The original, certified true copy or the copy enclosed with original for collation of: 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 Law on mineral by the time of the renewal proposal.

3. Documents in an application for returning the mining license or one part of surface of the mining area as prescribed in clause 3 Article 59 of the Law on mineral is made into 01 set in the form as follows:

a) The original: Application form for returning the mining license or one part of the mining area; the map of the mining status at the point of time of the returning proposal; the mining license, report of mining result by the time of returning proposal; the project of closing the mine or project of closing a part of mining areas, in case of returning a part of mining areas;

b) The original, certified true copy or the copy enclosed with original for collation of: 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 Law on mineral by the time of returning application.

4. Documents of an application for the mining right transfer as prescribed in clause 4, Article 59 of the Law on mineral, including the case that the licensed mining entity transfers its mining right to its affiliate(s) whose 100% of capital is held by such entity is made into 01 set in the form as follows:

a) The original: Application form for transfer of mining right; contract for transfer of mining 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 mining result to the time of the transfer proposal of the mining right;

b) The original, certified true copy or the copy enclosed with original for collation of: 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 Law on mineral by the time of transfer;

c) The certified true copy or the copy enclosed with original for collation of: certificate of business registration or enterprise registration certificate (for the transferee), investment registration or certificate of investment registration (for the transferee being an enterprise involving foreign elements).

Article 52. Applications for issuance, renewal or returning of salvage mining licenses

1. Documents in an application for granting a salvage mining license as prescribed in clause 1, Article 70 of the Law on mineral is made into 01 set in the form as follows:

a) The original: Application from for granting the salvage mining license; map of mineral salvage mining area; project of mining investment attached the approval decision;

b) The original, certified true copy or the copy enclosed with original for collation of: report on environmental impact assessment attached to the approval decision or the plan for environment protection together with the confirmation of the competent authority; certificate of business registration.

2. Documents in an application for renewal of salvage mining license as prescribed in clause 2 Article 70 of the Law on mineral is made into 01 set in the form as follows:

a) The original: Application form for renewal of salvage mining license; report on mineral salvage mining result by the time of the renewal application;

b) The original, certified true copy or the copy enclosed with original for collation of: The documents demonstrating the complete performance of obligations as prescribed at clause 2, Article 69 of the Law on mineral by the time of the renewal application.

3. Documents in an application for returning salvage mining license as prescribed in clause 3, Article 70 of the Law on mineral is made into 01 set in the form as follows:

a) The original: Application form for returning the salvage mining license; salvage mining license; report on mineral salvage mining result by the time returning the license; the project of mine closure;

b) The original, certified true copy or the copy enclosed with original for collation of: The documents demonstrating the complete fulfillment of obligations as prescribed at clause 2, Article 69 of the Law on mineral by the time of the returning application.

Article 53. Application for registration of mining areas, capacity, quantity, methods, equipment and plan related to minerals as building materials in the project construction’s area

1. Composition and forms of documents in an application for registration of mining areas, capacity, methods, equipment and plan related to minerals as building materials in the project construction’s area prescribed in Point a Clause 2 Article 64 of the Law on Mineral include:

a) The original: A registration form of mining area, capacity, quantity, methods, equipment and plan

b) The original, certified true copy or the copy enclosed with original for collation of: Master plan drawings of the project construction’s area and decision on approval for the project issued by the competent authority; report on environmental impact assessment of the project approved by the competent authority.

2. In case of registration of sand volume recovered from the project of dredging and widening of canals, the application includes:

a) The original: An application form for recovery of sand, gravels, attached with drawings of location, scope of the project of dredging and widening of canals; a registration of quantity, plan, methods, and equipment used for recovering sand and gravels;

b) The original, certified true copy or the copy enclosed with original for collation of: Plan and schedule for executing the project of dredging and widening of canals and decision on approval for the project of the competent authority; a report on environmental impact assessment approved by the competent authority; a sand storage lease (if any).

Article 54. Application for mining in areas with construction projects

Composition and forms of documents in an application for mining license in areas with construction project prescribed in Clause 2 Article 65 of the Law on Mineral include:

1. The original: An application form for mining license; a map of mining areas which specifies scope, area of the construction project; a plan for mining in the project’s area enclosed with a plan for environment improvement and remediation approved by the competent authority;

2. The original, certified true copy or the copy enclosed with original for collation of: An enterprise registration certificate, a decision on investment policies regarding the construction project (if any); approval for construction project of competent authority; a master plan map of the construction project’s area approved by the competent authority; an approval for mineral reserves located in the construction project’s area issued by the competent authority (if any); a report on environmental impact assessment or a plan for environment protection of the construction project enclosed with an approval of competent authority.

Article 55. Applications for amendments to mining licenses

1. A mining license shall be amended in the following cases:

a) The mineral reserves determined by further exploration for upgrade of mineral category in the mining area approved by the competent authority exceed the certainty of the equivalent reserves that are approved earlier;

b) Mining capacity is proposed to increase by more than 15% of the mining capacity specified in the mining license;

c) The mining entity changes its name;

d) Mining methods or technology, permitted reserves for mining design specified in the project of mine design are changed.

2. Composition and forms of documents in an application for amendments to mining license include:

a) The original: An application form for amendments to the mining license; the project amended according to new approved reserves or amended capacity, mining methods or technology enclosed with an approval thereof; a report on environment impact/environment protection plan enclosed with an approval thereof; a report on mining performance, fulfilled obligations up to the time of applying for amendments and other approvals for amendments;

b) The original, certified true copy or the copy enclosed with original for collation of: Description and enclosed drawings and an approval for results of further exploration for upgrading reserve category of competent authority; documents in connection with change of name, organizational structure prescribed in Point c Clause 1 hereof.

3. The competent authority which issues a mining license shall also be the competent authority to issue a decision on amendments to such mining license. A decision on amendments to a mining license shall be an integral legal document to such mining license.

Article 56. Application for approving mine closure project

1. Documents of an application for approving mine closure project prescribed in Article 73 of the Law on mineral include:

a) An application form for approving of mine closure project;

b) Mine closure project;

c) The status map of the mineral mine closing area;

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

2. Documents in an application for approving mine closure project prescribed in clause 1 of this Article is made in 01 set in the form as follows:

a) The original: An application form for approving project of mine closure; project of mine closure; status map of the mine closing area by the time of applying for mine closure; report on implementation of plan for environment improvement and remediation at the time of mine closure;

b) The original, certified true copy or the copy enclosed with original for collation of: a mining license; a plan for environment improvement and remediation and an approval thereof and 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 application.

Article 57. Form of documents in application for mineral operation licenses, application for approval of the mineral reserves, application for mine closure

1. Documents in an application for mineral operation license; registration of mining area, capacity, quantity, methods, equipment and plan related to mineral as general building materials in the construction project’s area; registration of volume of sand and gravels recovered during the execution process of project of dredging and widening of canals; an application for approving mineral reserves, an application for mine closure; the forms of: A mineral exploration license, a mining license, exploration findings, a certification of registering mining related to mineral as general building materials in the construction project’s area; certification of volume of sand and gravels recovered during the execution process of project of dredging and widening of canals, a certification of mineral reserves; an approval for project of mine closure and a decision on mine closure that is made using single forms nationwide.

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

Section 3. PROCEDURES

Article 58. Procedures for issuance of mining licenses

1. An application for mining license in an area with no auction of the mining right is received as follows:

a) When receiving an application from the first applicant having need of mineral exploration, the receiving authority will publicly announce the name of such applicant, name of the kind of mineral and location of area suggesting the mineral exploration at its head office and on the website of the licensing competent authority and national bidding network, the Vietnam Public Procurement Review Journal.

The time for receiving and announcing on applications of other applicants is 30 days, from the day on which the application of the first applicant is received;

b) Upon expiry of the time limit prescribed in point a of this clause, the receiving authority does not receive any application and select an applicant to be issued with a mineral exploration license as prescribed in clause 2, Article 25 of this Decree.

The time for selecting applicant to be issued with the mineral exploration license is 05 working days, from the expiry day of notice as prescribed at point a of this clause;

c) Upon expiry of the time limit regulated at the point b of this clause, if an application is selected, the receiving authority shall provide a receipt notice and publicly announces the name of the selected applicant at its head office on the website of the competent authority to grant license.

For the applicants whose applications are not selected, the receiving authority shall notify them of the refusal and provide explanation in writing.

2. An application for mineral exploration of an applicant that wins the auction of the mining right in the area where the mineral has not been explored shall be received as follows:

a) The applicant that win the auction of the mining right submit an application for the mineral exploration to the receiving authority;

b) Within 05 working days, the receiving authority shall verify the documents in the application. In case the documents meet the conditions in the clause 1, Article 47 of the Law on mineral and the clause 1, Article 49 of this Decree, the receiving authority shall provide a receipt note.

3. In a case where the application for the mineral exploration is not sufficient or it is sufficient but its documents are not consistent with regulations of law, the receiving authority shall provide guidelines in writing for the applicant for the purpose of amending and completing the application. The guidance and request for amendments and completion of application from the receiving authority is made only one time.

4. Verification of application for the mineral exploration

Within 55 days, from the day on which a receipt note is provided, the receiving authority is responsible 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 agencies concerning the area proposed for mineral exploration in case prescribed in clause 3, Article 48 of the Law on mineral.

Within 20 days from the day receiving the request for consultation from the receiving authority, the consulted agency is responsible for replying in writing the concerned problems. After the above-mentioned time limit, no reply from the consulted agency can be deemed acceptance;

c) Verify the project of the mineral exploration before submission for granting the mineral exploration license by the procedure prescribed in the Article 59 of this Decree.

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

a) Within 21 days from the day of completing the tasks as prescribed in clause 4 of this Article, the receiving authority is responsible for completing and submitting the application for the exploration license to the competent authority to grant the license;

b) Within 07 working days from the day of receiving the application from the receiving authority, the competent authority will decide to grant or not grant the mineral exploration license. If the application is rejected, it must provide explanation in writing.

6. Giving processing results of application for mineral exploration license

Within 07 days from the day of receiving the application from the licensing competent authority, the application receiving organ will notify the organizations and individuals that propose to be granted the mining License in order to receive the result and carry out the relevant obligations as prescribed.

Article 59. Assessment procedure for mineral exploration project

1. The assessment procedure for a mineral exploration project under licensing competence of the Ministry of Natural Resources and Environment is made within the time limit prescribed in Clause 4 Article 58 hereof, in particular:

a) Within 35 days from the day on which the receipt note is provided, the receiving authority will send the project of exploration for consultation with some experts of specialized field. The time for reply from the experts will not exceed 10 working days from the time receiving the request for consultation from the receiving authority;

b) Within 05 working days from the day of receiving the replies from the experts, the receiving authority is responsible for consolidating all replies and enclosing with the application for the mineral exploration to the Chairman of the Council for assessment of the mineral exploration project as prescribed in clause 3 of this Article (hereafter called the Council of assessment);

c) Within 10 days, from the day of receiving the application for the mineral exploration, together with the consultation of the experts prescribed in Point b hereof, the Chairman of the assessment council will decide to convene a meeting of the Council of assessment.

d) Within 05 working days from the closing day of the meeting, the receiving authority must complete the minutes of meeting of the assessment council. In a case where the project needs to be amended or the project must be made again, the receiving authority will send a written notice clearly stating the reason for the disapproval of the project or the contents that need amending the project attached to the minutes of meeting of the assessment council.

The time in which the applicant for exploration license amends or re-makes the project of mineral exploration will not be included in the period of the mineral exploration project assessment.

2. The assessment procedure for a mineral exploration project under licensing competence of the People’s Committee of province is made within the time limit prescribed in Clause 4 Article 58 hereof, in particular:

a) Within 40 days from the day on which the receipt note is provided, the receiving authority will send the project of exploration for consultation with some experts of specialized field and the organization in charge of assessment of mineral exploration project. The time for reply from the experts will not exceed 10 working days from the time receiving the request for consultation from the receiving authority.

In case of complicated mineral exploration project, the receiving authority shall request the People’s Committee of province to establish a technical council for assessment of the project. The time in which the technical council is established and convened shall be included in the time limit for assessment of the mineral exploration project;

b) Within 05 working days from the day receiving the replies of the experts, the receiving authority is responsible for consolidating all consultation and enclosing with the application for the mineral exploration to the People’s Committee of province;

c) Within 10 days from the day of receiving the application for the mineral exploration attached to the consultation of the experts, the People’s Committee of province will consider approving the project of mineral exploration in order to grant license or establish the assessment council in the necessary cases.

In case of amending the project of mineral exploration based on consultation of the People’s Committee of province or of the assessment council, the receiving authority will send written notice clearly stating the reason of disapproval of the project or of the contents that need to amended the project of mineral exploration.

The time in which the applicant for exploration license amends or re-makes the project of mineral exploration will not be included in the period of the mineral exploration project assessment.

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

Article 60. Procedures for issuance of mining licenses

1. Applications shall be received as follows:

a) An applicant for a mining license shall submit an application to the receiving authority;

b) Within 05 working days, the receiving authority shall verify the documents in the application. In case of documents are satisfied with regulations prescribed in clause 1, Article 59 of the Law on mineral and clause 1, Article 51 of this Decree, the receiving authority shall provide a receipt note. In case the application for the mining license has not complete documents as prescribed or has enough but the content of the documents in the application is not consistent with regulations of law, the receiving authority makes guidelines in writing for the applicant to amend and complete the application. The guidance, request of supplement and completion of application from the receiving authority is made only one time.

2. Verification of application for mining license:

a) Within 25 days from the day on which a receipt note is provided, the receiving authority is responsible for checking the coordinates, the area that proposed for mining and on-site verification;

b) Within 06 days from the day of completing the tasks as prescribed at point a of this clause, the receiving authority will send requests for consultation to the relevant agencies concerning the grant of the mining license in accordance with the regulation at point c, clause 2, Article 60 of the Law on mineral.

Within 20 days from the day on which the request for consultation is received, the consulted agency is responsible for replying in writing the concerned problems. After the above-mentioned time limit, no reply from the consulted agency can be deemed acceptance. The time of consultation shall be not being included in the assessment period;

c) Within 40 days, the receiving authority must complete the verification of the documents and other content relating to the mining and specify the charge for granting the mining right.

3. The submission for application of granting the mining license is made as follows:

a) Within 05 days from the day of completing the tasks as prescribed in clause 2 of this Article, the receiving authority is responsible for completing and submitting the application for the exploration license to the competent authority to grant the license;

b) Within 07 working days from the day of receiving the application from the receiving authority, the competent authority that has the licensing competence will decide on the approval or disapproval of granting the mining License. In case of disapproval, it must provide explanation in writing.

4. Notifying and giving processing results of the application for the mining license

Within 07 days from the day of receiving the application from the licensing competent authority, the receiving authority will notify the applicant for mining license of receiving processing results and fulfill the relevant obligations as prescribed. The above-mentioned time limit shall exclude the period of time in which the mining entity has paid the charge for initial mining right.

Article 61. Procedures for amendments to mining licenses

1. Applications shall be received as follows:

a) The mining entity shall submit an application for amendments to the mining license with the equivalent type of mineral to the receiving authority;

b) Within 05 working days, the receiving authority shall verify the documents in the application. In case where documents are satisfied with regulations prescribed in clause 2, Article 55 of this Decree, the receiving authority shall provide a receipt note. In case the application for the mining license has not complete documents as prescribed or has enough but the content of the documents in the application is not consistent with regulations of law, the receiving authority makes guidelines in writing for the applicant to amend and complete the application. The guidance, request of supplement and completion of application is made only one time.

2. Verification of applications for amendments to mining licenses:

a) Within 20 days from the day on which a receipt note is received, the receiving authority is responsible for completing the verification of documents in the application, including on-site verification;

b) In case of any amendment to the mining license due to the change of licensed mineral reserves resulting in adjusting the charge for granting mineral extraction right, the period of time in which such task is completed shall not be included in the processing time.

3. The submission for application for amendments to mining license is made as follows:

a) Within 05 days from the day of completing the tasks as prescribed in clause 2 of this Article, the receiving authority is responsible for completing and submitting the application for the exploration license to the competent authority to grant the license;

b) Within 07 working days from the day of receiving the application from the receiving authority, the licensing competent authority will decide on the approval or disapproval of granting the mining license. In case of disapproval, it must provide explanation in writing.

4. Notifying and giving processing results of the application for amendments to mining license

Within 03 days from the day of receiving the application from the licensing competent authority, the receiving authority will notify the applicant for mining license of receiving processing results and fulfill the relevant obligations as prescribed.

Article 62. Application for registration of mining areas, capacity, methods, equipment and plan related to minerals as building materials in the construction project’s area

1. Applications shall be received as follows:

a) An applicant for registration shall submit an application to receiving authority;

b) Within 05 working days, the receiving authority shall verify the documents in the application. In case where documents are satisfied with regulations prescribed in Article 53 of this Decree, the receiving authority shall provide a receipt note. In case the application for the mining license has not complete documents as prescribed or has enough but the content of the documents in the application is not consistent with regulations of law, the receiving authority makes guidelines in writing for the applicant to amend and complete the application. The guidance, request of supplement and completion of application from the receiving authority is made only one time.

2. The verification of the application is made as follows:

a) Within 10 days from the day on which a receipt note is provided, the receiving authority is responsible for checking the coordinates, the area that proposed for mining and on-site verification;

b) Within 25 days, the receiving authority must complete the verification of the documents and other content relating to the mining and specify the charge for granting the mining right.

3. The submission for application for mining registration is made as follows:

a) Within 05 days, from the date on which the tasks prescribed in Clause 2 hereof are completed, the receiving authority shall complete and submit the application for mining registration to People's Committee of province where the construction project or project of dredging and widening of canals is located;

b) Within 07 days, from the date on which the application is received, the People’s Committee of province shall complete the registration. In case of disapproval, it must provide explanation in writing.

4. Notifying and giving processing results of the application for the mining license

Within 05 days from the day of receiving the application from the licensing competent authority, the receiving authority will notify the applicant for mining license of receiving processing results and fulfill the relevant obligations as prescribed, and notify local government of district or commune for cooperation and supervision. The above-mentioned time limit shall exclude the period of time in which the mining entity has paid the charge for initial mining right.

Article 63. Procedures for applications for mining licenses in areas with construction projects

1. Applications shall be received as follows:

a) An applicant for a mining license shall submit an application to the receiving authority;

b) Within 05 working days, the receiving authority shall verify the documents in the application. In case where documents are satisfied with regulations prescribed in Article 54 of this Decree, the receiving authority shall provide a receipt note. In case the application for the mining license has not complete documents as prescribed or has enough but the content of the documents in the application is not consistent with regulations of law, the receiving authority makes guidelines in writing for the applicant to amend and complete the application. The guidance, request of supplement and completion of application from the receiving authority is made only one time.

2. The verification of the application is made as follows:

a) Within 10 days from the day on which a receipt note is provided, the receiving authority is responsible for checking the coordinates, the area that proposed for mining and on-site verification;

b) Within 35 days, the receiving authority must complete the verification of the documents and other content relating to the mining and specify the charge for granting the mining right.

3. The submission for application of granting mining license is made as follows:

a) Within 05 days from the day of completing the tasks as prescribed in clause 2 of this Article, the receiving authority is responsible for completing and submitting the application for the exploration license to the competent authority to grant the license;

b) Within 07 working days from the day of receiving the application from the receiving authority, the competent authority that has the licensing competence will decide on the approval or disapproval of granting the mining License. In case of disapproval, it must provide explanation in writing.

4. Notifying and giving processing results of the application for the mining license

Within 10 days from the day of receiving the application from the licensing competent authority, the receiving authority will notify the applicant for mining license of receiving processing results and fulfill the relevant obligations as prescribed. The above-mentioned time limit shall exclude the period of time in which the mining entity has paid the charge for initial mining right.

Article 64. Procedures for issuance of salvage mining licenses

1. Applications shall be received as follows:

a) Any applicant for salvage mining license shall submit such an application to the receiving authority;

b) Within 05 working days, the receiving authority shall verify the documents in the application. In case the documents meet the conditions in the clause 1, Article 70 of the Law on mineral and the clause 1, Article 52 of this Decree, the receiving authority shall provide a receipt note.

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

2. Verification of application for salvage mining license:

a) Within 05 days from the day on which a receipt note is provided, the receiving authority is responsible for checking the coordinates, the area that proposed for salvage mining and on-site verification;

b) Within 15 days, the receiving authority must complete the evaluation of the documents and other content relating to the area proposed for mineral salvage mining.

3. The submission for application of granting salvage mining license is made as follows:

a) Within 02 days from the day of completing the tasks as prescribed in clause 2 of this Article, the receiving authority is responsible for completing and submitting the application for the exploration license to the competent authority to grant the license;

b) Within 05 working days from the day of receiving the application from the receiving authority, the licensing competent authority will decide on the approval or disapproval of granting the salvage mining license. In case of disapproval, there must be a written response clearly stating the reason.

4. Giving processing results of application for salvage mining license:

Within 03 working days from the day on which the application for salvage mining license is received, the receiving authority will notify the applicant for salvage mining license to receive processing result and fulfill the relevant obligations as prescribed.

Article 65. Procedures for renewal, transfer, returning of one part of the area, returning of the mineral exploration license, the mining license; renewal and returning of salvage mining license

1. Applications shall be received as follows:

a) An applicant for renewal, transfer, returning of one part of the area, returning of the mineral exploration license, the mining license; renewal, returning of the salvage mining license shall submit such an application to the receiving authority;

b) Within 05 working days, the receiving authority shall verify the documents in the application. In case of satisfactory application, the receiving authority shall provide a receipt note.

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

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

a) Within 05 working days, from the day on which the receipt note is provided, the receiving authority is responsible for checking the coordinates, the area proposed for the renewal, transfer, returning of one part of the area, returning of the mineral exploration license, the mining license; within 03 days for the case of renewal; returning of the salvage mining license including on-site verification;

b) Within 30 working days, the receiving authority must complete the verification of the documents and other content relating to the renewal, transfer, returning of one part of the area, returning the mineral exploration license, returning the mining license; within 05 working days for the case of renewal; returning of the salvage mining license.

3. Submitting the application to the licensing competent authority:

a) Within 02 days from the day of completing the tasks as prescribed in clause 2 of this Article, the receiving authority is responsible for completing and submitting the application for the exploration license to the competent authority to grant the license;

b) Within 5 working days from the day on which the application is received, the licensing competent authority will decide on the approval or disapproval of the renewal, transfer, returning of one part of the area, returning the mineral exploration license, returning the mining license; within 03 working days for the case of renewal, returning of the salvage mining license. In case of disapproval, there must be a response in writing clearly stating the reason.

4. Giving processing results of application

Within 3 working days from the day on which the application is received, the receiving authority will notify the applicant for the renewal, transfer, returning of one part of the area, returning of the mineral exploration license, returning of the mining license; within 02 working days for the case of renewal, returning of the salvage mining license.

Article 66. Procedures for approval of the mineral reserves

1. Applications shall be received as follows:

a) The applicant that win the auction of the mining right submit an application for approval of mineral reserves to the receiving authority;

b) Within 05 working days, the receiving authority is responsible for verifying the application. In case the documents meet the conditions in the clause 1, Article 50 of the Law on mineral and article 50 of this Decree, the receiving authority will notify the applicant for approval of mineral reserves to make the charge payment for verification of the mineral reserves as prescribed. The receiving authority shall provide a receipt note after the applicant has paid the charge for verification and approval of the mineral reserves.

In case the application has not complete documents as prescribed or has enough but the content of the documents in the application is not in accordance with the regulation of the law, the receiving authority makes guidance in writing for the applicant to amend and complete the application. The guidance and request for amendments and completion of application from the receiving authority is made only one time.

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

a) Within 30 days, from the day on which the receipt note is provided, the receiving authority is responsible for checking all applications, documents and reports; on-site verification at the mineral exploration area, sample of drill core, ditch, well in necessary cases;

b) Within 60 days from the day of completing work specified at point a of this clause, the receiving authority will send the report of exploration result to the experts of specialized fields for consultation on the relevant content in the report of mineral exploration. The time for reply from the experts will not exceed 20 days from the time receiving the request for consultation from the receiving authority;

c) Within 30 days from the day of completing work specified at point b of this clause, the receiving authority is responsible for consolidating the experts’ consultation and preparing application and documents to present the National Council for Evaluation of Mineral Reserves or the provincial People’s Committee for consideration.

In case the report does not meet requirement to submit to the National Council for Evaluation of Mineral Reserves or the People’s Committee of province, the receiving authority will give written notice clearly stating the reason for the applicant for approval of the mineral reserves to amend the report attached to the written comment opinion from the experts.

The time for the applicant to amend 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) Within 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 convene the council meeting; the People’s Committee of province will decide to establish the technical consulting council or not as prescribed in clause 3, Article 34 of this Decree.

b) Within 10 working days after the end of the meeting of the National Council for Evaluation of Mineral Reserves, the technical consulting council, the receiving authority must complete the minutes of the Council meeting. In case of amending the exploration findings based on the opinion of the National Council for Evaluation of Mineral Reserves, the technical consulting council, the People’s Committee of province, the receiving authority will send written notice clearly stating the content that needs amending enclosed with the minutes of the council meeting.

The time for applicant for approval of additional reserves, amending the exploration findings is not included in the time for report evaluation.

c) Within 15 days, from the day receiving the exploration findings that are supplemented and perfected of the organizations and individuals proposing the approval of the reserves, the receiving authority will submit to the competent authority to approve the reserves as prescribed in clause 1, Article 49 of Law on mineral.

d) Within 5 working days, from the day of receiving application for approval of the mineral reserves from the receiving authority, the competent authority that approves the mineral reserves promulgates the decision on the approval of the mineral reserves in the exploration findings.

4. Giving processing results of the mineral reserves approval

Within 5 working days from the day of receiving the application from the competent authority to approve the mineral reserves, the receiving authority will notify the applicant for approval of reserves receive the result and fulfill the other relevant obligations.

Article 67. Responsibility of the People’s Committee of province in the cooperation in evaluation for mineral operation licenses

1. With regard to areas banned from mineral operation, or areas temporarily banned from mineral operation which are not approved as prescribed, the Ministry of Natural Resources and Environment shall send a request for consultation to the People’s Committee of province where the minerals exist in terms of the area estimated for issuance of the mineral operation license relating or not relating to the areas banned from mineral operation, the areas banned temporarily from mineral operation.

2. Within 30 days from the day on which the request for consultation is received as prescribed in clause 1 of this Article, the People's Committee of province will respond in writing to the Ministry of Natural Resources and Environment.

Chapter VI

AMENDMENTS TO REGULATIONS ON AUCTION OF MINING RIGHTS AND CHARGES FOR GRANTING MINERAL EXTRACTION RIGHT

Article 68. Amendments to a number of articles in the Government's Decree No. 22/2012/ND-CP dated March 26, 2012 on auction of mining rights as follows:

1. Clause 2 Article 3 shall be amended as follows:

“2. An mineral extraction right auction shall be held only when at least 2 bidders attend the auction.”

2. Clause 1 Article 6 shall be amended as follows:

“1. Deposits shall be refunded within 2 days from the end date of the auction, except for the cases specified in Clause 2 of this Article.”

3. Clause 4 shall be added to Article 15 as follows:

“4. The evaluation of bidder dossiers according to criterion of owner’s equity of the bidder in the auction of mining rights prescribed in Point dd Clause 2 Article 15 shall be carried out as follows:

a) Pursuant to the actual cost per unit upon the exploration of the mineral to be put up for auction in the area where exploration findings have not been provided or the actual cost per unit upon the exploration of the mineral to be put up for auction in the area where exploration findings have been provided in similar conditions, the auction council of the Ministry of Natural Resources and Environment or People's Committee of province shall decide the estimates of mineral exploration project or total investment of the mining project;

b) The estimates of mineral exploration project or total investment of the mining project prescribed in Point a Clause 4 hereof shall be the basis in order for the receiving authority to evaluate the criterion of owner’s equity of the bidder upon selection of bids prescribed in Clause 2 Article 19 hereof."

4. Point b Clause 2 Article 16 shall be amended as follows:

“b) The original certified true copy or the copy enclosed with original for collation of: the business registration certificate or enterprise registration certificate; written introduction of capability and experience in mineral exploration, extraction and processing; introduction of financial situation and fund raising capability.”

Article 68. Amendments to a number of articles in the Government's Decree No. 203/2013/ND-CP dated November 28, 2013 on calculation method and charge for granting the mineral mining right as follows:

1. Clause 3 and Clause 4 shall be added to Article 2 as follows:

“3. Mining entities related to mineral as general building materials that are not required to apply for mining licenses prescribed in Point a Clause 2 Article 64 of the Law on Mineral; entities recovering sand from projects of dredging and widening of canals.

4. Mining entities recovering minerals accompanied.”

2. Article 4 shall be amended as follows:

“The charge for granting the mineral mining right (R) is defined according to group, kind of minerals valued at between 1% and 5%, presented at Annex II enclosed with this Decree.”

3. Regulations on reserves to calculate charge for granting the mineral mining right prescribed in Clause 2 Article 3 and Article 5 shall be amended as follows:

“2. Reserves to calculate charge for granting the mineral mining right (Q) means reserves prescribed in Clause 6 Article 2 of Decree on amendments to the Law on Mineral.”

“Q- Reserves to calculate charge for granting the mineral mining right specified in Article 6 of this Decree; calculation unit is m³, metric ton; kg and other units decided by the authority competent to approve mineral reserves.”

4. Clause 3 Article 6 shall be amended as follows:

“3. For the licenses in which the competent agencies have allowed mining, not required for exploration, prescribed in Article 65 of Law on mineral, or cases of not required to apply for mining licenses prescribed in Point a Clause 2 Article 64 of the Law on Mineral, the reserve to calculate charge for granting the mineral mining right shall be determined according to Point c Clause 1 of this Article.

In case of recovery or use of minerals accompanied or minerals in waste dumps of the mine according to a valid mining license, or recovery of sand or gravels from a project of dredging and widening of canals, the reserve to calculate charge for granting the mineral mining right shall be determined according to the annual recovered or used minerals.”

5. Article 7 shall be amended as follows:

“Prices to calculate charge for granting the mineral mining right is defined under the prices to calculate the resource royalty in accordance with law on resource royalty according to the time of determining the charge for granting mineral extraction right.

The Ministry of Natural Resources and Environment shall provide guidelines for conversion method to determine charges for granting mineral extraction right.”

Chapter VII

IMPLEMENTATION

Article 70. Transitional provisions

1. Planning for the geological baseline surveys of mineral; planning for exploration, mining, processing and use of mineral approved as prescribed before the effect day of the Law on mineral are carried out until the planning for mineral as prescribed in the clause 1, Article 10 and Article 11 of this Decree is approved and announced by the competent authority as prescribed.

2. With regard to applications for mining licenses received before the effective date of this Decree which solid mineral reserves mobilized to extraction are less than 50% of total mineral reserves approved by the competent authority, the reserves to calculate the charge for granting the mineral mining right equal 50% of total approved mineral reserves. In case of mineral water extraction, the reserves to calculate the charge for granting the mineral mining right equal 30% of total approved mineral reserves.

Article 71. Effect

1. Effect:

a) This Decree comes into force from January 15, 2017;

b) Decree No. 15/2012/ND-CP dated March 9, 2012 of the Government on guidelines for the Law on Mineral shall be annulled from the effective date of this Decree.

2. The following regulations shall be annulled: Clause 2 of Article 3, Clause 1 of Article 6, Point b Clause 2 of Article 16 of Decree No. 22/2012/ND-CP dated March 26, 2012 of the Government on auction of mining rights; Clause 2 of Article 3, Article 4, Article 5, Clause 3 of Article 6, Article 7, Point b Clause 2 Article 15 of Decree No. 203/2013/ND-CP dated November 28, 2013 of the Government on calculation method and charge for granting the mineral mining rights.

Article 72. Implementation

1. The Ministry of Natural Resources and Environment shall take charge and cooperate with the relevant Ministries and departments in guidelines for the implementation of this Decree.

2. The Ministers, Heads of ministerial-level organs, Heads of governmental organs, Chairmen of provincial People's Committee and other relevant organizations and individuals shall implement this Decree. /. 

 

ON BEHALF OF THE GOVERNMENT PRIME MINISTER Nguyen Xuan Phuc

 

APPENDIX I

SCALE OF RESOURCES, RESERVES OF SMALL SCALE AND DISPERSED MINERAL BY GROUP/CATEGORY OF MINERAL
(Promulgated with Decree No. 158/2016/ND-CP dated November 29, 2016 by the Government)

No.	Mineral type	Unit	Total reserves and estimated resources
1	Coal	Thousand tonne	< 500
2	Iron	Thousand tonne	< 200
3	Manganese	Thousand tonne MnO2	< 200
4	Chromite	Thousand tonne Cr2O3	< 10
5	Molybdenite	Metal tonne	< 100
6	Wolfram	Metal tonne	< 50
7	Nickel	Metal tonne	< 500
8	Antimonate	Metal tonne	< 200
9	Copper	Metal tonne	< 4.500
10	Lead + Zinc	Metal tonne	< 9.000
11	Original tin	Metal tonne	450
12	Tin placer	Metal tonne	120
13	Deposit Bauxite	Thousand tonne of ore	< 1.000
14	Titan in original ore	Thousand tonne TiO2	< 20
15	Titan in placer	Thousand tonne (total useful minerals)	< 30
16	Original gold	Kg	< 500
17	Placer gold	Kg	< 50
18	Apatite	Thousand tonne of ore	< 1.000
19	Barite	Thousand tonne	< 20
20	Fluorite	Thousand tonne	< 12
21	Phosphorite	Thousand tonne	< 50
22	Serpentine	Thousand tonne of ore	< 1.000
23	Talc	Thousand tonne of ore	< 10
24	Dolomite	Thousand tonne of ore	< 120
25	Graphite	Thousand tonne of ore	< 10
26	Muscovite	Tonne of ore	< 500
27	Bentonite	Thousand tonne	< 100
28	Diatomite	Thousand tonne	< 100
29	White marble to produce powder	Thousand tonne	< 250
30	Cement clay	Thousand tonne	< 2.500
31	Fire-resistant argil	Thousand tonne	< 70
32	Kaolin clay	Thousand tonne	< 50
33	Felspath material	Thousand tonne	< 130
34	Cement limestone	Million ton	< 10
35	Quartzite, quartz (not crystalline) silicon	Thousand tonne	< 100
36	Magnesite	Thousand tonne	< 100
37	Glass sand	Thousand tonne	< 100
38	Puzzolan	Thousand tonne	< 250
39	Paving stones (according to the monolithic recovery ≥ 0.4 m3).	Thousand m3	< 500

 

APPENDIX II

CHARGES FOR GRANTING MINERAL EXTRACTION RIGHT (R)
(promulgated together with Decree No. 158/2016/ND-CP dated November 29, 2016)

No.	Mineral type/group	R(%)
I	Minerals are used as the general constructional material, peat coal
1	General building materials (sand, gravels, grits)	5
2	Peat and other general building materials	3
II	Minerals as building materials
1	White sand, fire clay	3
2	Stone slabs, dolomite, clay cement materials	1
3	Remaining minerals as building materials	2
III	Metal minerals	2
IV	Material minerals
1	Limestone cement materials	3
2	Remaining material minerals	2
V	Fuel minerals (kinds of coal, other than peat)	2
VI	Gemstones, semi-precious stones	2
VII	Thermal water, mineral water and CO2	1