Chương II Nghị định 158/2016/NĐ-CP: Quy hoạch khoáng sản, điều tra cơ bản địa chất về khoáng sản

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.

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