Chương III Nghị định 51/2021/NĐ-CP: Quản lí , bảo vệ khoáng sản và thực hiện dự án đầu tư tại các khu vực dự trữ khoáng sản quốc gia

Chapter III

MINERAL MANAGEMENT AND PROTECTION AND PERFORMANCE OF INVESTMENT PROJECTS IN NATIONAL MINERAL RESERVES

Article 7. Management and protection of minerals in national mineral reserves

1. Minerals in national mineral reserves must be strictly protected according to regulations of the Mineral Law, the Government's Decrees providing guidelines for the Mineral Law and this Decree.

2. During the performance of investment projects in national mineral reserves, investors shall:

a) Protect minerals on the project site according to regulations in Clause 1 of this Article;

b) Not extract minerals in national mineral reserves under the guise of investment projects or construction.

3. Investors committing a violation against the regulation in Point b Clause 2 herein shall be subject to penalty according to regulations of law on handling of administrative violations against regulations on minerals and, depending on the nature and extent of the violation and amount of minerals illegally extracted, be temporarily suspended from performing their investment projects or have the decision on investment guidelines revoked in compliance with relevant law provisions.

Article 8. Performance of investment projects in national mineral reserves

1. Do not perform the following investment projects in national mineral reserves:

a) Investment projects requiring long-term land use, excluding technical infrastructure works of national and public interests;

b) Construction works of special grade and grade I per regulations of law on construction, excluding projects of national importance whose investment guidelines are approved by the National Assembly, Government and Prime Minister.

2. When applying for approval for investment guidelines of projects in national mineral reserves, applicants must assess the impact of their projects on mineral resources, deposits and quality in these national mineral reserves; and include solutions for protection of minerals requiring reservation in the prefeasibility research report or report for approval for investment guidelines.

3. An assessment of impact to mineral resources, deposits and quality and solution for protection of minerals in a national mineral reserve includes:

a) Overview of reserved mineral resources on project site, including other minerals, concerning level of mineral potential investigation and assessment; current conditions of mineral resources and deposits and current mineral exploration and extraction activities (if any);

b) Assessment of scope of possible impact of the project on reserved mineral resources, deposits and quality;

c) Solution for protection of minerals requiring reservation on project site: identify specific work items that have a possible impact on minerals requiring reservation; stipulate responsibility of relevant organizations, units and individuals and the project investor for monitoring, supervising and promptly reporting any direct impact on minerals requiring reservation during the construction or performance of the project to the Ministry of Natural Resources and Environment for handling according to regulations in Clause 1 Article 9 herein;

d) Commitment to fulfill obligations to protect minerals not yet extracted on project site according to regulations in Clause 2 Article 7 herein.

4. Performance period of an investment project in a national mineral reserve shall not exceed the remaining mineral reservation period of the reserve.

5. The Ministry of Natural Resources and Environment shall give its opinions on the content mentioned in Clause 3 herein for investment projects whose investment guidelines are approved by the National Assembly, Government, Prime Minister and heads of ministries and central government authorities as per law on investment.

6. Departments of Natural Resources and Environment of provinces where investment projects besides those mentioned in Clause 5 herein are located shall give their opinions on the content mentioned in Clause 3 herein.

7. Investment project investment registration authorities shall obtain opinions from the regulatory bodies mentioned in Clauses 5 and 6 of this Article. Opinions on assessment of impact on resources, deposits and quality; and solutions for protection of minerals in national mineral reserves shall be obtained at the same time during the opinion obtaining process before the investment guidelines are proposed to competent authorities and persons for approval as per law on investment.

Article 9. Removal of minerals on sites of investment projects in national mineral reserves

1. If construction of work items of an investment project in a national mineral reserve requires land grading, excavating and/or filling that directly impact/s reserved minerals and the original state of the reserved minerals cannot be preserved, removal of the affected minerals may be considered and permitted.

2. The project investor shall report to the People's Committee of the province where the project is located, which will notify the Ministry of Natural Resources and Environment in writing, to organize inspection and determination of the area containing the affected minerals mentioned in Clause 1 herein and issue a written approval for the removal to provide the basis for the provincial People’s Committee to decide the removal and request relevant organizations and individuals to fulfill their obligations as prescribed by law.

3. Responsibilities of organizations and individuals permitted to remove minerals mentioned in Clause 2 herein:

a) Be subject to inspection from the relevant mineral authority; and supervision of Vietnam Fatherland Front and people of the locality where the project is located;

b) Remove minerals in the area and with the amount determined by the Ministry of Natural Resources and Environment according to regulations in Clauses 1 and 2 herein with the permission from the People's Committee of the province where the project is located, take responsibility before the law for data in the mineral removal report submitted to the provincial People’s Committee for calculation of payment for mineral extraction right and fulfill other financial obligations as per the law;

c) Register and report mineral amount removed to the People's Committee of the province where the project is located and comply with regulations of law on environmental protection during the removal process.

4. Rules for decision on mineral removal by the People’s Committee of the province where the investment project is located according to regulations in Clause 2 herein:

a) Minerals shall be removed during project performance;

b) Project investors shall organize mineral removal according to regulations in Clause 1 herein. Otherwise, investors must propose other organizations and units for the removal to the provincial People's Committee for consideration and decision.

5. Applications and procedures for removal of minerals on investment project sites in national mineral reserves shall adhere to regulations on mineral extraction in areas where construction investment projects are located of mineral law.

Article 10. Compensation upon investment project cancellation

1. In case the Prime Minister reduces the area or mineral reservation time of a national mineral reserve for national defense and security or a project of national importance, which directly affects an investment project in the reserve, the investor is entitled to compensation and assistance according to regulations of law on land and other relevant regulations of law.

2. The State is not obliged to compensate investors of investment projects in national mineral reserves after the mineral reservation period decided by the Prime Minister has expired