Quy định 442/QD-QLTN

DECISION

ON THE ORGANIZATION OF EVALUATING OF APPLICATION, SUBMISSION FOR APPROVAL OF LICENSE ON SURVEY, EXPLOITATION OF MINERAL RESOURCES

I. GENERAL PROVISIONS

Article 1 :

Provisions on the evaluation, submission for approval of license on survey and exploitation of mineral resources in order to implement to followings.

1. The Government Decree :

- No 95 HDBT dated 25 March 1992 on implementation of the Ordinance on mineral resources.

- No.356 HDBT dated 26 September,1992 on the organization, function, power to the State relevant authorities on the mineral resources.

2. Decisions by the Minister of Heavy Industry :

- No. 588 CNNg/ QLTN dated 1 August 1992 on rules, procedures of application for exploitation and State registration of the solid mineral are exploitation.

- No. 604 CNNg/ QLTN dated 13 August 1992 on rules and procedures of application for exploitation of underground water and under ground works' registration.

- No. 379 QD/ KHKT dated 26 June 1993 on rules and procedures of granting license and State registration of geological surveys.

Article 2 :

This Decision shall be applied by the Ministry of Heavy Industry,the State Department for Management of Mineral resources and the Vietnam Geology Department for consideration, evaluation application for survey license, exploration permit, (collectively called mineral resource license) sent to the Ministry of Heavy Industry by Vietnamese and foreign organizations and individuals.

Article 3 :

The office who receive application set mineral resource license (receiver is basically entitled to give guidance to the applicant in accordance with procedures, to evaluate the application set,to check the real possibility, to collect comments by relevant offices under the Ministry of Heavy Industry, other ministries orlocal authorities, draft the license or official letter for support from the Prime Minister for the approval by the Minister.

Article 4 :

The relevant authorities under Ministry of Heavy Industry is entitled to have written comments within 7 days from the day receiving application and the request for comments by the receiver.

After that deadline, if there are no comments by the relevant offices, it will be assumed that there is no objection to the license issuance.

Article 5 :

The receiver is entitled to submit the whole application set, all written comments and the analyses of various opinions, together with a draft license to the Minister for consideration and decision.

Article 6 :

The receiver is responsible for written information and explanations to the applicant in the following situation :

- The application set or procedures should be fulfilled.

- No possibility of license issuance.

Article 7 :

No opinions by relevant offices under Ministry of Heavy Industry in required in the following cases:

1. Projects of survey of exploitation of mineral resources attached by the license for survey or exploitation approved by the Minister of Heavy Industry or his nominee in accordance with the minutes of the meeting of approval attended by the relevant offices of Ministry of Heavy Industry or the project for survey or exploitation which has been approved by the relevant authorities as specified in Article 12.

2. Feasibility Studies on exploitation of minerals attached with the application for exploitation approval by the Minister of Heavy Industry or his nominee in accordance with the minutes of the meeting participated by the relevant offices of the Ministry of Heavy Industry.

3. Application for mineral exploitation issued after the Investment license.

4. Application for mineral exploitation issued after the bid of survey or exploitation organized by the relevant State authorities.

5. Application for mineral exploitation within the area approved by the former license granted by the Minister of Heavy Industry.

Article 8 :

The relevant offices under Ministry of Heavy Industry are entitled to give opinions as specified in Article 11, 15 and 16.

Article 9 :

The draft license attached with the application set should be submitted to the Ministry's general office that in responsible for full consideration legally before submitting it to the Minister.

II. LICENSE FOR SURVEY AND EXPLOITATION

Article 10 :

The scientific,technical Department is the receiver of application file (set).

Article 11 :

The relevant authorities for opinions are the geology Department, the State mineral resources management. If this applicant is under the Ministry or using State budget controlled by the Ministry of Heavy Industry, the Planning Department should be involved. If the applicant is a foreign organization or individual or partnership with foreign party,the Inter-national cooperation Department should be involved.

Article 12 :

For surveys using State budget as well as the applicants not using the State budget but complicated, expensive or requiring investment license or the approval by the Prime Minister, opinions of the relevant offices under Ministry of Heavy Industry and other relevant national or local authorities should be done after the applications as projects for survey.

In this case, opinions can be collected by organizing a seminar.

Article 13 :

Copies of license for survey or Decision of approval of projects, plans for survey should not only be registered at the State office of mineral survey activities in accordance with Regulation No.379 - KHKT dated 26 June, 1993, but also sent to the relevant authorities as specified in Article 11.

III. EXPLOITATION LICENSE

Article 14 :

The State Department for Management of Mineral Resources is to receive, evaluate applications and documents for exploitation license.

Article 15 :

The Department of Science and Technology, the Vietnam Department of Geology shall be responsible for granting opinions except for cases mentioned in clauses (2) (3), (4) and (5), Article 7.

Article 16 :

For applications or submissions for exploitation of mineral resources to be approved by the Government Prime Minister or related to the issue of foreign investment license or applicants belonging to the Ministry of Heavy Industry, opinions shall be collected from relevant authorities under the Ministry of Heavy Industry prior to preparation of the Feasibility Study on exploitation. Opinions shall be collected at expanded conferences the agenda of which is prepared by such authorities as mentioned in Article 17, 18 and 19.

a. For applicants under the Ministry of Heavy Industry, representatives of the Department of Planning, Finance - Accounting, Capital Construction Investment and Science - Technology, the State Department for Management of Mineral Resources and the Vietnam Department of Geology shall be required.

b. For applicants being foreign organizations, individuals or joint ventures between Vietnamese and foreign organizations and individuals, representatives of Departments of External Relations, Planning and Science - Technology, the State Department for Management of Mineral Resources and the Vietnam Department of Geology Shall participate in.

Article 17 :

The Department of Planning shall be responsible for the agenda and convening of conferences to draw in opinions on plan for mining if applicants belong to the Ministry of Heavy Industry or are joint ventures, except cooperation joint ventures the Vietnamese parties of which are under the Ministry of Heavy Industry.

Article 18 :

The Department of External Relations shall bear the responsibility to prepare the agenda of and convene, conferences to sound opinions on plan for mining if applicants are foreign organizations, individuals or cooperation joint ventures between Vietnamese organizations, individuals and foreign organizations, individuals.

Article 19 :

The State Department for Management of Mineral Resources shall be responsible for agenda and convening, of conferences to sound opinions on plan for mining under authority of the Prime Minister, except such cases as mentioned in Article 17 and 18.

IV. PROVISIONS FOR IMPLEMENTATION

Article 20 :

This Decision shall take effect as from its signing.

The head of the general Office, Department Directors of the Ministry of Heavy, the Directors of the State Department for Management of Mineral Resources and the Vietnam Department of Geology are responsible for executing this Decision.