Thông tư liên tịch 46/2002/TTLT-BTC-BCN

JOINT CIRCULAR

GUIDING THE METHOD OF DETERMINING THE VALUE, MODE OF AND PROCEDURES FOR PAYMENT OF MONEY FOR THE USE OF THE STATE'S DATA AND INFORMATION ON MINERAL PROSPECTION AND EXPLO-RATION RESULTS

Pursuant to the Government's Decree No.76/2000/ND-CP of December 15, 2000 detailing the implementation of the Mineral Law (amended);
Pursuant to the Government's Decree No.87/CP of December 19, 1996 and Decree No.51/1998/ND-CP of July 18, 1998 detailing the decentralization of State budget management, estimation, execution and settlement;
The Ministry of Finance and the Ministry of Industry hereby jointly guide the method of determining the value, mode of and procedures for payment of money for the use of the State’s data and information on mineral prospection and exploration results, as follows:

I. GENERAL PROVISIONS

1. The payment of money for the use of the State’s data and information on mineral prospection and exploration results (hereinafter called data) is aimed to recover the State capital already invested in the work of mineral prospection, search and exploration.

2. Organizations and individuals permitted to use data must pay money to the State according to the provisions of this Circular after the mines are put to exploitation. The payment shall be made as from the date the mineral exploitation permit is issued.

3. Data means all data already gathered and summed up in the process of searching, prospecting and exploring minerals in forms of solids, gases, mineral water or natural hot water (except for petroleum and natural water of other kinds), funded with State investment capital, which are reflected in the sum-up reports on the search, prospection and exploration work and accompanied with figures already approved by competent State bodies.

4. The use of data shall comply with the provisions of the mineral legislation and this Circular.

Cases of using data for the purpose of scientific research, training or planning and/or strategy elaboration under the State-assigned tasks shall not be subject to the payment under the provisions of this Circular.

5. The data-printing and -duplicating services shall comply with specific regulations and not be governed by this Circular.

II. METHOD OF DETERMINING THE VALUE AND MODE OF PAYMENT APPLICABLE TO ORGANIZATIONS AND INDIVIDUALS USING DATA AFTER THE MINES ARE PUT TO EXPLOITATION

1. To determine the value of State investment in mine prospection, search and exploration according to the current price levels

A = S (Ki x Zi) + C x H

Of which:

- Ki is the volume of geological project items which is based on the statistical data in the sum-up reports on mineral search, prospection and exploration work already approved by competent State agencies.

- Zi is the current unit price of the geological project.

- C means other expenses incorporated in the project’s value according to the State’s current regulations and the primary prices.

- H is the difference coefficient between the current price level and the primary price to be determined by the ratio between the current price and the primary price of the total value of the volume of project items:

(Ki x Zi of the current price / Ki x Zi of the primary price).

2. To determine the value of payment for data use (G).

On the basis of the deposit granted in the mineral exploitation permit, G shall be determined as follows:

                P1 + 50% P2
G = A x -------------------
                          P

Of which:

- A is the value of State investment calculated according to the formula mentioned in Clause 1 of Section II.

- P is the total grade-A, -B and -C1 deposit of the whole mine in the prospection report.

- P1 is the total grade-A, - B deposit permitted for exploitation from the mine.

- P2 is the C1-grade deposit permitted for addition to the deposit to be exploited from the mine.

3. Mode of payment of money for data use

a/ The data-using organizations and individuals must pay money for data use to the State in lump-sum for the first two years or by installments according to the exploitation output. Where the value of the payable data-use money is less than VND 500,000,000 (five hundred million), the lump-sum payment must be made in the first two years.

b/ Organizations and individuals that have fully paid the data-use money in lump-sum for the first two years as from the dates they are granted the mineral exploitation permits shall enjoy 10% reduction of the payable money amounts and have the right to use or transfer such data to other organizations and/or individuals according to the provisions of the Mineral Law and Articles 34, 35 and 36 of the Government's Decree No.76/2000/ND-CP.

III. PAYMENT PROCEDURES

1. The Ministry of Industry shall assume the prime responsibility and coordinate with the Ministry of Finance in determining the value and mode of payment of data-use money for organizations and individuals that have been granted mineral exploitation permits according to the provisions in Section II of this Circular.

2. The Finance Ministry shall provide for and guide the tax agencies and State treasuries to perform the work of collection and management of revenues from this source.

3. Within 30 days after receiving the Industry Ministry’s decision on the value and mode of payment of data-use money, organizations and individuals already granted mineral exploitation permits shall have to register and fill in the payment procedures with the provincial Tax Departments of the localities where the mines are located. The mine-exploiting organizations and individuals that make installment payments on the basis of the annual exploitation output shall settle the payable money amounts according to the actual mine-exploitation outputs with the local Tax Departments.

IV. EXEMPTION, REDUCTION OF PAYABLE DATA-USE MONEY

1. Cases eligible for payment exemption or reduction:

a/ Organizations and individuals that have fully paid the data-use money as prescribed at Point b, Clause 3, Section II of this Circular.

b/ Cases of errors on the already prospected mine deposit (over 30% less than the grade-A and -B deposit as stated in the mine prospection report), which leads to the decrease of the mine exploitation deposit.

2. Procedures for consideration of exemption and reduction levels applied to the payable data-use money for cases of grade-A and -B deposit disparity

Based on the reports of organizations and individuals already granted mineral exploitation permits on the decrease-disparity between the actual mine deposit and the deposit permitted for exploitation according to the prospection report, the Ministry of Industry shall assume the prime responsibility and coordinate with the Finance Ministry in inspecting and examining the actual mining situation, thereby sending a written request to the Mineral Deposit Evaluation Council for organization of inspection and evaluation of the concrete extent and causes of the decrease in the actual mine deposit. On the basis of the Mineral Deposit Evaluation Council’s written conclusions on the actual mine deposit decrease and after reaching agreement with the Finance Ministry, the Ministry of Industry shall decide on the levels of exemption or reduction of the payable data-use money.

In cases where the data-using organizations and individuals have fully paid the data-use money to the State by the lump-sum payment mode, they shall also be considered for payment exemption or reduction according to the above stipulations.

V. ORGANIZATION OF IMPLEMENTATION

1. Organizations and individuals granted mineral exploitation permits shall have to pay the data-use money according to the provisions of this Circular. In cases where organizations or individuals already granted mineral exploitation permits fail to pay the data-use money, their mineral exploitation permits shall be withdrawn according to the provisions of Articles 33 and 39 of the Mineral Law.

2. The regimes of examination, inspection, reward, and violation handling in the implementation of this Circular shall comply with the current law provisions.

3. Organizations and individuals that had been granted mineral exploitation permits before the effective date of this Circular shall still have to pay the data-use money according to this Circular’s provisions for the to be- exploited deposit, provided that their permits are still valid. For cases where decisions on the levels of mineral prospection and exploration capital reimbursement have already been issued under November 25, 1993 Joint Circular No.96/TT-LB of the Finance Ministry and Industry Ministry on mineral prospection and exploration capital reimbursement regime, when the mines are put to exploitation, the decisions on capital reimbursement levels already issued by the Ministry of Industry shall still be complied with.

4. This Circular takes effect 15 days after its signing and replaces November 25, 1993 Joint Circular No.96/TT-LB of the Finance Ministry and Industry Ministry.

In the course of implementation, if any problems arise, the concerned organizations and individuals are requested to report them to the Ministry of Finance and the Ministry of Industry for study and settlement.