Thông tư 01/2006/TT-BTNMT

CIRCULAR

GUIDING THE IMPLEMENTATION OF SOME OF THE PROVISIONS OF DECREE 160/2005/ND-CP DATED 27 DECEMBER 2005 OF THE GOVERNMENT PROVIDING DETAILED PROVISIONS FOR THE IMPLEMENTATION OF THE MINERAL LAW AND THE LAW ON AMENDMENT AND SUPPLEMENT OF SOME ARTICLES OF THE MINERAL LAW

Pursuant to Decree No. 91/2002/ND-CP dated 11 November 2002 of the Government defining the Functions, tasks, powers and Organisational Structure of the Ministry of Natural Resources and Environment;
Pursuant to Decree No. 160/2005/ND-CP dated 27 December 2005 of the Government providing detailed guidelines on the implementation of the Mineral Law and the Law on Amendment and Supplement of some Articles of the Mineral Law;
The Ministry of Natural Resources and Environment hereby provides guidelines on the implementation of the Mineral Law and the Law on Amendment of and Addition to some Articles of the Mineral Law as follows:

I. FORMULATION AND EVALUATION OF PROJECTS FOR MINERAL PROSPECTING AND EXPLORATION.

1. Formulation of projects for mineral prospecting and exploration

The formulation of projects for mineral prospecting and exploration as provided for at Article 38 of Decree 160/2005/ND-CP dated 27 December 2005 of the Government providing detailed guidelines on the implementation of the Mineral Law and the Law on Amendment and Supplement of some Articles of the Mineral Law shall be implemented based on the following contents:

1.1.Projects for mineral prospecting and exploration shall be attached with the explanatory notes, appendice, and drawings.

The content of the explanatory notes of the project shall include:

Geographical location, coordinates, area, and objectives of the project;

Geological settings, mineral characteristics; bases for defining mineral objects;

Objectives, scope of work, expected output;

Technical methods; amount of work; amount of samples of various kinds collected for analysis; sequence of implementation;

Estimated mineral reserves ( for exploration project);

Organisation for implementation;

Measures for eco-environmental protection and occupational safety;

Estimated budget for the project.

1.2. The detailed contents of the each chapter and item of the mineral prospecting and exploration projects shall be made in accordance

with Form No. 1.

2. Evaluation of the mineral prospecting and exploration projects.

The evaluation of the mineral prospecting and exploration projects as provided for at Article 38 of Decree 160/2005/ND-CP dated 27 December 2005 of the Government providing detailed guidlines on the implementation of the Mineral Law and the Law on Amendment and Supplement of some Articles of the Mineral Law shall be implemented based on the following contents:

2.1. Specifically checking the location, boundary and area of the project site;

2.2. Appraising the geological settings, the objectives, the mineral objects and the expected output of the project;

2.3. Evaluating the appropriateness of the combined technical techniques, the amount of various works and the estimated amount of various samples to be collected for analysis;

2.4. Considering the appropriateness of the exploration methods and the feassibility of the estimated reserves if it is the exploration project;

2.5. Assessing the impacts to the eco-environment, occupational safety and measures for handling;

2.6 Considering the rationality and the feassibility of the organisation for implementation of work, the schedule and the tempo of implementation.

II. APPLICATION FORMS, FORMS OF LICENCES FOR MINERAL ACTIVITIES, FORMS OF THE MAP OF AREA BEING APPLIED FOR MINERAL ACTIVITY LICENCES, AND FORMS OF REPORTS ON MINERAL ACTIVITIES.

1. Application Forms, Forms of the map of the area being applied for mineral activity licences.

 Application Forms, Forms of the map of the area being applied for mineral activity licences as prescribed for at Articles from 59 to 62 of Decree 160/2005/ND-CP dated 27 December 2005 of the Government providing detailed guidelines on the implementation of the Mineral Law and the Law on Amendment and Supplement of some Articles of the Mineral Law shall be made based on the following Forms:

1.1. Application Forms for mineral activity licences.

a) Applications for issuance, extension, re-issuance and surrender of mineral prospecting and exploration licences, for relinquishing part of the exploration area shall be made in accordance with the Forms from No. 02 to No. 04; applications for the transfer of mineral exploration titles, continuation of mineral titles to exploration shall be made based on Form No. 05 and Form No. 06.

b). Applications for issuance, extension, surrender of mineral mining licences and relinquishing part of the mining area shall be made in accordance with the Forms from No. 07 to No.09; applications for the transfer of mineral mining titles, continuation of mineral mining titles shall be made based on Form No. 10 and Form No. 11.

c). Applications for issuance, extension, surrender of mineral processing licences shall be made in accordance with the Form No. 12 and Form No.13; applications for the transfer of mineral processing titles, continuation of mineral processing titles shall be made based on Form No. 14 and Form No. 15.

1.2. Form of the maps of areas being applied for mineral activity licences

The areas being applied for mineral prospecting, exploration and mining licences shall be demarcated on the background of the VN2000 squared coordinate topographic map having its scales not smaller than 1: 100,000 for a prospecting area; not smaller than 1: 10,000 for an exploration area; and not smaller than 1:5,000 for a mining area. The maps of areas being applied for mineral prospecting, exploration and mining licences shall be made in accordance with Form No. 16.

2. Forms for mineral activity licences

2.1. The mineral prospecting, exploration, mining and processing licences shall be made in accordance with Forms Nos. 17, 19 and 21.

2.2. The re-issuance and extension of mineral prospecting, exploration, mining and processing licences; the permission of transferring the titles to exploration, mining and processing of minerals; and the permission of continuation of the titles to exploration, mining and processing of minerals in case of bequeathing shall be implemented by the grant of new licences, of which contents are suitable with the contents indicated at the previously granted licences, as well as suitable with regulations concerned of legislation on minerals ( on the bases of the Forms for mineral activity licences as provided for at point 2.1 of this Clause).

2.3. The permission for the surrender of mineral prospecting, exploration, mining and processing licences; for relinquishing part of the exploration or mining area shall be implemented by issuing a Decision as provided for at Form No. 18, Form 20 and Form No. 22.

3. Forms for reports on mineral activities

Reports on mineral activities as set forth at Article 42 of Decree 160/2005/ND-CP dated 27 December 2005 of the Government providing detailed guidelines on the implementation of the Mineral Law and the Law on Amendment and Supplement of some Articles of the Mineral Law shall be made based on the following Forms:

3.1. Reports on mineral prospecting, exploration activities shall be made under Form No. 23;

3.2. Reports on mineral mining activities shall be made under Form No. 24;

3.3. Reports on mineral processing activities shall be made under Form No. 25;

3.4. Reports on mineral activities within the territories of provinces or cities under the Central authority shall be made under Form No. 26.

III. ORGANISATION FOR IMPLEMENTATION

This Circular shall take effect after 15 days, since the date of announcing on Official Gazette.

Regulations on procdures of submission, evaluation and approval of projects and reports on mineral activities and the formulation of mineral prospecting and exploration projects as provided for at Circular No. 10/TT-DCKS dated 13 September 1997 of the Ministry of Industry; regulations on procedures and sequence of issuing mineral activity licences as provided for at Decision No. 06/2003/QD-BTNMT dated 19 September 2003, and regulations on reporting of mineral activities as provided for at Decision No. 23/2004/QD-BTNMT dated 28 October 2004 of the Minister of Natural Resources shall be repealed since the date when this Circular takes effect.

During the process of implementation, any of the difficulties which may arise related to legal regulation must be reported to the Ministry of Natural Resources and Environment as soon as possible for solving./.

FORM NO. 01

CONTENT OF THE EXPLORATION (PROSPECTING) PROJECT PREFACE

- - Grounds for the project formulation.

- Objectives, scope of work, objects of minerals.

Chapter I

CHARACTERISTICS OF NATURAL GEOGRAPHY- ECONOMICS AND HUMAN CULTURE

- Geographical location, coordinates, and area of the project

- Information on the characteristics of the natural geography- economics and human culture.

- Research history of geology and mineral resources in the project area.

Chapter II

GEOLOGICAL SETTINGS AND MINERAL FEATURES

- Characteristics of regional geology: Outlining main features of stratigraphy, tectonics, and magmatism in the project area.

- Characteristics of regional mineral resources shall include:

+ Occurences, indication, and premises in relation with minerals;

+ Distribution of such occurences and indication of minerals within the project area.

Chapter III

 TECHNICAL METHODS AND AMOUNT OF WORK

1. Bases for the selection of technical methods

The selection of technical methods must be based on the objectives, types of genesis and conditions for ore forming; material consituents, ore distribution, purposes and efficiency of the methods, combination of technical methods.

 2. Methods and amount of various works

 - Survey work: including relief survey and engineering survey (scales depend on the area and the objectives);

- Geological methods;

-Geochemical methods;

-Geophysical methods;

-Drilling and excavation works;

-Hydrogeological –engineering geological works;

- Collection, preparation, and analysis of samples of various kinds; place where samples to be sent for analysis, places of internal and externalcheck analysis;

-Office work, final reporting.

 It is compulsory that the amounts of all the above mentioned work types must be indicated in detail according to each phase and year of implementation. Works proposed to be implemented must be shown on maps and schemes of work layout.

Chapter IV

PROTECTION OF ENVIRONMENT AND MINERAL RESOURCES

1. Predicting impacts which may cause to the environment and working out measures for mitigation when the project is being carried out.

2. Working out measures for the protection of minerals while the project is being implemented.

Chapter V

 PROPOSED METHOD FOR RESERVE CALCULATION

The proposed method and criteria for reserve calculation as well as the perspective of the attainable proposed reserve target within the exploration area must be presented.

Chapter VI

ORGANISATION FOR IMPLEMENTATION

On the bases of geology, economics-techniques, technical methods and amount of works indicated in the project, the plan and tempo of implementation of various types of work must be worked out suitably with each phase and must be in compliance with procedures, rules and prevailing regulations on criteria of economic – techniques.

Chapter VII

ESTIMATED COSTS

Beside the grounds for and the itemized list of estimated costs, the source of investment capital, the applicable unit price and the availability of capital for proper implementation of technical methods and the amount of works must be clearly indicated in the estimate.

CONCLUSIONS

- Result and economic efficiency to be expected

- Other requirements and recommendations (if any)

APPENDICE

- Location map (scheme).

- Regional geological map, mineral map and maps of the ore fields and ore bodies at various scale.

- Scheme of workings and sampling locations.

- Geological and mineral sections and profiles.

- Plans for estimated mineral reserve calculation.

- Other tables and figures related.

FORM NO. 02

APPLICATION FOR MINERAL EXPLORATION (PROSPECTING) LICENCE

(Name of Applicant):…………………………………………………….

Head office located at: ……………………………………………….…….

Tel.: …………………………….., Fax: …………………………………..

Decision of Business Establishment No. : ........, dated .............(Business Registration No. : ........, dated ...................

Investment Licence No. (if any).....................dated..............(issued by...........)

Applying for eexploration (prospecting) of minerals (name of minerals).......

in ............. commune, ................................ district, ......................... province

Area to be applied for : ..................(ha, km2)

Limited by corner points: ......................... with the co-ordinates specified on the enclosed map.

Duration of exploration (prospecting): ...... month(s), from ................... (month, year) to ................................. (month, year).

Estimated costs:....................................

(Name of Applicant)............. hereby undertakes to comply strictly with the provisions of legislation on minerals and other relevant laws.

FORM N0. 03

APPLICATION FOR EXTENSION (RE-ISSUANCE) OF MINERAL EXPLORATION (PROSPECTING) LICENCE

To: The Ministry of Natural Resources and Environment
(The People’s Committee of ..... province)

(Name of Applicant)……………………………………………………….

Head office located at: ......…………………………………………………

Telephone number: ........, Fax number: ........

Permitted to carry out exploration (prospecting) for minerals (name of minerals)..............

in ........ commune, ........ district, ........ province, under Exploration Licence No. ........ dated ............

Hereby would like to apply for the extension (re-issuance) of the Mineral Exploration (Prospecting) Licence for ........ month(s), from (date) to (date).

In case of applying for the extension of the Exploration Licence, the area (ha, km2.................) to be relinquished should be indicated

The area for further exploration (prospecting) covers ........(ha, km2), limited by the corner points ........ with the co-ordinates specified on the enclosed map.

Estimated costs for further exploration (prospecting):............VND

Reasons for application for the extension (re-issuance) of the Mineral Exploration (Prospecting) Licence ......………………………… ………………………………………………

………………………………………………………………………………

……………………………………………………………………………….

……………………………………………………………………………….

……………………………………………………………………………….

(Name of Applicant) .......... hereby undertakes to comply strictly with the provisions of the law on minerals and other relevant laws.

FORM NO. 04

APPLICATION

FOR THE SURRENDER OFMINERAL EXPLORATION (PROSPECTING) LICENCE OR RELINQUISHING PART OF THE EXPLORATION AREA

To: The Ministry of Natural Resources and Environment
(The People’s Committee of ..... province)

(Name of Applicant)…………………………………………………………

Head office located at: .……….……………………………………………..

Telephone number: ………. Fax number: ………….

hereby would like to surrender .......(name of the Licence, No.of Licence, date of issue, issuing agency)..............................................................

In case of relinquishing part of the exploration area, following points should be clearly indicated:

- The area to be relinquished: .......(ha, km2) to be covered by Exploration Licence No..............issued on ...day.............month........year

- The area to be continued with further exploration:.......(ha, km2)

(The area to be relinquished and the area to be continued with further exploration must be indicated with corner coordinates specified on the attached map)

- Estimated costs for further exploration:....................VND

Reasons for surrender ….………………………….

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

FORM NO.05

APPLICATION FOR THE TRANSFER OF EXPLORATION RIGHTS

To: The Ministry of Natural Resources and Environment
(The People’s Committee of ..... province)

(Name of Applicant) ……………………………………………………….

Head office located at: ......…………………………………………………

Telephone number: ........ .... Fax number: ........

Hereby would like to transfer the rights to exploration of (name of minerals) ... under the Exploration Licence No. ........ dated ................... for conducting the exploration in ........ commune, ........ district, ........ province

Exploration duration: ........ month(s), from (date.....) to (date)......

Transferee: (Name of the organisation or individual to be transferred) …………………………………………

Head office located at: ......…………………………………………………..

Telephone number: .........                      Fax number: ........

Decision for Business Establishment No. ........ dated ...................(Business Registration No. ........ dated ................... )

Investment Licence No (if any)................ dated ..................issued by................

Attached with Contract of Transfer No. ........ dated ................... and other relevant documents.

Reasons for transferring the exploration rights: …………………………… ………………………………………………………………………………………………………………………………………………………… …..

The date of the transfer shall commence from day.....month....year....

FORM NO. 06

APPLICATION FOR CONTINUING TO EXERCISE THE EXPLORATION RIGHTS

To: The Ministry of Natural Resources and Environment
(The People’s Committee of ..... province)

(Name of Applicant) ………………………………………………

Hereby would like to request the Ministry of Natural Resources and Environment to allow (Name of Applicant) to continue the exercise of exploration rights to conduct exploration for (name of the minerals), under Exploration Licence No. dated.......... , at ......................commune,...............district.......province.

Head office located at: ...............................

Telephone number: ........ .... Fax number: ........

Decision for the Enterprise Establishment No. ........ dated ...................(Business Registration No. ........ dated ...............)

Investment Licence No.....(if any) issued by.....................

Mineral Exploration Licence No. ........ dated ................... for carrying out the exploration of (name of minerals)...... in ........ commune, ........ district, ........ province.

and hereby would like to request the Ministry of Natural Resources and Environment (the People’s Committee of .....province) to allow (Name of Applicant) to continue the exercise of exploration rights in accordance with the aforementioned licence.

(Name of Applicant)....hereby undertakes to fulfil all the obligations as provided for in the Licence, the legislation on minerals and other relevant laws.

FORM NO.07

APPLICATION FOR MINING LICENCE

To: The Ministry of Natural Resources and Environment
(The People’s Committee of ..... province)

(Name of Applicant) ……………………………………………………….

Head office located at: ......…………………………………………………

Telephone number: ........ .... Fax number: ........

Establishment Decision No. ........ dated ................... issued by (Business Registration No. ........ dated ................... )

Investment Licence No.........dated.................issued by.................(if the applicant is an enterprise with foreign capital)

Exploration Licence No. ........ dated ...................

Report on the exploration results...... prepared by ...............in (year)..., which has been approved pursuant to Decision No. ........ dated ................... issued by ....

Hereby applies for the permission to mine (name of minerals) … at (name of mine) in ........ commune, ........ district, ........ province.

The area applied for mining: ........ (ha, km2), limited by the corner points: ........ with the co-ordinates specified on the enclosed map.

Reserves being requested to be mined : ........ (tonnes...., m3 …)

Mining capacity : ........ (tonnes..., m3 …)

Mining duration: ........ years, from month........year......to .......month.... year....

In case of applying for mineral water or thermal water exploitation, following parameters related to the exploitation workings must be added:

(Name of Applicant) ...... hereby undertakes to comply strictly with the provisions of the legislation on minerals and other regulations of the relevant laws.

(Applicant)

(Sign and affix seal)

Attached documents:

-

FORM NO.8

APPLICATION FOR THE EXTENSION OF MINING LICENCE

To: The Ministry of Natural Resources and Environment
(The People’s Committee of ..... province)

(Name of Applicant) ………………………………………………………..

Head office located at: ........ ………………………………………………..

Telephone number: ........ .... Fax number: ........

Permitted to mine minerals (name of minerals) in ........ commune, ........ district, ........ province, under Mining Licence No. ........ dated ...................

Hereby would like to apply for an extension of the Mining Licence for ........ year(s), from (date) ….to (date)…..

Mining area being applied for extension: ........ ha, limited by corner points ........ with co-ordinates specified on the attached map.

Reserves: ........ (tonnes...., m3 …) Ore body ......................

Mining capacity: ........ (tonnes....., m3 ...)

Reasons for the extension of the Mining Licence: ...................................................................................................................................................................................................................................................................

(Name of Applicant) … hereby undertakes to comply strictly with the provisions of the legislation on minerals and other regulations of the relevant laws.

FORM NO.09

APPLICATION FOR THE SURRENDER OF MINING LICENCE (RELINQUISHING PART OF THE MINING AREA)

To: The Ministry of Natural Resources and Environment
(The People’s Committee of ..... province)

(Name of Applicant) ………………………………………………………...

Head office located at: ........ ………………………………………………..

Telephone number: ........ .... Fax number: ......…………………..

Hereby would like to return Mining Licence No...... to mine (name of minerals) …at (name of mine) in ...... commune., ....... district, ....... province , since day........month................year.......….. ( part of the mining area under Mining Licence No...... issued on day..........month.......year..............

In case of relinquishment of part of the mining area, following information must be added:

- The area to be relinquished shall be:.........(ha, km2)

- The area for continuing mining operations shall be:......(ha, km2)

The area to be relinquished and the area for continuing mining operations must be shown on the attached map with the coordinates of closed corners.

Reasons for surrendering the Mining Licence ...................................................................................................................................................................................................................................................................

FORM NO. 10

APPLICATION FOR THE TRANSFER OF MINING RIGHTS

To: The Ministry of Natural Resources and Environment
(The People’s Committee of ..... province)

(Name of Applicant) ………………………………………………………

Head office located at: ......………………………………………………..

Telephone number: ........ .... Fax number: ........

Hereby would like to apply for the transfer of the mining rights to mine (name of minerals)....... under Mining Licence No. ........ dated ................... to carry out mining operations at ……….. (name of mine) in ........ commune, ........ district, ........ province.

Term of mining:: ........ year(s), from (date).................... to (date).........................

Transferee: …………….(name of the organisation or individual to be transferred)

Head office located at: ........

Telephone number: ........                                   Fax number: ........

Enterprise Establishment Decision No. ........ dated ................... (Business registration No. ........, dated ...................)

Investment Licence No......issued on day......month......year.....by (name of the agency granting the Investment Licence) ....................................(if being an enterprise with foreign capital)..

Attached with the Contract of Transfer No. ........ signed on day......month......year..................... and other relevant documents.

Reasons for the transfer of mining rights ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

The transfer will commence on day………month….....year....

FORM NO. 11

APPLICATION FOR CONTINUING TO EXERCISE THE MINING RIGHTS TO MINERALS

To: The Ministry of Natural Resources and Environment
(The People’s Committee of ..... province)

(Name of Applicant) ………………………………………………………..

Hereby requests the Ministry of Natural Resources and Environment (the People’s Committee of ...... province) to permit ….(Name of Applicant) to continue the exercise of the mining rights to mine minerals under Mining Licence No.... issued on day.....month.......year......., in ........commune,............... district,....................province.

Head office located at: ......………………………………………………..

Telephone number: ........ .... Fax number: ......………………..

Enterprise Establishment Decision No. ........ dated ...............(Business Registration No. ........ issued onday.......month.......year................

Investment Licence No..........issued on day.......month.........year.........by (name of the agency issuing the Investment Licence)..........................................(if being an enterprise with foreign capital)

Mining Licence No. ........issued on day.......month............year ............ for the exploitation of ………(name of minerals) at …………..(name of the mine), in ........ commune, ........ district, ........ province

It is requested that the Ministry of Natural Resources and Environment (the People’s Committee of ...... province) permit Name of Applicant)....... to continue the exercise of the mining rights under the above-mentioned Mining Licence.

(Name of applicant)........ hereby commits to fully perform the rights and obligations as prescribed in the licence, and to comply with the legislation on minerals and other regulations of the relevant law.

FORM NO.12

APPLICATION FOR MINERAL PROCESSING

To: The Ministry of Natural Resources and Environment
(The People’s Committee of ..... province)

(Name of Applicant) ..................................................................................

Head office located at: .................................................

Telephone number: ........ .... Fax number: ........

Enterprise Establishment Decision No. ........ issued on day....... month.............. year........................................(Business Registration No. ..................issued on day...........month............year.........)

Investment Licence No..........issued on day.......month.........year.........by (name of the agency issuing the Investment Licence)..........................................(if being an enterprise with foreign capital)

Hereby would like to request for the permission to process ………(name of minerals) into products………. (names and quality of products)

Material sources for processing: ......…………………………………

Technology and equipment (type and capacity) : .....................

Output of processed products of various types: ......…………………………

Location of processing (plant, workshop): ......……………………………

Duration: ........ year (s) from …(date) to… (date)

(Name of Applicant) hereby undertakes to comply strictly with the provisions of legislation on minerals and other regulations of the relevant laws.

FORM NO.13

APPLICATION FOR THE EXTENSION (SURRENDER) OF MINERAL PROCESSING LICENCE

To: The Ministry of Natural Resources and Environment
(The People’s Committee of ..... province)

(Name of Applicant) .......................................................................................

Head office located at: ...............................................................................

Telephone number: ............ Fax number: ........

Permitted to process ……(name of minerals) under Mineral Processing Licence No. ........ issued on day........month...........year...,,....

Hereby would like to apply for the extension (surrender) of Mineral Processing Licence until day……….. month.............year.............

Output of products of various kinds (if any change is made different from the granted Licence): ...........................

Reasons of the extension of the Mineral Processing Licence: ........ ............

…………………………………………………………………………......

………………………………………………………………………………………………………………………………………………………………

(Name of Applicant) .....hereby undertakes to comply strictly with the provisions of the legislation on minerals and other regulations of the relevant laws.

FORM NO.14

APPLICATION FOR THE TRANSFER OF MINERAL PROCESSING RIGHTS

To: The Ministry of Natural Resources and Environment
(The People’s Committee of ..... province)

(Name of Applicant)…………….............................................................

Head office located at: ........

Telephone number: ........ .... Fax number: ........

Hereby would like to apply for the transfer of the processing rights for … (name of minerals) under Mineral Processing Licence No. ........ issued on day......month ...........year........

Duration of mineral processing permitted to be : ........ year(s), from …(date) to…. (date)

Transferee: …………………(name of the organisation or individual to be transferred)

Head office located at: ..........................................................

Telephone number: ........................Fax number: ................................

Enterprise Establishment Decision No. ........ issued on day...........month.........year......... (Business Registration No. ........ issued on day ............month.........year.......)

Attached with the Transfer Contract No. ........ signed on day.........month.........year ........... and other related documents.

Reasons for the transfer of mineral processing rights: ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

Time of transfer shall commence from day....month......year....

FORM NO. 15

APPLICATION FOR CONTINUING to EXERCISE MINERAL PROCESSING RIGHTS

To: The Ministry of Natural Resources and Environment
(The People’s Committee of ..... province)

(Name of Applicant)……….. .....................................................................

Hereby would like to request the Ministry of Natural Resources and Environment (the People’s Committee of ........ province) to permit (Name of Applicant) .....to continue the exercise of mineral processing rights to process .......(name of the minerals) under Mineral Processing Licence No....issued on day....month.....year.....

Head office located at: ............................................................................

Telephone number: ........ .... Fax number: ........

Enterprise Establishment Decision No. ...... issued on day.....month.......year.....(Business Registration No. .... issued on day ......month.........year.......)

Investment Licence No.....issued on day........month.........year.....by(name of the issuing acency).........(if being an enterprise with foreign capital)

Mineral Processing Licence No. ........ dated ................... for processing………… (name of minerals)

Location of production (plant, workshop…): ........

Hereby would like to request the Ministry of Natural Resources and Environment (the People’s Committee of ........ province) to permit (Name of Applicant) .....to continue the exercise of mineral processing rights under the above-mentioned Licence.

(Name of Applicant)... hereby commits to undertake all rights and obligations in accordance with the regulations of the Licence, of the legislation on minerals, and of other relevant laws.

FORM NO. 16

FORM NO. 17

THE MINISTER OF NATURAl RESOURCES AND ENVIRONMENT
(PEOPLE’S COMMITTEE OF.....PROVINCE)

Pursuant to the Mineral Law dated 20 March 1996 and the Law on Amendment and Supplement of some Articiles of the Mineral Law dated 14 June 2005;
Pursuant to Decree No. 160/2005/ND-CP dated 27 December 2005 of the Government providing detailed guidelines on the implementation of the Mineral Law and the Law on Amendment and Supplement of some Articles of the Mineral Law;
Pursuant to Decree No. 91/2002/ND-CP dated 11 November 2002 of the Government defining the Functions, tasks, powers and Organisational Structure of the Ministry of Natural Resources and Environment (Pursuant to the Law on Organisation of the People’s Council and the People’s Committee dated 26 November 2003);
Based on the Official Letter of agreement No....dated....by....;
Based on the Investment Licence No....dated....by (name of the agency issuing the Licence), (if any);
Based on the Official Letter No.... of the People’s Committee of .....Province ( in case that the Licence is to be granted by the Ministry of Natural Resources and Environment);
In consideration of the Application and the dossier for the exploration (prospecting) of minerals (name of the organisation or individual......................) No. ....dated.............and the evaluation document of............;
At the request of the Director General of the Department of Geology and Minerals of Vietnam (the Director of the Department of Natural Resources and Environment),

DECIDES:

Article 1. Permit (name of the organisation or individual...................) to conduct the exploration (prospecting) for ..........(name of the minerals) in ........commune, .......district,..........province

The area permitted for being explored (prospected) is ......(ha, km2) and limited by corner points..........with their coordinates specified on the map attached

Duration of exploration (prospecting): from date.............to date.................

Quantity of exploration work : (attached Appendix )

Article 2.(Name of Applicant) ... shall be liable to:

1. Carry out exploration (prospecting) activities in accordance with the exploration proposed project approved by the Ministry of Natural Resources and Environment (the People’s Committee of .....Province), and with other provisions of the related law;

2. Comply with the periodical reporting system in accordance with current regulations;

3. Submit reports on exploration results to the Council for Mineral Reserves Evaluation (People’s committee of .....province) for appraisal and approval and lodge reports with the State geological archives in accordance with provisions of the legislation on minerals (applicable to Exploration Licence)

Article 3. Prior to the commencement of any exploration (prospecting) activities as regulated by this Licence, (Name of Applicant)...................... ...must notify the Department of Natural Resources and Environment of ................. province and local authorities of the exploration (prospecting) program.

This Mineral Exploration (Prospecting) Licence has been registered at the Department of Geology and Minerals of Vietnam.

( the Department of Natural Resources and Environment of ................. Province)

Registration No. : ........DK/TD

......,day….month.....year.....

DIRECTOR GENERAL

(DIRECTOR)

(sign and affix)

 FORM NO.18

DECISION

ON THE APPROVAL OF SURRENDER OF MINERAL EXPLORATION (PROSPECTING) LICENCE OR RELINQUISHMENT OF PART OF THE MINERAL EXPLORATION AREA

THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT (THE PEOPLE’S COMMITTEE OF......PROVINCE)

Pursuant to the Mineral Law dated 20 March 1996 and the Law on Amendment and Supplement of some Articiles of the Mineral Law dated 14 June 2005;
Pursuant to Decree No. 160/2005/ND-CP dated 27 December 2005 of the Government providing detailed guidelines on the implementation of the Mineral Law and the Law on Amendment and Supplement of some Articles of the Mineral Law;
Pursuant to Decree No. 91/2002/ND-CP dated 11 November 2002 of the Government defining the Functions, tasks, powers and Organisational Structure of the Ministry of Natural Resources and Environment (Pursuant to the Law on Organisation of the People’s Council and the People’s Committee dated 26 November 2003);
In consideration of the Application and the dossier for the surrender of the Mineral Exploration (Prospecting) of minerals or the relinquishment of part of the mineral exploration area of (name of the organisation or individual......................);
At the request of the Director General of the Department of Geology and Minerals of Vietnam (the Director of the Department of Natural Resources and Environment),

DECIDES:

Article 1. To permit (Name of Applicant) to surrender Mineral Exploration Licence

In case the Licence is permitted to be surrendered, the name and the number of the Licence, the date of issue and the issuing agency should be clearly indicated;

In case the relinquishment of part of the mineral exploration area is permitted, the following details should be specified:

- The area permitted to be relinquished is .....(ha, km2), covered by in Mineral Exploration Licence No......issued on day.....month.....year.....

- The remaining area for continuing exploration shall be ......(ha, km2)

- The area permitted to be relinquished and the area for continuing exploration should be limitted by corner points with their coordinates to be specified on the map attached

- The duration of continuing exploration shall last until day....month....year...

Article 2. From the date of signing this Decision, (Name of Applicant) ….............. must terminate all exploration (prospecting) activities in the area ( in compliance with the surrended Licence or the relinquished exploration area) and shall be liable to:

1. Lodge the reports on exploration (prospecting) results, related legal documents and geological specimens and samples with the Department of Geology and Minerals of Vietnam in accordance with the provisions of the law;

2. Back-fill the excavations which have been done for mineral exploration, rehabilitate the environment in the exploration (prospecting) area and carry out other related works in accordance with the provisions of the law.

(In case the relinquishment of part of the mineral exploration area is permitted, the following responsibilities of the organisation or individual should be specified:

- To notify the implementation of this Decision and the continued exploration programme to the state competent agenc, as regulated by the law;

- To submit for evaluation and approval the reports on the results of exploration to the Council for Mineral Reserves Evaluation and Approval (the People’s Committee of ....Province) and lodge the reports hereof to the archives as regulated by the legislation on minerals

Article 3.The Department of Geology and Minerals of Vietnam ( the Department of Natural Resources and Environment of .............. Province) shall be responsible to facilitate and inspect the implementation of this Decision.

FORM NO. 19.

THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT (PEOPLE’S COMMITTEE OF PROVINCE)

Pursuant to the Mineral Law dated 20 March 1996 and the Law on Amendment and Supplement of some Articiles of the Mineral Law dated 14 June 2005;
Pursuant to Decree No. 160/2005/ND-CP dated 27 December 2005 of the Government providing detailed guidelines on the implementation of the Mineral Law and the Law on Amendment and Supplement of some Articles of the Mineral Law;
Pursuant to Decree No. 91/2002/ND-CP of the Government dated 11 November 2002 on the functions, duties, powers and organisational structure of the Ministry of Natural Resources and Environment (Pursuant to the Law on Organisation of the People’s Council and the People’s Committee dated 26 November 2003);
Pursuant to Decision dated ............................by.............................on the apraisal and approval of the report on the results of exploration for.........(name of minerals); Decision for apraisal and approval of the environmental impact assessment report (or Commitment for environmental protection);
Pursuant to Investment Licence No. …… dated ................... issued by (name of the issuing agency) ..................(if being an enterprise with foreign capital);
Based on opinion of People's Committee of .......province at Official Letter No......... dated.........on . ............... (in case the Licence is to be granted by the Ministry of Natural Resources and Environment);
Considering the dossiers and Application for Mining Licence No. ........ dated ......... of (Name of Applicant);
At the proposal of the Director General of the Department of Geology and Minerals of Vietnam,

DECIDES:

Article 1.To permit (Name of Applicant) to carry out mining operations of.... (name of minerals) at ……….(name of mine) in ........ commune, ........ district, ........ province;

The mining area covers ........ (ha, km2), limited by corner points ........ with the co-ordinates specified on the enclosed map.

(In case of a mining licence for mineral water or thermal water, the following specifications should be indicated:

- Location of the mining facilities

- Synbol of the well, depth of the well, coordinates, water discharge

- Regime of mining...........................`

- Reserves (of the mine or to be mined):.........(ton, m3); ore body.....

- Mining capacity:....................(tonnes, m3)

- Duration of mining :.....years, from day......month.......year to day...month...year....

Article 2: (Name of Applicant) shall be liable to:

1. Carry out mining operations in accordance with the Feasibility Study Report on mining and mine design, which have already been appraised and approved, and the provisions of the legislation on minerals and other regulations of the relevant laws;

2. Comply with the periodical reporting system in accordance with the prevaling regulations;

3. Conduct mine-closure, make a deposit for environmental rehabilitation, rehabilitate the environment and the land after mining in accordance with the provisions of the law.

Article 3.The mining operations under this Licence shall only be carried out after (Name of Applicant) has lodged the Mine Design, the notification of the Mine Manager, and the mining plan with the Department of Geology and Minerals of Vietnam (the Department of Natural Resources and Environment of ....Province), made a deposit for environmental rehabilitation, signed the land lease contract and registered its production and business operations with the competent state authorities in accordance with the regulations of the law.

(For the Mining Licence of mineral water or theral water, regulations in relation to the responsibilities of the organisation or individual in taking measures for the protection of the water sources and ensure that they are not contaminated should be indicated. Water monitoring should be periodically conducted, the quality of water sources should be checked, and prompt actions to overcome adverse impact should be made; it is not allowed to over-extract the permissible discharge and the water source can only be utilised under the standards as permitted in writing by the competent agency of Health.)./.

This Mining Licence has been registered at the Department of Geology and Minerals of Vietnam

(Department of Natural Resources and Environment of ...... province)

Registration No. : ........DK/KT

Hanoi, (date)............................

Director General

(Director)

(Sign and affix seal)

FORM NO. 20

DECISION

ON THE APPROVAL OF SURRENDER OF MINING LICENCE (RELINQUISHMENT OF PART OF THE MINING AREA)

THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT(THE PEOPLE’S COMMITTEE OF PROVINCE)

Pursuant to the Mineral Law dated 20 March 1996 and the Law on Amendment and Supplement of some Articiles of the Mineral Law dated 14 June 2005;
Pursuant to Decree No. 160/2005/ND-CP dated 27 December 2005 of the Government providing detailed guidelines on the implementation of the Mineral Law and the Law on Amendment and Supplement of some Articles of the Mineral Law;
Pursuant to Decree No. 91/2002/ND-CP dated 11 November 2002 of the Government defining the Functions, tasks, powers and Organisational Structure of the Ministry of Natural Resources and Environment (Pursuant to the Law on Organisation of the People’s Council and the People’s Committee dated 26 November 2003);
In consideration of the Application and the dossier for the surrender of the Mineral Mining Licence (or relinquishment of part of the mineral mining area of (name of the organisation or individual......................) No......... issued on day....month....year...., attached with the report on the results of.......;
At the request of the Director General of the Department of Geology and Minerals of Vietnam (the Director of the Department of Natural Resources and Environment),

DECIDES:

Article 1. To permit (Name of Applicant) to surrender Mineral Mining Licence (or relinquish part of the mineral mining area) No......issued on.....day, month....., year......

(In case the relinquishment of part of the mineral mining area is permitted, the following details should be specified:

- The area permitted to be relinquished is .....(ha, km2);

- The remaining area for continuing mining operations shall be ......(ha, km2)

and limitted by corner points with their coordinates to be specified on the map attached

- The duration of mining shall last until day....month....year...)

Article 2. Since the date of signing this Decision, (Name of Applicant) must terminate all mining activities ( under the surrendered Licence or the relinquished area), and shall be liable to:

1. Submit the reports on mining results, relevant legal documents and geological specimens (if any) to the Department of Geology and Minerals of Vietnam (the Department of Natural Resources and Environment of... province) in accordance with the provisions of the law;

2. To conduct mine-closure for liquidation (or for protection); take measures for rehabilitation of the environment and the land as well as other relevant works in accordance with the provisions of the law.

(In case the relinquishment of part of the mineral exploration area is permitted, the following responsibilities of the organisation or individual should be specified:

- To notify the implementation of this Decision, the continued mining plans and the plans of business operations to the state competent agency, as regulated by the law;

Article 3. The Department of Geology and Mineral of Vietnam (the Department of Natural Resources and Environment of ...... province) shall be responsible for supervising and inspecting the implementation of this Decision.

FORM NO. 21

THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT(PEOPLE’S COMMITTEE OF PROVINCE)

Pursuant to the Mineral Law dated 20 March 1996 and the Law on Amendment and Supplement of some Articiles of the Mineral Law dated 14 June 2005;
Pursuant to Decree No. 160/2005/ND-CP dated 27 December 2005 of the Government providing detailed guidelines on the implementation of the Mineral Law and the Law on Amendment and Supplement of some Articles of the Mineral Law;
Pursuant to Decree No. 91/2002/ND-CP of the Government dated 11 November 2002 on the functions, duties, powers and organisational structure of the Ministry of Natural Resources and Environment (Pursuant to the Law on Organisation of the People’s Council and the People’s Committee dated 26 November 2003);
Pursuant to Official Letter of agreement dated ............................by...............; pursuant to Investment Licence No. …… dated ................... issued by (name of the issuing agency) ..................(if being an enterprise with foreign capital);

Based on opinion of People's Committee of .......province at Official Letter No......... dated.........on . ............... (in case the Licence is to be granted by the Ministry of Natural Resources and Environment);

Considering the dossiers and Application for Mineral Processing Licence No. ........ dated ......... of (Name of Applicant)...........attached with Decision No......dated.........on the evaluation of the feasibility study report of processing for minerals (name of the minerals.......................), and based on Decision No........dated.......by...........on the evaluation of the environmental impact assessment report (or Commitment for environmental protection) of.......;

At the proposal of the Director General of the Department of Geology and Minerals of Vietnam,

DECIDES:

Article 1.To permit (Name of Applicant) to carry out processing operations of................. (name of minerals)

Location of production: (plant, workshop.........).........................

Sources of materials for processing:............................................

Output of products of various kinds:...........................................

Duration of processing: ......years, from date........to date...........

Article 2: (Name of Applicant) shall be liable to:

1.Carry out processing operations in accordance with the technological option and the Feasibility Study Report on mineral processing, which have already been appraised and approved, and the provisions of the legislation on minerals and other regulations of the relevant laws;

2.Comply with the periodical reporting system in accordance with the prevaling regulations;

Article 3. The processing operations under this Licence shall only be carried out after (Name of Applicant) notify the production plan to, and registered its production operations at the competent state authorities in accordance with the regulations of the law.

This Processing Licence has been registered at the Department of Geology and Minerals of Vietnam

(Department of Natural Resources and Environment of ...... province)

Registration No. : ........DK/KT

Hanoi, (date)............................

Director General

(Director)

(Sign and affix seal)

FORM NO. 22

DECISION
ON THE APPROVAL OF SURRENDER OF MINERAL PROCESSING LICENCE

THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT (THE PEOPLE’S COMMITTEE OF PROVINCE)

Pursuant to the Mineral Law dated 20 March 1996 and the Law on Amendment and Supplement of some Articiles of the Mineral Law dated 14 June 2005;
Pursuant to Decree No. 160/2005/ND-CP dated 27 December 2005 of the Government providing detailed guidelines on the implementation of the Mineral Law and the Law on Amendment and Supplement of some Articles of the Mineral Law;
Pursuant to Decree No. 91/2002/ND-CP dated 11 November 2002 of the Government defining the Functions, tasks, powers and Organisational Structure of the Ministry of Natural Resources and Environment (Pursuant to the Law on Organisation of the People’s Council and the People’s Committee dated 26 November 2003);
Pursuant to Mineral Processing Licence No......dated.........;
In consideration of the Application and the dossier for the surrender of the Mineral Processing Licence No......... issued on day....month....year...., attached with the report on the results of.......;
At the request of the Director General of the Department of Geology and Minerals of Vietnam (the Director of the Department of Natural Resources and Environment),

DECIDES:

Article 1. To permit (Name of Applicant) to surrender Processing Licence for ......(name of the minerals) No......issued on day......., month....., year......

Article 2. (Name of Applicant) shall be permitted to terminate mineral processing activities under the surrendered Licence, and shall be liable to:

1. Submit the reports on processing results, relevant legal documents and geological specimens to the Department of Geology and Minerals of Vietnam (the Department of Natural Resources and Environment of... province) in accordance with the provisions of the law;

2. To conduct liquidation of the facilities safty ensurance in accordance with the provisions of the law.

3. To take measures for rehabilitation of environment and land as well as others related, in accordance with the provisions of the law;

Article 3. The Department of Geology and Mineral of Vietnam (the Department of Natural Resources and Environment of ...... province) shall be responsible for supervising and inspecting the implementation of this Decision.

FORM NO.23

To:....................................

REPORT

ON MINERAL EXPLORATION (PROSPECTING) ACTIVITIES

I.General part:

1. Name of organisation or individual permitted to conduct mineral exploration (prospecting):...................................

2. Address:...................................

Tel:.............................;Fax:...................................

3.Licence No.:.......................issued on................;

Duration of the Licence: ......................months (.............years);

1. Names of minerals permitted to be explored (prospected):..........................

2. Location:..............village,.............commune,.............district,...............province;

3. Title of the exploration (prospecting) project:...................................

II.Amounts of exploration (prospecting) work and expenditures spent within 06 months (01 year), since date.........to date...........

I. Recommendations:

Organisation or individual

permitted to conduct mineral exploration (prospecting)

(Sign and affix seal)

FORM NO.24

To:....................................

REPORT

ON MINERAL MINING ACTIVITIES

.I. General part:

1. Name of organisation or individual permitted to conduct mineral mining:...................................

2. Address:...................................

Tel:.............................;Fax:...................................

3.Licence No.:.......................issued on................;

Duration of the Licence: ......................months (.............years);

4.Names of minerals permitted to be mined:..........................

5.Location:..............village,.............commune,.............district,...............province;

6.Total invested capital:........................(million VND);

II. Results of mining, perocessing operations within 06 months (01 year), since date.........to date...........

Mining operations

1. Mining method:.....................(openpit, underground);

2. Mining capacity as under the design and the factual capacity:........(kg, tonne, m3);

3. Quantity of products after being processed.........(kg, tonne, m3) (clearly indicate the amount of concentrates, washed coal, block stone, tabular stone, quarry stone, macadam, etc);

4. Quantity of associated products recovered:..............(kg, tonne, m3) ( clearly indicate type of associated minerals recovered);

5. Mining cost:.........(Dong, thousand Dongs/kg, tonne, m3);

6. Remaining reserves ( as of the time of reporting):............(kg, tonne, m3);

7. Loss ratio under design and fact:......%

8. Amount of products exported (if any):............(kg, tonne, m3);

9. Total turnover:...........(million VND);

10 Paying taxes to the State Budget (clearly indicate each tax item):............(million VND);

In which, Royalty:...........(million VND);

Processing oprations:

To be followed by Form No. 25

III. recommendations:

Organisation or individual

permitted to conduct mineral exploration (prospecting)

(Sign and affix seal)

Attached documents:

- Map of mining status

FORM NO.25

To:....................................

REPORT

ON MINERAL PROCESSING ACTIVITIES

I.General part:

1. Name of organisation or individual permitted to conduct mineral processing:...........................................................

2. Address:...........................................................

Tel:............................. ; Fax:...................................

3.Licence No.:.......................issued on................;

Duration of the Licence: ......................months (.............years);

4.Names of minerals permitted to be processed:..........................; output.........(kg,tonne,m3)/year;

5.Location where minerals are processed:....................................

II. Results of mineral perocessing operations within 06 months (01 year), since date.........to date...........

1. Quantity and grade of raw minerals to be processed:...............(kg, tonne, m3);

2. Quantity and grade of minerals after being processed (concentrates, washed coal, block stone, tabular stone, quarry stone, macadam, etc should be clearly indicated)....................

(kg, tonne, m3);

3.Quantity of by- products recovered:..............(kg, tonne, m3);

4. Loss ratio under design and fact:......%;

5. Amount of products exported and its market of exportation (if any):............(kg, tonne, m3);

6. Total turnover:...........(million VND);

7. Paying taxes to the State Budget (clearly indicate each tax item):............(million VND);

In which, Royalty:...........(million VND);

III. recommendations:

Organisation or individual

permitted to conduct mineral exploration (prospecting)

(Sign and affix seal)

FORM NO. 26.

To:....................................

REPORT

ON MINERAL ACTIVITIES

in the territory of .....province (city) within 06 months (01 year),

since date...................to date....................

I. SITUATION OF MINERAL PROSPECTING, EXPLORATION, MINING, AND PROCESSING.

1. Appraisal of situation of mineral prospecting and exploration

- Results achieved

- Difficulties and unsolved problems

- Table of synthetical data on mineral prospecting and exploration (to be made under Form No. 26a )

2. Appraisal of situation of mineral mining

- Results achieved

- Difficulties and unsolved problems

- Table of synthetical data on mineral mining (to be made under Form No. 26b )

3. Appraisal of situation of mineral processing

- Results achieved

- Difficulties and unsolved problems

- Table of synthetical data on mineral processing (to be made under Form No. 26b )

III. recommendations:

HEAD OF THE AGENCY

(sign and affix seal)

TABLE OF SYNTHETICAL DATA ON MINERAL EXPLORATION (PROSPECTING)

FORM No. 26a

TABLE OF SYNTHETICAL DATA ON MINERAL MINING (PROCESSING)

FORM No. 26b