Nghị định 15/2012/ND-CP

Decree No: 15/2012/ND-CP of March 09, 2012, stipulation in detail the implementation of some articles of the Mineral Law

Decree No: 15/2012/ND-CP stipulation in detail the implementation of some articl đã được thay thế bởi Decree 158/2016/ND-CP on guidelines for the Law on Mineral và được áp dụng kể từ ngày 15/01/2017.

Nội dung toàn văn Decree No: 15/2012/ND-CP stipulation in detail the implementation of some articl


GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No: 15/2012/ND-CP

Ha Noi, March 09, 2012

 

DECREE

STIPULATION IN DETAIL THE IMPLEMENTATION OF SOME ARTICLES OF THE MINERAL LAW

Based on the Law on the Organization of the Government dated December 25, 2001;

Based on the Mineral Law No. 60/2010/QH12 dated November 17, 2010;

At the proposal of the Minister of Natural Resources and Environment;

The Government promulgates the Decree stipulating in detail some articles of the Mineral Law

Chapter 1.

GENERAL REGULATION

Article 1. Scope of adjustment

This Decree stipulates in detail the clause 5 and clause 7 of Article 3; Clause 4 of Article 7; Clause 3 of Article 10; Article 24; Clause 2 of Article 27; Clause 3 of Article 30; Clause 2 of Article 36; Clause 2 of Article 39; Clause 3 of Article 40; point dd Clause 1 of Article 42; Clause 4 of Article 43; Article 44; Clause 4 of Article 48; Clause 1 of Article 49; Clause 3 of Article 50; Clause 3 of Article 53; point c and dd of Clause 1 of Article 55, Clause 3 of Article 60; Clause 4 of Article 66; Clause 3 of Article 71; Clause 2 of Article 75; Clause 3 of Article 77; Clause 2 of Article 78 of the Mineral Law No. 60/2010/QH12.

2. The regulations on the principles, conditions and procedures for auction of the mineral exploitation right do not belong to the scope of adjustment of this Decree.

Article 2. Conditions and standards for mineral export.

1. The Ministry of Industry and Trade has presided over and coordinated with the Ministry of Natural Resources and Environment, the relevant Ministries and departments to build and promulgate the lists, conditions and standards for exporting kinds of mineral, except for the ones used as the constructional materials.

2. The Ministry of Construction has presided over and coordinated with the Ministry of Natural Resources and Environment, the relevant Ministries and departments to build and promulgate the lists and conditions and standards for exporting of mineral used as the constructional materials.

Article 3. Reimbursing the costs of geological baseline survey of mineral, costs of mineral exploration

1. The information of geological baseline survey of mineral that the organizations and individuals must reimburse the costs when using it is the information for assessing the mineral potential.

2. The reimbursement of the costs to assess the mineral potential and explore the mineral is executed by the following principles:

a) In case the information on assessing the mineral potential and exploring the mineral possessed by the State, the organizations and individuals using the information must reimburse the State the invested costs. The costs to be reimbursed are defined based on the quantity of work, work items performed and the current unit price.

In case the organizations and individuals have reimbursed the State budget for the amount of money invested for the mineral potential assessment, mineral exploration then the reimbursement of costs is carried out as prescribed at point c of this clause.

b) The organizations and individuals that are permitted to explore the mineral by fund from the State budget are not entitled to supply and transfer the information on the mineral exploration result to the other organizations and individuals except for the case to supply to the competent authorities as prescribed by the Ministry of Natural Resources and Environment.

c) In case the information on assessing the mineral potential, mineral exploration invested by the organizations and individuals, the reimbursement of invested costs is carried out on the principle of an agreement between the organizations and individuals that have invested with the organizations and individuals using the information.

For the information on assessing the mineral potential, mineral exploration invested by the organizations and individuals in the section of mineral activities whose licenses are revoked, returned or expired their right of priority to propose the grant of the mineral exploitation License. In case parties cannot reach an agreement by themselves of the costs to reimburse then the State bodies that have the competence to grant License as prescribed in the clause 1, clause 2 Article 82 of the Mineral Law (hereafter called the State competent authority of licensing) shall decide the invested costs to be reimbursed in the principle prescribed at point a of this clause.

3. The imbursement of costs of geological baseline survey of mineral, costs of mineral exploration is carried out before the organizations and individuals receive the mineral exploration License, the mineral exploitation License.

4. The Ministry of Finance presides over and coordinates with the Ministry of Natural Resources and Environment for the guidance of specifying the costs of returnable geological baseline survey of mineral, costs of mineral exploration, the mode and procedure of reimbursement; regulation on collection regime, control, use of costs of mineral potential assessment, mineral exploration invested by the State.

Article 4. Use of information on mineral potential assessment, mineral exploration and exploitation

1. The organizations and individuals that are entitled to use the information on the mineral exploration invested by themselves or use the information on the mineral potential assessment, mineral exploration and exploitation belonging to the State possession have been reimbursed the costs as prescribed in the Article 3 of this Decree are entitled to transfer and inherit to serve the mineral activities in accordance with the regulation of the law.

2. After 06 months since the day the mineral exploration License expires but the organizations and individuals that are permitted to explore do not submit to the competent authority for approval of the mineral reserves or if the mineral reserves were approved but they have not sumitted the dossiers for mineral exploitation License then the State competent authority are entitled to supply the information on the mineral in that area to the other organizations and individuals for their use. The organizations and individuals that use the information have the responsibility to reimburse the exploration costs as prescribed at point c, clause 2, Article 3 of this Decree.

Article 5. The state investment for mineral exploration and exploitation

1. The State makes investment for exploring and exploiting some kinds of important mineral to serve the objectives of national defense and security or economic and social mission as presribed in clause 5, Article 3 of the Mineral Law

2. On the basis of the mineral planning approved, based on the demand serving the objectives of national defense and security or economic and social mission, the Ministry of Natural Resources and Environment presides over and coordinates with the Ministry of Planning and Investment, Ministry of Finance and the relevant Ministries and departments to evaluate and submit to the Governmental Prime Minister for the approval of the projects of mineral exploration and exploitation performed by capital from the State budget.

Article 6. Toxic mineral

1. The toxic mineral include radioactive mineral, mercury, arsenic, asbestos; mineral containing radioactive or toxic elements that when exploited can release into the environment the radioactive or toxic substances that exceed the level of Vietnamese technical standard.

2. The Ministry of Natural Resources and Environment is responsible for investigating, assessing and determining the level of influence and proposing the solutions to prevent the impact of toxic minerals to the environment of the area and the local people where the toxic minerals exist; notifying the provincial People’s Committee where the toxic minerals exist to organize the control and protection as prescribed.

3. The provincial People’s Committee where the toxic minerals exist is responsible for deployment of executing the solutions to prevent the negative impacts of the toxic minerals to the environment of the area and the local people; organizing the control and protection of the toxic minerals in the local area as prescribed.

Article 7. Report of the mineral activity result

1. Report of the mineral activity result cosists of:

a) Report of the mineral exploration and exploitation activity.

b) Report of the situation of the State management on the mineral and the mineral activity in the scope of centrally provinces and cities.

c) Report of the situation of the State management on the mineral and the mineral activity in the nation-wide scope

2. The reporting regulation on the mineral activity is stipulated as follows:

a) Periodical report is made once a year. The reporting period is calculated from 01 January to the end of 31 December of the reporting year.

b) Besides the reporting regulation stated at the point a this clause, when required from the State management organ over the mineral, the organizations and individuals who are permitted to conduct the mineral activities must irregularly report on the situation of mineral activities.

3. The responsibility to submit the report of the mineral activity result is specified as follows:

a) At latest after 05 working days from the last day of reporting period, the organizations and individuals are permitted to conduct the mineral activities must submit the report as prescribed at the point a clause 1 of this Article to the Department of Natural Resources and Environment where the mineral activities are conducted.

For the organizations and individuals that conduct the mineral activities under the License which is granted under the competence of the Ministry of Natural Resources and Environment, besides submitting the report to the Department of Natural Resources and Environment where the mineral activities are conducted, that report is also submitted to the General Department of Geology and Minerals.

b) At latest after the 15 days from the last day of reporting period, the Department of Natural Resources and Environment will make report as prescribed at point b clause 1 of this Article to present the provincial People’s Committee in order to send to the Ministry of Natural Resources and Environment and one copy of the report is sent to the Department of Industry and Trade, Department of Construction to coordinate the management.

c) At latest after the 30 days from the last day of reporting period, the General Department of Geology and Minerals will make report as prescribed at point c clause 1 of this Article to submit to the Ministry of Natural Resources and Environment in order to report to the Governmental Prime Minister and send the copy of the report to the Department of Industry and Trade, Department of Construction to coordinate in management.

4. The Ministry of Natural Resources and Environment specifies the form of report of mineral activity result as prescribed in clause 1 of this Article.

Chapter 2.

MINERAL PLANNING, GEOLOGICAL BASELINE MINERAL SURVEY, MINERAL AREA

Article 8. Making and submitting for approval of the planning of mineral

1. Responsibility for making in order to submit to the Prime Minister for approval of the mineral planning prescribed in clause 3, Article 10 of the Mineral Law is 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 preside over to make the planning of exploration, exploitation, 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, exploitation, 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. Collecting opnions and coordinating during the process of making the mineral planning:

a) 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.

b) The presiding organ that make the mineral planning must collect opnions from the concerned organs as stipulated in clause 1, Article 15 of the Mineral Law for the draft of planning before sumitting to the Governmental Prime Minister. Within the period of 30 days after the day receiving the written opnions from the presiding organs, the organs being asked for opinion have the responsibility to respond in writing.

Article 9. Planning for exploration, exploitation and use of minerals in the centrally provinces and cities

1. Planning for exploration, exploitation and use of minerals in the central provinces and cities as stipulated in clause 3, 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 ground of mines closed down.

2. The making of the planning for exploration, exploitation and use of minerals in centrally provinces and cities must ensure the following principles:

a) To be consistent with the mineral strategy, mineral planning as stipulated at point b and point c, clause 1, Article 8 of this Decree.

b) To be consistent with the overall planning of socio-economic development at the provincial level; ensuring the security and national defense in the area.

c) To ensure the exploitation and use of minerals rationally, economically and efficiently to serve the current needs, while having calculation for the scientific and technological development and mineral demand in the future.

d) To protect the environment, natural landscape, cultural and historical monuments, famous landscape and other natural resources.

3. The basis for making the planning for exploration, exploitation 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 b and c, clause 1, Article 8 of this Decree.

c) The mineral demand in the planning period.

d) The scientific and technological progress in the exploration and exploitation of minerals

e) Result of execution of the previous period planning.

4. Planning for exploration, exploitation 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, exploitation, process and use of minerals in the local area.

b) Assessing the result of execution of the previous period planning.

c) Determining the direction and objectives for exploration, exploitation and use minerals in the planning period.

d) The restricted area for mineral activities, temporarily restricted areas for mineral activities

dd) Zoning in detail the mining areas, the kind of mineral need to be invested for exploration and exploitation and the progress of exploration and exploitation. The area for exploration and exploitation 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, exploitation capacity, conditions on the exploitation technology.

g) The solution and progress for organizing the implementation of the planning.

5. The provincial People’s Committee organizes to make, approve and publicly announce the planning of exploration, exploitation and use of the minerals in centrally provinces and cities after the planning is passed by the People’s Council at the same level.

Article 10. Investment for the geological baseline survey of mineral with the capital of the organizations and individuals

1. Encouraging the organizations and individuals to participate in investing the geological baseline survey of mineral; except for the geological baseline survey of mineral of coal, uranium, thorium or the survey area that lies in the national border belt.

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 the geological baseline survey of mineral under the incentive category to participate in investment with the capital of the organizations and individuals in order to submit to the Governmental Prime Minister for approval.

3. The organizations and individuals participating in investing the basic geological survey of mineral must meet the following conditions:

a) Being qualified as prescribed in clause 1, Article 34 and clause 1, Article 51 of the Mineral Law.

b) Having enough funds to carry out the whole project of the geological baseline survey of mineral.

c) The implementation of the project of the geological baseline survey of mineral must be supervised by the General Department of Geology and Minerals through the process of implementation.

4. The Ministry of Natural Resources and Environment is responsible for:

a) Posting the list of projects of geological baseline surveys of mineral under the category of investment incentives on the website of the Ministry after approval.

b) Promulgating the regulations on monitoring the process of implementation of the projects for geological baseline surveys of mineral.

c) Presiding over and coordinating with the Ministry of Planning and Investment, Ministry of Finance for the guidance of the procedure to contribute and manage the investment capital of organizations and individuals.

Article 11. Zoning the area having small-scale and dispersed minerals

1. The area where the minerals exist (except for the ones used as general constructional materials, peat coal, toxic minerals, mineral water, natural hot water) is zoned to be the area having small-scale and dispersed minerals and when meeting the criterion as stipulated in clause 2 of this Article.

2. The zoning of area with small-scale and dispersed minerals as stipulated in clause 2, Article 27 of the Mineral Law must meet the criterion as folllows:

a) Not lying in the area where the mineral activities are prohibited, the areas where the mineral activities are temporarily prohibited; the national mineral reserves areas.

b) The minerals found scatter indenpendently with small-scale reserves or estimated resources; the minerals lie in the mineral exploitation area where there is a decision on closing the mine as stipulated in clause 2, Article 73 of the Mineral Law and the reserves and estimated resources are small-scale as stipulated in the Appendix promulgated with this Decree.

c) Not having any sign of the other minerals discovery besides the ones explored or assessed on the mineral potential.

3. The Ministry of Natural Resources and Environment is responsible for zoning and promulgating the areas having small-scale and dispersed minerals as stipulated in clause 1 and clause 2 of this Article.

Based on the reality at the locality, the provincial People’s Committee may propose the Ministry of Natural Resources and Environment to zone and announce that the area has small-scale and dispersed minerals.

Article 12. Criterion for zoning the area in which the mineral exploitation right is not subject to auction

The zoning of area where the minerals exist and is the area in which the mineral exploitation right is not subject to auction as stipulated in clause 2, Article 78 of the Mineral Law when it belongs to one of the following cases:

1. The mineral area ensuring the energy security includes: coal, uranium and thorium.

2. The area having limestone, claystone used as raw materials for cement production or the minerals are adjusted additives for cement production that are identified as the raw materials for the cement plant projects; the area where the minerals exist is identified as the raw materials for the intensive mineral processing plant projects that was approved in the principle by the Governmental Prime Minister.

3. The mineral area located in the national boder belt, the strategic area of the national defence.

4. The area that has the projects for work construction investment as stipulated at point b, clause 1, Article 65 of the Mineral Law

5. The mineral area that is used as the general constructional materials determined for exploitation to supply the raw material to serve the maintenance and repairment of the technical infrastructure works.

6. The area of mineral activities where the mineral exploration and exploitation in that area are limited as stipulated at point a, clause 2, Article 26 of the Mineral Law.

7. The area of mineral activities that the competent state management organ has granted the mineral exploitation License, the mineral exploitation License before 01 July 2011.

8. The other cases will be decided by the Governmental Prime Minister.

Chapter 3.

REGULATION ON THE MINERAL ACTIVITY

SECTION 1. MINERAL EXPLORATION

Article 13. Selecting the organizations and individuals in order to grant the mineral exploration License in the area where the mineral exploitation right is not subject to auction.

The selection of the organizations, individuals in order to grant the mineral exploration License in the area where the mineral exploitation right is not subject to auction as stipulated in clause 1, Article 36 of the Mineral Law is implemented as follows:

1. In case the notice period comes to an end as stipulated at point a, clause 1, Article 35 of this Decree and there is only one organization or individual submitting dossiers to propose the mineral exploitation then that organization or individual is selected to be granted the mineral exploration License when meeting conditions as stipulated in clause 1, Article 34 and point b, point c, Article 40 of the Mineral Law.

2. In case the notice period comes to an end as stipulated at point a, clause 1, Article 35 of this Decree and there are 02 organizations, individuals or more than meeting conditions as stipulated in clause 1, Article 34 and point b, point c, Article 40 of the Mineral Law to submit dossier for mineral exploration proposal then the organization or individual is selected to be granted the mineral exploration License when meeting at most the following conditions:

a) At the point of time to consider the dossier, having the equity capital that occupies the largest percentage compared with the total investment capital to execute the project of survey.

b) Being the organizations, individuals that have participated in the capital of the geological baseline survey of mineral in the area where the mineral exploration License is expected to be granted.

c) Having a commitment that after the exploration is having result, will exploit and use the mineral to serve the domestic production needs in accordance with the mineral planning that has been approved.

3. In case the organizations and individuals that propose the grant of the mineral exploration License meet the conditions as stipulated in clause 2 of this Article, then the organizations and individuals that submit dossier in advance based on the time specified in the dossier receipt will be selected to be granted the mineral exploration License.

Article 14. Conditions for the business household to explore the mineral for use as the general constructional materials

The business household which is stipulated in clause 2, Article 34 of the Mineral Law shall be granted the mineral exploration License for use as the general constructional materials once meeting conditions as follows:

1. Being selected by the provincial People’s Committee as stipulated in the Article 13 of this Decree or having won the auction of the mineral exploitation right in the area where the mineral hasnot been explored; having contract with the organization that is qualified for the practice of mineral exploration as stipulated in clause 1, Article 35 of the Mineral Law in order to implement the exploration project.

2. Having the exploration project appropriate with the planning of exploration, exploration and use of mineral of centrally provinces and cities existing minerals

3. Having the equity capital that occupies at least 50% of the total investment capital for carrying out the project of mineral exploration.

4. The area of exploration area must not exceed 01 ha.

Article 15. Transfer of the mineral exploration right

1. Conditions for the transfer of the mineral exploration right:

a) The organizations, individuals that receive the transfer must meet enough conditions as stipulated in clause 1, Article 34 of the Mineral Law; if not qualified for the practice of mineral exploration, there must be a contract signed with the organization that is qualified the practice of mineral exploration as stipulated in clause 1, Article 35 of the Mineral Law in order to keep executing the exploration project.

b) By the time of transfer, the organizations, individuals that make the transfer have completed all obligations prescribed at the points b, c, d and e, Clause 2 of Article 42 and Clause 3, Article 43 of the Mineral Law and regulations in the mineral exploration License.

c) At the time of transfer, there is no dispute on the rights and obligations relating to the exploration activities.

d) The organizations and individuals that propose transfer have submitted complete dossiers for transferring the mineral exploration right to the dossier receiving organ once the mineral exploration License is still valid for at least 90 days.

2. The transfer of the mineral exploration right must be made by the contract between the assignor and the assignee. The contents of the transfer contract must clearly indicate the number and volume of work items, exploration costs that have been made by the time of transfer; the liability between the parties while performing the work and obligations after the transfer.

3. The time for settling the transfer dossier of the mineral exploration right is 45 days maximumly, from the date the dossier receiving organ has a written receiving notice.

In case the proposal of transfer is not approved by the competent authority then the organizations and individuals that are transferred are entitled to carry out the mineral exploration License or return it.

4. The organizations and individuals that make a transfer or receive a transfer of the mineral exploration right must carry out the obligations on tax, charge and fee as prescribed by the law.

Article 16. Further exploring reserves in the mineral exploitation area

1. The organizations and individuals that are permitted to exploit the mineral when further exploring the mineral reserves from the reserves with the low geological research level up to the reserves with higher geological research level or when further exploring from the resource level up to the reserves level in the area where there is permission to exploit the mineral without making any procedure for the proposal of the mineral exploration License.

2. When further exploring the mineral reserves, the organizations and individuals that are entitled to exploit the minerals are responsible for:

a) Announcing the program, plan and volume of further exploring work to the competent licensing state management organ as prescribed in Article 82 of the Mineral Law before implementation.

b) In case not being qualified for the practice of mineral exploration, must contract with the organizations and individuals that meet enough conditions as prescribed in clause 1, Article 35 of the Mineral Law to carry out work of further exploring.

c) When finishing the further exploration of reserves, submit the exploration result to the State competent authority as prescribed in clause 1, Article 49 of the Mineral Law.

Article 17. Renewal of mineral exploration License

1. The organizations and individuals that propose the renewal of mineral exploration License are considered for renewal when meeting the following conditions:

a) Having submitted complete dossier for the renewal of mineral exploration License to the dossier receiving organ when the mineral exploration License is still valid for at least 45 days, in which clearly explaining the reason for the renewal proposal.

b) At the time for the renewal proposal, the volume of work items under the granted mineral exploration License has not completed yet or there is a change on the geological structure; method of exploration compared with the approved exploration project.

c) By the time for the renewal proposal, the organizations and individuals that are granted the mineral exploration License have carried out the obligations as prescribed at point b, c, d, dd and e, clause 2, Article 42 of the Mineral Law.

2. In case the mineral exploration License has expired but the dossier for renewal proposal are being verified by the competent state authority, the organizations and individuals are allowed to continue executing the exploration work to the renewal point of time or having response in writing that the License is not renewed.

Article 18. Change on exploration method and exploration volume

1. In case there is a change on the exploration method or exploration volume with the cost of more than 10% of the estimated cost in the approved exploration project, the organization and individuals that have permission of exploration must submit report explaining the reason for the change to:

a) The Department of Natural Resources and Environment where there are activities of mineral exploration in case the mineral exploration License is under the competence of licensing from the provincial People’s Committee.

b) The General Department of Geology and Minerals in case the mineral exploration License is under the competence of licensing from the Ministry of Natural Resources and Environment.

2. In a period not exceeding 10 working days after receiving an explanation report from the organizations and individuals as prescribed in clause 1 of this Article, the Department of Natural Resources and Environment, the General Department of Geology and Minerals under their authority are liable to verify dossier and relevant documents, including on-site verification when necessary to report to the competent authority of granting the exploration License to considern and approve change of the exploration method or the exploration volume. In case of disapproval, there must be a response in writing stating the reasons.

Article 19. Surveying on scene and taking samples on the ground to select the area for making the project of mineral exploration.

1. The organizations and individuals that have needs for survey on-scene and sample taking to select the area for making the project of mineral exploration must submit document attached to the program, survey planning, taking sample to the provincial People’s Committee where the estimated mineral exploration is conducted.

2. In a period not exceeding 10 days from the day of receiving the proposal in writing from the organizations and individuals mentioned in clause 1 of this Article, the provincial People’s Committee has a written notice on the approval or disapproval. In case of disapproval, there must be a response in writing stating the reasons.

SECTION 2. EVALUATION AND APPROVAL OF MINERAL RESERVES

Article 20. Organization and operation of the National Council for Evaluation of Mineral Reserves

1.The National Council for Evaluation of Mineral Reserves as prescribed at point a, clause 1, Article 49 of the Mineral Law consists of: Chairman of the Council is the Minister of Natural Resources and Environment, Vice Chairman of the Council is the Deputy Minister of Natural Resources and Environment and the Council members are decided by the Governmental Prime Minister on the basis of the proposal of the Minister of Natural Resources and Environment and the relevant Ministries and departments.

The members of the National Council for Evaluation of Mineral Reserves work on a plurality basis and by the Regulations on the operation of the Council promulgated by the Chairman of the Council.

2. The National Council for Evaluation of Mineral Reserves whose office is located at the Ministry of Natural Resources and Environment to assist the Council. The organization and operation of the the National Council for Evaluation of Mineral Reserves Office is decided by the Chairman of the National Council for Evaluation of Mineral Reserves

3. The National Council for Evaluation of Mineral Reserves is responsible for evaluating and approving the reserves in the report of mineral exploration result that belong to the licensing competence of the Ministry of Natural Resources and Environment.

The evaluation content of the report of mineral exploration result and the approval of the mineral reserves in the report of mineral exploration result is carried out in accordance with the regulations in Article 22 of this Decree.

Article 21. Evaluation and approval of mineral reserves under the licensing competence of the provincial People’s Committee

1. The provincial People’s Committee is responsible for evaluating the report of mineral exploration result and approving the mineral reserves in the report of mineral exploration result under the licensing competence as prescribed in clause 2, Article 82 of the Mineral Law. The content of evaluating mineral exploration result and approving the mineral reserves in the report of mineral exploration result are carried out as prescribed in Article 22 of this Decree.

2. The Department of Natural Resources and Environment presides over and coordinates with the relevant state management organs to evaluate the exploration result report and present the provincial People’s Committee for approval of the reserves in the report of mineral exploration result as prescribed in clause 1 of this Article.

3. In necessary case, the provincial People’s Committee decides to establish the technical consulting Council including some members who are representatives of the relevant state management organs and some experts who have intensive profession in the field of mineral exploration in order to evaluate the report of mineral exploration result before submitting it for approval mineral reserves under the licensing competence.

Article 22. The content of evaluation of the mineral exploration result report and approval of reserves in the mineral exploration report

1.The content of evaluation of the mineral exploration result report includes:

a) Legal basis, base for report making

b) The result of executing the volume of explorated works; interpreting the target to calculate the mineral reserves; the method of zoning and connecting and calculation of mineral reserves compared with the project of mineral exploration that has been evaluated and the content of the mineral exploration License.

c) The reliability on the reserves, content and quality of the main mineral and useful mineral accompanied.

d) The reliability on conditions of the hydro-geological, the geology of works relating to the feasibility of the mineral exploitation

2. The content of reserves approval in the report of mineral exploration result

a) Name of the mineral and the administrative location of the mineral exploration area.

b) The geological reserves of the main mineral; the geological reserves of all minerals accompanied (if any).

c) The use scope of the exploration result report.

SECTION 3. EXPLOITING MINERAL AND CLOSING MINERAL MINE

Article 23. Conditions for the business household to exploit the mineral for use as the general constructional materials, and mineral exploitation salvage

The business household as prescribed in clause 2, Article 51 of the Mineral Law is granted the mineral exploitation License for use as the general constructional materials, the License for the mineral salvage exploitation when meeting the following conditions:

1. Having the project of mineral exploration investment in the area explored and approved the reserves consistent with the planning of exploration, exploitation and use of mineral in the provinces and cities where the mineral exist. The project of mineral exploration investment must have a plan to use specialized manpower with the appropriate equipment, technology and exploration method.

2. Having the commitment to protect the environment certified in accordance with the regulations of the law concerning the environmental protection.

3. Having the equity capital that occupies at least 30% of the total investment capital of the project of the mineral exploitation investment.

4. The scale of exploitation capacity does not exceed 3,000 m3 of the original mineral products / year.

Article 24. Transfer of the mineral exploitation right

1. Conditions for transfer of the mineral exploitation right:

a) The organizations and individuals that receive the transfer are qualified as prescribed in clause 1, Article 51 and clause 2, Article 53 of the Mineral Law.

b) By the time of transfer, the organizations and individuals that have permission of mineral exploitation have finished work as prescribed in clause 1, Article 66 and the obligations as prescribed at points a, b, c, d, e and g, clause 2, Article 55 of the Mineral Law.

c) The area where there is permission of exploitation has no dispute over the rights and obligations concerning the mineral activities.

d) The organizations and individuals proposing the transfer have submit complete dossier to the dossier receiving organ when the mineral exploitation License is still valid for at least 90 days

2. The content of transfer of mineral exploitation right is made by the contract between the assignor and the assignee with the main content as follows:

a) The real state of quantity, volume, value of exploitation work, technical infrastructure invested and built; situation of financial obligation performance of the organizations and individuals that make transfer by the time of signing the contract of transfer.

b) The responsibility of the organizations and individuals receiving the transfer for the continuity of work performance, unfisnished obligations of the organizations and individuals that make transfer by the time of signing the transfer contract.

c) Other relevant rights and obligations of the organizations and individuals that make transfer and the organizations and individuals receiving the transfer as prescribed.

3. The time limit for settlement of the transfer dossier of the mineral exploitation is 45 days maximumly, from the day of having the receipt in written of the dossier receiving organ.

In case the transfer proposal isnot approved by the licensing competent authority, then the organizations and individuals that make transfer are allowed to continue the performance of the mineral exploitation License or return the mineral exploitation License.

4. The organizations and individuals that make transfer and receive transfer of mineral exploitation right must carry out the obligations on tax, charge and fee as prescribed by the law.

Article 25. Renewal of mineral exploration License, the License of mineral salvage exploitation

1. The organizations and individuals that exploit minerals are renewed the mineral exploitation License, the License of mineral salvage exploitation when meeting the following conditions:

a) Having submitted complete dossier for the renewal of mineral exploitation License, the License of mineral salvage exploitation to the dossier receiving organ when the mineral exploitation License is still valid for at least 45 days and when the License of mineral salvage exploitation is still valid for at least 15 days; in which stating the explanation of the reason for renewal proposal

b) Having the report of mineral exploitation activity result in which clearly demonstrate that up to the time of renewal proposal, the mineral reserves in the exploitation area hasnot been exploited up yet under the mineral exploitation License.

c) To the time of renewal proposal, the organizations and individuals that are granted License have completed the obligations as prescribed at points a, b, c, d, dd, e and g, clause 2, Article 55 of the Mineral Law.

d) Having completely performed the obligations of the environmental protection, using land, water and technical infrastructure in the mineral activities in accordance with regulation of the law concerning mineral and the relevant law.

dd) At the time of renewal proposal, the next plan for the mineral exploitation must comply with the mineral planning approved as prescribed at point c or point d, clause 1, Article 10 of the Mineral Law.

2. Renewal of mineral exploitation License, the License of mineral salvage exploitation is the renewal of the time for the right of mineral exploitation performance of the organizations and indiduals on the basis of the remaining mineral reserves that are permitted to exploit by the renewal time without any change of capacity allowed to exploit. In case to increase the exploitation capacity, the organizations and indiduals exploiting mineral must make the investment project of improving or expanding; making program for approval of the environmental impact assessment report or undertake to protect the environment as prescribed. When renewing the mineral exploitation License, the exploitation area can be adjusted in accordance with the remaining mineral rserves, but not exceeding beyond the scope of area that is licenseed exploitation

3. In case the mineral exploitation License, the License of mineral salvage exploitation are expired but the dossier for renewal proposal are being considered by the state competent authority then the organizations and indiduals that are exploiting minerals are allowed to continue their mineral exploitation under the License to the renewal time or until there is a written notice that the License is not renewed.

Article 26. Evaluating the project of the mineral mine closing

1. The Ministry of Natural Resources and Environment, the provincial People’s Committee under the competence prescribed in clause 1 and clause 2, Article 82 of the Mineral Law, organize the evaluation the project of the mineral mine closing before making decision to close it down.

2. The evaluation content of the project of the mine closing consists of:

a) Reason for closing the mine

b) The real state, quantity, volume and safety degree of the mining works, including the waste ground of mine by the time of closure.

c) The volume of mineral that have been exploited in fact, the remaining mineral reserves in the area where there is permission to exploit mineral by the time of closure.

d) Volume of work and method of closing the mine, the measurement of protecting mineral not yet been exploited; the solutions to ensure the safety for the exploitation work site after the closure; including the waste grounds of the mine; measurement for relevant soil recovery and environment

e) The volume and progress of work performance of the project and the time for the completion of the mine closing.

Chapter 4.

LICENSING PROCEDURES OF MINERAL ACTIVITIES AND APPROVAL OF MINERAL RESERVES AND MINE CLOSING

SECTION 1. DOSSIER RECEIVING ORGAN, FORM OF RECEIVING AND RETURNING RESULT

Article 27. The dossier receiving organ of the licensing dossier for the mineral activities, dossier for the approval of the mineral reserves, dossier for the closure of the mineral mine

The dossier receiving organ of the dossier for mineral activities licensing; dossier for approval of the mineral reserves, dossier for closing the mineral mine prescribed as follows:

1. The General Department of Geology and Minerals is the dossier receiving organ for the dossier for mineral activities licensing; dossier for closing the mineral mine under the competence of licensing of the Ministry of Natural Resources and Environment.

2. The National Council for Evaluation of Mineral Reserves office is the dossier receiving organ of the dossier for approving the mineral reserves in the report of mineral exploration result under the mineral exploration License belonging to the licensing competence of the Ministry of Natural Resources and Environment.

3. The Department of Natural Resources and Environment is the dossier receiving organ of the dossier for the mineral activities licensing, dossier for approval of the mineral reserves in the report of mineral exploration result, dossier for closing the mineral mine under the licensing competence of the provincial People’s Committee.

Article 28. Form of receiving and returning the result of dossier for mineral activities licensing, dossier for approval of the mineral reserves, dossier for closing the mineral mine

1. The dossier for mineral activities licensing, dossier for closing the mineral mine are directly submitted or sent via post to the dossier receiving organ as prescribed in clause 1 and clause 3, Article 27 of this Decree.

The dossier for approval of the mineral reserves is directly submitted to the dossier receiving organ as prescribed in clause 2 and clause 3, Article 27 of this Decree.

2. The time for settling the dossier is prescribed in clause 2, Article 48, clause 2, Article 50, clause 2, Article 60 and clause 2, Article 71 of the Mineral Law is calculated from the date the dossier receiving organ has a written receipt notice.

3. The result returning is directly carried out at the dossier receiving organ

SECTION 2. FORM OF DOCUMENT IN DOSSIER

Article 29. Dossier for issuance, renewal, returning of license, returning of one part of mineral exploration area, transfer of mineral exploration right

1. The document in the dossier for mineral exploration licensing proposal as prescribed in clause 1, Article 47 of the Mineral Law is made into 01set in the form as follows:

a) The original: Application for mineral exploration license; the map of mineral exploration area; project of mineral exploration.

b) The original or the certified copy: The commitment to protect the environment for the case of toxic mineral exploration; document certifying auction winning in case of auctioning the mineral exploitation right in the area where the mineral exploration have not yet carried out; the certificate of business registration; decision on establishing representative office, branch in Vietnam in case of foreign enterprises; document from the bank where the organizations and individuals register transactional account confirming on the equity capital as prescribed at point c, clause 2, Article 40 of the Mineral Law.

2. The document in the dossier for the renewal of mineral exploration License as prescribed in clause 2 Article 47 of the Mineral Law is made into 01 set in the form as follows:

a) The original: Application for renewal of mineral exploration License; report of mineral exploration result performed to the time of the renewal proposal and the plan for the next mineral exploration; the map of mineral exploration area.

b) The original or the certified copy: the documents of the obligation performance relating to the exploration activities by the time of the proposal for the renewal of mineral exploration License.

3. The document in the dossier for returning the mineral exploration License or returning one part of mineral exploration area as prescribed in clause 3, Article 47 of the Mineral Law is made into 01 set in the form as follows:

a) The original: Application for returning the mineral exploration License or returning one part of mineral exploration area; the mineral exploration License; report of mineral exploration result performed by the time of returning proposal; the map of mineral exploration area, the plan for the next mineral exploration in case of returning one part of the exploration area.

b) The original or the certified copy: the documents of the obligation performance relating to the exploration activities by the time of the returning proposal.

4. The document in the dossier for transferring the mineral exploration right as prescribed in clause 4, Article 47 of the Mineral Law is made into 01 set in the form as follows:

a) The original: Application for transferring the mineral exploration right, contract for transferring the mineral exploration right; report of mineral exploration result by the time of the proposal for the transfer of the mineral exploration right.

b) The original or the certified copy: the documents demonstrating the organizations and individuals that make transfer have completed obligations as prescribed at points b, c, d and e, clause 2, Article 42; clause 3, Article 43 of the Mineral Law; certificate of business registration of the organizations, individuals receiving the transfer of mineral exploration right; decision on establishing representative office, branch in Vietnam in case the organizations and individuals receiving the transfer are foreign enterprises.

Article 30. The dossier for approval of the mineral reserves

The document in the dossier for approval of the mineral reserves as prescribed in clause 1, Article 50 of the Mineral Law is made into 01 set in the form as follows:

1. The orginal: Application for approval of mineral reserves; report of mineral exploration result, the appendices, drawing and the concerned original documents; appendix of interpreting the temporary target of mineral reserves calculation; the takeover test record of volume and quality of the mineral exploration works already built of the organizations and individuals that are granted the License to explore the minerals.

2. The original or the certified copy: The project of mineral exploration evaluated and the mineral exploration Licese.

3. The data of the document as prescribed in clause 1 of this Article is recorded in CD (01 set)

Article 31. Dossier for granting, renewal, returning of the mineral exploitation License, returning one part of mineral exploitation area, transfer of mineral exploitation right

1. The document in the dossier for the proposal of mineral exploitation licensing as prescribed in clause 1, Article 59 of the Mineral Law is made into 01 set in the form as follows:

a) The original: Application for granting the mineral exploitation License; map of mineral exploitation area; project of mineral exploitation investment attached to the approval decision.

b) The original or the certified copy: The decision on the mineral reserves approval of the State competent authority; document certifying auction winning in case of auctioning the mineral exploitation right in the area where there was exploration result; Certificate of investment; Report on environmental impact assessment attached to the decision of approval or the commitment of environmental protection together with certificate of the competent state management organ; certificate of business registration; document certifying the equity capital as prescribed at point c, clause 2, Article 53 of the Mineral Law.

2. The document in dossier for the renewal of mineral exploitation License as prescribed in clause 2 Article 59 of the Mineral Law is made into 01 set in the form as follows:

a) The original: Application for the renewal of mineral exploitation License; the map of the mining status at the point of time of the renewal; report of exploitation activity result by the time of the renewal proposal.

b) The original or the certified copy: The documents demonstrating the complete performance of obligations as prescribed at points a, b, c, dd, e and g, clause 2, Article 55 of the Mineral Law by the time of the renewal proposal

3. The document in dossier for returning the mineral exploitation License or one part of surface of the mineral exploitation area as prescribed in clause 3 Article 59 of the Mineral Law is made into 01 set in the form as follows:

a) The original: Application for returning the mineral exploitation License or one part of the mineral exploitation area; the map of the mining status at the point of time of the returning proposal; the mineral exploitation License, report of mineral exploitation result by the time of returing proposal; the project of closing the mine in case of returning the mineral exploitation License.

b)The original or the certified copy: The documents demonstrating the complete performance of obligations as prescribed at points a, b, c, dd, e and g, clause 2, Article 55 of the Mineral Law by the time of returning proposal.

4. The document of the dossier of the mineral exploitation right transfer as prescribed in clause 4, Article 59 of the Mineral Law is made into 01 set in the form as follows:

a) The original: Application for transfer of mineral exploitation right; contract for transfer of mineral exploitation right attached to the list of value of the transferred property; the map of the mining status at the point of time of transfer proposal; report of mineral exploitation result to the time of the transfer proposal of the mineral exploitation right.

b) The original or the certified copy: The documents demonstrating the complete performance of obligations as prescribed at points a, b, c, dd, e and g, clause 2, Article 55 of the Mineral Law by the time of transfer of the organizations and individuals that make transfer; certificate of business registration, certificate of investment of the organizations and individuals receiving the transfer of mineral exploitation right

Article 32. Dossier for granting, renewal, returning of License of mineral salvage exploitation

1. The document in the dossier for granting the license of mineral salvage exploitation as prescribed in clause 1, Article 70 of the Mineral Law is made into 01 set in the form as follows:

a) The original: Application for granting the License of mineral salvage exploitation; map of mineral salvage exploitation area; project of mineral exploitation investment attached the approval decision.

b) The original or the certified copy: Certificate of investment, report on environmental impact assessment attached to the approval decision or the commitment to protect the environment together with the confirmation of the competent state management organ; certificate of business registration;

2. The document in the dossier for the License of mineral salvage exploitation as prescribed in clause 2, Article 70 of the Mineral Law is made into 01 set in the form as follows:

a) The original: Application for renewal proposal of the License of mineral salvage exploitation; report on mineral salvage exploitation result by the time of the renewal proposal.

b) The original or the certified copy: The documents demonstrating the complete performance of obligations as prescribed at points a, b, c, dd, e and g, clause 2, Article 55 of the Mineral Law by the time of the renewal proposal.

3. The document in the dossier for returning the License of mineral salvage exploitation as prescribed in clause 3, Article 70 of the Mineral Law is made into 01 set in the form as follows:

a) The original: Application for returning the License of mineral salvage exploitation; report on mineral salvage exploitation result by the time returning the License; the project of the mine closing.

b) The original or the certified copy: The documents demonstrating the complete performance of obligations as prescribed at points a, b, c, dd, e and g, clause 2, Article 55 of the Mineral Law by the time of the returning proposal.

Article 33. Dossier for closure of the mineral mine

1. The dossier component for closing the mineral mine as prescribed in Article 73 of the Mineral Law includes:

a) Application for the mineral mine closure

b) Project of the mineral mine closure

c) The status map of the mineral mine closing area

d) The documents demonstrating the complete performance of obligations relating to the mineral exploitation by the time of closing the mineral mine.

2. The document in the dossier for closing the mineral mine as prescribed in clause 1 of this Article is made into 01 set in the form as follows:

a) The original: Application for closing the mineral mine; the mineral exploitation License; project of closing the mineral mine; the status map of the mineral mine closing area by the time of the closure proposal

b) The original or the certified copy: The documents demonstrating the complete performance of obligations as prescribed at points a, b, c, dd, e and g, clause 2, Article 55 by the time of the mine closing proposal.

Article 34. Form of document in the dossier for mineral activity licensing, dossier for approval of the mineral reserves, dossier for closure of the mineral mine.

1. The document in the dossier for mineral activity licensing, dossier for approval of the mineral reserves, dossier for closing the mineral mine; the forms: the mineral exploration License, the mineral exploitation License, the decision on mineral reserves approval, the decision on the project of mineral mine closing proposal and decision on closing the mineral mine are made under the unique form nationwide.

2. The Ministry of Natural Resources and Environment promulgates the forms of documents as prescribed in clause 1 of this Article.

SECTION 3. ORDER OF PROCEDURE IMPLEMENTATION

Article 35. Order of the procedure for mineral exploration licensing

1. The dossier receiving for granting the mineral exploration License in the area with no auction of the mineral exploitation right is implemented as follows:

a) When receiving the dossier from the first organization or individual having need of mineral exploration, the dossier receiving organ will publicly announce the name of the organization or individual, name of the kind of mineral and location of area suggesting the mineral exploration at head office of organ and on the website of the licensing competent authority.

The time for receiving and announcing on the dossier for the mineral exploration proposal of the other organizations and individuals is 30 days, from the day of receiving the dossier for mineral exploration proposal of the first organization or individual.

b) When the time stated at the point a of this clause is over, the dossier receiving organ doesnot receive any dossier and conduct the selection organizations, individuals in order to grant the mineral exploration as prescribed in clause 2, Article 13 of this Decree.

The time for selecting organizations, individuals in order to grant the mineral exploration License is 05 working days, from the expiry day of notice as prescribed at point a of this clause.

c) When the time regulated at the point b of this clause, in case having selected the dossier of the organization or individual to grant the exploration license, the dossier receiving organ issues a written notice and publicly announces the name of the selected organization or individual at head office of organ and on the website of the competent authority to grant license.

For the organizations and individuals that are not selected to grant the mineral exploration License, the dossier receiving organ is responsible for noticing in writing to the organizations and individuals proposing the mineral exploration for the reason not being selected.

2. The receiving of dossier for the mineral exploration proposal of the organizations and individuals that win the auction of the mineral exploitation right in the area where the mineral hasnot been explored is implemented as follows:

a) The organizations and individuals that win the auction of the mineral exploitation right submit the dossier for the mineral exploration proposal to the dossier receiving organ.

b) In a period not exceeding 02 working days, the dossier receiving organ is responsible for verifying the documents in the dossier. In case the documents meet the conditions in the clause 1, Article 47 of the Mineral Law and the clause 1, Article 29 of this Decree then the dossier receiving organ issues a document of the dossier receiving.

3. In case the dossier for the mineral exploration proposal hasnot complete documents as prescribed or has enough but the content of the documents in the dossier is not in accordance with the regulation of the law, the dossier receiving organ makes a guidance in writing for the organizations and individuals that propose the mineral exploration for supplementing and completing dossier. The guidance, request of supplement and completion of dossier from the dossier receiving organ is made only one time.

4. Evaluation of dossier for the mineral exploration proposal

In a period not exceeding 55 days, from the day there is a written notice of the dossier receiving, the dossier receiving organ is reponsible for completing the following tasks:

a) Checking the coordinates, the area proposed for mineral exploration, including on-site verification.

b) Submitting document to the relevant organs concerning the area proposed for mineral exploration in case prescribed in clause 3, Article 48 of the Mineral Law.

In a period not exceeding 20 days from the day receiving the document asking for the opinion from the dossier receiving organ, the organ consulted is reponsible for responding in writing the concerned problems. After the time limit above mentioned without any written response, the case seems to be approved by the organ consulted.

c) Oganizing the evaluation of the project of the mineral exploration before submission for granting the mineral exploration License by the order prescribed in the Article 36 of this Decree.

5. The submission for granting the mineral exploration License is made as follows:

a) In a period not exceeding 21 days from the day of completing the tasks as prescribed in clause 4 of this Article, the dossier receiving organ is responsible for completing and submitting the dossier for the exploration licensing to the State organs that have the competence to grant the License.

b) In a period not exceeding 07 working days from the day of receiving the dossier from the dossier receiving organ, the state organ that has the competence to grant License will decide on granting or non-granting the mineral exploration Licence. In case of non-granting there must be a written response clearly stating the reason.

6. Returning of the dossier for the mineral exploration Licence

In a period of 07 working days from the day of receiving the dossier for granting the mineral exploration Licence from the licensing competent state authority, the dossier receiving organ will notify the organizations and individuals that propose to be granted the exploration Licence in order to receive the result and carry out the relevant obligations as prescribed.

Article 36. The evaluation order of the mineral exploration project

1. The evaluation order of the mineral exploration project that belonging to the licensing competence of the Ministry of Natural Resources and Environment is made as follows:

a) In a period not exceeding 20 days from the day there is written notice of dossier receiving, the dossier receiving organ will send the project of exploration to get opinions from some experts of spcialized field. The time for giving out opinions from the experts will not exceed 10 working days from the time receiving the proposal from the dossier receiving organ.

b) In a period not exceeding 05 working days from the day of receiving the consulting opinion from the experts, the dossier receiving organ is responsible for generalizing all opinion and enclosing with the dossier for the mineral exploration proposal to the Chairman of the Council for evaluation of the mineral exploration project as prescribed in clause 3 of this Article (hereafter called the Council of evaluation)

c) In a period not exceeding 15 days, from the day of receiving the dossier for the mineral exploration proposal, together with the opinions of the experts, the Chairman of the evaluation Council will decide on organizing the meeting of the Council of evaluation.

d) In a period not exceeding 05 working days from the day ending the meeting, the dossier receiving organ must complete the minutes of meeting of the evaluation Council. In case of supplement and adjustment to perfect the project or the project of mineral exploration must be made again, the dossier receiving organ will send a written notice clearly stating the reason for the disapproval of the project or the contents that need supplementing and perfecting the project attached to the minutes of meeting of the evaluation Council.

The time for the organizations and individuals proposing to be granted the license of exploration, to add, perfect and re-make of the project of mineral exploration will not be included in the period of the mineral exploration project evaluation.

2. The evalution order of the project of mineral exploration under the licensing comptence of the provincial People’s Committee is made as follows:

a) In a period not exceeding 20 days from the day there is written notice of dossier receiving, the dossier receiving organ will send the project of exploration to get opinions from some experts of specialized field. The time for giving out opinions from the experts will not exceed 10 working days since receiving the proposal from the dossier receiving organ.

b) In a period not exceeding 05 working days from the day receiving the opinions of the experts, the dossier receiving organ is responsible for generalizing all opinion and enclosing with the dossier for the mineral exploration proposal to the provincial People’s Committee.

c) In a period not exceeding 20 days from the day of receiving the dossier for the mineral exploration proposal attached to the opinions of the experts, the provincial People’s Committee will decide on the approval of the content of the project of mineral exploration in order to grant license or establish the evaluation Council in the necessary case.

In case of supplementing and adjusting the project of mineral exploration based on opinion of the provincial People’s Committee or of the evaluation Council, the dossier receiving organ will send written notice clearly stating the reason of disapproval of the project or of the contents that need to supplement and perfect the project of mineral exploration.

The time for the organizations and individuals propose to be granted the license to add, perfect and re-make of the project of mineral exploration will not be included in the period of the mineral exploitation project evaluation.

3. The Ministry of Natural Resources and Environment stipulates the organization and operation of the Council for evaluation of the mineral exploration project.

Article 37. Order of the procedure for mineral exploitation licensing

1. The dossier receiving for granting the mineral exploitation License is made as follows:

a) The organizations and individuals that propose to be granted the mineral exploitation License submit the dossier for exploitation proposal to the dossier receiving organ.

b) In a period not exceeding 02 working days, the dossier receiving organ is responsible for verifying the documents in the dossier. In case the documents in the dossier are in the right accordance with regulation prescribed in clause 1, Article 59 of the Mineral Law and clause 1, Article 31 of this Decree, the dossier receiving organ issues a written notice of the receiving. In case the dossier for the mineral exploitation proposal hasnot complete documents as prescribed or has enough but the content of the documents in the dossier is not in accordance with the regulation of the law, then the dossier receiving organ makes a guidance in writing for the organizations and individuals that propose the mineral exploitation for supplementing and completing dossier. The guidance, request of supplement and completion of dossier from the dossier receiving organ is made only one time.

2. Valuating the dossier for granting the mineral exploitation Lincense

a) In a period not exceeding 25 days from the day there is a written notice of the dossier receiving, the dossier receiving organ is reponsible for checking the coordinates, the area that proposed for mineral exploitation and on-site verification.

b) In a period not exceeding 05 days from the day of completing the tasks as prescribed at point a of this clause, the dossier receiving organ will send document to ask for opinion to the relevant organs concerning the grant of the mineral exploitation License in accordance with the regulation at point c, clause 2, Article 60 of the Mineral Law.

In a period not exceeding 20 days from the day receiving document asking for the opinion from the dossier receiving organ, the consulting organ is reponsible for replying in writing the concerned problems. After the time limit above mentioned without any written response, it seems to be approved by the consulting organ.

c) n a period not exceeding 35 days, the dossier receiving organ must complete the evaluation of the documents and other content relating to the mineral exploitation and specify the charge for granting the mineral exploitation right

3. The submission for dossier of granting the mineral exploitation License is made as follows:

a) In a period not exceeding 05 working days from the day of completing the tasks as prescribed in clause 2 of this Article, the dossier receiving organ is responsible for completing and submitting the licensing dossier to the State organs that have the competence to grant the License.

b) In a period not exceeding 07 working days from the day of receiving the dossier from the dossier receiving organ, the state organ that has the licensing competence will decide on the approval or disapproval of granting the mineral exploitation Licence. In case of disapproval, there must be a written response clearly stating the reason.

4. Notifying and returning the result of the dossier for the mineral exploitation Licence

In a period not exceeding 15 days from the day of receiving the dossier from the licensing competent authority, the dossier receiving organ will notify the organizations and individuals that propose to be granted the mineral exploitation Licence in order to receive the result and carry out the relevant obligations as prescribed.

Article 38. Order of the licensing procedure for the License of mineral salvage exploitation

1. The dossier receiving for granting the License of mineral salvage exploitation is made as follows:

a) The organizations and individuals that propose to be granted the License of mineral salvage exploitation submit the dossier for exploitation proposal to the dossier receiving organ.

b) In a period not exceeding 02 working days, the dossier receiving organ is responsible for verifying the documents in the dossier. In case the documents meet the conditions in the clause 1, Article 70 of the Mineral Law and the clause 1, Article 32 of this Decree then the dossier receiving organ issues a written notice of the receiving.

In case the dossier for the mineral exploitation proposal hasnot complete documents as prescribed or has enough but the content of the documents in the dossier is not in accordance with the regulation of the law, the dossier receiving organ makes a guidance in writing for the organizations and individuals for supplementing and completing dossier. The issuance of guidance document, request of supplement and completion of dossier from the dossier receiving organ is made only one time.

2. Evaluation of dossier for granting the License of mineral salvage exploitation

a) In a period not exceeding 5 working days, from the day there is a written notice of the dossier receiving, the dossier receiving organ is reponsible for checking the coordinates, the area proposed for mineral salvage exploitation and on-site verification

b) In a period not exceeding 15 days, the dossier receiving organ must complete the evaluation of the documents and other content relating to the area proposed for mineral salvage exploitation.

3. The submission for dossier of granting the License of mineral salvage exploitation is made as follows:

a) In a period not exceeding 2 days from the day of completing the tasks as prescribed in clause 2 of this Article, the dossier receiving organ is responsible for completing and submitting the licensing dossier to the licensing competent State organs.

b) In a period not exceeding 05 working days from the day of receiving the dossier from the dossier receiving organ, the licensing competent state organ will decide on the approval or disapproval of granting the License of mineral salvage exploitation. In case of disapproval, there must be a written response clearly stating the reason.

4. Returning the result of dossier of mineral salvage exploitation licensing:

In a period of 03 working days from the day of receiving the dossier for the mineral salvage exploitation licensing from the licensing competent authority to grant license, the dossier receiving organ will notify the organizations and individuals that propose to be granted the License of mineral salvage exploitation in order to receive the result and carry out the relevant obligations as prescribed.

Article 39. Order of the procedure for renewal, transer, returning one part of the area, returning the mineral exploration License, the mineral exploitation Lincense; renewal and returning the License of mineral salvage exploitation

1. The receiving of dossier is made as follows:

a) The organizations and individuals proposing the renewal, transfer, returning one part of the area, returning the mineral exploration License, the mineral exploitation License; renewal, returning of the License of mineral salvage exploitation shall submit the dossier to the dossier receiving organ.

b) In a period not exceeding 02 working days, the dossier receiving organ is responsible for verifying the documents in the dossier. In case the documents are in accordance with the regulation then the dossier receiving organ issues a document of the receiving.

In case the dossier hasnot complete documents as prescribed or has enough but the content of the documents in the dossier is not in accordance with the regulation of the law, the dossier receiving organ makes guidance in writing for the organizations and individuals to supplement and complete the dossier. The guidance, request of supplement and completion of dossier from the dossier receiving organ is made only one time.

2. The evaluation of the dossier is made as follows:

a) In a period not exceeding 05 working days, from the day there is a written notice of the dossier receiving, the dossier receiving organ is reponsible for checking the coordinates, the area proposed for the renewal, transfer, returning one part of the area, returning the mineral exploration License, the mineral exploitation License; not execeeding 03 days for the case of renewal; returning of the License of mineral salvage exploitation including on-site verification.

b) In a period not exceeding 30 working days, the dossier receiving organ must complete the evaluation of the documents and other content relating to the renewal, transfer, returning one part of the area, returning the mineral exploration License, returning the mineral exploitation License; not execeeding 05 working days for the case of renewal; returning of the License of mineral salvage exploitation.

3. Submitting the dossier to the licensing competent authority:

a) In a period not exceeding 2 working days from the day of completing the tasks as prescribed in clause 2 of this Article, the dossier receiving organ is responsible for completing and submitting the dossier to the licensing competent State organs.

b) In a period not exceeding 5 working days from the day of receiving the dossier from the dossier receiving organ, the licensing competent state organ will decide on the approval or disapproval of the renewal, transfer, returning one part of the area, returning the mineral exploration License, returning the mineral exploitation License; not execeeding 03 working days for the case of renewal, returning of the License of mineral salvage exploitation. In case of disapproval, there must be a response in writing clearly stating the reason.

4. Returning the result of dossier settlement

In a period not exceeding 3 working days from the day of receiving the dossier from the licensing competent state organ, the dossier receiving organ will notify the organizations and individuals that propose the renewal, transfer, returning one part of the area, returning the mineral exploration License, returning the mineral exploitation License; not execeeding 02 working days for the case of renewal, returning of the License of mineral salvage exploitation.

Article 40. Order of implementing the procedure for the approval of the mineral reserves

1. Receiving the dossier for the approval of the mineral reserves:

a) The organizations and individuals submit the dossier for the mineral reserves the approval directly at the head office of the receiving organ as prescribed in clause 2 and 3, Article 27 of this Decree.

b) In a period not exceeding 02 working days, the dossier receiving organ is responsible for verifying the dossier. In case the documents meet the conditions in the clause 1, Article 50 of the Mineral Law and article 30 of this Decree then the dossier receiving organ will notify the organizations and individuals proposing the approval of the reserves to make the charge payment for evaluation of the mineral reserves as prescribed. The dossier receiving organ issues a document of the dossier receiving right after the organizations and individuals complete their obligations of payment of the charge for evalution and approval of the mineral reserves.

In case the dossier hasnot complete documents as prescribed or has enough but the content of the documents in the dossier is not in accordance with the regulation of the law, the dossier receiving organ makes guidance in writing for the organizations and individuals to supplement and complete the dossier. The guidance and request of supplement and completion of dossier from the dossier receiving organ is made only one time.

2. The verification of the report of the mineral reserves is made as follows:

a) In a period not exceeding 30 days, from the day there is a written notice of the dossier receiving, the dossier receiving organ is reponsible for checking all dossiers, documents and reports; on-site verification at the mineral exploration area, sample of drill core, ditch, well in necessary case.

b) In a period not exceeding 60 days from the day of completing work specified at point a of this clause, the dossier receiving organ will send the report of exploration result to the experts of specialised fields to get their opinions on the relevant content in the report of mineral exploration. The time for response from the experts will not exceed 20 days from the time receiving the proposal from the dossier receiving organ.

c) In a period not exceeding 30 days from the day of completing work specified at point b of this clause, the dossier receiving organ is reponsible for generalizing the experts’ opinions and preparing dossier and documents to present the National Council for Evaluation of Mineral Reserves or the provincial People’s Committee for consideration and decision.

In case the report does not meet requirement to submit to the National Council for Evaluation of Mineral Reserves or the provincial People’s Committee, the dossier receiving organ will give written notice clearly stating the reason for the organizations and individuals proposing the approval of the mineral reserves to supplement and perfecting the report attached to the written comment opinion from the experts.

The time for the organizations and individuals to perfect the report of mineral reserves is not included in the time of report evaluation.

3. The evaluation of the report of mineral exploration result and approval of the mineral reserves in the exploration report is made as follows:

a) In a period not exceeding 30 days from the day of completing the work content as prescribed at the point c, clause 2 of this Article, the Chairman of the National Council for Evaluation of Mineral Reserves will organize the Council meeting; the provincial People’s Committee will decide to establish the technical consulting Council or not as prescribed in clause 2, Article 21 of this Decree.

b) In a period not exceeding 5 working days after the end of the meeting of the National Council for Evaluation of Mineral Reserves, the technical consulting Council, the dossier receiving organ must complete the minutes of the Council meeting. In case of supplementing and adjusting for perfecting the report of the mineral exploration based on the opinion of the National Council for Evaluation of Mineral Reserves, the technical consulting Council, the provincial People’s Committee, the dossier receiving organ will send written notice clearly stating the content that needs supplementing and perfecting enclosed with the minutes of the Council meeting.

The time for organization, the individuals proposing the approval of additional reserves, perfecting the report of mineral exploration isnot included in the time for report evaluation

c) In the period not exceeding 15 days, from the day of receiving the report of exploration result that is supplemented and perfected of the organizations and individuals proposing the approval of the reserves, the dossier receiving organ will submit to the competent authority to approve the reserves as prescribed in clause 1, Article 49 of Mineral Law.

d) In the period not exceeding 5 working days, from the day of receiving dossier for approval of the mineral reserves from the dossier receiving organ, the competent authority that approves the mineral reserves promulgates the decision on the approval of the mineral reserves in the report of the mineral exploration.

4. Returning the result of the mineral reserves approval

In a period of 5 working days from the day of receiving the dossier from the comptent authority to approve the mineral reserves, the dossier receiving organ will notify the organizations and individuals that propose the approval of reserves to come and receive the result and carry out the other relevant obligations

Article 41. Responsibility of the provincial People’s Committee in the coordination to evaluate and license the mineral activities

1. In case areas banned from mineral activities, areas temporarily banned from mineral activities are not approved as prescribed, before licensing the mineral activities under the competence, the Ministry of Natural Resources and Environment only get opinions in writing from the provincial People’s Committee where the minerals exist, about the area estimated for licensing the mineral activities relating or not relating to the areas banned from mineral activities, the areas banned temporarily from mineral activities.

2. At latest within 20 days from the day of receiving the written comments as prescribed in clause 1 of this Article, the provincial People's Committee will respond in writing to the Ministry of Natural Resources and Environment.

Chapter 5.

MINERAL FINANCE

Article 42. Charge for licensing the mineral exploitation right

The Ministry of Natural Resources and Environment will preside over and coordinate with the Ministry of Finance to stipulate the method of calculation, mode of collection, regulation on management and use of the charge for granting the mineral exploration.

Article 43. Fund for basic geological surveys of mineral

1. The fun for basic geological surveys of mineral is implemented as prescribed in clause 1, Article 21 of the Mineral Law and is added from the amount from the cost reimbursing of basic geological survey of mineral, cost of mineral exploration, charge for licensing the mineral exploitation right

2. The Ministry of Finance will preside over and coordinate with the Ministry of Natural Resources and Environment to stipulate the funding supplement for the task of geological baseline surveys of mineral as prescribed in clause 1 of this Article.

Chapter 6.

PROVISION OF EXECUTION

Article 44. Transitional provision

1. For the dossiers that propose the approval for licensing the mineral activities, being legally qualified and received by the competent authority before 01 July 2011 as prescribed then they are settled down in the principle the organizations and individuals that are allowed for mineral activities must carry out the obligations as prescribed by the Mineral Law. The governmental Prime Minister has stipulated in detail on the transitional conditions and time.

2. Planning for the geological baseline surveys of mineral; planning for exploration, exploitation, processing and use of mineral approved as prescribed before the effect day of the Mineral Law are carried out until the planning for mineral as prescribed in the clause 1, Article 8 and Article 9 of this Decree is approved and announced by the competent authority as prescribed.

Article 45. Effect of execution

This Decree will take effect since April 25, 2012

Decree No. 160/2005/ND-CP dated 27 December, 2005 by the Government stipulating in detail and guiding the execution of the Mineral Law (year 1996) and of the Law amending and supplementing some articles of the Mineral Law (year 2005) and the Decree No. 07/2009/ND-CP dated 23 January 2009 by the Government amending and supplementing some articles of the Decree No. 160/2005/ND-CP dated 27 December, 2005 by the Government stipulating in detail and guiding the execution of the Mineral Law and the Law amending and supplementing some articles of the Mineral Law that has expired since 01 July 2011.

Article 46. Responsibility for Execution

1. The Ministry of Natural Resources and Environment is liable to preside over and coordinate with the relevant Ministries and departments to guide the execution of this Decree.

2. The Ministers, Heads of ministerial-level organs, Heads of governmental organs, Chairmans of provincial People's Committee and other relevant organizations and individuals are liable to execute this Decree. /. 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

APPENDIX

SCALE OF RESOURCES, RESERVES OF SMALL SCALE AND DISPERSED MINERAL BY GROUP/CATEGORY OF MINERAL

(Promulgated with Decree No. 15/2012/ND-CP dated March 09, 2012 by the Government)

No.

Group of mineral

Mineral type

Unit

Total reserves and estimated resources

1

 Fuel

Brown coal

Thousand ton

≤ 500

2

Coal, anthracite

Thousand ton

≤ 500

3

Iron and iron alloy

Iron ore

Thousand ton of ore

≤ 200

4

Mangano ore

Thousand ton of ore

≤ 200

5

Cromite ore

Thousand ton Cr2O3

≤ 40

6

 Molybdenite

Metal Ton

≤ 100

7

Wolfram

Metal Ton

≤ 50

8

Nickel

Metal Ton

≤ 500

9

General metal

Bismuth

Metal Ton

≤ 10

10

Antimonate

Thousand Ton of Metal

≤ 0.2

11

Copper

Thousand Ton of Metal

≤ 5

12

 Lead + Zinc

Thousand Metal Ton

≤ 5

13

Tin

Thousand Ton of Metal

≤ 0.1

14

Light metal

Laterite bauxite

Thousand Ton of fine ore

≤ 10,000

15

Deposit Bauxite

Thousand Ton of ore

≤ 500

16

Titan in original ore

Thousand Ton of TiO2

≤ 50

17

Titan in placer

Thousand Ton

≤ 20

18

Rare and precious metal

Original gold

Ton

≤ 0.5

19

 Placer gold

Ton

≤ 0.01

20

Industrial minerals

Apatite

Thousand Ton

≤ 1,000

21

Barite

Thousand Ton

≤ 5

22

Fluorite

Thousand Ton

≤ 3

23

Phosphorite

Thousand Ton

≤ 50

24

Serpentine

Thousand Ton

≤ 1

25

Fire-resistant argil

Thousand Ton

≤ 50

26

Dolomite

Thousand Ton

≤ 100

27

Felspath material

Thousand Ton

≤ 50

28

Quartzite

Thousand Ton

≤ 100

29

Magnesite

Thousand Ton

≤ 100

30

Kaolin clay

Thousand Ton

≤ 50

31

Glass sand

Thousand Ton

≤ 100

32

Diatomite

Thousand Ton

≤ 50

33

Graphite

Thousand Ton

≤ 10

34

Talc

Thousand Ton

≤ 5

35

White marble

Thousand Ton

≤ 500

36

Muscovite

Thousand Ton

≤ 1

37

Crystal quartz

Thousand Ton

≤ 2

38

Bentonite

Thousand Ton

≤ 10

39

Cement clay

Thousand Ton

≤ 5,000

40

Puzzolan

Million ton

≤ 1

41

Cement limestone

Million ton

≤ 20

42

Constructional marble

Thousand m3

≤ 1,500

43

Granite stone, marble

Thousand m3

≤ 500

 

 


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