Nghị quyết 103/NQ-CP

RESOLUTION

ON THE PROMULGATION OF THE GOVERNMENT’S ACTION PROGRAM FOR MATERIALIZATION OF THE POLITICAL BUREAU’S RESOLUTION NO. 02/NQ-TW OF APRIL 25, 2011, ON STRATEGIC ORIENTATIONS FOR MINERALS AND MINING INDUSTRY THROUGH 2020, WITH A VISION TOWARD 2030

THE GOVERNMENT

Pursuant to the December 25, 2011 Law on Organization of the Government;

Pursuant to the Political Bureau’s Resolution No. 02/NQ-TW of April 25, 2011, on strategic orientations for minerals and mining industry through 2020, with a vision toward 2030;

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

RESOLVES:

Article 1. To promulgate together with this Resolution the Government’s action program for materialization of the Political Bureau’s Resolution No.02/NQ-TW of April 25, 2011, on strategic orientations for minerals and mining industry through 2020, with a vision toward 2030.

Article 2. This Resolution takes effect on the date of its signing.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Resolution.

THE GOVERNMENT’S ACTION PROGRAM

FOR MATERIALIZATION OF THE POLITICAL BUREAU’S RESOLUTION NO. 02/NQ-TW OF APRIL 25, 2011, ON THE STRATEGIC ORIENTATIONS FOR MINERALS AND MINING INDUSTRY THROUGH 2020, WITH A VISION TOWARD 2030
(Promulgated together with the Government’s Resolution No. 103/NQ-CP of December 12, 2011)

I. OBJECTIVES

To identify major tasks of central and local state administrative agencies for materialization of the Political Bureau’s Resolution No. 02/NQ-TW of April 25, 2011, on strategic orientations for minerals and mining industry through 2020, with a vision toward 2030, aiming to boost the sustainable development of the country’s mining industry.

II. TASKS

1. Disseminating the law on minerals

To organize the dissemination and thorough study of the Political Bureau’s Resolution No. 02/NQ-TW and the mineral law among central and local state management agencies in charge of minerals; at the same time, to disseminate and educate about the mineral law to organizations and individuals involved in mineral activities as well as the people, aiming to quickly realize Resolution No. 02/NQ-TW and the 2010 Mineral Law.

2. Enhance the effect and effectiveness of the state management of minerals

a/ To perfect the legal system on minerals

- In the first quarter of 2012, to finalize the decree detailing the implementation of the Mineral Law; the decree on auction of mining rights; and the mineral strategy through 2020, with a vision toward 2030;

- In the second quarter of 2012, to finalize the decree providing the sanctioning of administrative violations in the field of minerals.

b/ To review, adjust, supplement and/or formulate master plans for baseline geological surveys of minerals in accordance with the 2010 Mineral Law;

c/ To review and evaluate the implementation of the approved mineral master plans. To amend, supplement, formulate and submit to the Prime Minister for approval mineral master plans in accordance with the 2010 Mineral Law;

d/ To organizationally consolidate central and local state management agencies in charge of minerals; to increase personnel and investment in physical foundations and equipment in order to raise the mineral state management capacity at all levels; to intensify inspection and examination of mineral activities; to strictly handle violators;

e/ To regularly monitor, supervise and evaluate the implementation of legal documents on minerals and their positive and negative impacts on socio- economic development, and propose amendments and supplementations thereto.

3. Renewing mineral-related mechanisms and policies

a/ Mechanisms and policies on investment in science and technology for baseline survey, exploration, exploitation and processing of minerals

- To encourage and prioritize the application of advanced technologies to the survey and exploitation of deep-lying and marine minerals, and the exploitation and processing of important minerals;

- To deploy the “technology renewal and modernization in the mining industry” research program;

- To promote foreign investment in mineral processing projects, particularly minerals requiring high technologies in association with environmental protection;

- To formulate preferential policies for enterprises investing overseas in the exploration and exploitation of minerals, aiming to supply minerals and mineral products for domestic industries;

- To formulate policies on training and employment of personnel satisfying the requirements of state management of minerals and baseline geological survey of minerals.

b/ Financial mechanisms and policies

- To concentrate state resources or baseline geological survey of minerals in the mainland, seas and islands of Vietnam;

- To develop mechanisms and policies on state budget investment and organizations’ and individuals’ investment in baseline geological survey of minerals. To adopt a mechanism of refunding of expenses for baseline geological survey and mineral exploration paid by the State from budget funds. To adopt a mechanism to attract all economic sectors at home to invest in baseline geological survey of minerals;

- To further renew financial policies applicable to mineral activities; to promptly and rationally adjust taxes, tax brackets, and tax, fee and charge tariffs related to mineral exploitation, processing and export with a view to increasing state budget revenues from important minerals, in order to harmonize the interests of the State, enterprises and local inhabitants in mining places; to refrain from exporting crude minerals. To support investment in the renewal of mining and processing technologies, aiming to economically use minerals; to improve, restore and protect the environment;

- Annually, localities shall draw up plans to include funds in local state budget estimates for the protection of untapped minerals.

c/ Policies on mineral reserve and export

- In 2012, to complete the zoning of areas banned or temporarily banned from mining; the zoning of areas not opened for auction of mining rights, and national mineral reserve areas;

- To forecast demands, evaluate domestic capacity and capability for mineral exploitation and processing according to planning periods in order to work out rational exploitation master plans and plans, mainly meeting domestic consumption demand in each period;

- To export only products processed from minerals of high economic value, with regard to minerals of large deposits;

- To review proposals for adjustment of exploitation outputs of some minerals toward prioritizing domestic consumption.

d/ Policies on protection of untapped minerals, maintenance of defense and security, preservation of landscape, historical and cultural relics and the environment

- To develop and finalize in 2012 mechanisms and policies to protect untapped minerals;

- To conduct a general assessment of and propose solutions to mitigate negative impacts of mining activities and mineral processing on the environment and living habitats.

4. Developing the mining industry

- To formulate and perform as scheduled the tasks to achieve the objectives of Resolution No. 02/NQ-TW on baseline geological survey of minerals;

- To organize the realization, inspection and assessment of the implementation of mineral master plans;

- To plan and build consolidated mining and processing zones, creating products of high economic value, with regard to minerals of large deposits such as titanium, zirconium, bauxite, rare earth, chromite, apatite, lead, zinc, white limestone and glass sand. For other minerals, to plan and build processing plants suitable to the potential of each type of mineral.

III. ORGANIZATION OF IMPLEMENTATION

1. Based on the tasks defined in the action program and their respective assigned functions and tasks, ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial- level People’s Committees shall organize the implementation.

2. Ministers, heads of ministerial-level agencies, heads of government- attached agencies and chairpersons of provincial-level People’s Committees shall focus on their direction, intensify inspection and urge the implementation of this action program; and annually report thereon to the Prime Minister.

3. The Minister of Natural Resources and Environment shall base on his/her assigned functions, tasks and powers to monitor and urge the implementation by ministries, sectors and localities; periodically report on and propose to the Government and the Prime Minister necessary measures to ensure the effective and coordinated realization of the Program.-

LIST

OF TASKS ACCOMPANYING THE GOVERNMENT’S ACTION PROGRAM FOR MATERIALIZATION OF THE POLITICAL BUREAU’S RESOLUTION NO.02/NQ-TW, ON THE STRATEGIC ORIENTATIONS FOR MINERALS AND MINING INDUSTRY THROUGH 2020, WITH A VISION TOWARD 2030
(Promulgated together with the Government’s action program in Resolution No. 103/NQ-CP of December 22, 2011)