Law on Geology and Minerals, No. 54/2024/QH15

LAW ON GEOLOGY AND MINERALS^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Geology and Minerals.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Law provides basic geological investigation and mineral-related geological investigation; protection of unexploited geological resources and minerals; mineral activities; recovery of minerals; processing of minerals; financial matters related to geology and minerals, and the auction of mining rights; state management of geology and minerals on the mainland and islands, in the internal waters, territorial sea, contiguous zone, exclusive economic zone and continental shelf of the Socialist Republic of Vietnam.

2. This Law does not regulate:

a/ Oil and gas; types of natural water other than natural mineral water or natural thermal water;

b/ Mineral processing activities not associated with mineral exploitation investment projects in order to be eligible for grant of mining licenses or salvage mining licenses.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Geology means forms of matter that constitute the earth and processes that take place in nature and arise from the earth’s evolution, as well as the topography, landscapes, and geological and environmental phenomena resulted from such natural processes.

2. Geological resources means forms of matter that are constituted from geological processes, exist in the earth or on the earth’s surface and are exploitable and usable by humans. They include minerals, geological sites, geological heritage, geothermal resources, positional resources, storage geological structures, and underground space.

3. Geothermal resources means thermal energy generated and existing in exploitable and usable geological formations and structures.

4. Positional resources means geological resources whose geographical locations bring about strategic economic, national defense, security or environmental advantages.

5. Storage geological structures means subsurface geological formations that are capable of storing and capturing all kinds of matter.

6. Geological site means a collection of signs and characteristics of geological activities of outstanding scientific, educational, aesthetic and economic values in a defined area on the earth’s surface or underground that are discovered and recorded in the course of geological investigation.

7. Geological heritage means one or more than one recognized or ranked geological site.

8. Geopark means a defined area with geological heritage, unique in culture, ecology and archaeology; with an area suitable for performing the functions of management, conservation, education, research, sustainable socio-economic development, and environmental protection.

9. Geological hazard means an abnormal natural phenomenon that is likely to cause damage to the environment, humans, property, living conditions and socio-economic activities. Geological hazards include earthquakes, volcanic activities, operational faults, landslides, and surface subsidence; land cracks; riverbank and coastal erosion; and pollution caused by minerals and toxic elements of natural origin.

10. Underground space means the range of distribution of underground geological features that are determined by the national coordinate system, area and depth on the basis of results of basic geological investigations.

11. Basic geological investigation means basic research and investigation of the structure, material components, history of formation and development of the earth’s crust, geological conditions, geological processes and bio-mineral laws in order to assess the potential of geological resources and the impacts of geological processes on socio-economic activities and humans, providing a scientific basis for orienting geological resource protection and management activities.

12. Mineral-related geological investigation means the determination of the scale, quantity and quality of each mineral or group of minerals according to the prospective geological structure on the basis of basic geological investigation for use as a scientific basis for orienting mineral exploration activities.

13. Minerals means useful minerals that are naturally accumulated in solid, liquid and gaseous forms and exist underground and on the ground, including also minerals in mine dumps.

14. Crude minerals means minerals that have been exploited/recovered and not yet been processed.

15. Associated minerals means minerals that can be exploited together with the main minerals and are economically efficient.

16. Strategic and important minerals means essential minerals serving sustainable socio-economic development and strengthening national defense and security.

17. Radioactive minerals means naturally occurring deposits of the uranium and thorium elements and related radioactive isotopes.

18. Toxic minerals means minerals containing one of radioactive elements, mercury, arsenic, lead, and asbestos minerals that, when exploited, used or stored, release into the environment radioactive or toxic substances exceeding the levels specified in Vietnam technical regulations.

19. Natural thermal water means natural water underground or on the ground in certain places that always has a temperature at its source complying with Vietnam standards or technical regulations or foreign standards permitted for application in Vietnam.

20. Natural mineral water means natural water underground or on the ground in certain places that has a composition, properties and a number of biologically active compounds complying with Vietnam standards and technical regulations or foreign standards permitted for application in Vietnam.

21. Mineral activities include mineral exploration, mineral exploitation and mine closure.

22. Mineral exploration means activities to determine mineral reserves and quality and other information serving mineral exploitation.

23. Mineral exploitation means activities to remove minerals from their natural formations, including capital construction of mines, excavation, pumping, separation, classification, enrichment and other related activities in mineral exploitation investment projects or mineral exploitation plans. Products of mineral exploitation activities are crude minerals.

24. Mineral processing means the process of treating and processing exploited minerals in a mineral exploitation investment project in order to increase the value of exploited crude minerals.

25. Mine closure means activities to restore the whole or part of the area where a mineral exploitation investment project is implemented to a safe state ensuring satisfaction of environmental protection requirements and optimization of the land use after exploitation.

26. Mineral recovery means combined activities to obtain minerals during the implementation of a work construction investment project or other activities under a plan approved by a competent state management agency.

27. Mining right licensing charge means a money amount payable to the State by an organization or individual conducting mineral exploitation in order to exercise the rights to exploit and recover minerals.

28. Exploitation capacity means the maximum amount of minerals or the maximum flow of natural mineral water or natural thermal water that can be exploited during a certain period of time under a mineral exploitation investment project or mineral exploitation plan and is specified in the mining license, salvage mining license or approval document of a competent state management agency.

29. Mineral resources means the amounts of minerals that are determined under mineral-related geological investigations or mineral explorations and meet the minimum requirements for exploitation or use in whole or in part at the present time or in the future. By the levels of geological research, feasibility study and economic efficiency, mineral resources are divided into different reserve grades and natural resource grades, and have different reliability levels.

30. Mineral reserves means amounts of mineral resources that have been explored and are projected to be exploitable under certain economic and technical conditions and bring about economic benefits at the time of assessment.

Article 3. The State’s policies on geology and minerals

1. The State shall adopt strategies, master plans and plans on geology and minerals to guarantee that geological resources and minerals are protected, exploited and used rationally, economically and efficiently, ensuring the country’s sustainable socio-economic development and national defense and security; promote the application of circular economy and green economy models in mineral activities and mineral processing.

2. The State shall invest in and organize basic geological investigations and mineral-related geological investigations under strategies, master plans and plans on basic geological and mineral investigations; human resources training and development, scientific research, and technology application and development in basic geological investigation and mineral-related geological investigation; and encourage organizations and individuals to invest in basic geological investigation and mineral-related geological investigation.

3. The State shall invest in and organize the exploration of strategic and important minerals and certain minerals of high economic value and great demand; decide on the non-auction of mining rights for areas with strategic and important minerals; and permit the exploration and exploitation of strategic and important minerals as agreed in inter-governmental agreements.

4. The State shall prioritize the allocation of budget funds and adopt policies to attract investment resources for basic geological and mineral investigations, focusing on the investigation and assessment of strategic and important minerals according to master plans and plans.

5. The State shall adopt policies on storage, export and import of minerals in each period in conformity with sustainable socio-economic development objectives and on the principle of prioritizing the supply of raw materials for domestic production.

6. Geological and mineral data shall be synchronously developed, managed in a centralized and uniform manner, and efficiently exploited and used.

7. The State shall promote international cooperation and support for the state management and training of human resources in the field of geology and minerals; sharing and use of geological and mineral data; and investment in mineral exploration and exploitation; and encourage organizations and individuals to invest in the research, transfer and application of advanced science and technology in the management, protection, exploration, exploitation and recovery of minerals.

8. The State shall ensure the harmony of interests among the State, organizations, individuals and people in localities where geological resources and minerals are exploited and used on the basis of regulating revenues from the exploitation and use of geological resources and minerals.

Article 4. Principles of basic geological investigation, mineral-related geological investigation and mineral activities

1. Basic geological investigation and mineral-related geological investigation must adhere to the following principles:

a/ Conformity with strategies, master plans and plans on basic geological and mineral investigations;

b/ Conformity with schemes, projects and tasks approved by competent state management agencies;

c/ Completeness and comprehensiveness of the investigations, based on the results of previous investigations and avoid overlaps;

d/ Technical methods used for the investigations must be suitable to geological objects and geological resources; conform with the objectives and tasks of the investigations; and comply with applicable standards, technical regulations and technical rules;

dd/ Synthetization, updating, compilation of sufficient statistics and inventory and timely provision of information on results of basic geological investigation and mineral-related geological investigation in service of socio-economic development, assurance of national defense and security, and prevention and control of geological hazards.

2. Mineral activities must adhere to the following principles:

a/ Conformity with strategies, master plans and plans related to mineral activities, except the cases specified at Point c, Clause 2, Article 67 and Point c, Clause 2, Article 73 of this Law; satisfaction of requirements on protection of the environment, natural landscapes, historical-cultural relics, scenic spots and other natural resources; assurance of national defense, security, social order and safety and disaster preparedness;

b/ Being licensed or approved in writing by competent state management agencies in accordance with this Law;

c/ Mineral exploration must fully assess the scale of natural resources, reserves and quality of minerals according to exploration schemes;

d/ Mineral exploitation must take socio-economic efficiency and environmental protection as basic criteria for making an investment decision; and apply advanced exploitation technologies suitable to the scale and characteristics of each mine and type of minerals so as to recover maximum minerals;

dd/ Priority shall be given to organizations and individuals that currently carry out lawful mineral exploitation activities to conduct deeper and expanded exploration activities without having to auction the mining rights in order to fully assess the whole bodies of minerals they have been licensed to exploit;

e/ Harmonization of benefits and sharing of risks among the stakeholders.

3. The Government shall specify the conditions and criteria for determining areas where deeper and expanded exploration activities may be carried out as specified at Point dd, Clause 2 of this Article.

Article 5. Principles of international integration and cooperation on geology and minerals

1. International integration and cooperation in basic geological research and investigation, mineral-related geological investigation, mineral activities and management of mineral activities shall be included in the overall national socio-economic development strategy in each period and the strategy for geology, minerals and mining industry;  must comply with the Constitution and laws of Vietnam, the Charter of the United Nations, and treaties to which the Socialist Republic of Vietnam is a contracting party, ensuring conformity with Vietnam’s foreign guidelines and policies; and must adhere to the principles of equal cooperation and mutual benefit on the basis of respect for independence, sovereignty and territorial integrity and non-interference in one another’s internal affairs.

2. International disputes over geology and minerals shall be settled through peaceful means in accordance with international practices, international law and laws of related parties.

Article 6. Grouping of minerals

1. Based on their uses and management purposes, minerals shall be classified into:

a/ Group-I minerals, including metal minerals; energy minerals; gemstones, semi-precious stones; and industrial minerals;

b/ Group-II minerals, including minerals used as materials in the construction industry for the production of cement, tiles, sanitary ware, construction glass, paving stones, fine-art stones, industrial lime, and refractory materials;

c/ Group-III minerals, including minerals used as common building materials, except those specified at Points b and d of this Clause; peat, mineral mud, natural mineral water and natural thermal water;

d/ Group-IV minerals, including minerals only suitable for use as materials for leveling and embanking foundations, building hydraulic structures, and for disaster preparedness, including clay, hilly land, land bearing other names; soil mixed with stone, sand, pebble or gravel; and sand (except sand and gravel in riverbeds, lake beds and sea areas).

2. The Government shall specify the list of minerals by group; and stipulate the grouping of multiple-use minerals.

Article 7. Protection of unexploited and unused geological resources and unexploited minerals

1. Unexploited and unused geological resources and unexploited minerals, including also minerals in the dumps of closed mines, shall be protected in accordance with this Law and other relevant laws.

2. Agencies, organizations, residential communities, households and individuals shall protect unexploited and unused geological resources and unexploited minerals in accordance with this Law.

3. Organizations and individuals engaged in mineral activities have the following responsibilities:

a/ When carrying out mineral exploration, to assess and fully report information and data on the types of minerals discovered in the exploration areas to state management agencies with licensing competence;

b/ When carrying out mineral exploitation, to prioritize the application of advanced technologies suitable to the scale and characteristics of each mine and type of minerals in order to maximize the recovery of the types of minerals permitted to be exploited; if discovering new minerals, to immediately report it to state management agencies with licensing competence;

c/ To manage and protect minerals that have been exploited but not yet used, and associated minerals in the course of exploitation;

d/ For areas where they have been granted mining licenses but not yet leased or allocated land in the field or for which ground clearance has yet to be completed, to report the situations to provincial-level People’s Committees for assistance in protecting the minerals.

4. Land users, and organizations and individuals that are allocated sea areas shall protect unexploited minerals within the allocated land or sea areas; and may not arbitrarily exploit or recover minerals.

5. When implementing investment projects or other activities, if discovering group-I, group-II or group-III minerals, organizations and individuals shall immediately report them to the competent state management agencies specified in Article 108 of this Law, and organize the protection of discovered minerals. The recovery or non-recovery of minerals must comply with Articles 75 and 76 of this Law.

6. State management agencies in charge of geology and minerals shall transfer to provincial-level People’s Committees the lists of areas with geological resources and minerals in need of protection for which basic geological investigation or mineral-related geological investigations have been and are being carried out.

7. The State shall ensure funds for the protection of unexploited and unused geological resources and unexploited minerals under its responsibility, which shall be included in annual local budget estimates.

Article 8. Rights and responsibilities of localities, residential communities, households and individuals in areas where geological resources and minerals are exploited

1. Interests of localities, residential communities, households and individuals:

a/ Localities where minerals are exploited shall be allocated by the State revenues from mineral exploitation activities to support socio-economic development in accordance with the law on the state budget;

b/ To give opinions on measures to ensure occupational safety, security and order, and protect the environment and natural landscapes;

c/ Local laborers shall be prioritized for recruitment in mineral exploitation activities and related services;

d/ To request competent state management agencies in charge of geology and minerals to provide email addresses, telephone numbers or addresses for receiving and responding to feedback and proposals on the protection of geological resources and minerals and for contributing opinions and proposals to refine the law on geology and minerals;

dd/ Depending on the local situation of mineral activities, provincial-level People’s Councils shall decide on the promulgation of regulations on the responsibility of mineral-exploiting organizations and individuals to contribute funds for upgrading, maintaining and building technical infrastructure facilities and environmental protection facilities in the localities.

2. Responsibilities of localities, residential communities, households and individuals:

a/ To facilitate basic geological investigation, mineral-related geological investigation and mineral activities in accordance with law;

b/ To participate in the protection of unexploited geological resources and minerals; to supervise mineral activities;

c/ When detecting signs of violation, to promptly report them to competent state management agencies for handling violations committed by organizations and individuals that are granted mineral exploration licenses or mining licenses.

3. The Government shall detail Point dd, Clause 1 of this Article.

Article 9. Prohibited acts

1. Taking advantage of basic geological investigation, mineral-related geological investigation and mineral activities to infringe upon the interests of the State or the lawful rights and interests of organizations, individuals and residential communities.

2. Taking advantage of basic geological investigation, mineral-related geological investigation and mineral exploration activities to exploit geological resources and minerals.

3. Conducting basic geological investigation, mineral-related geological investigation and mineral activities without written approval, a license, or acceptance of competent state management agencies.

4. Illegally obstructing basic geological investigation, mineral-related geological investigation and mineral activities.

5. Deliberately destroying or damaging valuable, precious and rare geological and mineral specimens.

6. Trading in minerals of unlawful origin.

Chapter II

GEOLOGICAL AND MINERAL STRATEGIES AND MASTER PLANS

Article 10. Strategies on geology, mineral and mining industry

1. The formulation of a strategy on geology, minerals and mining industry must ensure the following principles and grounds:

a/ Conformity with natural and socio-economic conditions; socio-economic development strategy; national defense strategy; national environmental protection strategy; and demands of the world markets;

b/ Assurance of the synchronous coordination between basic geological investigation and mineral-related geological investigation nationwide; and rational, economical and efficient exploitation and use of geological resources and minerals;

c/ Satisfaction of the demand for minerals and other geological resources to serve sustainable socio-economic development;

d/ Results of basic geological investigations and mineral-related geological investigations already conducted; prerequisites and geological signs related to geological resources and minerals;

dd/ Suitability to the State’s resources in each period.

2. A strategy on geology, minerals and mining industry must have the following principal contents:

a/ Guiding viewpoints and objectives in basic geological investigation and mineral-related geological investigation; exploitation of minerals and geological resources; protection of unexploited minerals and geological resources; and exploration, exploitation, processing, and rational and economical use of minerals;

b/ Orientations for basic geological investigation and mineral-related geological investigation and scientific research in these investigations in each period; coordination and integration of basic geological investigation and mineral-related geological investigation activities of ministries, sectors and localities;

c/ Orientations for the exploitation and use of geological resources and minerals to ensure thrift and efficiency in association with the requirements for protection of unexploited geological resources and minerals;

d/ Orientations for mineral exploration and exploitation for each group of minerals, and processing and rational and economical use of exploited minerals in the period of strategy formulation;

dd/ Major tasks and solutions in basic geological investigation and mineral-related geological investigation; exploitation and use of minerals and geological resources; protection of unexploited and unused minerals and geological resources; exploration and exploitation of minerals for each group of minerals, and processing and rational and economical use of exploited minerals; and national mineral reserves.

3. A strategy on geology, minerals and mining industry shall be formulated for a 10-year period, with a 30-year vision according to the period of the relevant socio-economic development strategy.

4. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade, the Ministry of Construction, the Ministry of Planning and Investment, and related ministries, ministerial-level agencies and localities in, formulating and submitting the strategies on geology, minerals and mining industry to the Prime Minister for approval.

Article 11. Master plans on basic geological and mineral investigation

1. A master plan on basic geological and mineral investigation is a national sectoral master plan, which must provide sufficient information and data on geology, minerals and other geological resources to serve socio-economic development; assurance of national defense and security; prevention and control of geological hazards; and adaptation to climate change and sea level rise.

2. Bases for formulating a master plan on basic geological and mineral investigation include the bases specified in the planning law and the following bases:

a/ Results of implementation of the previous period’s master plan on basic geological and mineral investigation; demand of ministries, sectors and localities for basic geological investigation and mineral-related geological investigation;

b/ Demand for information and data on geological resources and minerals and other geological conditions;

c/ Prerequisites and geological signs related to newly discovered geological resources and minerals.

3. The formulation, appraisal, approval, announcement and implementation of master plans on basic geological and mineral investigation must comply with the planning law.

Article 12. Master plans on group-I minerals, master plans on group-II minerals, geological and mineral management plans

1. Master plans on group-I minerals and master plans on group-II minerals are national sectoral master plans.

2. A geological and mineral management plan constitutes a component of a plan on environmental protection, exploitation, use and protection of natural resources and biodiversity, disaster preparedness and climate change response in a locality, and shall be integrated into the provincial master plan.

3. Master plans on group-I minerals, master plans on group-II minerals and geological and mineral management plans must adhere to the principle of limiting the subdivision of effectively exploitable large-scale mineral areas into smaller mineral exploitation areas.

4. The formulation, appraisal, approval, adjustment, adjustment according to fast-track procedures, announcement, and implementation of master plans on group-I minerals and master plans on group-II minerals must comply with the planning law.

5. The Government shall detail Clause 2 of this Article; and assign agencies to formulate and submit master plans on basic geological and mineral investigations, master plans on group-I minerals and master plans on group-II minerals to the Prime Minister for approval.

Article 13. Bases for and contents of master plans on group-I minerals and master plans on group-II minerals

1. Bases for the formulation of master plans on group-I minerals and master plans on group-II minerals include the bases specified in the planning law and the following bases:

a/ Mineral demands of economic sectors;

b/ Results of mineral-related geological investigations;

c/ Scientific and technological advances in mineral exploration and exploitation or new discoveries of hidden minerals in mineral exploration and exploitation;

d/ Implementation results of the previous period’s master plan; strategic environmental assessment results in accordance with the law on environmental protection.

2. Contents of master plans on group-I minerals and master plans on group-II minerals must comply with the planning law.

Chapter III

BASIC GEOLOGICAL INVESTIGATION

Article 14. Contents of, and the State’s responsibilities in, basic geological investigation

1. Contents of basic geological investigation:

a/ Investigating and establishing rules for the distribution and forecast of structures with prospective geological resources to draw national geological maps at scales of up to 1:50,000, including sets of geological maps; fields of geophysics; geochemistry; geomorphology; weathering crusts; geological hazards; geological heritage; environmental geology; hydrogeology; engineering geology; and urban geology;

b/ Carrying out investigation, and drawing thematic geological maps at a scale larger than 1:50,000 according to different themes and management requirements;

c/ Carrying out investigation, zoning, and drawing maps for areas of geological sites, geological heritage and positional resources; carrying out investigation of environmental geology and geological hazards; investigation of engineering geology and urban geology; investigation of other geological conditions.

2. The State’s responsibilities in basic geological investigation:

a/ Basic geological investigation shall be conducted by the State under approved master plans;

b/ Fund estimates for basic geological investigation shall be included in annual state budget estimates;

c/ The Ministry of Natural Resources and Environment shall organize basic geological investigation;

d/ Provincial-level People’s Committees shall organize basic geological investigation under schemes, projects or tasks approved or accepted by competent state management agencies.

3. The Minister of Natural Resources and Environment shall detail Clause 1 of this Article; and provide the formulation, appraisal and approval of schemes, projects and tasks, and reporting and announcement of results of basic geological investigation.

Article 15. Investigation, zoning and mapping of areas of geological sites, geological heritage and positional resources

1. Contents of investigation of geological sites and geological heritage:

a/ Investigating and assessing scientific and educational values of geological sites and geological heritage, focusing on investigation and assessment of the location, distribution space, geographical and geological features, geological diversity and scientific and educational geological significance;

b/ Investigating and assessing aesthetic values of geological sites and geological heritage;

c/ Investigating and assessing economic values and exploitation and use potential of geological sites and geological heritage;

d/ Determining the extent of impacts and demand for conservation of geological sites and geological heritage.

2. Contents of investigation of positional resources:

a/ Investigating and zoning areas with positional resource potential on the basis of results of basic geological investigation;

b/ Assessing the location, geological characteristics, geological conditions, history of formation, and ability to create values and benefits when exploiting zoned geological resources; setting orientations for management, protection, exploitation and use activities.

3. The zoning and mapping of areas with geological sites, geological heritage and positional resources shall be based on the results of investigation of geological sites, geological heritage and positional resources.

Article 16. Investigation of environmental geology and geological hazards

1. Contents of investigation of environmental geology:

a/ Geological, geochemical and geophysical characteristics of geological entities; geological processes related to the natural environment;

b/ Identification of natural and artificial factors causing abnormalities and possible abnormalities affecting the natural environment;

c/ Drawing maps and zoning of areas of environmental geology;

d/ Establishing a database on environmental geology.

2. Contents of investigation of geological hazards:

a/ Geological and geotechnical characteristics of geological entities; relevant geological processes; manifestations and movements of geological hazards;

b/ Natural and socio-economic factors related to geological hazards;

c/ Drawing maps and zoning of geological hazard warnings;

d/ Establishing a database on geological hazards.

3. In the course of carrying out investigation of environmental geology and geological hazards, it is required to conduct monitoring and warning of the geological environment and geological hazards.

Article 17. Investigation of engineering geology and urban geology

1. Contents of investigation of engineering geology:

a/ Investigating, assessing and determining geological, topographical and geomorphological structures, hydrogeology, geodynamic processes and phenomena, and physio-mechanical characteristics of soil and rock;

b/ Determining relations and laws of spatial change among geological, topographical and geomorphological structures, hydrogeology, geodynamic processes and phenomena, and physio-mechanical characteristics of soil and rock;

c/ Assessing impacts of conditions of engineering geology on infrastructure and socio-economic development;

d/ Drawing maps of areas of engineering geology at an appropriate scale, showing areas, regions and zones of engineering geology;

dd/ Establishing a database on engineering geology.

2. Contents of investigation of urban geology:

a/ Investigating geology, geophysics, engineering geology, hydrogeology, environmental geology and geological hazards;

b/ Identifying information about urban master plans and geological resources available in areas subject to investigation; assessing human-induced pressure and interactions in the urban geological environment;

c/ Drawing urban geospatial maps;

d/ Establishing a database on urban geology.

Article 18. Investigation of other geological conditions

1. Investigation of other geological conditions covers: drawing geological space maps and underground space maps; and investigating geothermal resources specified in Clauses 2, 3 and 4 of this Article.

2. Drawing geological space maps is the drawing of digital three-dimensional spatial maps, showing geological entities and phenomena with full attributes of characteristics of material, physical, chemical and mechanical components and relations between such geological entities and phenomena, in conformity with the set scale, covering:

a/ Collecting, synthesizing, analyzing and evaluating information and data on geology and geological resources, and conducting additional investigation for missing data; simulating geological entities; and drawing geospatial maps;

b/ Updating geological space maps, which shall be carried out on an annual or unscheduled basis. Unscheduled updating shall be conducted when there are sudden fluctuations in geological entities that are caused by nature or humans.

3. Drawing underground space maps is the drawing of digital three-dimensional spatial maps on the basis of geological space maps, showing underground space areas, covering:

a/ Collecting, synthesizing, conducting additional investigation of, analyzing and evaluating information and data on geological resources; socio-economic activities, national defense and security, demand for use of underground space, current use of underground space;

b/ Drawing maps showing the distribution of reservoir structures; evaluating geological characteristics, geological conditions and storage capacity of geological structures to identify favorable structures that can be used for storage of substances without storage tanks, burial of wastes and carbon dioxide (CO₂), recharge of groundwater, storage of geological energy, and other uses.

4. Geothermal resource investigation covers:

a/ Investigating, zoning and mapping areas with geothermal resource potential on the basis of the results of basic geological investigation;

b/ Assessing geological characteristics, geological conditions, origin of formations and recoverability of thermal energy from geothermal sources in zoned areas with geothermal resource potential; setting orientations for management, protection, exploitation and use activities.

Article 19. Rights and obligations of organizations engaged in basic geological investigation

1. Rights of organizations engaged in basic geological investigation:

a/ To conduct basic geological investigations under schemes, projects and tasks approved by competent state management agencies in charge of geology;

b/ To transfer all kinds of specimens with amounts and types suitable to their characteristics and requirements for analysis and testing under the approved schemes, projects and tasks, outside the areas subject to basic geological investigation, even those carried out abroad;

c/ Other rights related to basic geological investigation activities in accordance with law.

2. Obligations of organizations engaged in basic geological investigation:

a/ To register basic geological investigation activities with competent state management agencies in charge of geology specified in Article 23 of this Law;

b/ To strictly comply with the approved schemes, projects and tasks as well as standards, technical regulations, technical rules, norms and unit prices in basic geological investigation;

c/ To ensure the adequacy and truthfulness in the collection and synthesis of geological documents, information and data; to protect the confidentiality of information about basic geological investigation in accordance with the law on protection of state secrets;

d/ To protect the environment and geological resources and minerals while conducting basic geological investigations;

dd/ To submit reports on basic geological investigation results to competent state management agencies in charge of geology for approval;

e/ To submit reports on basic geological investigation results and geological and mineral specimens in accordance with this Law and the law on archives;

g/ Other obligations related to basic geological investigation as prescribed by law.

Chapter IV

MINERAL-RELATED GEOLOGICAL INVESTIGATION

Article 20. Contents of, and responsibilities of the State in, mineral-related geological investigation

1. Contents of mineral-related geological investigation:

a/ Investigating geological structures with favorable prerequisites and signs of minerals on the basis of basic geological investigation results; zoning prospective areas for mineral resource assessment;

b/ Assessing the mineral potential in order to identify the scale of resources of minerals of all kinds in the areas subject to assessment; zoning areas with mineral potential.

2. Responsibilities of the State in mineral-related geological investigation:

a/ To conduct mineral-related geological investigations under approved master plans;

b/ Funds for mineral-related geological investigations shall be included in annual state budget estimates; funds of organizations and individuals engaged in mineral-related geological investigations must comply with Point b, Clause 1, Article 22 of this Law;

c/ The Ministry of Natural Resources and Environment shall submit the list of schemes on mineral-related geological investigations in which the participation of organizations and individuals is encouraged to the Prime Minister for approval;

d/ The Ministry of Natural Resources and Environment shall organize mineral-related geological investigations;

dd/ Provincial-level People’s Committees shall organize the assessment of mineral potential, for group-III and group-IV minerals.

3. The Minister of Natural Resources and Environment shall detail Clause 1 of this Article; and stipulate the formulation, appraisal and approval of schemes, projects, tasks and reports on results of mineral-related geological investigation.

Article 21. Rights and obligations of organizations conducting mineral-related geological investigation

1. Rights of organizations conducting mineral-related geological investigation:

a/ To conduct mineral-related geological investigations under schemes, projects and tasks approved by competent state management agencies in charge of geology;

b/ To transfer specimens of various types with amounts and types suitable to their characteristics and requirements for analysis and testing according to the approved schemes, projects or tasks outside areas subject to mineral-related geological investigation, even those implemented abroad.

2. Obligations of organizations conducting mineral-related geological investigation:

a/ To register mineral-related geological investigations with competent state management agency in charge of geology under Article 23 of this Law;

b/ To strictly comply with the approved schemes, projects and tasks as well as standards, technical regulations, technical rules, norms and unit prices in mineral-related geological investigation;

c/ To ensure the truthfulness and adequacy in the collection and synthesis of documents, information and data; to protect the confidentiality of information about basic geological investigation in accordance with the law on protection of state secrets;

d/ To protect the environment, geological resources and minerals while conducting mineral-related geological investigations;

dd/ To submit reports on mineral-related geological investigation results to competent state management agencies in charge of geology for approval;

e/ To submit reports on mineral-related geological investigation results and geological and mineral specimens in accordance with this Law and the law on archives.

Article 22. Organizations’ and individuals’ participation in mineral-related geological investigation

1. Principles for participation in mineral-related geological investigations:

a/ Schemes on mineral-related geological investigation shall be included in master plans on basic geological and mineral investigations and approved by the Prime Minister for implementation in the form of participation in investigation;

b/ Organizations and individuals participating in mineral-related geological investigations, for schemes on the list specified at Point c, Clause 2, Article 20 of this Law, shall ensure funding for implementation of the whole schemes; and have documents proving their financial capacity;

c/ The selection of organizations and individuals to participate in mineral-related geological investigations must adhere to the principles of competition, publicity and transparency;

d/ The content on participation in mineral-related geological investigations shall be shown in contracts between the participating organizations and individuals and competent state management agencies in charge of geology.

2. Organizations and individuals participating in mineral-related geological investigations have the following rights:

a/ To participate in the inspection and supervision of construction, and acceptance testing of reports on scheme implementation results;

b/ To select part or the whole of the areas with mineral potential where they have participated in mineral-related geological investigations in order to request addition of such areas to master plans on group-I minerals or master plans on group-II minerals and the areas not subject to auction of mining rights;

c/ To be prioritized in the grant of mineral exploration licenses not through auction of mining rights when the selected areas referred to at Point b of this Clause are included in master plans on group-I minerals or master plans on group-II minerals; the priority period is 24 months from the date a selected area referred to at Point b of this Clause is included in the area not subject to auction of mining rights;

d/ To use information and data on mineral-related geological investigations in areas where they participate in the investigations for compiling mineral exploration dossiers;

dd/ Not to claim the invested funds if being unqualified for mineral exploration licenses in the selected areas under this Law or if refusing to continue the exploration.

3. Organizations and individuals participating in mineral-related geological investigations are obliged to strictly perform contracts signed with competent state management agencies in charge of geology.

4. The Government shall detail this Article; and stipulate the selection of organizations and individuals to participate in mineral-related geological investigations.

Article 23. Registration of basic geological investigation and mineral-related geological investigations

1. Organizations wishing to implement basic geological investigation and mineral-related geological investigation schemes, projects and tasks shall register them before implementation.

2. Organizations implementing basic geological investigation or mineral-related geological investigation schemes, projects and tasks shall register their supplementation or modification upon occurrence of a change in the investigation objectives, tasks, area and methods compared to the approved schemes, projects or tasks.

3. The selected organizations and individuals participating in mineral-related geological investigations are not required to register mineral-related geological investigations specified in Clauses 1 and 2 of this Article.

4. The Government shall detail this Article.

Chapter V

MINERAL AREAS; USE OF LAND, WATER, SEA AREAS AND TECHNICAL INFRASTRUCTURE IN MINERAL ACTIVITIES

Section 1

MINERAL AREAS

Article 24. Classification of mineral areas

1. Areas of mineral activities.

2. Areas planned for mineral activities.

3. Areas where mineral activities are banned.

4. Areas where mineral activities are temporarily banned.

5. Areas with scattered, small amounts of minerals.

6. National mineral reserve areas.

Article 25. Areas of mineral activities, areas planned for mineral activities

1. Areas of mineral activities are areas for which mineral exploration licenses, mining licenses or salvage mining licenses remain valid; and areas where mineral mines are closed.

2. Areas planned for mineral activities are areas that contain minerals having undergone mineral-related geological investigation and that are included by competent state agencies in master plans on group-I minerals, master plans on group-II minerals, or provincial master plans.

3. Based on requirements of ensuring national defense and security; preventing and minimizing impacts on the environment, natural landscapes and historical-cultural relics; protecting production forests being natural forests; and protecting the works specified at Point e, Clause 1, Article 26 of this Law, mineral exploration and exploitation activities may be restricted to one, some or all of the following contents:

a/ Organizations and individuals permitted to conduct mineral exploration and exploitation;

b/ Capacity of mineral exploitation;

c/ Duration of mineral exploitation;

d/ Area and depth for mineral exploitation and method of mineral exploration and exploitation.

4. Based on the request of ministries and ministerial-level agencies, the competent state management agencies specified in Article 108 of this Law shall decide on the restriction of mineral activities mentioned in Clause 3 of this Article.

Article 26. Areas where mineral activities are banned, areas where mineral activities are temporarily banned

1. Areas where mineral activities are banned shall be zoned based on one of the following factors:

a/ Results of mineral-related geological investigation;

b/ Historical-cultural relics and scenic spots that have been ranked or zoned for protection in accordance with the law on cultural heritage; and natural heritage in accordance with the law on environmental protection;

c/ Areas of special-use forest land and protection forest land; geological conservation zones and marine protected areas as prescribed by law;

d/ Areas of land for national defense and security purposes;

dd/ Land for religious and belief activities;

e/ Scope of protection of national defense works and military zones; scope of safety corridors or scope of protection of traffic, hydraulic, hydropower and dike works; water supply, water drainage and waste treatment systems; energy and oil and gas structures; and post, telecommunications and information technology infrastructure works.

2. Areas where mineral activities are temporarily banned shall be zoned:

a/ To meet national defense and security requirements;

b/ To meet the requirements on nature conservation, protection of aquatic resources, historical-cultural relics and scenic spots currently undergoing the State’s consideration and recognition or having been discovered in the course of mineral exploration and exploitation; and heritage and relics on the inventory list;

c/ To meet the requirements on prevention, control and remediation of consequences of disasters; or

d/ In river areas or river sections suffering or at risk of suffering river bank landslide; in coastal areas suffering or at risk of suffering coastal erosion and landslide.

3. In case it is necessary to explore and exploit minerals in areas where mineral activities are banned or areas where mineral activities are temporarily banned, the competent state management agencies defined in Article 108 of this Law shall, in pursuance to relevant regulations, assume the prime responsibility for, and coordinate with related ministries and ministerial-level agencies in, reporting such to the Prime Minister for consideration and approval.

4. Provincial-level People’s Committees shall zone areas where mineral activities are banned and areas where mineral activities are temporarily banned and submit them the Prime Minister for approval after consulting the Ministry of Natural Resources and Environment and related ministries and ministerial-level agencies.

5. The Government shall specify dossiers, the order and procedures for zoning areas where mineral activities are banned and areas where mineral activities are temporarily banned; and detail Clause 3 of this Article.

Article 27. Areas with scattered, small amounts of minerals

1. Areas with scattered, small amounts of minerals are areas containing group-I minerals and/or group-II minerals and are only suitable for small-scale exploitation, which shall be determined based on:

a/ Results of mineral potential assessment in the stage of mineral-related geological investigation;

b/ Mineral exploration results recognized by competent state agencies; and

c/ The remaining mineral reserves of the mines for which mine closure decisions have been issued but mineral resources and reserves are of scattered and small amounts.

2. The Government shall specify the scale of mineral resources and reserves for zoning areas with scattered, small amounts of minerals; and procedures for zoning and announcing areas with scattered, small amounts of minerals.

Article 28. National mineral reserve areas

National mineral reserve areas are areas containing unexploited group-I minerals and/or group-II minerals, which shall be determined based on the results of mineral-related geological investigation and mineral exploration. These areas include:

1. Areas containing minerals that need to be reserved for sustainable socio-economic development;

2. Areas containing minerals but prioritized for the development of spearhead industries and having outstanding competitive advantages; and,

3. Areas containing minerals but not yet qualified for effective exploitation or qualified for exploitation but lacking solutions to remediate adverse environmental impacts.

Section 2

MANAGEMENT OF MINERALS IN NATIONAL MINERAL RESERVE AREAS

Article 29. Zoning of national mineral reserve areas

1. The Ministry of Natural Resources and Environment shall organize the zoning of national mineral reserve areas specified in Article 28 of this Law and submit them to the Prime Minister for approval.

2. A decision on approval of a national mineral reserve area must have the following principal contents:

a/ Name of the mineral reserve area;

b/ Types of minerals, enclosed with the coordinates of the corner boundary markers, area and depth of the mineral reserve area;

c/ Scale of mineral resources and reserves;

d/ Duration of mineral storage;

dd/ Responsibilities for the protection of minerals in mineral reserve areas;

e/ Implementation plan.

3. The Government shall specify the zoning and approval of national mineral reserve areas.

Article 30. Adjustment of national mineral reserve areas

1. The adjustment of national mineral reserve areas shall be made in the following cases:

a/ National mineral reserve area(s) is/are added when new mineral discoveries are made and storage is necessary for sustainable socio-economic development;

b/ Part or the whole of the mineral area zoned as a national mineral reserve area is taken out for addition to the master plan on group-I minerals or master plan on group-II minerals in accordance with the planning law; for assurance of national defense and security; or for implementation of investment projects subject to investment policy decision or approval by the National Assembly or the Prime Minister, except the case specified in Article 33 of this Law.

2. The Government shall specify dossiers, the order and procedures for adjustment of national mineral reserve areas.

Article 31. Mineral storage duration in national mineral reserve areas

1. The mineral storage duration in national mineral reserve areas shall be determined according to the strategy on geology, minerals and mining industry, which, however, must be between 20 years and 70 years. In case the mineral storage duration in a national mineral reserve area has expired while there is no requirement to add minerals subject to storage to the master plan on group-I minerals or master plan on group-II minerals, the mineral storage duration may be extended.

2. The Prime Minister shall decide on the mineral storage duration and the extension of the mineral storage duration for each national mineral reserve area.

Article 32. Management and protection of minerals in national mineral reserve areas

1. Reserve minerals shall be strictly protected in accordance with this Law.

2. In the course of implementing investment projects in areas zoned as national mineral reserve areas, the project owners have the following obligations:

a/ To protect minerals within the project areas;

b/ Not to take advantage of implementing construction investment projects to illegally exploit or recover reserve minerals.

3. In case project owners violate Point b, Clause 2 of this Article, depending on the nature and severity of their violations and the illegally exploited or recovered amount of minerals, violations shall be handled in the following forms:

a/ Administrative sanction;

b/ Revocation of mineral recovery registration certificates;

c/ Revocation of mineral exploration licenses or mining licenses specified at Point c, Clause 1, Article 33 of this Law;

d/ Revocation of investment registration certificates;

dd/ Examination for penal liability.

4. For the violations specified in Clause 3 of this Article, the violators shall pay compensation for damage, if any, in accordance with law.

Article 33. Implementation of investment projects in national mineral reserve areas

1. The following projects may be implemented in national mineral reserve areas:

a/ Investment projects subject to investment policy decision or approval by the National Assembly;

b/ Projects on construction of technical infrastructure works serving national and public interests in accordance with the land law, for which the land use period is stable and long, or which operate longer than the remaining mineral storage period and are permitted by the Prime Minister to be implemented in national mineral reserve areas;

c/ Projects on exploration and exploitation of minerals not subject to storage which operate for a period not longer than the remaining mineral storage duration;

d/ Other investment projects not falling into cases in which the land use period is stable and long or which operate for a period not longer than the remaining mineral storage duration.

2. Organizations and individuals implementing investment projects in national mineral reserve areas shall assess their impact on minerals subject to storage within the scope of investment projects as specified in Clause 3 of this Article. The assessment shall be carried out in the stage of prefeasibility study or reporting to propose approval of the projects’ investment policy.

3. Contents of assessment of impact on minerals subject to storage:

a/ Overview of minerals subject to storage in the project areas, including the extent of mineral-related geological investigation; current state of natural resources and reserves and current state of mineral exploration and exploitation activities (if any);

b/ Assessment of the extent of impact of the investment projects’ activities on natural resources, reserves and quality of minerals subject to storage, clearly identifying work items that are likely to directly affect minerals subject to storage;

c/ Solutions to protect minerals subject to storage within the project areas;

d/ Commitments to fulfilling the obligation to protect unexploited minerals within the scope of investment projects.

4. The decision on or approval of investment policy for national mineral reserve areas shall be made only after it has been approved in writing by competent state management agencies in charge of geology and minerals with regard to the contents specified in Clause 3 of this Article.

5. Organizations and individuals implementing investment projects in national mineral reserve areas shall monitor, supervise and promptly report the impacts, if any, of the construction activities or operation of the projects on the types of minerals subject to storage for handling under Clauses 6, 7, 8 and 9 of this Article to the Ministry of Natural Resources and Environment and the provincial-level People’s Committees of the localities where the national mineral reserve areas are located.

6. If the construction of work items of an investment project in a national mineral reserve area requires leveling or excavating/embanking the topographic surface, thereby directly affecting reserve minerals, the organization or individual implementing the investment project shall report such to the Ministry of Natural Resources and Environment and the provincial-level People’s Committee of the locality where the project is implemented for the latter to organize the inspection and decide to permit the recovery or non-recovery of minerals.

7. The provincial-level People’s Committee of the locality where the investment project is implemented as specified in Clause 2 of this Article shall consider granting a mineral recovery registration certificate. For minerals subject to licensing by the Ministry of Natural Resources and Environment, provincial-level People’s Committees shall consider granting mineral recovery registration certificates after obtaining written approval from the Ministry of Natural Resources and Environment.

8. The recovery of minerals must adhere to the following principles:

a/ Mineral recovery shall be carried out simultaneously with the project implementation;

b/ Project owners shall organize the recovery of minerals under Clause 9 of this Article. In case of not organizing mineral recovery, project owners may propose other organizations or units to do so and report it to provincial-level People’s Committees for consideration and decision.

9. Organizations and individuals implementing investment projects in national mineral reserve areas specified in Clause 2 of this Article that are permitted to recover minerals have the rights and obligations specified in Article 76 of this Law.

10. The Government shall detail this Article.

Article 34. Compensation for damage when investment projects are subject to termination of operation in national mineral reserve areas

1. In case the Prime Minister decides to reduce the area of a national mineral reserve area or shorten the storage duration of national minerals to serve national defense or security purposes or to serve national important projects, thus requiring recovery of part or all of the land used by the investment project within the national mineral reserve area, the project owner shall be entitled to compensation and support in accordance with the land law.

2. The State shall not be responsible for paying compensation for damage to project owners in national mineral reserve areas upon expiration of the mineral storage duration under the Prime Minister’s decision.

Section 3

USE OF LAND, WATER, SEA AREAS AND TECHNICAL INFRASTRUCTURE IN MINERAL ACTIVITIES

Article 35. Use of land, sea areas and technical infrastructure in mineral activities

1. The use of land in mineral activities must comply with the land law.

2. The use of sea areas in mineral activities must comply with the law of the sea, the law on marine and island resources and environment, and other relevant laws.

3. Organizations and individuals engaged in mineral activities may use the system of transport, communication, electricity and other technical infrastructure for mineral activities in accordance with law.

Article 36. Use of water and discharge of waste into water sources in mineral activities

1. Organizations and individuals engaged in mineral activities may exploit and use water and shall protect water resources in accordance with the law on water resources; ensure economical and efficient water use and take measures to protect people’s livelihoods and to avoid conflicts with other activities in the exploitation and use of water resources.

2. The discharge of wastewater in mineral activities must comply with the law on environmental protection and other relevant laws.

Chapter VI

MINERAL ACTIVITIES, MINERAL RECOVERY, MINERAL PROCESSING

Section 1

EXPLORATION OF GROUP-I, GROUP-II AND GROUP-III MINERALS

Article 37. Organizations and individuals engaged in mineral exploration

1. Mineral exploration licenses may be considered to be granted to organizations registering business lines in the field of mineral activities as specified below:

a/ Enterprises established under the Law on Enterprises;

b/ Cooperatives and cooperative unions established under the Law on Cooperatives;

c/ Foreign enterprises with representative offices or branches based in Vietnam.

2. Individuals or household members registering for the establishment of business households with business lines in the field of mineral activities may be granted group-III mineral exploration licenses.

3. Organizations and individuals specified in Clauses 1 and 2 of this Article must have full financial capacity to implement mineral exploration schemes.

4. Organizations that are granted mineral exploration licenses and fully satisfy the conditions specified in Clause 1, Article 38 of this Law may directly conduct mineral exploration activities.

Organizations that are granted mineral exploration licenses but fail to fully satisfy the conditions specified in Clause 1, Article 38 of this Law, and business households that are granted mineral exploration licenses may sign contracts with organizations as mineral exploration service providers to conduct mineral exploration under their mineral exploration licenses.

5. The Government shall detail Clause 3 of this Article.

Article 38. Conditions for organizations as mineral exploration service providers

1. Organizations as mineral exploration service providers must fully satisfy the following conditions:

a/ Being established in accordance with law;

b/ Having persons in charge of technical matters who possess a university or equivalent degree in geology and have experience in mineral exploration; and have an understanding and mastery of standards and technical regulations on mineral exploration;

c/ Having technical workers specialized in geology and other relevant disciplines;

d/ Having special-use equipment and tools necessary for constructing mineral exploration works.

2. The Government shall detail this Article.

Article 39. Selection of organizations and individuals to conduct mineral exploration in areas not requiring auction of mining rights

Organizations and individuals specified in Article 37 of this Law shall be selected for the grant of mineral exploration licenses for areas not requiring auction of mining rights under the Government’s regulations.

Article 40. Field surveys for formulation of mineral exploration schemes

1. In the course of formulation of mineral exploration schemes, organizations and individuals that win the auction of mining rights may conduct field surveys and take samples on the ground.

2. For areas not requiring auction of mining rights, in the course of formulation of mineral exploration schemes, organizations and individuals may conduct field surveys and take samples on the ground to select areas for conducting exploration.

3. Before conducting a field survey, organizations and individuals specified in Clauses 1 and 2 of this Article shall send a written notice to provincial-level People’s Committees of the localities where the areas expected for mineral exploration are located.

4. The Government shall detail this Article.

Article 41. Area of mineral exploration zones

1. Except the case specified in Clause 3 of this Article, the area of an exploration zone under 1 license for a type or a group of minerals, is specified as follows:

a/ Not exceeding 100 square kilometers, for coal and bauxite;

b/ Not exceeding 50 square kilometers, for precious stones, semi-precious stones and metal minerals, except bauxite;

c/ Not exceeding 10 square kilometers, for non-metallic minerals on the mainland, except group-III minerals;

d/ Not exceeding 200 square kilometers, for minerals in sea areas, except group-III minerals. The Prime Minister shall decide on special cases requiring a larger area of an exploration zone;

dd/ Not exceeding 2 square kilometers on the mainland or not exceeding 30 square kilometers in sea areas, for group-III minerals, except natural mineral water and natural thermal water;

e/ The area of an exploration zone for natural mineral water and natural thermal water shall be determined under the exploration scheme.

2. The exploration depth must ensure the control of all ore bodies and prospective geological structures for minerals expected to be explored as specified in mineral exploration schemes, except minerals used as building materials and minerals used as common building materials.

3. In case of exploration of strategic and important minerals under inter-governmental agreements, the area of mineral exploration zones must comply with such agreements.

Article 42. Mineral exploration schemes

1. A mineral exploration scheme must have the following principal contents:

a/ Suitable exploration methods to determine the reserves and quality of minerals, exploitation conditions, and the ability to process and use minerals of various types in the explored area;

b/ Exploration work, quantity and types of samples to be taken for analysis, ensuring an adequate assessment of mineral resources, reserves and quality according to the exploration objectives;

c/ Solutions for environmental protection, and assurance of occupational safety and health in the course of mineral exploration;

d/ Methods of calculation of mineral reserves;

dd/ Solutions to organize the construction and progress of the implementation of the scheme;

e/ Mineral exploration cost estimates, which shall be made based on the set of unit prices applicable to geological works and other relevant sets of unit prices specified by competent state management agencies;

g/ Implementation duration of the scheme.

2. Agencies competent to grant mineral exploration licenses shall organize the appraisal of mineral exploration schemes before granting such a license.

3. The Government shall specify dossiers, order and procedures for appraisal of mineral exploration schemes.

4. The Minister of Natural Resources and Environment shall specify forms and contents of mineral exploration schemes; and methods and work volumes of mineral exploration for each type of minerals and set of unit prices applicable to geological works.

Article 43. Principles for grant of mineral exploration licenses

1. The grant of mineral exploration licenses must adhere to the following principles:

a/ Mineral exploration licenses may be granted only for areas where no organizations or individuals are lawfully conducting mineral exploration or exploitation, except the case specified at Point g of this Clause;

b/ Mineral exploration licenses shall be granted by the Ministry of Natural Resources and Environment for areas in conformity with master plans on group-I minerals or master plans on group-II minerals;

c/ Mineral exploration licenses shall be granted by provincial-level People’s Committees for areas in conformity with provincial master plans;

d/ Exploration zones are not located within areas where mineral activities are banned or areas where mineral activities are temporarily banned, except the case specified in Clause 2 of this Article;

dd/ Exploration zones are not located within national mineral reserve areas or areas undergoing basic or mineral-related geological investigations, with respect to minerals of the same type as those for which the exploration license is applied, except the case specified at Point c, Clause 1, Article 33 of this Law;

e/ The area of a mineral exploration zone must not exceed the area specified in the master plan on group-I minerals or master plan on group-II minerals and provincial master plan;

g/ A mineral exploration license may be granted for an area that is partially or wholly located in the surface boundaries of the area where mineral activities are being carried out to the same organization for conducting mineral exploration at different depths under a mineral exploration scheme;

h/ Each organization or individual shall be granted no more than 5 exploration licenses for a type of mineral, excluding expired mineral exploration licenses. Cases in which more than 5 licenses need to be granted to the same organization shall be approved in writing by the Prime Minister.

2. In areas where mineral activities are banned or temporarily banned, mineral exploration may be carried out if exploration methods and technologies do not adversely affect the objects in need of protection in such areas, and must comply with Clause 3, Article 26 of this Law.

3. The grant of licenses for mineral exploration in a number of areas with strategic and important minerals, except the cases specified in Article 49 of this Law, must adhere to the principles specified in this Article and comply with the Government’s regulations.

4. The Government shall detail this Article; and provide regulations on organizations permitted to explore strategic and important minerals.

Article 44. Mineral exploration licenses

1. A mineral exploration license must contain the name of the organization or individual conducting mineral exploration, geographical name of the exploration zone, contents of the license, and requirements for the licensee.

2. Contents of a mineral exploration license:

a/ Type of mineral; location and area of the mineral exploration zone;

b/ Methods and volumes of mineral exploration;

c/ Duration of mineral exploration.

3. Requirements for organizations and individuals granted mineral exploration licenses:

a/ To fulfill all financial obligations and other relevant obligations as prescribed by law;

b/ To perform responsibilities of licensees and comply with other requirements (if any) prescribed by law.

4. The duration of mineral exploration stated in a mineral exploration license, including the time for implementing the mineral exploration scheme and preparing a report on exploration results, is specified as follows:

a/ Not exceeding 48 months, which may be extended up to two times with a total extended period of not more than 24 months, except the case specified at Point b of this Clause;

b/ Upon the expiration of the exploration duration specified at Point a of this Clause, if the organization or individual has not yet completed the construction work under the mineral exploration scheme due to a force majeure event, the mineral exploration license may be considered to be re-granted in accordance with this Law but the duration of mineral exploration must not exceed that specified at Point a of this Clause;

c/ In case the organization or individual has completed the exploration work under the mineral exploration scheme and its/his/her mineral exploration license has expired but a competent state agency required an additional exploration volume, before adding the exploration volume, the organization or individual shall report such to the state agency competent to grant mineral exploration licenses for approval;

d/ For the exploration of strategic and important minerals under inter-governmental agreements, the exploration duration must comply with such agreements.

5. The Government shall detail Point c, Clause 4 of this Article.

6. The Minister of Natural Resources and Environment shall specify the form of mineral exploration license.

 Article 45. Grant, extension, re-grant, modification and return of mineral exploration licenses

1. The grant of a mineral exploration license, including also the case specified at Point dd, Clause 2, Article 4 of this Law, shall be carried out based on the principles specified in Article 43 of this Law and the following grounds:

a/ The result of appraisal of the dossier of application for mineral exploration license;

b/ The purpose of, and demand for, mineral exploration stated in the mineral exploration license application form.

2. The Government shall detail Clause 1 of this Article; prescribe cases of extension, re-grant, modification and return of mineral exploration licenses; provide appraisal agencies; and prescribe dossiers, order and procedures for grant, extension, re-grant, modification and return of mineral exploration licenses.

3. The Minister of Natural Resources and Environment shall prescribe forms of the reports and documents specified in this Article.

Article 46. Transfer of mineral exploration rights

1. An organization or individual that has been granted a mineral exploration license may only transfer mineral exploration rights after having executed at least 50% of the cost estimates of the mineral exploration scheme.

2. Mineral exploration rights transferees must fully meet the conditions for grant of mineral exploration licenses prescribed by this Law.

3. In case of transfer of mineral exploration rights, the transferee must obtain a mineral exploration license granted by the competent state management agency specified in Article 108 of this Law. The duration for the transferee to conduct mineral exploration is the remaining validity duration of the previously granted mineral exploration license.

4. The Government shall stipulate in detail the transfer of mineral exploration rights; provide appraisal agencies; and prescribe the dossiers, order and procedures for transfer of mineral exploration rights.

Article 47. Rights and obligations of organizations and individuals granted mineral exploration licenses

1. Organizations and individuals that are granted a mineral exploration license have the following rights:

a/ To use information on minerals in relevance to the purpose of mineral exploration and the mineral exploration area and transfer and inherit such information in accordance with law;

b/ To conduct mineral exploration under the granted mineral exploration license;

c/ To supplement construction work volume and items in the mineral exploration area according to actual developments during the process of construction of works serving the exploration in order to increase the reliability of the exploration result;

d/ To bring out of the mineral exploration area, even abroad, specimens of the types and in the quantity suitable to the nature and requirements for analysis and testing according to the approved mineral exploration scheme;

dd/ To be given with priority in grant of mining license for the explored area in accordance with Clause 1, Article 48 of this Law;

e/ To request extension, re-grant, modification or return of the mineral exploration license;

g/ To transfer mineral exploration rights in accordance with this Law;

h/ To complain, denounce, or initiate lawsuits in accordance with law;

i/ Other rights in accordance with law.

2. Organizations and individuals that are granted a mineral exploration license have the following obligations:

a/ To fulfill financial obligations in accordance with law;

b/ To comply with the mineral exploration license. In case of conducting exploration at the depth exceeding the exploration depth prescribed by the Government, adding technology testing samples or trial pits, adjusting exploration methods or reducing the volume of exploration work, to report to, and obtain written approval from, competent state management agencies before implementation;

c/ To compensate for damage caused by exploration activities in accordance with law;

d/ To notify the exploration plan to the provincial-level People’s Committee of the locality where the mineral exploration is conducted before implementation;

dd/ To collect and store information on minerals and report on mineral exploration results to the state management agency in charge of minerals; to report on other activities to competent state agencies in accordance with law; to comply with regulations on inspection, examination and control of mineral exploration activities in accordance with this Law, the law on inspection, and other relevant laws;

e/ To carry out the jobs when the mineral exploration license expires as prescribed in Clause 3, Article 52 of this Law;

g/ Other obligations as prescribed by law.

3. In case of exploration for toxic minerals, in addition to performing the obligations prescribed in Clause 2 of this Article, organizations and individuals conducting exploration of toxic minerals shall take measures to prevent environmental pollution and adverse impacts on human health; if having caused environmental pollution, they shall fully identify elements causing pollution and take measures to remedy and minimize pollution.

4. In case of exploration for radioactive minerals or radioactive minerals, in addition to performing the obligations prescribed in Clauses 2 and 3 of this Article, organizations and individuals conducting mineral exploration shall also comply with the Law on Atomic Energy and other relevant laws.

5. The Government shall detail Point b, Clause 2 of this Article; and prescribe organizations permitted to explore toxic minerals and radioactive minerals.

6. The Minister of Natural Resources and Environment shall prescribe forms of the reports and documents specified at Points d and dd, Clause 2 of this Article.

Article 48. Priority rights for organizations and individuals conducting mineral exploration

1. Organizations and individuals conducting mineral exploration shall be given with priority to submit dossiers of application for a mining license for mineral resources and reserves, that have been recognized by competent state agencies, within 36 months from the date of recognition.

2. After the priority period specified in Clause 1 of this Article, if the organization or individual having conducted mineral exploration fails to submit a complete dossier of application for a mining license for the area where it/he/she has conducted mineral exploration, it/he/she shall lose the priority right to apply for a mining license, except force majeure circumstances or when there is a change in the State’s policies that makes it/he/she become unable to do so. In case a competent state agency grants a mining license to another organization or individual in accordance with this Law, the organization or individual that is granted the mining license shall refund the mineral exploration costs to the organization or individual having conducted mineral exploration in accordance with this Law.

3. The Government shall detail Clause 2 of this Article.

Article 49. Mineral exploration using state budget capital

1. The State shall use state budget capital to conduct mineral exploration for:

a/ Strategic and important minerals;

b/ Minerals of high economic value and high demand.

2. The Prime Minister shall decide on the list of exploration areas for the minerals specified in Clause 1 of this Article and falling under the licensing authority of the Ministry of Natural Resources and Environment.

3. Provincial-level People’s Committees shall decide on the lists of exploration areas for the minerals specified in Clause 1 of this Article and falling under their licensing authority.

4. In case of mineral exploration using state budget capital, it is not required to carry out procedures for grant of mining licenses. The competent state management agency specified in Article 108 of this Law shall select organizations to implement mineral exploration schemes in accordance with the bidding law.

5. The Government shall detail this Article.

Article 50. Recognition of mineral exploration results

1. Organizations and individuals that are granted mineral exploration licenses and organizations implementing mineral exploration schemes prescribed in Clause 4, Article 49 of this Law shall submit dossiers of request for recognition of mineral exploration results to the competent state agencies specified in Article 51 of this Law.

2. The competent state agencies specified in Article 51 of this Law shall recognize mineral exploration results according to the Government’s regulations.

3. Organizations and individuals shall complete dossiers of request for recognition of mineral exploration results within 6 months after their mineral exploration licenses expire.

4. Past the time limit specified in Clause 3 of this Article, if an organization or individual that is granted a mineral exploration license fails to submit a complete dossier of request for recognition of mineral exploration results to a dossier-receiving agency as prescribed in this Law, it/his/her shall lose the right to request recognition of mineral exploration results, except force majeure circumstances. In case a competent state agency grants a mineral exploration license to another organization or individual, the organization or individual that has been previously granted a mineral exploration license shall not be refunded the mineral exploration costs.

5. The Government shall detail Clauses 1, 2 and 4 of this Article; prescribe the dossiers, order and procedures for, and agencies in charge of, appraising, and proposing recognition of, mineral exploration results; and the order and procedures for submission of reports on mineral exploration results.

6. The Minister of Natural Resources and Environment shall prescribe the grading of mineral reserves and resources; and prescribe the contents of reports on mineral exploration and supplementary exploration results.

Article 51. Competence to recognize mineral exploration results

1. The National Mineral Reserves Assessment Council shall recognize mineral exploration and supplementary exploration results falling under the licensing authority of the Ministry of Natural Resources and Environment.

2. Provincial-level People’s Committees shall recognize mineral exploration and supplementary exploration results falling under their licensing authority.

3. The Government shall prescribe the organization, operation, tasks, powers and responsibilities of the National Mineral Reserves Assessment Council.

Article 52. Revocation and invalidation of mineral exploration licenses

1. A mineral exploration license shall be revoked in the following cases:

a/ The license is issued ultra vires or has contents contrary to law;

b/ After 6 months from the effective date of the license, the organization or individual licensed to conduct mineral exploration fails to conduct exploration, except force majeure circumstances;

c/ The area permitted for mineral exploration is declared as an area banned from mineral activities or area temporarily banned from mineral activities;

d/ When a competent state agency decides to recover the entire land area or sea area for which a mineral exploration license has been granted for use for other purposes in accordance with the land law, the law of the sea, the law on marine and island resources and environment, and other relevant laws.

2. A mineral exploration license shall be invalidated in one of the following cases:

a/ The license is revoked;

b/ The license expires;

c/ The license is returned;

d/ The organization conducting mineral exploration has dissolved or gone bankrupt;

dd/ The concerned organization or individuals has its/his/her establishment decision or enterprise registration certificate, cooperative registration certificate, union of cooperatives registration certificate or business household registration certificate revoked in accordance with the law on enterprises or the law on cooperatives;

e/ According to a court judgment or ruling or an arbitral award.

3. Within 6 months from the date its/his/her mineral exploration license is invalidated as prescribed in Clause 2 of this Article, the organization or individual conducting mineral exploration shall move all of assets of its/his/her own and those of related parties out of the exploration area; level construction works serving the exploration, protect minerals, and restore the environment and soil in accordance with law; submit specimens and information on minerals collected to the competent state management agency in charge of geology and minerals. This provision does not apply to cases in which the organization or individual conducting mineral exploration is carrying out procedures to request extension or re-grant of the mineral exploration license or apply for a mining license.

4. In case the mineral exploration area is declared to be an area banned from mineral activities or area temporarily banned from mineral activities, the organization or individual whose mineral exploration license remains valid for that area shall be compensated for damage in accordance with law.

5. The Government shall detail Clause 4 of this Article; and prescribe the dossiers, order and procedures for revocation of mineral exploration licenses.

Section 2

EXPLOITATION OF MINERALS OF GROUP I, GROUP II AND GROUP III

Article 53. Conditions for organizations and individuals to be granted mining licenses

1. Organizations registering the business line of mineral exploitation shall be considered for grant of mining licenses, including:

a/ Enterprises established under the Law on Enterprises;

b/ Cooperatives and unions of cooperatives established under the Law on Cooperatives.

2. Individuals or members of households registering to establish business households with the registered business line of mineral exploitation shall be considered for grant of mining licenses with regard to group-III minerals.

3. The organizations and individuals specified in Clauses 1 and 2 of this Article must have sufficient financial capacity to implement mineral exploitation investment projects.

4. The Government shall detail this Article.

Article 54. Mineral exploitation areas and area of mineral exploitation investment project sites

1. A mineral exploitation area shall be demarcated by straight lines connecting corner points and shown on a topographic map on the national coordinate system at an appropriate scale.

2. The area and depth boundaries of a mineral exploitation area shall be considered and determined on the basis of the mineral exploitation investment project in conformity with the mineral reserves stated in the report on mineral exploration results recognized by the competent state management agency.

3. The area of a mineral exploitation investment project site shall cover: the area of ​​the mineral exploitation area; area of ​​works serving mineral exploration activities associated with the mineral exploitation area; area of mining safety ​​corridors.

4. In case of exploitation of natural mineral water and natural thermal water, the location and acreage of ​​the exploitation area shall be determined according to the coordinates of the well or cluster of wells.

5. The Government shall detail Clause 2 of this Article.

Article 55. Principles for grant of mining licenses

1. The grant of mining licenses must adhere to the following principles:

a/ Mining licenses shall only be granted for areas where no organizations or individuals are legally conducting mineral exploration or exploitation, except the case specified at Point e of this Clause;

b/ The Ministry of Natural Resources and Environment shall grant mining licenses for areas that conform with the master plan on group-I minerals or the master plan on group-II minerals;

c/ Provincial-level People’s Committees shall grant mining licenses for areas that conform with provincial master plans;

d/ It is not allowed to exploit minerals in national mineral reserves areas, except the case specified at Point c, Clause 1, Article 33 of this Law.

dd/ It is not allowed to exploit minerals in areas banned from mineral activities or temporarily banned from mineral activities, except the case specified in Clause 2 of this Article.

e/ For an area where mineral activities are ongoing, it is permitted to grant more than one mining license with partially or wholly overlapping surface boundaries to the same organization to conduct mineral exploitation at different depth levels under the mineral exploitation investment project.

2. Mineral exploitation in areas banned or temporarily banned from mineral activities shall be permitted only when the exploitation method and technology used do not adversely affect the subjects in need of protection within those areas and must comply with Clause 3, Article 26 of this Law.

3. The Government shall detail this Article.

Article 56. Mining licenses

1. A mining license must show information on the name of the organization or individual conducting mineral exploitation, content of the license and requirements on the organization or individual that is granted the mining license.

2. The contents of a mining license include:

a/ Location and area of ​​the mineral exploitation area; permitted exploitation depth;

b/ Main minerals, associated minerals (if any);

c/ Mineral reserves or volume permitted to be exploited;

d/ Mining capacity, mineral exploitation method;

dd/ Mineral exploitation period.

3. Requirements on organizations and individuals that are granted a mining license:

a/ Financial obligations, and other related obligations as prescribed by law;

b/ Responsibilities of the organizations and individuals and other requirements (if any) as prescribed by law.

4. The validity duration of a mining license is as follows:

a/ The exploitation period must include the time period for capital construction and the time period for exploitation which shall be determined according to the mineral exploitation investment project but must not exceed 30 years and may be extended for multiple times at the request of the mining license holders, but the total extension period must not exceed 20 years, except the cases specified at Point a, Clause 2, Article 68, and in Clause 3, Article 87, of this Law;

b/ In case the mineral exploitation period, including also the extension period, has expired but the area licensed for exploitation still has mineral reserves, the mining license shall be re-granted at the request of the mining license holder.

5. The validity duration of a re-granted mining license must comply with Point a, Clause 4 of this Article.

Article 57. Grant, extension, re-grant, modification and return of mining licenses

1. The grant of a mining license shall be carried out according to the principles prescribed in Article 55 of this Law and the following grounds:

a/ The result of appraisal of the dossier of application for mining license;

b/ The need for mineral exploitation and use stated in the mining license application form.

2. The Government shall detail Clause 1 of this Article; prescribe cases of extension, re-grant, modification and return of mining licenses; prescribe appraisal agencies; and prescribe dossiers, order and procedures for grant, extension, re-grant, modification and return of mining licenses.

3. The Minister of Natural Resources and Environment shall prescribe the forms of the reports and documents specified in this Article.

Article 58. Transfer of mining rights

1. Organizations and individuals that have been granted a mining license may only transfer mining rights after completing capital construction work and putting the mine into operation.

2. Mining rights transferees must fully satisfy the conditions for grant of a mining license.

3. In case of transfer of mining rights, the transferee must obtain a mining license granted by the competent state management agency specified in Article 108 of this Law. The mineral exploitation period is the remaining period of the previously granted mining license.

4. The Government shall detail this Article; and prescribe the dossiers, order and procedures for transfer of mining rights.

Article 59. Rights and obligations of organizations and individuals conducting mineral exploitation

1. Organizations and individuals conducting mineral exploitation have the following rights:

a/ To use information on minerals in relevance to the purpose of mineral exploitation and the area licensed for mineral exploitation;

b/ To conduct mineral exploitation in accordance with the contents of the mining license and the provisions of this Law;

c/ To conduct supplementary exploration to serve mineral exploitation activities within the boundaries of the area licensed for mineral exploitation;

d/ To recover minerals within the area of the mineral exploitation investment project site when carrying out capital construction of the mine or other activities serving mining activities, and report thereon to the competent state management agency in charge of minerals for consideration and decision;

dd/ To store, transport, consume, export, and exercise other ownership rights with regard to, the exploited minerals in accordance with law;

e/ To request extension, re-grant, modification and return of mining licenses;

g/ To transfer mining rights in accordance with this Law;

h/ To complain, denounce, and initiate lawsuits in accordance with law;

i/ To use waste soil and rock for the purpose of environmental improvement and restoration, construction of works serving mineral exploitation projects, and other purposes;

k/ Other rights in accordance with law.

2. Organizations and individuals conducting mineral exploitation have the following obligations:

a/ To pay mining rights licensing charge; to refund mineral potential assessment costs and mineral exploration costs; to pay taxes, charges and fees in accordance with law;

b/ To prioritize the use of local labor to implement mineral exploitation investment projects and related services;

c/ To coordinate with local administrations in providing support in terms of training, career conversion and job search for households and individuals when the State recovers land to implement mineral exploitation investment projects in accordance with the land law;

d/ To ensure the progress of capital construction of mines and other activities specified in the feasibility study reports or documents equivalent to the feasibility study reports of the mineral exploitation investment projects and mine designs approved in accordance with law, except force majeure circumstances;

dd/ To register the date of commencement of capital construction of mines, and the date of commencement of mineral exploitation with the state management agency competent to grant mining licenses; and notify thereof to the People’s Committees at all levels of the localities where the mines are located before implementation;

e/ In case of supplementary exploration to upgrade resources or reserves of main minerals or determine the reserves of associated minerals (if any), organizations and individuals shall formulate a supplementary exploration scheme, send it to the agency granting mining licenses for consideration and issuance of a written approval before implementation and report thereon to the competent state management agency in order to have the supplementary exploration results recognized;

g/ To maximize exploitation of main minerals and associated minerals in accordance with the mining license; to protect minerals within the boundaries of the areas licensed for mineral exploitation; to ensure occupational safety and health and safety techniques in mineral exploitation; to implement regulations on management and protection of technical infrastructure and environmental protection measures in accordance with law; to comply with regulations on inspection, examination and control of mineral activities in accordance with this Law, the inspection law and other relevant laws;

h/ To store, update and provide information on the results of supplementary  exploration and exploitation of minerals; to control the output of actually exploited minerals before transporting them out of the mineral exploitation investment project sites; to invest in, install and operate, information and data systems on mineral activities and connect them with information and data systems on mineral activities of the state management agencies competent to grant licenses specified in Article 108 of this Law;

i/ To report on the results of mineral exploitation activities to competent state management agencies and be held responsible for the accuracy of the reported information and data;

k/ To compensate for damage caused by mineral exploitation activities in accordance with law;

l/ To create favorable conditions for other organizations and individuals to conduct scientific research activities in mineral exploitation areas in accordance with the law on science and technology;

m/ To close mineral mines; to improve and restore the environment as prescribed by this Law and the law on environmental protection;

n/ After the mineral reserves specified in the mining license have been fully extracted, if the mineral exploitation area still has reserves and the mining license remains valid, to summarize the situation and report thereon to the state management agency in charge of minerals for the latter to adjust the license according to Article 57 of this Law; except cases of sand and gravel exploitation in riverbeds, lake beds and sea areas specified in Chapter VIII of this Law;

o/ Other obligations as prescribed by law.

3. The Government shall detail Points d and i, Clause 1; and Points e and g, Clause 2, of this Article; and prescribe the roadmap for connection to the information and data system on mineral activities specified at Point h, Clause 2 of this Article.

4. The Minister of Natural Resources and Environment shall detail Points dd, h, i and n, Clause 2 of this Article.

Article 60. Occupational safety and health and safety techniques in mineral exploitation

1. Organizations and individuals conducting mineral exploitation and people working at mineral mines shall fully comply with regulations on occupational safety and health and safety techniques as prescribed by this Law, the law on occupational safety and health and other relevant laws.

2. Except the cases specified in Clause 4, Article 62 of this Law, organizations and individuals conducting mineral exploitation must meet the following requirements on safety techniques:

a/ Production managers and executives must meet requirements on professional qualifications and be trained in safety techniques in mineral exploitation;

b/ The system of equipment and means used in mineral exploitation must be suitable to the geological conditions of the mineral exploitation area. In case of pit mining, the system of equipment and means must also ensure safety according to the level of danger caused by flammable and explosive gases;

c/ To formulate and approve a risk management plan and submit it to the competent state management agency. In case of pit mining, to formulate and submit a risk management plan to the Ministry of Industry and Trade for approval in accordance with Clause 3 of this Article;

d/ To have a part-time emergency response team to implement measures to handle emergency situations on site.

3. The time for approving risk management plans for mineral exploration investment projects applying the pit mining method is stipulated as follows:

a/ For a new mineral exploitation investment project, the risk management plan shall be approved before commencement of construction and before the mining pit is put into use;

b/ For a mineral exploitation investment project in the stage of capital construction of the mining facility, the risk management plan shall be approved before the facility is put into use;

c/ For a mineral exploitation investment project that has been put into operation before the effective date of this Law, the risk management plan shall be approved within 24 months from the effective date of this Law.

4. When there is a risk of a technical incident, adversely affecting occupational safety and health, the mine executive manager or mine operations personnel shall immediately apply necessary measures to eliminate the cause of the incident.

5. When a technical incident occurs, adversely affecting occupational safety and health, the mine executive manager or mine operations personnel shall proceed with the following tasks:

a/ To immediately apply emergency measures to remedy the incident; to provide first aid and evacuate people from the dangerous area;

b/ To protect assets and the scene of the incident, unless it is necessary to carry out the activities specified at Point a of this Clause.

6. Agencies, organizations and individuals shall support the provision of first aid and remedy of consequences of technical incidents that adversely affect occupational safety and health.

7. Organizations and individuals conducting mineral exploitation shall comply with the regime of reporting on occupational accidents, and occupational safety and health in mineral exploitation; when an incident occurs, adversely affecting occupational safety, they shall promptly report thereon to competent state management agencies.

8. The Minister of Industry and Trade shall detail Point c, Clause 2, and Clause 3, of this Article.

9. The Government shall detail Points a, b and d, Clause 2, and Clause 7, of this Article.

Article 61. Basic designs of mineral exploitation investment projects, mine designs

1. The basic design of a mineral exploitation investment project is the design made in the construction investment feasibility study report and shall be made, appraised and approved in accordance with the construction law, the investment law and other relevant laws.

2. Mine designs are to serve mineral exploitation activities; the mine design must conform with the basic design. The order and procedures for making, appraisal and approval of mine designs must follow the one-step or multiple-step order prescribed by the construction law and fall into one of the following cases:

a/ In case of one-step design or two-step design, the mine design is the construction drawing design;

b/ In case of three-step design, the mine design includes technical design and construction drawing design.

3. Organizations and individuals conducting mineral exploitation may commence capital construction of mines and exploit minerals only after having mine designs approved and sent to the competent state management agency.

4. The Minister of Industry and Trade shall prescribe the contents of basic designs of mineral exploitation investment projects and mine designs.

5. The Government shall detail Clause 3 of this Article; and prescribe the subjects required to have basic designs of mineral exploitation investment projects and mine designs.

Article 62. Mine executive managers, mine operations personnel

1. For mineral exploitation, there must be a mine executive manager, except the case specified in Clause 4 of this Article.

2. In case of pit mining, 1 mine executive manager shall manage only 1 mining license. In case of open-pit mining, 1 mine executive manager may manage at most 3 mining licenses granted to the same organization or individual but the distance between the mines must not exceed 10 kilometers.

3. The post of mine executive manager shall be held by persons with qualifications and capacity meeting the law-specified requirements and appointed by the organizations or individuals licensed to conduct mineral exploitation or directly held by the individuals or heads of the organizations licensed to conduct mineral exploitation.

4. The following cases do not require a mine executive manager but there must be mine operations personnel in charge of technical work in mining, occupational safety and health, and environmental protection in mineral exploitation:

a/ Exploiting group-II and group-III minerals without using industrial explosives;

b/ Exploiting minerals in areas with scattered, small amounts of minerals as prescribed in Article 27 of this Law, except cases of using industrial explosives or conducting pit mining.

5. Organizations and individuals that are granted a mining license shall have the following responsibilities:

a/ To ensure conditions for the mine executive manager or mine operations personnel to perform his/her/their duties;

b/ To send notices of professional qualifications and managerial capacity of the mine executive manager to the state management agency competent to grant mining licenses before commencing mining activities or in case of changing the mine executive manager. In case the mine executive manager fails to meet the law-prescribed standards, the competent state management agency in charge of minerals shall notify thereof in writing to the concerned organization or individual.

6. The Government shall detail this Article.

Article 63. Status-quo maps and cross-section drawings of areas licensed for mineral exploitation

1. Organizations and individuals exploiting solid minerals shall make, update, manage and retain status-quo maps and cross-section drawings of areas licensed for mineral exploitation from the time of commencement of capital construction of mines until the end of mineral exploitation period according to the granted mining license.

2. The Minister of Natural Resources and Environment shall prescribe the objects, time of submission, form and content of status-quo maps and cross-section drawings of areas licensed for mineral exploitation.

Article 64. Statistics and inventory of mineral reserves

1. Organizations and individuals conducting mineral exploitation shall make statistics on exploited mineral reserves on an annual basis; inventory the remaining mineral reserves at the time of requesting extension, modification, transfer or return of mining licenses and closure of mineral mines; and be held responsible before law for the accuracy and truthfulness of the information and data of their statistics and inventories.

2. To make statistics on mineral reserves annually exploited and total exploited mineral reserves from the date of commencement of exploitation to the time of making statistics, including:

a/ Information on mineral resources and reserves recognized by competent state agencies; mineral resources and reserves maps and cross-section drawings;

b/ Actually exploited output or volume of minerals according to weighing or measurement results; data on declaration and payment of royalty and environmental protection charge in mineral exploitation;

c/ Information and data from results of analysis and assessment of mineral quality or content; results of confirmation and handover of output or volume of exploited minerals; volume of waste soil and rock in each stage of exploitation;

d/ Results of actual measurement of the current status of exploitation during the process of making status-quo maps and cross-section drawings of mineral exploitation areas for solid minerals.

3. The inventory of remaining mineral reserves from the date of commencement of exploitation to the time of inventory shall be synthesized from relevant documents, including:

a/ Information on mineral reserves specified in the mining license;

b/ Statistics on mineral reserves exploited annually and total exploited mineral reserves from the date of commencement of exploitation to the time of inventory;

c/ Data on the remaining mineral resources and reserves within the boundaries of the area licensed for mineral exploitation.

4. The making of statistics and inventory of mineral volumes in the case specified at Point d, Clause 1, Article 59 of this Law must comply with Clauses 1, 2 and 3 of this Article.

5. The Government shall detail Clauses 1, 2, 3 and 4 of this Article.

6. The Minister of Natural Resources and Environment shall prescribe the forms of reports and documents specified in this Article.

Article 65. Exploitation of strategic and important minerals, toxic minerals and radioactive minerals

1. For strategic and important minerals, organizations and individuals conducting mineral exploitation shall comply with the following provisions:

a/ To perform the obligations specified in Clause 2, Article 59 of this Law;

b/ To meet market access conditions in accordance with the investment law and other relevant laws, for foreign investors;

c/ To be subject to the administration of competent state management agencies in conformity with the socio-economic development strategy for each period.

2. In addition to fulfilling the obligations specified in Clause 2, Article 59 of this Law, organizations and individuals exploiting toxic minerals or radioactive minerals shall also comply with the Law on Atomic Energy and other relevant laws.

3. The Government shall prescribe organizations licensed to exploit strategic and important minerals, toxic minerals and radioactive minerals.

Article 66. Revocation and invalidation of mining licenses

1. A mining license shall be revoked in the following cases:

a/ The license is issued ultra vires or has contents contrary to law;

b/ The area licensed for mineral exploitation is declared to be an area banned from mineral activities or an area temporarily banned from mineral activities;

c/ A competent state agency decides to revoke the entire land area or sea area under the mining license for use for other purposes in accordance with the land law, law of the sea, the law on marine and island resources and environment and other relevant laws;

d/ The organization or individual that is granted the mining license seriously violates its/his/her obligations in mineral exploitation activities.

2. A mining license shall be invalidated in one of the following cases:

a/ The license is revoked;

b/ The license has expired but is disqualified for extension or re-grant;

c/ The license is returned;

d/ The organization licensed to conduct mineral exploitation is dissolved or goes bankrupt;

dd/ The organization or individual licensed to conduct mineral exploitation has its/his/her enterprise registration certificate, cooperative registration certificate, union of cooperatives registration certificate, or business household registration certificate revoked in accordance with the law on enterprises or the law on cooperatives;

e/ The organization or individual licensed to conduct mineral exploitation has its/his/her investment project terminated by a competent state management agency in accordance with the investment law;

g/ The organization or individual licensed to conduct mineral exploitation has the land or sea area recovered by a competent state management agency in accordance with the land law and other relevant laws, for mineral exploitation investment projects that violate the land law and other relevant laws;

h/ The invalidation is effective under a court judgment or ruling or an arbitral award.

3. In case its/his/her mining license is invalidated under Point a, b, dd, e, g or h, Clause 2 of this Article, the organization or individual licensed to conduct mineral exploitation shall perform the following obligations:

a/ To close the mineral mine according to Section 2, Chapter VII of this Law;

b/ Within 6 months from the date the mining license is invalidated, to move the assets of its/his/her owns and those of related parties out of the mineral exploitation investment project site, except the works and equipment specified at Point c of this Clause; past this time limit, the remaining assets shall be handled in accordance with law;

c/ Not to dismantle or destroy mine safety and environmental protection works and equipment in the mineral exploitation area.

4. In case a mining license for a certain area is invalidated but there remain mineral reserves and the organization or individual that has been previously granted a mining license for that area is disqualified for extension or re-grant of the mining license, the grant of a mining license to another organization or individual must comply with this Law.

5. Organizations and individuals licensed to conduct mineral exploitation whose mining licenses are revoked according to Point b or c, Clause 1 of this Article shall be compensated for damage in accordance with law.

6. The Government shall detail Point d, Clause 1; Point c, Clause 3; and Clauses 4 and 5, of this Article; and prescribe the dossiers, order and procedures for revocation of mining licenses.

Section 3

SALVAGE MINING

Article 67. General provisions on salvage mining

1. Salvage mining includes:

a/ Selective exploitation of residual minerals at waste dumps of mines for which mine closure decisions have been issued;

b/ Exploitation of all minerals at waste dumps, including also waste soil and rock, of mines for which mine closure decisions have been issued.

2. Principles for granting a salvage mining license:

a/ To ensure requirements on occupational safety and health, safety techniques, and environmental protection in mineral exploitation; not to cause negative impacts on communities in areas surrounding waste dumps;

b/ For waste dumps with a great height and complex terrain, there must be a mine design as prescribed in Article 61 of this Law;

c/ It is not required to base on the geological and mineral management plan prescribed in Clause 2, Article 12 of this Law;

d/ Salvage mining licenses shall be considered for grant to organizations and individuals that meet the conditions prescribed in Article 53 of this Law.

3. The Government shall detail Point b, Clause 2 of this Article.

Article 68. Salvage mining licenses

1. Information and contents stated in a salvage mining license include:

a/ The information and contents specified in Clause 1; at Points a, b, d and dd Clause 2; and in Clause 3, Article 56 of this Law;

b/ The volume of minerals licensed for exploitation.

2. Validity duration of a salvage mining license:

a/ The salvage mining duration includes the time for capital construction of the mine and the salvage mining period which shall be determined according to the mineral exploitation investment project but must not exceed 10 years and may be extended for multiple times upon request of the salvage mining license holder with the total extension period not exceeding 5 years;

b/ In case the salvage mining rights are transferred to another organization or individual, the salvage mining duration is the remaining validity period of the salvage mining license previously granted.

Article 69. Grant, extension, modification and return of salvage mining licenses, transfer of salvage mining rights

1. The grant of a salvage mining license must comply with the principles specified in Clause 2, Article 67 of this Law and the following grounds:

a/ Results of appraisal of the dossier of application for salvage mining license;

b/ The need for mineral exploitation and use stated in the salvage mining license application form.

2. The Government shall detail Clause 1 of this Article; prescribe cases of extension, modification and return of salvage mining licenses, and transfer of salvage mining rights; prescribe appraisal agencies; prescribe the dossiers, order and procedures for grant, extension, modification and return of salvage mining licenses, and transfer of salvage mining rights.

3. The Minister of Natural Resources and Environment shall prescribe the forms of reports and documents specified in this Article.

Article 70. Rights and obligations of organizations and individuals licensed to conduct salvage mining

1. Organizations and individuals licensed to conduct salvage mining have the following rights:

a/ To use information on minerals in relevance to the purposes of salvage mining activities and the area licensed for salvage mining;

b/ To carry out salvage mining activities according to the contents specified in the salvage mining license and the provisions of this Law;

c/ To recover minerals within the mineral exploitation investment project site when carrying out capital construction of the mine or other activities serving the mining activities and report thereon to the competent state management agency in charge of minerals for consideration and decision;

d/ To store, transport, consume, export, and other exercise other ownership rights over, exploited minerals in accordance with law;

dd/ To request extension, modification or return of the salvage mining license;

e/ To transfer the salvage mining rights in accordance with this Law;

g/ To complain, denounce, and initiate lawsuits in accordance with law;

h/ To use waste soil and rock for the purpose of environmental improvement and restoration, works serving the mineral exploitation project and other purposes;

i/ Other rights as prescribed by law.

2. Organizations and individuals licensed to conduct salvage mining have the following obligations:

a/ To pay mining rights licensing charge, taxes, charges and fees as prescribed by law;

b/ To prioritize the use of local labor to implement mineral exploitation investment projects and related services;

c/ To coordinate with local administrations in providing support in terms of training, career conversion and job search for households and individuals when the State recovers land to implement mineral exploitation investment projects in accordance with the land law;

d/ To ensure the progress of capital construction of mines and other activities specified in the feasibility study reports or documents equivalent to the feasibility study reports of the mineral exploitation investment projects and mine designs approved in accordance with law, except force majeure circumstances;

dd/ To register the date of commencement of capital construction of the mine, and the date of commencement of mineral exploitation with the state management agency competent to grant mining licenses; and notify thereof to the People’s Committees at all levels of the localities where the mines are located before implementation;

e/ To maximize exploitation of main minerals and associated minerals in accordance with the salvage mining license; to protect minerals within the boundaries of the area licensed for mineral exploitation; to ensure occupational safety and health and safety techniques in mineral exploitation; to implement regulations on management and protection of technical infrastructure and environmental protection measures in accordance with law; to comply with regulations on inspection, examination and control of mineral activities in accordance with this Law, the inspection law and other relevant laws; to have mine executive managers or mine operations personnel in accordance with law;

g/ To store, update and provide information on the results of salvage mining; to control the output of actually exploited minerals before transporting them out of the mineral exploitation investment project site; to invest in, install and operate information and data systems on mineral activities and connect them with information and data systems on mineral activities of provincial-level People’s Committees and the Ministry of Natural Resources and Environment;

h/ To make statistics and inventories of the volume of exploited minerals;

i/ To report on the results of salvage mining to competent state management agencies and be held responsible for the accuracy of the reported information and data;

k/ To compensate for damage caused by mineral exploitation activities in accordance with law;

l/ To create favorable conditions for other organizations and individuals to conduct scientific research activities in areas where salvage mining is conducted in accordance with the law on science and technology;

m/ To close mineral mines; to renovate and restore the environment as prescribed by this Law and the law on environmental protection;

n/ After the mineral volume specified in the salvage mining license has been fully exploited, if there remain minerals and the salvage mining license is still valid, to summarize the situation and report thereon to the state management agency in charge of minerals for the latter to adjust the license according to this Law;

o/ Other obligations as prescribed by law.

3. The Government shall detail Points c and h, Clause 1; and Points e and h, Clause 2, of this Article; and prescribe the roadmap for connection to the information and data systems on mineral activities specified at Point g, Clause 2 of this Article.

4. The Minister of Natural Resources and Environment shall detail Points dd, g, i and n, Clause 2 of this Article.

Article 71. Revocation of salvage mining licenses

1. A salvage mining license shall be revoked in the following cases:

a/ The license is issued ultra vires or has contents contrary to law;

b/ The area licensed for salvage mining is declared to be an area banned from mineral activities or an area temporarily banned for mineral activities;

c/ A competent state agency decides to revoke the entire land area under the salvage mining license for use for other purposes in accordance with the land law;

d/ The organization or individual that is granted the salvage mining license seriously violates its/his/her obligations in mineral exploitation activities.

2. A salvage mining license shall be invalidated in one of the following cases:

a/ The license is revoked;

b/ The license has expired but is disqualified for extension;

c/ The license is returned;

d/ The organization licensed to conduct salvage mining is dissolved or bankrupt;

dd/ The organization or individual licensed to conduct salvage mining has its/his/her enterprise registration certificate, cooperative registration certificate, union of cooperatives registration certificate, or business household registration certificate revoked in accordance with the law on enterprises or the law on cooperatives;

e/ The organization or individual licensed to conduct salvage mining has its/his/her investment project terminated by a competent state management agency in accordance with the investment law;

g/ The organization or individual licensed to conduct salvage mining has the land area under its/his/her mineral exploitation investment project recovered by a competent state management agency due to its/his/her violation of the land law.

h/ The invalidation is effective under a court judgment or ruling or an arbitral award.

3. Organizations and individuals licensed to conduct salvage mining whose salvage mining licenses are invalidated under Point a, b, dd, e, g or h, Clause 2 of this Article shall be obliged to comply with the requirements specified in Clause 3, Article 66 of this Law.

4. Organizations and individuals licensed to conduct salvage mining whose salvage mining licenses are revoked under Point b or c, Clause 1 of this Article shall be compensated for damage in accordance with law.

5. The Government shall detail Point d, Clause 1, and Clause 4, of this Article; and prescribe the procedures for revocation of salvage mining licenses.

Section 4

EXPLOITATION OF GROUP-IV MINERALS

Article 72. Organizations and individuals exploiting group-IV minerals

Organizations and individuals considered for grant of licenses for exploitation of group-IV minerals include:

1. The organizations and individuals specified in Article 53 of this Law;

2. Organizations approved or selected by competent state management agencies as construction contractors for:

a/ Implementation of national important projects, urgent public investment projects, and construction works and work items of national target programs in accordance with the law on public investment;

b/ Implementation of urgent mobilization measures to promptly respond to emergency situations concerning disasters, and construction of works for disaster prevention and control in accordance with the law on disaster prevention and control.

Article 73. General provisions on exploitation of group-IV minerals

1. The exploitation of group-IV minerals shall be as follows:

a/ It is not required to carry out procedures for applying for a mineral exploration license but surveys and general information assessment of to-be-exploited minerals must be conducted;

b/ The grant of mining licenses must comply with Clause 2 of this Article and Article 74 of this Law, except cases of salvage mining.

2. The exploitation of group-IV minerals must adhere to the following principles:

a/ To conduct mineral exploitation only in areas where no organizations or individuals are legally exploring or exploiting minerals;

b/ The exploitation of group-IV minerals in national mineral reserve areas may not affect mineral resources, reserves and quality with regard to minerals that are reserve items and must not exceed the reserve period;

c/ The grant of mining licenses is not necessarily based on geological and mineral management plans specified in Clause 2, Article 12 of this Law;

d/ In case of exploitation of group-IV minerals for the purposes of implementation of projects, construction works or works items or for implementation of urgent mobilization measures specified in Clause 2, Article 72 of this Law, it is not required to carry out procedures for submission of mining projects to competent state agencies for decision or approval of investment policy, approval of the investment projects, and appraisal and approval of the results of appraisal of environmental impact assessment reports, and the procedures for grant of environmental licenses and environmental registration, but it is required to formulate and submit plans on exploitation of group-IV minerals to competent state management agencies for consideration and grant of mining licenses in accordance with this Law.

3. Organizations and individuals exploiting group-IV minerals have the following rights:

a/ To exploit minerals according to the mining licenses granted by competent state management agencies;

b/ To store, transport, sell, and have other ownership rights over, the exploited minerals in accordance with law;

c/ To request the extension, modification and return of mining licenses;

d/ To lodge complaints and denunciations and initiate lawsuits in accordance with law;

dd/ To exercise other rights in accordance with law.

4. Organizations and individuals exploiting group-IV minerals have the following obligations:

a/ To pay mining right licensing charges, and other taxes, charges and fees in accordance with law;

b/ To prioritize the use of local labor in mineral exploitation activities and related services;

c/ To maximize mineral exploitation according to the granted mining licenses;

d/ To ensure exploitation progress according to mining licenses, except cases of force majeure events;

dd/ To ensure occupational safety and health and safety techniques in mineral exploitation; to comply with regulations on management and protection of technical infrastructure and environmental protection measures in accordance with law; to have mine operations personnel as specified in Article 62 of this Law;

e/ To comply with regulations on inspection, examination and control of mineral activities in accordance with this Law, the law on inspection and other relevant laws;

g/ To control the actually exploited mineral outputs before transporting them out of mineral exploitation areas;

h/ To report the results of mineral exploitation activities to competent state management agencies and be held responsible for the accuracy of the reported information and data;

i/ To carry out mine closure in accordance with this Law and environmental renovation and restoration in accordance with the law on environmental protection;

k/ To perform other obligations in accordance with law.

5. The Government shall specify environmental protection, renovation and restoration in the exploitation of group-IV minerals; and prescribe the handling of unused minerals specified at Point d, Clause 2 of this Article.

6. The Minister of Natural Resources and Environment shall detail Point a, Clause 1; Point d, Clause 2; and Point h, Clause 4, of this Article.

Article 74. Grant of mining licenses with regard to group-IV minerals

1. Organizations and individuals shall formulate dossiers of request for permission for exploitation of group-IV minerals for submission to the competent state management agencies specified in Clause 2, Article 108 of this Law for consideration and grant of mining licenses with regard to group-IV minerals.

2. The Government shall prescribe appraisal agencies; validity duration of mining licenses with regard to group-IV minerals; extension, modification, return, revocation, and invalidation of mining licenses with regard to group-IV minerals; and dossiers, order and procedures for grant, extension, modification, return, and revocation of mining licenses with regard to group-IV minerals.

3. The Minister of Natural Resources and Environment shall specify the form of mining license with regard to group-IV minerals and document forms of the dossiers of request for grant of mining licenses with regard to group-IV minerals.

Section 5

MINERAL RECOVERY

Article 75. General provisions on mineral recovery

1. Organizations and individuals shall be considered for grant of letters of confirmation of registration for mineral recovery in the following cases:

a/ The cases specified at Point d, Clause 1, Article 59; and Point c, Clause 1, Article 70, of this Law;

b/ Project owners or investors conducting mineral recovery in the construction sites of ​​work items under their investment projects approved or permitted by competent state agencies, including also minerals located in areas where mineral activities are banned, areas where mineral activities are temporarily banned, and national mineral reserve areas;

c/ Project owners or investors conducting dredging activities combined with mineral recovery in the waters of seaports, fishing ports, storm shelters, inland waterway waters, riverbeds, lakebeds or other water areas and wetlands under projects or plans approved by competent state management agencies;

d/ Land users conducting renovation or construction of works on residential land or agricultural land and permitted to recover group-III and group-IV minerals from these activities;

dd/ Organizations and individuals conducting mine closure and permitted to recover minerals.

2. The mineral recovery specified in Clause 1 of this Article shall not apply to natural mineral water and natural thermal water and must adhere to the following principles:

a/ For the cases specified at Points a, b, c and dd, Clause 1 of this Article, it is permitted recover minerals only when the terrain surfaces must be leveled, excavated or backfilled to create construction grounds or dredging must be carried out according to the designs of projects or mine closure schemes or plans approved or accepted by competent state management agencies;

b/ For the case specified at Point d, Clause 1 of this Article, land users may recover minerals activities only when terrain surfaces must be leveled, excavated or backfilled to create construction grounds for such work items.

3. In case of recovering group-I minerals as specified at Points b and c, Clause 1 of this Article, project owners or investors must assess economic efficiency of mineral recovery for reporting to competent state management agencies for consideration and decision.

4. The recovery of group-II, group-III and group-IV minerals specified in Clause 1 of this Article must comply with the following regulations:

a/ It is permitted to use minerals for construction of works or work items under these projects, schemes or plans;

b/ It is permitted to supply minerals to other works or projects.

5. Organizations and individuals recovering minerals must register mineral recovery activities with competent state management agencies in charge of minerals, except the cases specified at Point a, Clause 1 and Point a, Clause 4 of this Article.

6. The Government shall detail this Article; specify the handling of minerals in case mineral recovery is not carried out, and the competence, dossiers, order and procedures for mineral recovery registration certification.

Article 76. Rights and obligations of organizations and individuals conducting mineral recovery

1. Organizations and individuals conducting mineral recovery have the following rights:

a/ To recover minerals according to letters of confirmation of registration of mineral recovery issued by competent state agencies;

b/ To store, transport, sell, export, and exercise other ownership rights over, recovered minerals in accordance with law;

c/ To exercise other rights in accordance with law.

2. Organizations and individuals conducting mineral recovery have the following obligations:

a/ To pay mining right licensing charges, and other taxes, charges and fees in accordance with law, except the case specified in Clause 3, Article 98 of this Law;

b/ To comply with regulations on management and protection of technical infrastructure and implement environmental protection measures in accordance with law;

c/ To report the results of mineral recovery activities to competent state management agencies according to the Minister of Natural Resources and Environment’s regulations and be held responsible for the accuracy of reported information and data;

d/ To compensate for any damage caused by mineral recovery activities;

dd/ To perform other obligations in accordance with law.

Section 6

MINERAL PROCESSING

Article 77. Organizations and individuals processing minerals

Organizations and individuals processing minerals include those granted mining licenses or salvage mining licenses and conducting mineral processing activities under mineral exploitation investment projects.

Article 78. General provisions on mineral processing

1. Mineral processing must adhere to the following principles:

a/ To comply with the master plans on group-I minerals, master plans on group-II minerals or national sectoral master plans, and provincial master plans;

b/ To comply with the law on minerals, the law on investment and other relevant laws;

c/ To-be-processed minerals must be of lawful origin in accordance with law.

2. Organizations and individuals processing minerals must apply advanced technologies and use modern equipment that are resource-, energy- and water resource-efficient and protect the environment.

3. The Government shall detail this Article.

Chapter VII

ENVIRONMENTAL PROTECTION IN MINERAL EXPLOITATION; MINE CLOSURE

Section 1

ENVIRONMENTAL PROTECTION IN MINERAL EXPLOITATION

Article 79. General requirements on environmental protection in mineral exploitation

1. Organizations and individuals conducting mineral exploitation must prioritize the use of environment-friendly technologies, equipment and materials; implement solutions to prevent and minimize negative impacts on the environment, and renovate and restore the environment in accordance with the law on environmental protection and other relevant laws.

2. Organizations and individuals conducting mineral activities must implement solutions and bear all expenses related to environmental protection, renovation and restoration.

Article 80. Environnemental protection in mineral exploitation

1. To comply with the law on environmental protection.

2. To comply with requirements on risk management specified in Article 60 of this Law.

Section 2

MINE CLOSURE

Article 81. General requirements on mine closure

The closure of mines must meet the following requirements:

1. To fully make statistics of the reserves and volumes of exploited minerals; to carry out inventory of the remaining reserves and volumes of minerals;

2. To ensure that the natural environment, including soil, water, vegetation and landscape, of the whole or part of the post-mining areas meets the requirements on environmental renovation and restoration in accordance with the law on environmental protection;

3. To ensure the stability and safety of the areas after mine closure;

4. To optimize the efficiency of post-mining land use.

Article 82. Mine closure schemes and plans

1. Except the cases specified in Clauses 2, 3 and 4 of this Article, an organization or individual conducting mineral exploitation or salvage mineral exploitation shall formulate a mine closure scheme for the whole or part of the mineral exploitation area in the following cases:

a/ All mineral reserves within the area and depth boundary of the mineral exploitation area have been fully exploited;

b/ The mining license is invalidated as specified at Point a, b, dd, e, g or h, Clause 2, Article 66 of this Law;

c/ The salvage mining license is invalidated as specified at Point a, b, dd, e, g or h, Clause 2, Article 71 of this Law;

d/ The exploitation duration specified in the mining license or salvage mining license has expired but conditions for extension or re-grant are not met;

dd/ The organization or individual requests return of the mining license or salvage mining license.

2. Except the cases specified in Clauses 3 and 4 of this Article, it is not required to formulate mine closure schemes but mine closure plans must be formulated in the following cases:

a/ Grant of licenses for exploitation of natural mineral water, natural thermal water and minerals in riverbeds, lakebeds, and sea areas;

b/ Return of part of the exploited areas.

3. Except the case specified in Clause 4 of this Article, the closure of mines in case of exploitation of group-IV minerals shall be as follows:

a/ To comply with the requirements specified in Article 81 of this Law;

b/ To be exempt from carrying out procedures for appraisal and approval of mine closure schemes and acceptance of mine closure plans.

4. Mine closure is not required in the following cases:

a/ A mining license or salvage mining license is invalidated but the license holder has yet to conduct mineral exploitation activities;

b/ A mining license or salvage mining license has expired and is being considered for modification, extension, or re-grant;

c/ An organization or individual requests return of a mining license or salvage mining license and has yet to conduct mineral exploitation activities.

5. The Minister of Natural Resources and Environment shall specify the contents of mine closure schemes and plans.

Article 83. Appraisal and approval of mine closure schemes, acceptance of mine closure plans

1. Organizations and individuals conducting mineral exploitation and falling into the case specified in Clause 1, Article 82 of this Law shall submit a dossier of request for appraisal and approval of mine closure schemes to the competent state management agency specified in Article 108 of this Law for appraisal and approval before carrying out mine closure activities.

2. The competent state management agency shall approve or adjust the mine closure schemes according to its competence specified in Article 108 of this Law.

3. The appraisal of mine closure schemes shall be performed by the Council for Mine Closure Scheme Appraisal.

4. Decisions approving mine closure schemes shall serve as a basis for carrying out the following activities:

a/ Inspection, examination and supervision of the competent state agency in charge of mine closure activities of the concerned organizations or individuals;

b/ Exercise of the rights and performance of the obligations of the concerned organizations or individuals as specified in Article 85 of this Law.

5. The organizations and individuals specified in Clause 1, Article 82 of this Law shall be obliged to formulate dossiers of request for approval of adjustment of mine closure schemes if wishing to change the time, volume of work items and implementation expenses in the approved schemes.

6. For the case specified in Clause 2, Article 82 of this Law, organizations and individuals shall formulate a mine closure plan for submission to the competent state management agency specified in Article 108 of this Law for consideration and approval in writing before conducting mine closure.

7. The Government shall detail Clauses 1, 2, 3, 5 and 6 of this Article; and prescribe the dossiers, order and procedures for appraisal, approval and adjustment of mine closure schemes and acceptance of mine closure plans.

Article 84. Closure of mines

1. Organizations and individuals conducting mineral exploitation and falling into the cases specified in Clauses 1 and 2, Article 82 of this Law shall close mines after the competent state management agencies specified in Article 108 of this Law approve mine closure schemes or accept mine closure plans.

In case of exploiting group-IV minerals, organizations and individuals conducting mineral exploitation shall close mines and report mine closure results to the competent state management agencies specified in Article 108 of this Law.

2. In case its/his/her license is invalidated under Point d, Clause 2, Article 66, or Point d, Clause 2, Article 71 of this Law or in case an organization or individual conducting mineral exploitation is unable to close the mine, the preparation and organization of mine closure shall be carried out by a qualified unit selected in accordance with the bidding law. The competence to select a unit for carrying out mine closure shall be vested with:

a/ The Ministry of Natural Resources and Environment, for mining licenses or documents of the equivalent validity granted by central agencies;

b/ Provincial-level People’s Committees, for cases other than those specified at Point a of this Clause.

3. Funds for mine closure in the cases specified in Clause 2 of this Article shall be allocated from:

a/ The deposit for environmental renovation and restoration paid by the organization or individual that has been granted a mining license or salvage mining license;

b/ Funds for handling of assets of the enterprise or cooperative arising after a decision declaring the enterprise’s or cooperative’s dissolution or bankruptcy (if any) is issued in accordance with the law on enterprises, the law on cooperatives or the law on bankruptcy;

c/ In case the amount specified at Point a or b of this Clause is not enough for mine closure, the deficit amount shall be allocated from the state budget in accordance with the law on the state budget.

4. The Government shall detail this Article; and prescribe subjects of, and dossiers, order and procedures for issuance of mine closure decisions.

Article 85. Rights and obligations of organizations and individuals carrying out mine closure

1. Organizations and individuals carrying out mine closure have the following rights:

a/ To be refunded in installments or in one-off the deposits for environmental renovation and restoration when the organizations or individuals complete mine closure for part or the whole of the area of the mineral exploitation areas according to the approved mine closure schemes or accepted mine closure plans;

b/ To adjust the time and volumes of work items in the mine closure schemes or mine closure plans after being permitted by competent state management agencies;

c/ To be leased land and assigned sea areas in accordance with law suitable to the implementation progress of the mine closure schemes or mine closure plans;

d/ To recover minerals during the process of mine closure;

dd/ To exercise other rights in accordance with law.

2. Organizations and individuals carrying out mine closure have the following obligations:

a/ To protect unexploited minerals within the boundaries of the areas where the mine closure schemes or mine closure plans are implemented until the closed mine areas are handed over to localities for management;

b/ To implement environmental protection, renovation and restoration solutions in accordance with the law on environmental protection;

c/ To fully perform the volume of work items according to the schedules stated in the mine closure schemes or mine closure plans;

d/ To ensure occupational safety and environmental protection during the process of mine closure;

dd/ To report on the mine closure results to competent state management agencies;

e/ To fulfill financial obligations arising during the process of mine closure;

g/ To take responsibility before law for the accuracy of the contents of the mine closure schemes or mine closure plans;  and for the information, data, dossiers, documents and implementation volumes of mine closure;

h/ To compensate for any damage caused by mine closure activities;

i/ To perform other obligations in accordance with law.

Chapter VIII

MANAGEMENT OF SAND AND GRAVEL IN RIVERBEDS, LAKEBEDS AND SEA AREAS

Article 86. Principles of the exploration, exploitation and recovery of sand and gravel in riverbeds, lakebeds and sea areas

1. The exploration and exploitation of sand and gravel in riverbeds, lakebeds and sea areas must comply with this Law’s provisions regarding group-II and group-III minerals and meet the following requirements:

a/ Exploitation activities must be controlled and supervised by using modern technological means and equipment to control mineral reserve fluctuations; safety risks and serious impacts on the environment; and risks of landslides and instability of riverbeds, river banks, river alluvium grounds, and seashores;

b/ Impacts of exploitation activities must be assessed in accordance with the law on water resources, the law on marine and island resources and environment, the law on environmental protection and other relevant laws.

2. Dredging combined with mineral recovery in waters of seaports, fishing ports and storm shelters, inland waterway waters, riverbeds, hydroelectric reservoirs and hydraulic reservoirs must comply with this Law and meet the following requirements:

a/ To comply with the laws on inland waterway navigation, hydraulic work, maritime, water resources, environmental protection, dikes, and disaster prevention and control and other relevant laws;

b/ To refrain from taking advantage of dredging activities to illegally exploit and recover sand and gravel;

c/ To register mineral recovery with competent state management agencies in accordance with law.

3. In case the mineral reserves specified in mining licenses have been fully exploited, the exploitation must be stopped for carrying out mine closure procedures.

4. The Government shall detail this Article.

Article 87. Principles of granting licenses for exploration and exploitation of sand and gravel in riverbeds, lakebeds and sea areas

The grant of licenses for exploration and exploitation of sand and gravel in riverbeds, lakebeds, and sea areas must adhere to the principles specified in Clause 1, Article 43; and Clause 1, Article 55, of this Law and meet the following requirements:

1. State management agencies competent to grant licenses for mineral exploration and licenses for exploitation of sand and gravel in riverbeds, lakebeds, and sea areas shall consult relevant agencies and organizations before granting licenses;

2. In case a riverbed, lakebed or sea area for sand and gravel exploration or exploitation borders on two or more provincial-level administrative units, the provincial-level People’s Committee of the locality where the organization or individual applying for a license for exploration or exploitation of sand and gravel in riverbeds, lakebeds, and sea areas is located shall, before granting the license, consult in writting the People’s Committee(s) of the bordering province(s);

3. A license for exploitation of sand and gravel in riverbeds and lakebeds shall be valid for at most 10 years. In case the validity period of a license is shorter than 10 years and the mineral reserves stated in the license are not fully exploited within the period, the license may be considered for extension or re-grant but the total validity period of the initial license and the extended or re-granted one must not exceed 10 years;

4. Licenses for exploitation of sand and gravel in riverbeds and lakebeds must clearly state the time of day and of year when exploitation activities are permitted;

5. The Government shall detail this Article.

Article 88. Rights and obligations of organizations and individuals conducting exploitation of sand and gravel in riverbeds, lakebeds, and sea areas

1. To exercise the rights specified in Clause 1, Article 59 of this Law.

2. To perform the obligations specified at Points a, b, c, d, dd, e, g, h, i, k, l, m and o, Clause 2, Article 59 of this Law and meet the following requirements:

a/ To register wharves, gathering locations, types of vehicles and equipment used to exploit and transport sand and gravel in accordance with the law on inland waterway navigation and other relevant laws;

b/ To install tracking devices and store data and information on the positions and journey itineraries of vehicles and equipment used to exploit and transport sand and gravel and connect them with the information and data systems on mineral activities of provincial-level People’s Committees and the Ministry of Natural Resources and Environment;

c/ To sign transportation contracts with vehicle owners satisfying law-prescribed conditions for transportation of sand and gravel in case organizations or individuals conducting exploitation of sand and gravel do not transport sand and gravel by themsevles;

d/ To install noticeboards to publicize information on sand and gravel exploitation licenses and projects;

dd/ To perform the obligations and responsibilities for disaster prevention and control in accordance with law;

e/ To fulfill financial obligations in accordance with this Law and other relevant laws.

3. The Government shall detail Clause 2 of this Article.

Chapter IX

INFORMATION AND DATA ON GEOLOGY AND MINERALS

Article 89. Information and data on geology and minerals

1. Information and data on geology and minerals include:

a/ Data on basic geological investigation;

b/ Data on mineral-related geological investigation;

c/ Monitoring and warning data in basic geological investigation, environmental geology and geological hazards;

d/ Data on exploitation and use of geological and mineral resources;

dd/ Results of programs, schemes, topics, projects and tasks in management, basic investigation and scientific research on geological and mineral investigation;

e/ Results of the performance of statistics and inventories of geological and mineral resources;

g/ Other data relating to geological investigation and geological and mineral resources at home and abroad;

h/ Information and data on mineral exploration licenses and mining licenses;

i/ Information and data on periodical reports on mineral activities and mine closures; inspection and examination results;

k/ Information and data on areas banned from mineral activities, areas temporarily banned from mineral activities;

l/ Information and data on areas subject to auction of mining rights, and areas not subject to auction of mining rights;

m/ Information and data on mineral exploration results;

n/ Geological and mineral specimens, museum specimens.

2. Geological and mineral information and data shall be designed comprehensively and built into a unified system nationwide, serving multiple purposes according to national and international standards and technical regulations recognized in Vietnam; and serving the building, management, exploitation and use of geological and mineral databases, including:

a/ The geological and mineral database;

b/ Digital infrastructure, software systems, and information security systems.

3. The geological and mineral database is a unified collection of all information on results of basic geological investigation, mineral-related geological investigation, geological and mineral resources, and mineral activities nationwide, which shall be built, updated, stored and managed to meet demand for access to, and provision and use of, information in a unified manner from the central to local levels, serving the state management of geology and minerals.

4. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, government-attached agencies, and provincial-level People’s Committees in, building the geological and mineral database. The Minister of Natural Resources and Environment shall specify forms of information and data on geology and minerals.

5. The Government shall specify the building of the geological and mineral database.

Article 90. Handover and receipt of information and data on geology and minerals

1. Organizations conducting basic geological investigation, mineral-related geological investigation and mineral exploration shall hand over the following reports, documents and specimens:

a/ Reports on the results of basic geological investigation and mineral-related geological investigation, and reports on the results of mineral exploration;

b/ Primary documents collected during the implementation of schemes, projects and tasks on basic geological investigation and mineral-related geological investigation, and mineral exploration schemes;

c/ Geological and mineral specimens, and museum specimens collected during the implementation of schemes, projects and tasks on basic geological investigation and mineral-related geological investigation, and mineral exploration.

2. Organizations and individuals conducting mineral exploration and exploitation shall provide information on mineral activities on a periodical or unscheduled basis to state management agencies in charge of geology and minerals through the geological and mineral information systems and database in accordance with law.

3. Agencies archiving information and data on geology and minerals; and geological and mineral museums specified in Article 93 of this Law shall collect, archive and preserve information and data on geology and minerals under Clauses 1 and 2 of this Article in accordance with Law and the laws on archives and museums.

4. The Government shall detail Clauses 1, 2 and 3 of this Article.

5. The Minister of Natural Resources and Environment shall specify the forms of documents and reports; and the list and specifications of geological and mineral specimens and museum specimens specified in Clause 1 of this Article.

Article 91. Archive and preservation of information and data on geology and minerals

1. Information and data on geology and minerals specified in Clause 1, Article 89 of this Law must be archived, preserved and kept confidential in accordance with this Law and the laws on archives and protection of state secrets.

2. The archiving and preservation period of information and data shall be determined for each type of information and data in accordance with the law on archives.

3. Geological and mineral information, data and specimens that are damaged to the extent that they cannot be restored or become unusable may only be destroyed after competent state management agencies so agree in accordance with law.

Article 92. Provision, exploitation and use of information and data on geology and minerals

1. Forms of exploitation and use of geological and mineral information and data include:

a/ Exploiting and using information and data via websites or portals or connecting, accessing and sharing information with the databases on resources and environment of managing agencies, and providing information and data on resources and environment;

b/ Exploiting and using information and data via request forms or written requests;

c/ Exploiting and using information and data in the form of contract between the information and data management unit and the party exploiting and using information and data in accordance with law.

2. Subjects eligible for exploitation and use of information and data on geology and minerals include:

a/ Organizations and individuals with appropriate purposes for exploitation and use of information and data in accordance with law;

b/ Competent state agencies.

3. The Government shall detail this Article.

Article 93. Responsibilities of agencies archiving information and data on geology and minerals; museums of geology and minerals

1. Agencies archiving information and data on geology and minerals have the following responsibilities:

a/ To check and receive information and data on geology and minerals under regulations;

b/ To archive and preserve information and data on geology and minerals in accordance with the law on archives, and regulations on preservation of data on resources and environment, ensuring their completeness, originality, safety, searchability and usability, and meeting requirements on digital transformation and intellectual property;

c/ To manage and protect the safety of geological archives; to provide information and data on geology and minerals in accordance with the law on archives, the law on cyberinformation security and other relevant laws; to operate databases on geology and minerals.

2. The Geological and Mineral Museum is part of the system of Vietnam’s museums of nature, attached to the geological management agency of the Ministry of Natural Resources and Environment, and has the following responsibilities:

a/ To archive and preserve handed-over geological and mineral specimens;

b/ To introduce geo-archaeological sites, geological heritage, geoparks, evidence of the process of formation and development of the earth’s crust and the history of formation and development of Vietnam’s geological sector;

c/ To exhibit and introduce geological and mineral specimens to serve the state management of geology and minerals and meet the demands of research, study, sightseeing and cultural enjoyment of the public.

Article 94. Responsibilities of organizations and individuals exploiting and using information and data on geology and minerals

1. To use the provided information and data for the proper purposes.

2. To exploit and use the information and data in accordance with law.

3. To refrain from illegally transferring information and data on geology and minerals to third parties.

4. To refrain from falsifying the provided information and data.

5. To pay charges and fees and perform other financial obligations in accordance with this Law and the law on charges and fees.

6. To promptly notify the information and data management agencies of errors of the provided information and data.

7. The Government shall detail Clause 3 of this Article.

Chapter X

GEOLOGY AND MINERAL-RELATED FINANCE AND AUCTION OF MINING RIGHTS

Section 1

GEOLOGY AND MINERAL-RELATED FINANCE

Article 95. State budget revenues from basic geological and mineral investigation, mineral activities and mineral recovery

1. Taxes, charges, and fees in accordance with the laws on taxes, charges and fees.

2. Reimbursement of expenses for mineral potential assessment and mineral exploration funded by the State in accordance with this Law.

3. Mining right licensing charges in accordance with this Law.

Article 96. Principles of determining the reimbursement of expenses for mineral potential assessment and mineral exploration funded by the State

1. Organizations and individuals conducting mineral exploitation must reimburse expenses for mineral potential assessment and mineral exploration funded by the State, except the cases specified in Clause 2 of this Article, including:

a/ Cases in which mining licenses are granted by the Ministry of Natural Resources and Environment;

b/ Cases in which mineral potential assessment and mineral exploration are funded by provincial-level People’s Committees to serve the auction of mining rights;

c/ Cases of exploitation of natural mineral water and natural thermal water.

2. Cases not subject to reimbursement of expenses for mineral potential assessment and mineral exploration funded by the State include:

a/ The case specified at Point a, Clause 1 of this Article in which the area and depth boundaries of the mineral exploitation area included in mineral potential assessment reports only determine estimated resources or estimated resource equivalence;

b/ Cases falling within the competence to grant mining licenses specified in Clause 2, Article 108 of this Law, except the cases specified at Points b and c, Clause 1 of this Article;

c/ Cases specified in Article 75 of this Law.

3. Expenses for mineral potential assessment and mineral exploration shall be additionally approved upon increase of mineral reserves stated in the mining licenses, except liquid or gaseous minerals.

4. The Government shall specify the order, procedures and methods of reimbursement, and the collection, management and use of expenses for mineral potential assessment and mineral exploration subject to reimbursement.

5. The Minister of Natural Resources and Environment shall guide the methods of determining and document forms in dossiers for determining expenses for mineral potential assessment and mineral exploration subject to reimbursement.

Article 97. Reimbursement of mineral exploration expenses between organizations and individuals

1. Organizations and individuals exploiting minerals must reimburse mineral exploration expenses to organizations and individuals that have invested in mineral exploration in adherence to the following principles:

a/ Within the priority period prescribed in Clause 1, Article 48 of this Law, the reimbursement of mineral exploration expenses to organizations and individuals that have invested in mineral exploration shall be agreed upon between the two parties;

b/ After the priority period specified in Clause 1, Article 48 of this Law, the competent state management agencies specified in Article 108 of this Law shall decide on reimbursement amounts.

2. In case an organization or individual that has invested in mineral exploration is declared bankrupt or dissolved and has yet to legally transfer the right to use information and results of mineral exploration to another organization or individual, the right to use information and results of mineral exploration shall be settled in accordance with the civil law.

3. An organization or individual applying for a mining license shall be obliged to pay expenses for determining the expense amount to be reimbursed to the unit assigned to determine the mineral exploration expenses.

4. The Government shall detail this Article; and provide the reimbursement of mineral exploration expenses in case organizations and individuals that have invested in mineral exploration no longer operate at the registered addresses or do not receive reimbursed mineral exploration expenses according to competent state management agencies’ decisions or there are disputes over the right to use information and mineral exploration results.

Article 98. Mining right licensing charges

1. The State shall collect charges for licensing mining rights subject or not subject to auction.

2. Organizations and individuals conducting mineral exploitation or mineral recovery shall pay mining right licensing charges, except the cases specified in Clause 3 of this Article.

3. Cases exempt from mining right licensing charges include:

a/ Recovering minerals within the land area of ​​a construction investment project approved or permitted for investment by a competent state management agency and using the exploited minerals only for the construction of that project;

b/ Exploiting group-III minerals (except mineral mud, natural mineral water, natural thermal water and peat) and group-IV minerals according to mining licenses and using the exploited mineral volume for work items of such mineral exploitation projects or for work items under the schemes or plans on closure of such mines;

c/ Recovering minerals in the land areas under the land use rights of individuals or groups of people who share the land use rights to build works in such areas.

Article 99. Methods of determining, collecting and account-finalizing mining right licensing charges

1. Mining right licensing charges shall be determined based on:

a/ The reserves and volumes of minerals licensed for exploitation (exploitation flow for natural mineral water and natural thermal water) specified in mining licenses, salvage mining licenses, or the mineral volumes licensed for exploitation and recovery;

b/ Prices for calculation of mining right licensing charges;

c/ Collection rates of mining right licensing charges.

2. Mining right licensing charges specified in Clause 1 of this Article shall be collected annually.

3. Mining right licensing charges shall be account-finalized based on the actual exploitation outputs.

4. Mining right licensing charges shall be managed in accordance with the law on tax administration.

5. The Government shall detail this Article.

Section 2

AUCTION OF THE MINING RIGHT

Article 100. Areas subject to auction of the mining right, areas not subject to auction of the mining right

1. Auction of the mining right shall be conducted for areas planned for mineral activities, salvage mining, and group-IV mineral exploitation, except the cases specified in Clause 2, Article 72; and Clauses 3 and 4 of this Article.

2. Areas not subject to auction of the mining right shall be demarcated to ensure energy security; national defense and security, effective use of strategic and important minerals; and ensure raw materials and materials for national important projects, urgent public investment projects, works and work items under national target programs.

3. The Ministry of Natural Resources and Environment shall demarcate and submit to the Prime Minister for approval and adjustment of areas not subject to auction of the mining right that fall under its licensing competence.

4. Provincial-level People’s Committees shall organize the demarcation of, approve and adjust, areas not subject to auction of the mining right that fall under their licensing competence.

5. The Government shall prescribe criteria for demarcation of areas not subject to auction of the mining right.

Article 101. Principles of mining right auctions

1. Mining right auctions must adhere to the principles specified in the Law on Property Auction and the following principles:

a/ To conduct mining right auctions only for areas for which the competent state management agency specified in Article 108 of this Law has approved plans for auction of the mining right;

b/ A mining right auction shall be conducted only when there are at least 2 qualified organizations and/or individuals participating in the auction.

2. The Ministry of Natural Resources and Environment and provincial-level People’s Committees shall organize mining right auctions for areas for which plans for auction of the mining right have been approved under their licensing competence.

3. The Government shall stipulate in detail the formulation and approval of plans for mining right auctions.

Article 102. Starting bid, bid increment, advance payment, and deposit

1. The starting bid in a mining right auction shall be determined by the mining right licensing charge rate for the same mineral in the area not subject to auction of the mining right.

2. The bid increment must be between 1% and 10% of the starting bid.

3. An organizations or individual that wins a mining right auction may have its/his/her deposit refunded in the following cases:

a/ It/he/she has been granted a mineral exploration license, in case of auction of the mining right for an area for which mineral exploration results are not yet available, except cases of auctions of the mining right in salvage mining areas and areas of group-IV minerals;

b/ It/he/she has been granted a mining license, in case of auction of the mining right in areas for which mineral exploration results are available, salvage mining areas, and areas of group-IV minerals;

c/ It/he/she is not granted a mineral exploration license by a competent state management agency but it is not due to its/his/her fault, in case of auction of the mining right in areas for which mineral exploration results are not yet available, except the case of auction of the mining right in salvage mining areas and areas of group-IV minerals;

d/ It/he/she has not been granted a mining license by the competent state management agency but it is not due to its/his/her fault, in case of auction of the mining right in areas with mineral exploration results, areas of salvage mining, and areas of group-IV minerals;

dd/ The deposit must be refunded due to handling of legal consequences resulting from cancelation of the result of the mining right auction in accordance with the law on property auction.

4. In case an organization or individual who wins an auction of the mining right fails to fulfill the obligations specified at Points a and b, Clause 2, Article 104 of this Law, the deposit shall not be refunded and be remitted into the state budget, except the cases specified at Points c and d, Clause 3 of this Article.

5. The Government shall stipulate in detail the method for determining the advance payment.

Article 103. Conditions for organizations and individuals to participate in auction of the mining right

1. An organization or individual shall be selected to participate in an auction of the mining right when fully meeting the following requirements:

a/ Having submitted a dossier of participation in the auction of the mining right in accordance with law;

b/ Meeting the conditions specified in Article 37 of this Law, in case of auction of the mining right in areas for which mineral exploration results are not yet available; the conditions specified in Article 53 of this Law, in case of auction of the mining right for areas for which mineral exploration results are available. In case of auction of the mining right in salvage mining areas and areas of group-IV minerals, it/he/she must meet the conditions specified in Article 53 of this Law;

c/ Having fulfilled financial obligations regarding the mining right licensing charge, charge for environmental protection in mineral exploitation, severance tax for minerals, and environmental protection deposit for mineral exploitation under regulations for mining licenses and salvage mining licenses, in case the organization or individual has been granted a mining license or salvage mining license at the time of submitting the dossier of participation in the auction of the mining right;

d/ Not falling into cases banned from participating in auction of the mining right in accordance with the law on property auction.

2. An organization or individual may participate in an auction of the mining right when fully meeting the following conditions:

a/ Being qualified for participating in auction of the mining right;

b/ Having paid advance payment under regulations.

3. The Government shall prescribe dossiers of participation in auction of the mining right; detail Point c, Clause 1 of this Article, and the roadmap for implementation of this Point.

Article 104. Rights and obligations of mining right auction winners

1. A mining right auction winner has the following rights:

a/ To use information on minerals related to the area for which it/he/she wins the auction of the mining right;

b/ To be granted a mineral exploration license, mining license or salvage mining license after completing procedures for application for a license as prescribed by this Law;

c/ To have other rights as prescribed by the Law on Property Auction and other relevant laws.

2. A mining right auction winner has the following obligations:

a/ In case of winning the auction of the mining right for an area for which mineral exploration results are not yet available, within 12 months after the auction finishes, the winner shall submit a dossier of application for a mineral exploration license and must have the dossier received by a competent state management agency, except in case of winning the auction of the mining right in a salvage mining area or an area of group-IV minerals;

b/ In case of winning the auction of the mining right for an area for which mineral exploration results are available, a salvage mining area or an area of group-IV minerals, within 36 months after the auction finishes, the winner shall submit a dossier of application for a mining license or salvage mining license and must have the dossier received by a competent state management agency; in case of force majeure circumstances or change in the State’s policy, making it impossible to submit such dossier, this time limit may be extended for at most 12 months;

c/ Other obligations as prescribed by the Law on Property Auction and other relevant laws.

Article 105. Methods of determination, collection, payment and management of the mining right licensing charge for areas for which an entity has won the mining right

1. Methods of determination, collection, payment and management of the mining right licensing charge for areas for which an entity has won the mining right shall be the same as those for the mining right licensing charge for areas not subject to auction of the mining right.

2. The mining right licensing charge rates for associated minerals that are discovered during the process of mineral exploration and exploitation after the auction of the mining right is held and permitted to be exploited or recovered by competent state management agencies shall be determined as equal to the mining right licensing charge rates for minerals of the same kind in areas not subject to auction of the mining right.

3. The mining right licensing charge rates for the minerals put for auction of the mining right shall be applied stably during the mineral exploitation period, including also the period for modification, extension, and re-grant of mining licenses.

4. For mineral areas which have been determined to contain 2 or more kinds of mineral at the time of being put for auction of the mining right, the competent licensing state management agency specified in Article 108 of this Law shall select 1 kind of mineral to put for auction of the mining right. The mining right licensing charge rates for minerals of other kinds shall be determined based on the mining right licensing charge rate for the mineral for which the mining right is won.

5. The Government shall detail Clause 4 of this Article; and prescribe the order and procedures for approving mining right auction winning results.

Article 106. Cancellation of decisions approving mining right auction winning results

1. The Ministry of Natural Resources and Environment or a provincial-level People’s Committee shall issue a decision to cancel the decision approving mining right auction winning results according to its competence in the following cases:

a/ The organization or individual that wins the auction fails to fulfill the obligations specified at Point a or b, Clause 2, Article 104 of this Law;

b/ The organization or individual that wins the auction, in case of auctions for the mining right for areas for which mineral exploration results are not yet available, has lost the priority right to apply for a mining license as prescribed in Clause 2, Article 48 of this Law; or has lost the right to request recognition of mineral exploration results as prescribed in Clause 4, Article 50 of this Law.

2. A decision approving mining right auction winning results shall be invalidated in the following cases:

a/ The results of the auction of the mining right are cancelled in accordance with the Law on Property Auction;

b/ The mineral exploration license is revoked under Point b, c or d, Clause 1, Article 52, or invalidated under Point c, d, dd or e, Clause 2, Article 52, of this Law;

c/ The mining license or salvage mining license is revoked or invalidated in accordance with this Law, except cases in which the license is granted ultra vires.

Chapter XI

STATE MANAGEMENT RESPONSIBILITIES IN THE FIELD OF GEOLOGY AND MINERALS

Article 107. State management responsibilities in the field of geology and minerals

1. The Government shall perform the unified state management of geology and minerals.

2. The Ministry of Natural Resources and Environment shall act as the focal-point agency assisting the Government in performing the unified state management of geology and minerals, and within the ambit of its tasks and powers, has the following responsibilities:

a/ To synthesize the results of basic geological investigation and mineral-related geological investigation; exploitation and use of geological resources; and mineral activities; to manage information and data on geology and minerals;

b/ To demarcate, and publicize information on, areas with scattered, small amounts of minerals; to demarcate and submit to the Prime Minister for approval national mineral reserve areas and list of strategic and important minerals;

c/ To organize and direct the implementation of specialized inspection and examination of geology and minerals nationwide; to settle complaints and denunciations about geology and minerals; to handle violations of the law on geology and minerals in accordance with law;

d/ To act as a focal-point agency in summarizing international cooperation activities of geological research and basic geological investigation, mineral-related geological investigation and management of mineral activities;

dd/ To perform other responsibilities specified in this Law.

3. Ministries and ministerial-level agencies shall perform the state management within the ambit of their tasks and powers, and coordinate with the Ministry of Natural Resources and Environment in performing the state management of geology and minerals in accordance with this Law and other relevant laws.

4. Within the ambit of their tasks and powers, provincial-level People’s Committees shall:

a/ Issue regulations on coordination among localities or between localities and ministries/sectors in performing the state management of minerals;

b/ Appraise and approve schemes and reports on results of basic geological investigation for local budget-funded schemes, projects or tasks approved by competent state management agencies according to approved master plans;

c/ Appraise and approve local budget-funded schemes and reports on results of assessment of potentials of group-III and group-IV minerals according to approved master plans;

d/ Organize the storage of information and data on geology and minerals in their localities;

dd/ Organize and direct the implementation of specialized inspection and examination of geology and minerals in their localities; settle complaints and denunciations about geology and minerals and handle violations of the law on geology and minerals in accordance with law; organize the control and supervision of all mineral activities and mineral recovery in their localities;

e/ Organize and direct the implementation of environmental protection measures and measures to protect unexploited and unused geological resources, and unexploited minerals; manage and protect works and equipment to ensure mine safety in the cases specified in Clause 3, Article 66; and Clause 3, Article 71, of this Law;

g/ Report to the central-level state management agency in charge of geology and minerals on the situation of geological and mineral activities in their localities;

h/ Perform other responsibilities specified in this Law.

5. The Government shall specify specialized inspection of geology and minerals.

Article 108. Competence to grant mineral exploration licenses and mining licenses

1. Except the cases specified in Clause 2 of this Article, the Ministry of Natural Resources and Environment shall grant:

a/ Mineral exploration license for group-I and group-II minerals;

b/ Mining license for group-I and group-II minerals.

2. Provincial-level People’s Committees shall grant:

a/ Mineral exploration license for group-III minerals; mining license for group-III and group-IV minerals;

b/ Mineral exploration license for group-I and group-II minerals; mining license for group-I and group-II minerals in areas with scattered, small amounts of minerals that have been demarcated and publicized by the Ministry of Natural Resources and Environment;

c/ Salvage mining license for group I, group-II and group-III minerals.

3. State management agencies competent to grant mineral exploration licenses, mining licenses or salvage mining licenses shall be competent to re-grant, extend, modify, revoke, and approve the transfer, return or renewal of the licenses they have granted, except the cases specified in Clause 4 of this Article and at Point b, Clause 2, Article 111 of this Law.

4. The Government shall prescribe the competence to grant and modify mining licenses granted by provincial-level People’s Committees in case associated minerals with a reserve falling under the licensing competence of the Ministry of Natural Resources and Environment are detected in the process of mineral exploration and exploitation.

Chapter XII

IMPLEMENTATION PROVISIONS

Article 109. To amend, supplement or annul a number of articles of relevant laws

1. To amend and supplement a number of articles of Law No. 72/2020/QH14 on Environmental Protection, which has a number of articles amended and supplemented under Law No. 11/2022/QH15, Law No. 16/2023/QH15 and Law No. 18/2023/QH15, as follows:

a/ To amend and supplement Clause 2, Article 30 as follows:

“2. The subjects specified in Clause 1 of this Article are not required to conduct environmental impact assessment if falling into the following cases:

a/ Urgent public investment projects in accordance with the law on public investment;

b/ Investment projects or plans on exploitation of group-IV minerals in accordance with the law on geology and minerals of organizations that are accepted and selected by competent state management agencies as construction contractors to implement important national projects, urgent public investment projects, works and work items under national target programs in accordance with the law on public investment; to perform  emergency mobilization measures to promptly respond to emergency situations with regard to disasters, and to build works for disaster prevention and control in accordance with the law on disaster prevention and control.”;

b/ To amend and supplement Clause 3, Article 39 as follows:

“3. The subjects specified in Clause 1 of this Article are exempted from environmental licenses if falling into the following cases:

a/ Urgent public investment projects in accordance with the law on public investment;

b/ Investment projects or plans on exploitation of group-IV minerals in accordance with the law on geology and minerals of organizations that are accepted and selected by competent state management agencies as construction contractors to implement important national projects, urgent public investment projects, works and work items under national target programs in accordance with the law on public investment; to perform emergency mobilization measures to promptly respond to emergency situations with regard to disasters, and to build works for disaster prevention and control in accordance with the law on disaster prevention and control.”;

c/ To add Point b1 below Point b, Clause 2, Article 49 as follows:

“b1/ Investment projects or plans on exploitation of group-IV minerals in accordance with the law on geology and minerals of organizations that are accepted and selected by competent state management agencies as construction contractors to implement important national projects, urgent public investment projects, works and work items under national target programs in accordance with the law on public investment; to perform emergency mobilization measures to promptly respond to emergency situations with regard to disasters, and to build works for disaster prevention and control in accordance with the law on disaster prevention and control;”.

2. To annul Point c, Clause 1, Article 44 of Law No. 08/2017/QH14 on Hydraulic Work, which has a number of articles amended and supplemented under Law No. 35/2018/QH14, Law No. 59/2020/QH14, Law No. 72/2020/QH14, Law No. 16/2023/QH15 and Law No. 28/2023/QH15.

3. To annul Article 14 of Law No. 18/2008/QH12 on Atomic Energy, which has a number of articles amended and supplemented under Law No. 35/2018/QH14 and Law No. 18/2023/QH15.

Article 110. Effect

1. This Law takes effect on July 1, 2025, except the cases specified in Clauses 2 and 3 of this Article.

2. Point d, Clause 1, Article 6; Articles 72, 73 and 74; and Clause 1, Article 109, of this Law take effect on January 15, 2025.

3. Point b, Clause 2, Article 111 of this Law takes effect on January 15, 2025, and shall be implemented in accordance with Clause 1, Article 111 of this Law.

4. Law No. 60/2010/QH12 on Minerals, which has a number of articles amended and supplemented under Law No. 35/2018/QH14, ceases to be effective on the effective date of this Law, except the cases specified in Clause 1; at Point a, Clause 2; and Clauses 3, 5, 6, 7, 8 and 9, Article 111 of this Law.

Article 111. Transitional provisions

1. For organizations and individuals whose dossiers have been received by competent state agencies for processing according to administrative procedures in the field of geology and minerals before the effective date of this Law but have not yet been processed, they may carry out procedures according to regulations on the order, procedures and competence effective at the time their dossiers are received or the provisions of this Law.

2. For organizations and individuals that have been granted licenses or decisions concerning mineral activities before the effective date of this Law:

a/ They may continue to comply with these licenses or decisions till their expiry date, except the cases specified at Points b and c of this Clause;

b/ Cases of extension, re-grant, modification, return, or transfer of licenses for mineral activities; approval of mine closure schemes; acceptance of mine closure plans; and closure of mineral mines must comply with this Law;

c/ For mining licenses granted before the effective date of this Law with contents inconsistent with Clause 2, Article 56 of this Law, within 36 months from the effective date of this Law, organizations and individuals shall carry out procedures for renewal of mining licenses. Past this time limit, organizations and individuals exploiting minerals shall suspend exploiting minerals until the competent agencies renew mining licenses. The Government shall specify dossiers, order and procedures for renewal of mining licenses in these cases.

3. Organizations and individuals approved to recover minerals before the effective date of this Law may continue to do so till the expiry date specified in the approval documents.

4. In case a competent agency has approved the mineral reserves before the effective date of this Law, within 36 months from the date of approval of the reserves, the priority right to apply for a mining license shall be implemented under Article 48 of this Law, except in the following cases:

a/ A mining license has been granted for the exploration area;

b/ The competent state management agency has received a dossier of application for a mining license with regard to the exploration area;

c/ The competent state management agency has approved the plan on auction of the mining right with regard to the exploration area.

5. A decision approving the results of determining to-be-reimbursed expenses for assessment of mineral potential and expenses for mineral exploration paid by the State, that is issued before the effective date of this Law, shall be handled as follows:

a/ In case the concerned organization or individual has been granted a mining license, the approved decision may continue to be implemented; in case of modifying the mining license after the effective date of this Law, to-be-reimbursed expenses for assessment of mineral potential and expenses for mineral exploration paid by the State for the increased reserves (if any) shall be determined in accordance with this Law;

b/ In case the concerned organization or individual has not been granted a mining license, this Law shall apply, except in case the organization or individual has reimbursed such expenses.

6. Competent state management agencies’ decisions on mineral master plans, national mineral reserve areas; approving areas banned from mineral activities, areas temporarily banned from mineral activities, areas with scattered, small amounts of minerals; or approving areas not subject to auction of the mining right may continue to be implemented until new decisions are issued by competent state agencies.

7. Decisions on approval of mineral reserves and resources issued by competent state agencies before the effective date of this Law may continue to be implemented and are equivalent to decisions on recognition of mineral exploration results.

8. Competent state management agencies shall grant mineral exploration licenses and mining licenses for coals under the national energy master plan approved before the effective date of this Law until a decision is issued by a competent state management agency to include coals in the group-I mineral master plan.

Provincial-level People’s Committees shall grant mineral exploration licenses and mining licenses for natural mineral water and natural thermal water based on the master plan on exploration, exploitation, processing and use of minerals approved before the effective date of this Law until new decisions are issued.

9. The mining right licensing charge and the auction-winning amount for the mining rights with regard to mining licenses and written permissions for mineral exploration and recovery under which the mineral exploitation or recovery, at the effective time of this Law, has not yet expired or has expired but conditions for extension or re-grant of mining licenses or written permissions for mineral exploitation and recovery are fully met are specified as follows:

a/ The decision approving the mining right licensing charge and the auction-winning amount for the mining right may continue to be implemented until a new decision is issued by a competent state management agency;

b/ The mining right licensing charge and the auction-winning amount for the mining right shall be account-finalized for the first time under this Law and determined according to the reserves and volumes of minerals exploited and recovered as of June 30, 2025;

c/ For mineral reserves and volumes which are not yet exploited or recovered as of July 1, 2025, the mining right licensing charge shall be approved in accordance with this Law.

10. Holders of salvage mining licenses granted before the effective date of this Law shall pay mining right licensing charges in accordance with this Law for the volumes of minerals which are not yet exploited as of the effective date of this Law.

11. For mineral areas for which decisions approving the mining right auction results have been issued before the effective date of this Law, during the exploration and exploitation process after the auction of the mining right, if associated minerals are discovered and the competent state management agencies permit exploitation and recovery of these associated minerals, the mining right licensing charge rates for the associated minerals shall be determined under Clause 2, Article 105 of this Law.

12. For mineral areas which are undergoing the process of auction of the mining right but have not yet been listed or publicly announced, the auction of the mining right must comply with this Law.

This Law was passed on November 29, 2024, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 8^th session.-

Chairman of the National Assembly
TRAN THANH MAN