Decree No. 158/2016/ND-CP dated November 29, 2016 of the Government guiding the Law on Mineral

DECREE

Detailing of a number of articles of the Mineral Law[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 17, 2010 Mineral Law;

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

The Government promulgates the Decree detailing a number of articles of the Mineral Law.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree details a number of provisions of Mineral Law No. 60/2010/QH12 regarding reimbursement of costs of geological baseline survey of minerals and mineral exploration; periodical reports on mineral activities; mine managers; certification of equity; mineral master plans; geological baseline surveys of minerals; protection of benefits of localities where minerals are mined and local residents, protection of unexploited minerals; mineral areas and regulations on mineral activities; and procedures for licensing mineral activities, approving mineral deposits and closing mineral mines.

2. This Decree amends and supplements Clauses 2, Article 3; Clause 1, Article 6; and Point b, Clause 2, Article 16; adds Clause 4 to Article 15 of the Government’s Decree No. 22/2012/ND-CP of March 26, 2012, on auction of the mining right; and amends and supplements Clause 2, Article 3; Articles 4 and 5; Clause 3, Article 6; and Article 7, of the Government’s Decree No. 203/2013/ND-CP of November 28, 2013, prescribing methods of calculation and rates of the charge for grant of the mining right.

Article 2. Interpretation of terms

In this Decree, the terms and expressions below are construed as follows:

1. Hazardous mineral means a mineral containing mercury, arsenic, uranium, thorium or one of the asbestos minerals which may, when mined or used, emit into the surrounding environment radioactive or hazardous substances in excess of the limits prescribed in Vietnam’s technical regulations.

2. Associated mineral means a type of mineral other than the primary mineral in a mining area which can be recovered upon the mining of the primary mineral stated in a mineral mining license, including other minerals in a tailing site of a mine in operation, provided that the mining and use of such minerals yield economic efficiency at that time.

3. Crude mineral means a natural resource product of a mineral which has been mined and no longer in its natural state but not yet crushed, ground, sieved, classified or otherwise worked to have a higher value after being mined.

4. Capital construction of a mine means jobs specified in a mine investment and design project, including construction of works (houses, warehouses, ports, storing yards, etc.) to serve mining activities; construction of transportation routes to connect mining places with traffic systems in adjacent areas; and creation of initial grounds for mineral mining.

5. Mine manager means a person with qualifications and capacity satisfying the criteria prescribed in Clause 2, Article 62 of the Mineral Law who is appointed by an organization or individual licensed to mine minerals or who is an individual licensed to mine minerals or the head of an organization licensed to mine minerals.

6. Mineral deposit for calculation of the charge for grant of the mining right means a mineral deposit allowed to be stated in a mining design, determined in an investment project or economic-technical report and stated in a mineral mining license.

7. Area of geological baseline survey of minerals means an area determined in a scheme on geological baseline survey of minerals approved by a competent agency. In this area, one or more than one zone of mineral availability may be discovered and assessed.

8. Geological heritage means part of the geological resources which has prominent scientific, educational, aesthetic and economic value.

9. Force majeure event in mineral activities means an objective and unforeseeable event which can neither be prevented or remedied by organizations or individuals that carry out mineral activities though they have applied any possible measure, rendering it impossible to perform or fulfill obligations of such organizations or individuals.

Article 3. Reimbursement of costs of geological baseline surveys of minerals and mineral exploration costs

1. Information on geological baseline surveys of minerals for which organizations or individuals shall reimburse a use charge is mineral potential assessment information.

2. Costs of mineral potential assessment and mineral exploration shall be reimbursed on the following principles:

a/ In case mineral potential assessment or mineral exploration information is owned by the State, organizations or individuals that use such information for their mineral exploration or mining or other business purposes shall reimburse to the State the paid costs thereof. To-be-reimbursed costs shall be determined based on volume of works constructed in an area where mineral exploration is requested, including drillings, trenches, pits, wells, borehole logging and samples for determination of mineral quality in such works. To-be-reimbursed costs are those of all jobs performed on an area where mineral mining is requested. Units of calculation of to-be-reimbursed costs are price units applicable at the time of calculation;

b/ For an area under mining activities under a license granted by a competent state agency, to-be-reimbursed costs shall be determined based on the actual state of natural resources and their residual deposits at the time of calculation and on the average cost calculated for a natural resource unit (upon the mineral potential assessment) or a deposit unit (upon the mineral exploration) which is determined according to the principle prescribed at Point a of this Clause;

c/ Organizations or individuals that explore minerals with the state budget allocations may neither provide nor transfer information on mineral exploration results to others, except competent agencies under regulations of the Ministry of Natural Resources and Environment;

d/ In case mineral potential assessment or mineral exploration information is obtained with costs paid by organizations or individuals, such costs shall be reimbursed on the principles of written agreement between cost payers and information users that shall perform the prescribed financial obligation.

Mineral potential assessment or mineral exploration information which is obtained with costs paid by organizations or individuals in a mineral activity area for which the mining license has been revoked or returned or the priority right to apply for a mining license has expired without the parties’ agreement on costs to be reimbursed, the state agency competent to grant such license specified in Clause 1 or 2, Article 82 of the Mineral Law (below collectively referred to as competent licensing agency) shall decide on investment costs to be reimbursed according to the principle prescribed at Point a of this Clause;

dd/ In case an organization or individual has reimbursed to the state budget money amounts paid for the mineral potential assessment or mineral exploration, the cost reimbursement shall be carried out under Point d of this Clause.

3. The reimbursement of costs of geological baseline surveys of minerals and mineral exploration costs prescribed at Point a, Clause 2 of this Article shall be carried out by organizations or individuals before they submit dossiers of application for mining licenses.

4. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, submitting to the Prime Minister for promulgation regulations on methods of determining mineral potential assessment and mineral exploration costs to be reimbursed and reimbursement methods; regulations on the collection, management and use of mineral potential assessment and mineral exploration costs paid by the State.

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

1. Organizations and individuals may use mineral potential assessment information obtained with costs they have paid or mineral potential assessment, mineral exploration and mining information owned by the State and costs of which have been paid under Article 3 of this Decree and may transfer or inherit such information in accordance with law.

2. Past 6 months from the date a competent agency approves a mineral deposit in an area, if an organization or individual licensed to explore minerals fails to submit a dossier of application for a mining license after its/his/her mineral exploration license has expired, the competent state agency may provide information on minerals in such area to other organizations or individuals for use, except for force majeure events. Organizations or individuals that use mineral exploration information mentioned at Point d, Clause 2, Article 3 of this Decree shall reimburse exploration costs to previous exploring organizations or individuals.

Article 5. State investment in mineral exploration and mining

1. The State invests in the exploration and mining of a number of important minerals to serve the socio-economic development, national defense and security as prescribed in Clause 5, Article 3 of the Mineral Law.

2. Based on the approved mineral master plan and socio-economic development requirements, national defense and security objectives, the Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment, Ministry of Finance and related ministries and sectors in, appraising and submitting to the Prime Minister for approval mineral exploration and mining projects to be funded with the state budget.

Article 6. Responsibility to manage hazardous minerals

1. The Ministry of Natural Resources and Environment shall survey, assess and identify level of impacts and areas impacted or affected by hazardous minerals; propose measures to prevent impacts of hazardous minerals on the environment and residents of localities where such hazardous minerals exist; notify and hand over documents on hazardous minerals to provincial-level People’s Committees of localities where such hazardous minerals exist.

2. Provincial-level People’s Committees of localities where hazardous minerals exist shall organize the application of measures to prevent adverse impacts of such hazardous minerals on the local environment and residents; and manage and protect unexploited hazardous minerals in their localities under regulations.

Article 7. Reports on mineral activity results; reports on state management of minerals

1. Reports on mineral activity results include:

a/ Report on mineral exploration results;

b/ Report on mining results.

2. Reports on state management of minerals include:

a/ Report on state management of minerals in a province or centrally run city;

b/ Report on state management of minerals nationwide.

3. The reporting regime is prescribed as follows:

a/ A periodical report specified in Clause 1 or 2 of this Article shall be made once a year. A reporting period shall be counted from January 1 through December 31 of the reporting year;

b/ In addition to the reporting regime prescribed at Point a of this Clause, when requested by the state management agency in charge of minerals, an organization or individual licensed to carry out mineral activities shall make an extraordinary report on its/his/her mineral activities.

4. The responsibility to submit reports is prescribed as follows:

a/ Before February 1 every year, an organization or individual licensed to carry out mineral activities shall submit the report of the previous year as prescribed in Clause 1 of this Article to the provincial-level Natural Resources and Environment Department of the locality where it/he/she carries out mineral activities. An organization or individual that carries out mineral activities under a license granted by the Ministry of Natural Resources and Environment shall also submit a report to the General Department of Geology and Minerals of Vietnam;

b/ Before February 15 every year, a provincial-level Natural Resources and Environment Department shall complete the report of the previous year as prescribed at Point a, Clause 2 of this Article and submit it to the provincial-level People’s Committee for sending to the Ministry of Natural Resources and Environment, and send a copy of such report to the provincial-level Industry and Trade Department and Construction Department for coordinated management;

c/ Before March 15 every year, the General Department of Geology and Minerals of Vietnam shall make the report of the previous year as prescribed at Point b, Clause 2 of this Article and submit it to the Ministry of Natural Resources and Environment for reporting to the Prime Minister, and send a copy of such report to the Ministry of Industry and Trade, Ministry of Construction and Ministry of Planning and Investment for coordinated management.

5. The Ministry of Natural Resources and Environment shall set forms of reports specified in Clauses 1 and 2 of this Article.

Article 8. Mine managers

1. Mine managers shall manage mining activities under mining licenses; organize the implementation of approved mine investment and design projects in accordance with the mineral law and of regulations on occupational safety and environmental protection in mineral mining.

2. After a mine manager is appointed, a mining organization or individual shall send a written notice thereof to the agency specified in Clause 4 of this Article. This notice must include information on the appointment decision (except cases in which the mining individual or the head of the organization licensed to mine minerals acts as the mine manager); resume of the mine manager, enclosed with the originals of the appointment decision and resume; and copies of relevant professional degrees and certificates of the mine manager.

3. Training degrees of a mine manager specified at Point d or dd, Clause 2, Article 62 of the Mineral Law include:

a/ A university degree or an equivalent degree in mine technique or construction, for mines where pit mining is carried out;

b/ A university degree or an equivalent degree in mine technique or construction or geological technique, for mines where open-cast mining is carried out;

c/ A college or intermediate degree or an equivalent degree in mine technique or geological technique, for mines where open-cast mining of non-metallic minerals is carried out without the use of industrial explosives; or where minerals are mined by manual methods for use as ordinary construction materials.

4. Mining organizations or individuals shall send written notices of appointment of mine managers prescribed in Clause 2 of this Article to the General Department of Geology and Minerals of Vietnam, for mining licenses granted by the Ministry of Natural Resources and Environment; or to provincial-level Natural Resources and Environment Departments, for mining licenses granted by provincial-level People’s Committees.

Article 9. Equity of organizations and individuals carrying out mineral activities

1. For newly established enterprise, one of the following documents is required:

a/ A written record of capital contribution by founding shareholders of a joint-stock company or by founding members of a limited liability company with two or more members; the charter of a joint-stock company or member register of a limited liability company with two or more members;

b/ A decision on capital allocation by the owner of a single-member limited liability company owned by an institution.

2. For an operating enterprise, the following documents shall be submitted:

a/ An enterprise established within 1 year by the date of submission of the dossier of application for a mineral exploration license or mining license shall submit a copy of the enterprise registration certificate;

b/ An enterprise which has been established for more than 1 year by the date of submission of the dossier of application for a mineral exploration license or mining license shall submit a copy of the latest annual financial statement.

3. For a cooperative or cooperative union:

a/ Charter capital of a cooperative or cooperative union is the total capital contributed or committed to be contributed by members of such cooperative or cooperative union within a prescribed time limit and stated in its charter in accordance with the Law on Cooperatives;

b/ Working capital of a cooperative or cooperative union includes capital contributed by its members and its mobilized capital, accumulated capital and funds; subsidies and supports provided by the State and domestic and foreign organizations and individuals; donations and other lawful revenues under regulations.

Chapter II

MINERAL MASTER PLANS, GEOLOGICAL BASELINE SURVEYS OF MINERALS

Article 10. Formulation and submission for approval mineral master plans

1. The responsibility to formulate and submit to the Prime Minister for approval mineral master plans prescribed in Clause 3, Article 10 of the Mineral Law is specified as follows:

a/ The Ministry of Natural Resources and Environment shall assume the prime responsibility for formulating master plans on geological baseline surveys of minerals;

b/ The Ministry of Industry and Trade shall assume the prime responsibility for formulating master plans on exploration, mining and processing and use of minerals of all types (except minerals for use as construction materials);

c/ The Ministry of Construction shall assume the prime responsibility for formulating master plans on exploration, mining and processing and use of minerals for use as construction materials.

2. Mineral master plans specified in Clause 1 of this Article shall be formulated in line with the approved mineral strategy.

3. In the course of formulating mineral master plans, the Ministry of Industry and Trade and Ministry of Construction shall, according to their competence provided at Points b and c, Clause 1 of this Article, coordinate with each other in implementing the provisions of Point d, Clause 1, Article 13 of the Mineral Law.

Article 11. Master plans on exploration, mining and use of minerals of provinces and centrally run cities

1. Master plans on exploration, mining and use of minerals of provinces and centrally run cities specified at Point d, Clause 1, Article 10 of the Mineral Law shall be formulated for the following minerals:

a/ Minerals for use as ordinary construction materials, and peat;

b/ Minerals in areas of scattered minerals or minerals in small deposits as delimited and announced by the Ministry of Natural Resources and Environment;

c/ Minerals in tailing sites of mines for which closure decisions have been issued.

2. Master plans on exploration, mining and use of minerals of provinces and centrally run cities shall be formulated on the following principles:

a/ Being in line with the mineral strategy and mineral master plans specified at Points a, b and c, Clause 1, Article 10 of this Decree;

b/ Being in line with the provincial socio-economic development master plans; land use master plans and plans appraised and approved by competent agencies; and ensuring security and national defense in localities;

c/ Ensuring rational, economical and efficient mining and use of minerals to meet present needs and concurrently taking into account the development of science and technology and demand for minerals in the future;

d/ Protecting the environment, natural landscapes, historical and cultural relics, scenic places and other natural resources.

3. Grounds for the formulation of master plans on exploration, mining and use of minerals of provinces and centrally run cities include:

a/ Provincial and regional socio-economic development master plans;

b/ The mineral strategy; and mineral master plans specified at Points a, b and c, Clause 1, Article 10 of this Decree;

c/ Demand for minerals in the planning period;

d/ Scientific and technological advances in the mineral exploration and mining;

dd/ Results of implementation of master plans in the previous period.

4. A master plan on exploration, mining and use of minerals of a province or centrally run city must have the following principal contents:

a/ Survey, research, summarization and assessment of natural and socio-economic conditions and actual mineral exploration, mining, processing and use in the locality;

b/ Assessment of results of the implementation of the previous period’s master plan;

c/ Identification of orientations and objectives of mineral exploration, mining and use in the planning period;

d/ Areas where mineral activities are banned and areas where mineral activities are temporarily banned as approved;

dd/ Detailed delimitation of mine areas and minerals which require investment in exploration and mining and exploration and mining progress. Mineral exploration and mining areas shall be limited by straight lines connecting corner points shown in topographical maps of the national coordinate system and on appropriate scales;

e/ Mining scale and output and requirements on mining technology;

g/ Solutions and schedule of implementation of the master plan.

Article 12. Consultation on, and announcement of, mineral master plans

1. The consultation on a mineral master plan shall be carried out as follows:

a/ Before submitting to the Prime Minister for approval a mineral master plan, the agency in charge of formulating such master plan shall send it to the agencies specified in Clause 1, Article 10 of this Decree for their opinions, and opinions of the Ministry of Planning and Investment; Ministry of Finance; Ministry of Public Security; Ministry of National Defense; Ministry of Transport; Ministry of Agriculture and Rural Development; and Ministry of Culture, Sports and Tourisms; and opinions of the provincial-level People’s Committee of the locality where exist mineral mines incorporated in the master plan; and publicize master plan explanations on the website of the agency in charge of formulating the master plan for opinions of people and enterprises at least 45 days before submitting the master plan for approval;

b/ Before submitting a master plan to the same-level People’s Council for approval, the provincial-level People’s Committee shall send it to the Ministry of Natural Resources and Environment, Ministry of Industry and Trade and Ministry of Construction for their opinions. In case minerals incorporated in the master plan exist in an area between two or more adjacent provinces or centrally run cities, a dossier shall be sent to the provincial-level People’s Committees of such provinces or centrally run cities for their opinions.

2. Within 45 days after receiving a written request for opinions from the agency in charge of formulating a master plan, a consulted agency specified in Clause 1 of this Article shall give a written reply on the master plan dossier. Past that time limit, if the consulted agency fails to reply in writing, the agency in charge of formulating the master plan shall submit the master plan to the Prime Minister and same-level People’s Council for consideration and approval.

3. A dossier to be sent for consultation on a mineral master plan must comprise:

a/ A written request for opinions;

b/ A written explanation of the draft master plan;

c/ Master plan drawings and other relevant documents (if any).

4. Within 30 days after a mineral master plan is approved, the agency in charge of formulating the master plan shall announce it by:

a/ Publicizing the master plan contents on the Government’s website and its own website;

b/ Holding a press conference at its head office.

Article 13. Investment in geological baseline surveys of minerals with capital of organizations or individuals

1. Organizations and individuals are encouraged to invest in geological baseline surveys of minerals, except geological baseline surveys of uranium and thorium.

In case a geological baseline survey of a mineral is carried out in a national border belt area, the Ministry of Natural Resources and Environment shall report it to the Prime Minister for consideration and decision.

2. Based on approved master plans on geological baseline surveys of minerals and the provisions of Clause 1 of this Article, the Ministry of Natural Resources and Environment shall draw up an additional list of schemes on geological baseline surveys of minerals in which investment by organizations or individuals is encouraged, then submit it to the Prime Minister for approval.

3. Organizations or individuals investing in geological baseline surveys of minerals must satisfy the following requirements:

a/ Fully satisfying the conditions prescribed in Clause 1, Article 34 and Clause 1, Article 51, of the Mineral Law;

b/ Being financially capable for carrying out the whole scheme on geological baseline survey of minerals.

4. The Ministry of Natural Resources and Environment shall:

a/ Delimit zones for, and publicize minerals, positions, coordinates and areas under schemes on geological baseline survey of minerals in which investment by organizations or individuals is encouraged on its website according to the Prime Minister-approved master plan on geological baseline surveys of minerals;

b/ Appraise and approve schemes on mineral survey and assessment in which investment is encouraged;

c/ Promulgate regulations on supervision of the implementation of schemes on geological baseline survey of minerals;

d/ Assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and Ministry of Finance in, guiding the procedures for contribution and management of investment capital of organizations or individuals;

dd/ Supervise the implementation of schemes on geological baseline survey of minerals invested by organizations or individuals.

Article 14. Survey and assessment of geological heritage and parks and funds for geological baseline surveys of minerals

1. Geological baseline survey of minerals must be associated with survey and assessment of geological heritage and parks. The Ministry of Natural Resources and Environment shall prescribe contents of the survey and assessment of geological heritage and parks.

2. Funds for geological baseline survey of minerals are specified in Clause 1, Article 21 of the Mineral Law and shall be added with reimbursed costs of geological baseline survey of minerals and mineral exploration, charge for grant of the mining right and investment capital of organizations or individuals as prescribed Article 13 of this Decree.

3. Annually, based on the funding sources specified in Clause 2 of this Article, the Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, balancing the added funds for geological baseline survey of minerals.

Chapter III

BENEFITS OF LOCALITIES WHERE MINERALS ARE MINED AND THEIR RESIDENTS; PROTECTION OF UNEXPLOITED MINERALS

Article 15. Benefits of localities where minerals are mined

1. Based on annual revenues actually collected from mining activities, provincial-level People’s Committees shall submit to the same-level People’s Councils for approval estimates of state budget allocations for upgrading and renovation of works in their localities where minerals are mined under Clause 2 of this Article.

2. Works eligible for state budget allocations for upgrading and renovation must satisfy the following conditions and criteria:

a/ Being district- or commune-level roads directly affected by the transportation of waste soil and rocks and mined minerals;

b/ Being welfare works in districts or communes where minerals are mined, including schools, medical examination and treatment establishments, cultural houses, clean water supply systems, and environmental treatment facilities.

Article 16. Benefits of residents of localities where minerals are mined

1. Support for localities where minerals are mined and their residents shall be directly provided by mining organizations or individuals under Clause 2, Article 5 of the Mineral Law.

2. Mining organizations or individuals shall announce contents and volume, plans and programs on performance of jobs and support works to commune-level People’s Committees; and publicly notify them to street quarters or villages for residents of localities where minerals are mined to nominate their representatives to participate in supervising the performance.

3. Supports for localities where minerals are mined and their residents provided by mining organizations or individuals may be accounted as their production costs.

Article 17. Responsibility of People’s Committees at all levels to protect unexploited minerals

1. Within the ambit of their tasks and powers, provincial-level People’s Committees shall:

a/ Direct district-level People’s Committees in proposing plans; assign provincial-level Natural Resources and Environment Departments to summarize, formulate and submit to provincial-level People’s Committees for approval plans on protection of unexploited minerals in their localities within the budget spending limits guided by the Ministry of Finance;

b/ Direct district- and commune-level People’s Committees and specialized agencies; and coordinate with National Defense and Public Security forces in preventing and stopping mining activities not licensed by competent state agencies (below referred to as illegal mining activities) in their localities;

c/ Review and evaluate the protection of unexploited minerals in their localities and include such in their annual reports on state management of minerals;

d/ Their chairpersons shall be answerable to the Prime Minister for letting illegal mining activities occur in their localities and failing to handle them or letting them recur.

2. People’s Committees of rural districts, urban districts, towns or provincial cities (below collectively referred to as district-level People’s Committees) shall:

a/ Assume the prime responsibility for disseminating and implementing plans on protection of unexploited minerals in their localities;

b/ Direct People’s Committees of communes, wards or townships (below collectively referred to as commune-level People’s Committees) in taking measures to protect unexploited minerals;

c/ Stop or prevent illegal mining activities in their localities right after detecting them or being reported thereon. Promptly report such activities to provincial-level People’s Committees for directing their handling in case of failure to prevent them;

d/ Before December 15 every year, send to provincial-level People’s Committees reports on the protection of unexploited minerals in their localities;

dd/ Their chairpersons shall be answerable to chairpersons of provincial-level People’s Committees for letting illegal mining activities occur in their localities and failing to handle them or letting them recur.

3. Commune-level People’s Committees shall:

a/ Disseminate, communicate and educate the mineral law to villages; mobilize local people not to illegally mine, purchase, store or transport minerals, to detect and report illegally mining organizations and individuals; and implement plans on protection of unexploited minerals in their localities;

b/ Detect, and take measures to prevent, illegal mining activities right after detecting them; for a violation falling beyond their competence, promptly report it to the district-level People’s Committee for direction in stopping it;

c/ Report on a biannual basis on the protection of unexploited minerals in their localities to district-level People’s Committees.

Article 18. Principal contents of a plan on protection of unexploited minerals

A plan on protection of unexploited minerals specified at Point a, Clause 1, Article 17 of this Decree must have the following principal contents:

1. Practical state management of minerals and mineral activities, including the protection of unexploited minerals in the locality at the time of plan formulation; existing problems, limitations and causes thereof.

2. Statistics on number, acreage and coordinates of operating mineral exploration and mining areas of organizations and individuals licensed by competent state agencies in the locality; mining areas where mines have been closed down for protection; tailing sites of mines for which closure decisions have been issued.

Boundaries and areas where minerals are available which have been or are surveyed or assessed; national mineral reserve areas which need protection; approved areas where mineral activities are banned or temporarily banned; areas with small-scale and scattered minerals which have been delimited and announced.

3. Updated information on the locality’s master plan on mineral exploration, mining and use which has been adjusted or supplemented; and information on the approved national mineral master plan by the time of plan formulation.

4. Responsibility of the provincial-level Natural Resources and Environment; Industry and Trade; Construction; Agriculture and Rural Development; Transport; and Culture, Sports and Tourism Departments; and public security and national defense forces to protect unexploited minerals; and of local news and press agencies and television stations to publish information on state management of minerals and illegal mining.

5. Responsibility of district- and commune-level People’s Committees; forms of handling collectives and individuals who are heads of district- or commune-level administrations that let illegal mining, trading or transportation activities occur in their localities and fail to stop such activities or let them recur; and responsibility of chiefs of villages to promptly report illegal mining activities in their localities to commune- or district-level administrations upon detecting them.

6. Responsibility of related provincial-level departments and sectors of the locality and district- and commune-level administrations to coordinate with one another in providing and processing information and stopping illegal mining activities; responsibility of information recipients; and the mechanism of processing received information.

7. Plan and solutions to organize the implementation of the plan; estimated costs of plan implementation.

Article 19. Consultation with the state management agency in charge of minerals on socio-economic development master plans before they are submitted for approval

The consultation with the state management agency in charge of minerals on a socio-economic development master plan before it is submitted for approval under Clause 3, Article 17 of the Mineral Law is prescribed as follows:

1. The agency or organization that has formulated the master plan shall send to the Ministry of Natural Resources and Environment a written request for opinions enclosed with a written explanation of the master plan and a general drawing of the planned area.

2. Within 20 working days after receiving a written request for opinions from the agency or organization mentioned in Clause 1 of this Article, the Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the provincial-level People’s Committee of the locality for which the master plan was formulated and related agencies in, checking and replying in writing on the level of mineral survey or assessment; on whether a mineral is available or not; and on the mineral exploration, mining and use master plan approved by a competent authority within the planned area.

Article 20. Responsibility of organizations or individuals licensed to carry out mineral activities to protect unexploited minerals

1. To protect unexploited minerals and carry out mineral exploration and mining in an area where mineral activities are licensed, an organization or individual shall plant markers of corner points of the mineral exploration and mining area based on coordinates stated in its/his/her mineral exploration or mining license.

2. Specifications of a corner point marker in a mineral activity area are prescribed as follows:

a/ For solid mineral exploration and mining, they are specifications of commune-level administrative boundary markers;

b/ For the exploitation of river bed or estuary or coastal sand and gravel, markers shall be planted in accordance with the law on inland waterways or maritime. In case it is impossible to plant such markers, temporary markers shall be planted on river banks under Point a of this Clause.

3. After completely planting markers under Clause 2 of this Article, an organization or individual licensed to carry out mineral activities shall notify such in writing to the provincial-level Natural Resources and Environment Department for the latter to assume the prime responsibility for, and coordinate with district- and commune-level People’s Committees in localities where minerals are mined in, handing over these markers on site. In case of mineral mining under a license granted by the Ministry of Natural Resources and Environment, a representative of the General Department of Geology and Minerals of Vietnam shall be present to witness the handover.

4. An organization or individual licensed to carry out mineral activities shall organize the management and protection of unexploited minerals not to let illegal mining activities occur in the area where mineral activities are licensed. When detecting an illegal mining activity outside the boundaries of the area where mineral activities are licensed, it/he/she shall promptly report it to the district- or commune-level People’s Committee for handling.

5. An organization or individual licensed to carry out mineral activities shall store and protect mined minerals which are left unused, minerals in tailing sites or associated minerals which are not yet recovered in the mining process.

6. Before mining an associated mineral defined in Clause 2, Article 2 of this Decree, an organization or individual mining a primary mineral shall send a written notice thereof to the dossier-receiving agency defined in Clause 1 or 3, Article 47 of this Decree. Within 15 working days, the dossier-receiving agency shall complete the on-site inspection and examination of related dossier and documents and propose the agency competent to grant the license for mining the primary mineral to decide on the mining of the associated mineral for the mining organization or individual to perform other obligations as prescribed.

Chapter IV

MINERAL AREAS AND PROVISIONS ON MINERAL ACTIVITIES

Section 1

MINERAL AREAS

Article 21. Delimitation of areas with small-scale and scattered minerals

1. An area where a mineral exists (except minerals for use as ordinary construction materials, peat, hazardous minerals, mineral water or natural thermal water) as specified in Clause 1, Article 27 of the Mineral Law shall be delimited as an area with small-scale and scattered minerals when satisfying the following criteria:

a/ Lying outside an area where mineral activities are banned or temporarily banned or a national mineral reserve area;

b/ Minerals found to be independently distributed are of small deposits or small-scale natural resources; residual minerals in a mining area, for which a mine closure decision has been issued under Clause 2, Article 73 of the Mineral Law or an area where the licensed mining duration has expired for which a mining license is granted by a competent agency before the effective date of the Mineral Law, are estimated in small deposits or as small-scale natural resources as prescribed in the Appendix to this Decree.

2. Based on the provisions of Clause 1 of this Article, the Ministry of Natural Resources and Environment shall delimit and announce areas with small-scale and scattered minerals.

3. Based on local practical conditions and the criteria prescribed in Clause 1 of this Article, provincial-level People’s Committees shall request the Ministry of Natural Resources and Environment to delimit and announce areas with small-scale and scattered minerals. The Ministry of Natural Resources and Environment shall decide on the assessment of minerals in areas where mineral survey and assessment have been carried out but no data on estimated natural resources are available.

Article 22. Delimitation of areas not subject to auction of the mining right

1. An area where a mineral exists shall be delimited as an area not subject to auction of the mining right as specified in Clause 1, Article 78 of the Mineral Law when meeting one of the following criteria:

a/ Having coal, uranium or thorium;

b/ Having limestone or claystone for use as a material for cement production or a mineral for use as an additive for cement production which has been identified as a material source for cement plant projects; or a mineral identified as a material source for mineral deep-processing plant projects as stated in the mineral master plans approved by the Prime Minister; or mineral water or natural thermal water for use by investment projects for which investment certificates have been granted or investment policy decisions have been issued;

c/ Being a mineral area in the national border belt or an area of strategic national defense or security importance;

d/ Having investment projects on work construction as specified in Clause 2, Article 64, or Point b, Clause 1, Article 65, of the Mineral Law;

dd/ Having a mineral for use as an ordinary construction material as planned for exploitation and supply of a material for the construction of state budget-funded works (development of traffic infrastructure; irrigation or hydropower works); works for mitigation of natural disasters or enemy sabotage; or having a mineral for use as a filling material at traffic infrastructure facilities or welfare facilities under the program on building of a new countryside;

e/ Being a mineral activity area where mineral exploration or mining is restricted under Point a, Clause 2, Article 26 of the Mineral Law;

g/ Being a mineral activity area for which a mineral exploration or mining license has been granted by a competent state management agency.

2. Based on the provisions of Clause 1 of this Article and the competence to license mineral activities provided in Article 82 of the Mineral Law, the Ministry of Natural Resources and Environment or provincial-level Natural Resources and Environment Departments shall delimit areas not subject to auction of the mining right and submit them to the competent authorities defined in Clause 3 or 4, Article 78 of the Mineral Law for approval. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade or Ministry of Construction in, identifying a number of areas with natural resource assessment results in areas subject to mineral survey or assessment funded by organizations or individuals and other cases, then submitting them to the Prime Minister for decision.

3. Within 7 days after competent authorities approve areas not subject to auction of the mining right, the Ministry of Natural Resources and Environment or provincial-level People’s Committees shall publicize the list of areas not subject to auction of the mining right on their websites.

Article 23. Consultation on results of the delimitation of areas where mineral activities are banned or temporarily banned

1. Before submitting to the Prime Minister for approval results of the delimitation of areas where mineral activities are banned or temporarily banned in their localities, provincial-level People’s Committees shall send dossiers for collection of opinions of the Ministries of Natural Resources and Environment; Construction; Industry and Trade; National Defense; Public Security; Agriculture and Rural Development; Transport; Planning and Investment; Culture, Sports and Tourism; and Information and Communications.

2. A dossier for collection of opinions mentioned in Clause 1 of this Article must comprise:

a/ A written request for opinions, made by the provincial-level People’s Committee;

b/ A written explanation with the following principal contents: legal grounds and documents for use as grounds for delimitation; delimitation principles and method; delimitation results in each sector and summarized list of areas where mineral activities are banned or temporarily banned. Each area must have a table of coordinates of corner points according to the Vietnam coordinate system VN-2000, except areas where mineral activities are banned or temporarily banned for national defense or security purposes; and a detailed annex enclosed with informative description of each area delimited as an area where mineral activities are banned or temporarily banned;

c/ A map showing areas where mineral activities are banned or temporarily banned on the topographic basis of the Vietnam coordinate system VN-2000, of a 1/200,000-1/100,000 scale, including also protection and safety corridors for delimited areas (if any). Complicated areas shall be shown on detailed drawings of a 1/25,000-1/10,000 or larger scale.

3. Within 30 working days after receiving a dossier for consultation on results of the delimitation of areas where mineral activities are banned or temporarily banned, consulted agencies shall make written replies on contents within their state management competence. Past that time limit, if consulted agencies make no written reply, they shall be regarded as having agreed with such results.

Article 24. Submission for approval of areas where mineral activities are banned or temporarily banned

1. After finalizing a list of areas where mineral activities are banned or temporarily banned based on opinions of the ministries specified in Clause 1, Article 23 of this Decree, a provincial-level People’s Committee shall send dossiers of such areas to the General Department of Geology and Minerals of Vietnam for submission to the Prime Minister for approval.

2. A dossier of request for approval of an area where mineral activities are banned or temporarily banned must comprise:

a/ A report of the provincial-level People’s Committee to the Prime Minister;

b/ A summary of assimilated and explained opinions of the ministries;

c/ A written explanation enclosed with drawings as specified at Points b and c, Clause 2, Article 23 of this Decree.

3. Within 20 working days after receiving a dossier mentioned in Clause 2 of this Article, the General Department of Geology and Minerals of Vietnam shall complete the examination of documents included in the dossier and propose the Ministry of Natural Resources and Environment to submit the dossier, enclosed with a draft approval decision of the Prime Minister, to the Prime Minister.

Section 2

MINERAL EXPLORATION

Article 25. Selection of organizations or individuals to be licensed for mineral exploration in areas not subject to auction of the mining right

The selection of an organization or individual to be licensed for mineral exploration in an area not subject to auction of the mining right under Clause 1, Article 36 of the Mineral Law shall be carried out as follows:

1. In case the time limit for announcement prescribed at Point a, Clause 1, Article 58 of this Decree expires when only one organization or individual has submitted a dossier of request for mineral exploration, such organization or individual shall be selected to be licensed for mineral exploration.

2. In case the time limit for announcement prescribed at Point a, Clause 1, Article 58 of this Decree expires when two or more organizations or individuals have submitted dossiers of request for mineral exploration, one of them that satisfies the most of the following conditions in the following priority order shall be selected to be licensed for mineral exploration:

a/ Having contributed capital for the geological baseline survey of minerals in the area in which mineral exploration is expected to be licensed;

b/ Having a charter capital at least equal to 50% of the total estimates of the scheme on mineral exploration in the area where exploration is requested;

c/ Having been using modern mining technology and equipment to exhaustedly recover minerals and well performed the environmental protection responsibility and mineral-related financial obligation;

d/ Committing to mine and use minerals to serve domestic production demands in line with the approved mineral master plans after obtaining exploration results.

3. In case all organizations or individuals applying for a mineral exploration license satisfy the conditions prescribed in Clause 2 of this Article, the one being the first to submit a dossier of application as stated in the dossier receipt shall be selected to be licensed for mineral exploration.

4. In case of mineral exploration on the area of a construction investment project under Article 65 of the Mineral Law, the project owner shall be the first to be selected to be licensed for mineral exploration. In case the project owner does not wish to carry out mineral exploration or mining, the competent licensing agency shall select an organization or individual to explore minerals in order to keep up with the construction progress.

Article 26. Conditions for business households to be licensed for exploration of minerals for use as ordinary construction materials

1. A business household specified in Clause 2, Article 34 of the Mineral Law shall be licensed for exploration of minerals for use as ordinary construction materials when fully satisfying the following conditions:

a/ Being selected by the provincial-level People’s Committee under Article 25 of this Decree; and entering into a contract with an organization capable of practicing mineral exploration as specified in Clause 1, Article 35 of the Mineral Law for implementation of an exploration scheme;

b/ Having a scheme on exploration of minerals for use as ordinary construction materials as specified in Clause 2 of this Article and in line with the mineral exploration, mining and use master plan of the province or centrally run city where minerals exist;

c/ Wishing to carry out the mineral exploration on an area not exceeding 1 hectare.

2. Technical contents of a scheme on exploration of minerals for use as ordinary construction materials must meet the requirements on mineral deposit level and exploration network; exploration technique; quality research; level of research and aggregation of quantities for calculation of deposits and calculation of deposits under regulations of the Ministry of Natural Resources and Environment.

3. The Ministry of Natural Resources and Environment shall specify jobs involved in the exploration of minerals for use as ordinary construction materials; and guide the management of riverbed sand and gravel.

Article 27. Transfer of the mining right

1. Conditions for transfer of the mining right:

a/ The transferee fully satisfies the conditions prescribed in Clause 1, Article 34 of the Mineral Law; if failing to fully satisfy the conditions for practicing mineral exploration, it/he/she shall enter into a contract with an organization capable of practicing mineral exploration as specified in Clause 1, Article 35 of the Mineral Law for further implementation of the exploration scheme;

b/ By the time of transfer, the transferor has fulfilled the obligations prescribed at Points b, c, d and e, Clause 2, Article 42; and Clause 3, Article 43 of the Mineral Law and in the mineral exploration license;

c/ By the time of transfer, there is no dispute on rights and obligations related to the mineral exploration;

d/ The transfer requester submits a complete dossier for mining right transfer to the dossier-receiving agency at least 90 days before the expiration of the mineral exploration license.

2. Contents of mining right transfer shall be presented in a contract between the transferor and transferee. Such a contract must clearly state the quantity and volume of exploration jobs and exploration costs paid by the time of transfer; transfer value and responsibilities of parties when performing jobs and their obligations after the transfer.

3. The time limit for processing of a mining right transfer dossier is 45 days after the dossier-receiving agency issues a dossier receipt.

In case a transfer request is rejected by the competent licensing agency, the transferor may continue implementing the mineral exploration license or return it.

4. The mining right transferor and transferee shall perform the financial obligation if they earn an income in accordance with law.

Article 28. Exploration for upgrading deposits in mining areas

1. When carrying out exploration for upgrading mineral deposits in licensed mining areas from low reliability to high reliability or from natural resources to deposits, organizations or individuals licensed for mineral exploration are not required to carry out the procedures for applying for mineral exploration licenses.

2. Before carrying out exploration for upgrading the deposit of a mineral mentioned in Clause 1 of this Article, an organization or individual shall send a written notice to the agency competent to grant a license for mining such mineral, enclosed with the following documents:

a/ A plan on exploration for upgrading, clearly stating exploration objectives, volume, method, duration and schedule;

b/ A map of the location of the work of exploration for deposit upgrading and accompanying volume statistics.

3. Within 20 working days after receiving a written notice and documents specified in Clause 2 of this Article, the agency competent to license mineral mining shall give its written opinions on the exploration for deposit upgrading. Past that time limit, if such agency makes no written reply, the mining organization or individual may carry out the exploration for deposit upgrading under the formulated plan.

4. In case an organization or individual licensed for mineral mining fails to fully satisfy the conditions for practicing mineral exploration, it/he/she shall enter into a contract with an organization or individual that fully satisfies the conditions prescribed in Clause 1, Article 35 of the Mineral Law and regulations of the Government for carrying out the exploration for upgrading.

5. When the exploration for deposit upgrading is completed, organizations or individuals licensed for mineral mining shall submit exploration results to the competent state agency specified in Clause 1, Article 49 of the Mineral Law for approval.

Article 29. Extension of mineral exploration licenses

1. An organization or individual requesting extension of its/his/her mineral exploration license shall be considered for extension of this license when fully satisfying the following conditions:

a/ Submitting a complete dossier of request for extension of the mineral exploration license to the dossier-receiving agency at least 45 days before the expiration of such license, clearly stating the reason for extension request;

b/ By the time of extension request, having not yet completely performed the jobs stated in the mineral exploration scheme and license or seeing a change in the geological structure or changing the exploration method stated in the approved mineral exploration scheme;

c/ By the time of extension request, having fulfilled the obligations prescribed at Points b, c, d, dd and e, Clause 2, Article 42 of the Mineral Law.

2. In case a mineral exploration license expires when a dossier of request for its extension is being appraised by the competent state agency, the mineral-exploring organization or individual shall suspend the exploration and manage and protect property and works under exploration and protect unexploited minerals until the license is extended or refused to be extended as notified in writing by a competent agency.

Article 30. Supervision of implementation of mineral exploration schemes

1. Grounds for supervision of implementation of a mineral exploration scheme:

a/ Mineral exploration license; and mineral exploration scheme appraised by the agency competent to license the exploration;

b/ Standards, technical regulations and economic-technical norms in the field of geology and minerals.

2. Principles of supervision of implementation of a mineral exploration scheme:

a/ Ensuring scope and contents of supervision;

b/ Not obstructing activities of the exploring organization or individual;

c/ Ensuring information serving the supervision is adequate, accurate, truthful and transparent;

d/ Properly processing and keeping supervision and assessment results.

3. Supervision of implementation of a mineral exploration scheme shall be carried out directly or indirectly with the following principal contents subject to supervision:

a/ Capacity, manpower and equipment for implementation of the implementing unit;

b/ Order and progress of performance of exploration jobs under the scheme;

c/ Process of performance and volume of exploration jobs based on current standards, technical regulations and norms.

4. Jobs subject to the supervision of implementation of a mineral exploration scheme include:

a/ Process of survey and exploration on site;

b/ Construction of boreholes, trenches, wells, pits and drillings;

c/ Taking of technological samples; sampling in works; processing of samples (for samples which can be processed on site);

d/ Remaining exploration jobs under the approved scheme not subject to direct supervision.

5. Funds for supervision of implementation of a mineral exploration scheme shall be included in the cost estimate of such scheme. Supervision cost shall be equal to 20% of general costs determined on the basis of direct cost estimates of work items.

6. The Ministry of Natural Resources and Environment shall detail contents of supervision of implementation of exploration schemes.

Article 31. Change of exploration methods and volume

1. In case of change of the exploration method or a change (increase or decrease) in the exploration volume, which leads to an additional cost of over 10% of the total cost estimate of an approved exploration scheme, an organization or individual licensed for mineral exploration shall send a report to explain the reason for the change to the provincial-level Natural Resources and Environment Department of the locality where mineral exploration is carried out, if the mineral exploration license has been granted by the provincial-level People’s Committee; or to the General Department of Geology and Minerals of Vietnam, if the mineral exploration license has been granted by the Ministry of Natural Resources and Environment.

2. Within 20 working days after receiving an explanatory report of an organization or individual mentioned in Clause 1 of this Article, the provincial-level Natural Resources and Environment Department or General Department of Geology and Minerals of Vietnam shall, according to its competence, examine the relevant dossier and documents and organize an on-site inspection, and propose the state agency competent to license exploration to approve in writing the change of the exploration method or in the exploration volume. Past that time limit, if no written reply is made, the change shall be considered approved.

Article 32. On-site survey, taking of samples on the ground for selection of areas eligible for formulation of mineral exploration schemes

1. An organization or individual that wishes to carry out on-site survey and take samples on the ground for selection of an area eligible for formulation of a mineral exploration scheme shall send a written request, enclosed with a survey and sampling program or plan, to the provincial-level People’s Committee of the locality where the mineral exploration is expected to be carried out.

2. Samples to be taken on the ground include heavy sand, metal concentration, petrologic and mineralographic samples, trench samples taken at openings, including trench samples at openings and mineral survey and exploration works previously constructed (if any). The number of each kind of sample must not exceed 50; the weight of a trench sample must not exceed 15 kg (particularly, a walling or flooring slab sample must not be larger than 0.4 m³). The time limit for taking samples on the ground is 1 month.

3. Within 10 working days after receiving a written request of an organization or individual mentioned in Clause 1 of this Article, the provincial-level People’s Committee shall notify in writing its approval or disapproval of the survey or sampling. In case of disapproval, it shall reply in writing clearly stating the reason.

Section 3

APPRAISAL AND APPROVAL OF MINERAL DEPOSITS

Article 33. Organizational structure, functions, tasks and operation of the National Council for Evaluation of Mineral Deposits

1. The National Council for Evaluation of Mineral Reserves mentioned at Point a, Clause 1, Article 49 of the Mineral Law shall be formed by the Prime Minister. Its Chairperson is the Minister of Natural Resources and Environment; its Vice Chairperson is a Deputy Minister of Natural Resources and Environment; and its members are representatives of the Ministries of Industry and Trade; Construction; Planning and Investment; and Science and Technology, and other members nominated by the Minister of Natural Resources and Environment.

The body assisting the Council is the Council’s Office at the Ministry of Natural Resources and Environment. The functions, tasks, powers and organizational structure of the Council’s Office shall be prescribed by the Council Chairperson.

2. The National Council for Evaluation of Mineral Reserves is tasked to appraise and approve or recognize mineral deposits and resources in reports on mineral exploration results and results of exploration for deposit upgrading; certify mineral deposits allowed to be stated in mining designs; elaborate and submit to the competent authority for promulgation regulations on classification of mineral deposits; make statistics on approved mineral deposits within its competence.

3. The National Council for Evaluation of Mineral Reserves works at its sessions convened by its Chairperson. Its members work on a part-time basis and under its operation regulation promulgated by its Chairperson.

Article 34. Appraisal and approval of mineral deposits within licensing competence of provincial-level People’s Committees

1. Provincial-level People’s Committees shall:

a/ Appraise, approve and recognize mineral deposits and resources in reports on results of mineral exploration within their licensing competence;

b/ Certify mineral deposits allowed to be stated in mining designs within their licensing competence.

2. Provincial-level Natural Resources and Environment Departments shall assume the prime responsibility for, and coordinate with related state management agencies in, appraising reports on exploration results, submitting to provincial-level People’s Committees for approval or recognition mineral deposits in reports on mineral exploration results; and certifying mineral deposits allowed to be stated in mining designs as prescribed in Clause 1 of this Article.

3. In case of necessity, a provincial-level People’s Committee may decide to form a technical advisory council composed of representatives of related state management agencies and a number of experts who are deeply knowledgeable about mineral exploration to appraise reports on mineral exploration results before submitting for approval mineral deposits within its licensing competence.

Article 35. Contents of appraisal of reports on mineral exploration results and approval of deposits in reports on mineral exploration results

Contents of appraisal of a report on mineral exploration results or approval of deposits in a report on mineral exploration results by the National Council for Evaluation of Mineral Reserves or a provincial-level People’s Committee are as follows:

1. Contents of appraisal of a report on mineral exploration results include:

a/ Legal grounds and bases for making the report;

b/ Results of implementation of volume of exploration works; indicators for deposit calculation or feasibility study of the mineral mining project; method of aggregation and calculation of mineral deposits;

c/ Reliability of deposits, quality and technological nature of minerals;

d/ Reliability of hydrogeological and engineering geological conditions related to the feasibility study of mineral mining;

dd/ Reliability of geodesic and geophysical documents relevant to areas, coordinates and calculation results of mineral deposits.

2. Contents of approval of deposits in a report on mineral exploration results include:

a/ Names of minerals; location, acreage and coordinates of the mineral exploration area or mineral deposit approval or recognition area;

b/ Deposits and resources of primary mineral, associated minerals and accompanying useful elements (if any); certification of mineral deposits allowed to be stated in mining designs;

c/ Scope of use of reports on exploration results.

3. The Ministry of Natural Resources and Environment shall provide guidance on forms of report on mineral exploration results and decision approving or recognizing mineral deposits in a report on mineral exploration results.

The Ministry of Finance shall provide guidance on rates and the collection, remittance, management and use of charges for appraisal and assessment of mineral deposits.

Section 4

MINERAL MINING

Article 36. Conditions for business households to mine minerals for use as ordinary construction materials or to carry out salvage mining

1. A business household defined in Clause 2, Article 51 of the Mineral Law shall be licensed to mine minerals for use as ordinary construction materials or to conduct salvage mining when fully meeting the following conditions:

a/ Having an economic-technical report on mineral mining in an area where mineral exploration has been conducted and for which mineral deposits have been approved in line with the master plan on exploration, mining and use of minerals of the province or city where minerals exist. Such a report must comprise a plan on employment of specialized human resources, and appropriate mining equipment, technologies and methods;

b/ Having an environmental protection plan, enclosed with a competent agency’s plan approval document in accordance with the law on environmental protection;

c/ Mining minerals at an annual output not exceeding 3,000m³ of products being crude minerals.

2. The Ministry of Industry and Trade shall provide guidance on contents of an economic-technical report on mining minerals for use as ordinary construction materials or on salvage mining applicable to business households.

Article 37. Transfer of the mining right

1. Conditions for transfer of the mining right:

a/ The transferee must fully satisfy the conditions prescribed in Clause 1, Article 51, and Point c, Clause 2, Article 53, of the Mineral Law;

b/ By the time of transfer, the organization or individual licensed to mine minerals has completely performed the jobs specified in Clause 1, Article 66, and the obligations mentioned at Points a, b, c, d, e, and g, Clause 2, Article 55, of the Mineral Law;

c/ At the time of transfer, there is no dispute over the rights and obligations relating to mining activities;

d/ The transfer requester submits a complete dossier to the dossier-receiving agency when its/his/her mining license remains valid for at least 90 days.

2. The transfer of the mining right shall be expressed in a contract between the transferor and transferee with the following principal contents:

a/ Actual quantity, volume and value of mining works; technical infrastructure facilities constructed; transfer value; and performance of financial obligations by the transferor by the time of contract signing;

b/ Responsibilities of the transferee for continued performance of jobs and obligations not yet accomplished by the transferor by the time of transfer;

c/ Other relevant rights and obligations of the transferor and transferee under regulations.

3. The time limit for processing a dossier for transfer of the mining right is 45 days after the dossier-receiving agency issues a dossier receipt.

In case the request for transfer is rejected by the competent licensing agency, the transferor may continue implementing the mining license or return it.

4. The transferor and transferee of the mining right shall perform financial obligations if they earn an income as prescribed by law.

Article 38. Validity duration of mining licenses

1. The validity duration of a mining license is the period of mining stated in the mining investment project as prescribed in Clause 2 of this Article but must not exceed the duration prescribed in Clause 2, Article 54 of the Mineral Law.

2. The period of mining under a mining investment project includes the time for mine capital construction, including the time expected for carrying out the procedures for compensation, ground clearance and land rent; time for mining activities according to the designed capacity; and time for dredging.

Article 39. Extension of mining licenses or salvage mining licenses

1. A mining organization or individual may have its/his/her mining license or salvage mining license extended when fully meeting the following conditions:

a/ Having submitted a complete dossier for extension of its/his/her mining license or salvage mining license to the dossier-receiving agency when the mining license remains valid for at least 45 days or salvage mining license remains valid for at least 15 days, stating the reason for extension;

b/ Having a report on mining results from the time it/he/she is licensed for mining activities to the time of request for extension, stating that by the time of request for extension, it/he/she has not fully mined mineral deposits in the mining area under the mining license;

c/ Having fulfilled, by the time of request for extension, the obligations specified at Points a, c, d, dd, e and g, Clause 2, Article 55 of the Mineral Law, for a mining license, or Points c, d, dd, e and g, Clause 2, Article 55, and Point a, Clause 2, Article 69, of the Mineral Law, for a salvage mining license;

d/ Having fulfilled the obligations regarding environmental protection, and use of land, water and technical infrastructure facilities in mining activities in accordance with the mineral law and other relevant laws;

dd/ At the time of request for extension, the subsequent mining plan must comply with the approved mineral master plan as prescribed at Point c or d, Clause 1, Article 10 of the Mineral Law.

2. Extension of a mining license or salvage mining license means extension of the duration of further exercising the mining right of an organization or individual based on the residual mineral deposits permitted to be mined by the time of extension without changing the licensed mining output.

If wishing to increase the mining output, the mining organization or individual shall formulate an upgrading or expansion investment project; make and submit for approval an environmental impact assessment report or environmental protection plan and an environmental improvement and restoration plan under regulations. When a mining license is extended, the mining area may be adjusted as appropriate to the residual mineral deposits but must not go beyond the scope of the previously licensed mining area.

3. In case a mining license or salvage mining license expires while a dossier for its extension is considered by a competent state agency, the mining organization or individual shall suspend mining activities and shall manage and protect property and works used in mining activities, safety and environmental protection works and protect unexploited minerals until its/his/her license is extended or until a competent agency issues a written reply refusing extension.

Article 40. Mineral deposits allowed to be stated in mining designs

1. Mineral deposits under a mining project which are allowed to be stated in a mining design as prescribed in Article 52 of the Mineral Law include the whole or part of mineral deposits approved by a competent state agency, not existing in areas where mining activities are banned or temporarily banned, and being in line with the relevant mineral master plan approved by a competent agency.

2. When the consumption demand, mining duration or a certain social factor makes it impossible to fully mine the approved or licensed mineral deposits, mineral deposits allowed to be stated in a mining design must not be lower than 50% of the total approved mineral deposits, for solid minerals; or must not be lower than 35% of the total flow approved by a competent state agency, for mineral water or natural thermal water, and shall be certified by an agency competent to approve mineral deposits defined in Article 49 of the Mineral Law.

Article 41. Books and documents used for determining the output of actually mined minerals

1. Depending on each type and category of minerals, the output of actually mined minerals shall be determined based on one of technical or financial books or documents specified in Clauses 2 and 3 of this Article.

2. Technical books or documents used for determining the output of actually mined minerals include:

a/ Book for monitoring, and compiling statistics on, the volume of crude minerals and volume of waste soil or rock (if any); blasting passport, and industrial explosive delivery bill;

b/ Takeover test record of the volume of minerals in every stage of mining, including soil and rock preparation, shoveling, transportation and discarding;

c/ Map and sections of the mining area showing its actual conditions;

d/ Results of survey, loss calculation and impoverishment of minerals.

3. Financial books and documents used for determining the output of actually mined minerals include:

a/ Purchase invoice/delivery bill of materials and fuel supplied for the mining stages mentioned at Point b, Clause 2 of this Article;

b/ Sale invoice/delivery bill of crude minerals transported out of the mining area;

c/ Contract on purchase and sale of crude minerals or minerals already thrashed, crushed, sieved, sorted and washed; takeover test record of volume of minerals; and record of liquidation of mineral purchase and sale contract.

Article 42. Determination of output of actually mined minerals

1. The output of actually mine minerals shall be determined based on information and data of books and documents specified in Clause 2 or 3, Article 41 of this Decree, which is the total of the following volumes:

a/ Crude minerals consumed; or thrashed, crushed, sieved or otherwise processed to be enriched;

b/ Crude minerals stored in warehouses but neither yet consumed nor transported out of the mining area.

2. Mining organizations and individuals, except business households, shall install weighing stations at places from which crude minerals are transported out of mining areas; and install surveillance cameras at warehouses for storing relevant information and data.

3. Monthly, mining organizations and individuals shall compile statistics and calculate and update data in books and documents mentioned in Article 41 of this Decree for declaring the output of minerals used for royalties calculation and determining the annual output of mined minerals in periodical reports on mineral mining for submission to tax offices in accordance with the tax law.

4. The Ministry of Natural Resources and Environment shall provide guidance on the process and methods of determining, and forms used for compiling statistics on, the output of actually mined minerals.

Article 43. Responsibility for managing, storing and using data on output of mined minerals

1. Mining organizations and individuals shall keep documents specified in Article 41 of this Decree from the time of starting mine capital construction to the time of finishing mining activities and mine closure, and take responsibility before law and state management agency in charge of minerals for accuracy of kept information and data.

A mining organization or individual that fails to make or fully make books or documents; or makes them without fully keeping data or information or keeps inaccurate data or information, leading to the loss of state budget revenues shall be handled in accordance with law.

2. Books and documents used for determining the output of actually mined minerals shall be kept in 1 set in the mining area’s office and 1 set (copies) at the head office of the mining organization or individual.

3. The duration of keeping of books and documents referred to in Clauses 2 and 3, Article 41 of this Decree must comply with the law on archives. Books and documents used for determining the annual output of mined minerals, and digitalized information and data shall be kept until mining activities finish and mineral mines are closed.

4. When requested by a competent state agency or inspection or examination team formed by a competent state agency, the mining organization or individual shall provide sufficient books and documents referred to in Clauses 2 and 3, Article 41 of this Decree. If failing to provide sufficient books and documents or making false declaration, the mining organization or individual shall be handled under regulations.

Section 5

ADJUSTMENT OF ENVIRONMENTAL REHABILITATION AND RESTORATION PLANS; CLOSURE OF MINERAL MINES

Article 44. Adjustment of environmental rehabilitation and restoration plans

1. The adjustment or addition of the volume, cost estimate and total deposit amount for environmental rehabilitation and restoration under an approved plan on environmental rehabilitation and restoration shall be made in the following cases:

a/ After a mine design is approved, the volume of mining work items is changed or when new work items are added, making the cost estimates of environmental rehabilitation and restoration works exceed 15% of the total cost estimate stated in such plan;

b/ During the implementation, the actual volume of certain work items increases, leading to an excess of 10% of the cost estimate of every work item under such plan.

2. Before carrying out the environmental rehabilitation and restoration on an area where mineral deposits have been fully mined, a mining organization or individual shall notify such in writing to the dossier-receiving agency defined in Clause 1 or 3, Article 47 of this Decree. Within 15 working days, the dossier-receiving agency shall complete the field inspection, review the relevant dossier and documents, and submit them to a state agency competent to grant licenses for mining such minerals for issuance of a written notice to the mining organization or individual.

If wishing to close a mine for returning an area where mineral deposits have been fully mined, a mining organization or individual shall formulate a mine closure scheme and submit it to a state agency competent to grant licenses for mining such minerals for approval before implementing this scheme and concurrently report such to a competent agency for adjustment of the environmental rehabilitation and restoration plan.

Article 45. Appraisal of mineral mine closure schemes

1. The Ministry of Natural Resources and Environment or provincial-level People’s Committees shall, based on their competence provided in Clause 1 or 2, Article 82 of the Mineral Law, organize the appraisal of mineral mine closure schemes before deciding on mine closure.

2. A mineral mine closure scheme shall be appraised by a mineral mine closure scheme appraisal council formed by the Minister of Natural Resources and Environment or provincial-level People’s Committee of the locality where the mineral mine is located according to his/her/its competence. The Minister of Natural Resources and Environment shall promulgate the operation regulation of this council.

A mineral mine closure scheme shall be appraised within 60 days after the receipt of a complete and valid dossier.

3. The appraisal of a mine closure scheme covers:

a/ Reason for the closure;

b/ Actual state, quantity, volume and safety of mine works and auxiliary works serving the mining; and environmental protection works and environmental rehabilitation and restoration works already built, including the mine’s tailing sites at the time of mine closure;

c/ Actually mined volume of minerals, and residual mineral deposits in the area where mining is permitted as compared to the deposits permitted to be mined under the mining license at the time of mine closure;

d/ Volume of jobs for, and method of, mine closure, and measures to protect unexploited minerals; safety solutions for the mining site after closure of the mine and auxiliary works; volume of environmental rehabilitation and rehabilitation works; period of stabilization and safety of the mine’s tailing sites; measures to restore soil and environment during the implementation of the mine closure scheme and orientations for land use after mine closure;

dd/ Volume and performance progress of jobs under the scheme and duration of completion of work items of the scheme.

4. The Ministry of Finance shall prescribe the rates and management and use of charges for appraisal of mine closure schemes and takeover test of mine closure schemes.

Article 46. Performance and takeover test of mineral mine closure schemes

1. When a mining license expires or when this license is returned or part of the mining area is returned, a mining organization or individual shall formulate a mineral mine closure scheme and submit it to a competent state agency for approval, and organize its implementation.

2. If a mining organization or individual is dissolved or goes bankrupt, the state management agency competent to grant mining licenses shall select through bidding a capable unit to formulate and implement a mineral mine closure scheme. If unable to select such unit through bidding, this agency shall designate a unit to formulate and implement such scheme.

If a mineral mine closure scheme has been approved and a mining organization or individual has mobilized to the utmost existing capital, equipment and technologies but remains unable to perform or fully perform the work items under this scheme, the agency that has approved such scheme shall select a unit by the method mentioned above to implement the scheme.

3. Funds for formulation and implementation of a mineral mine closure scheme mentioned in Clause 2 of this Article come from deposits for environmental rehabilitation and restoration paid by the organization or individual licensed to mine minerals, counted by the time of scheme formulation. If these funds are smaller than cost estimates, the provincial-level People’s Committee of the locality where minerals are mined shall make an addition to budget expenditure estimates and submit them to the same-level People’s Council for approval.

4. Results of the implementation of a mine closure scheme shall be tested upon takeover by the dossier-receiving agency defined in Clause 1 or 3, Article 47 of this Decree before being submitted to the agency competent to grant mining licenses for issuance of a mine closure decision under regulations of the Ministry of Natural Resources and Environment.

The inspection and certification of the return of all deposits for environmental rehabilitation and restoration in mining activities shall be carried out simultaneously with the takeover test of results of the implementation of a mineral mine closure scheme.

Chapter V

PROCEDURES FOR LICENSING MINERAL ACTIVITIES, APPROVAL OF MINERAL DEPOSITS AND CLOSURE OF MINERAL MINES

Section 1

AGENCIES RECEIVING DOSSIERS FOR LICENSING MINERAL ACTIVITIES, FORMS OF RECEIVING DOSSIERS AND NOTIFYING DOSSIER PROCESSING RESULTS

Article 47. Agencies receiving dossiers for licensing mineral activities, dossiers for approval of mineral deposits, and dossiers for mineral mine closure

Agencies receiving dossiers for licensing mineral activities, dossiers for approval of mineral deposits, and dossiers for mineral mine closure are defined as follows:

1. The General Department of Geology and Minerals of Vietnam shall receive dossiers for licensing mineral activities; the Ministry of Natural Resources and Environment shall receive dossiers for mineral mine closure.

2. The Office of the National Council for Evaluation of Mineral Reserves shall receive dossiers for approval, recognition and certification of mineral deposits in reports on mineral exploration results, for minerals within the licensing competence of the Ministry of Natural Resources and Environment.

3. Provincial-level Departments of Natural Resources and Environment shall receive dossiers for licensing mineral activities; dossiers for registration of areas and volumes of minerals to be mined for use as ordinary construction materials within areas of work construction under projects, including dossiers for registration of volumes of sand and gravel recovered from channel dredging projects; dossiers for approval, recognition and certification of mineral deposits in reports on mineral exploration results; and dossiers for mineral mine closure within the licensing competence of provincial-level People’s Committees.

Article 48. Forms of receiving dossiers for licensing mineral activities, dossiers for approval of mineral deposits and dossiers for mineral mine closure, and notifying dossier processing results

1. Dossiers for licensing mineral activities or dossiers for mineral mine closure shall be submitted directly or sent by post to the dossier-receiving agency defined in Clause 1 or 3, Article 47 of this Decree or submitted using online public services.

Dossiers for approval of mineral deposits shall be submitted directly to the dossier-receiving agency defined in Clause 2 or 3, Article 47 of this Decree.

2. The time limit for processing a dossier prescribed in Clause 2, Article 48; Clause 2, Article 50; Clause 2, Article 60; or Clause 2, Article 71, of the Mineral Law, shall be counted from the date the dossier-receiving agency issues a dossier receipt.

3. The notification of dossier processing results is prescribed as follows:

a/ Dossiers for licensing mineral activities, including dossiers for registration of areas and volumes of minerals to be mined for use as ordinary construction materials within the areas of work construction under projects, and dossiers for registration of volumes of sand recovered from channel dredging projects shall be submitted directly at dossier-receiving agencies;

b/ Dossiers for approval, recognition and certification of mineral deposits in mineral exploration reports; and dossiers for mineral mine closure shall be submitted directly at dossier-receiving agencies or sent by post.

Section 2

FORMS OF DOCUMENTS IN DOSSIERS

Article 49. Dossier for grant, extension or return of mineral exploration licenses, return of part of mineral exploration areas, or transfer of the mineral exploration right

1. Documents in a dossier for grant of a mineral exploration license prescribed in Clause 1, Article 47 of the Mineral Law shall be made in 1 set, comprising:

a/ The originals of the application for a mineral exploration license, map of the mineral exploration area, and mineral exploration scheme;

b/ Certified copies or copies enclosed with their originals for comparison, of the business registration certificate or enterprise registration certificate; decision establishing Vietnam-based representative offices or branches, for a foreign enterprise; environmental protection plan approved by a competent agency, for exploration of hazardous minerals; written certification of auction winning, in case of auction of the right to mine minerals in areas where mineral exploration has not yet been carried out; and equity-evidencing documents specified in Article 9 of this Decree.

In case of request for exploration of radioactive ores, the dossier must also comprise a written safety appraisal issued by the Vietnam Agency for Radiation and Nuclear Safety of the Ministry of Science and Technology.

2. Documents in a dossier for extension of a mineral exploration license specified in Clause 2, Article 47 of the Mineral Law shall be made in 1 set, comprising:

a/ The originals of the written request for extension of a mineral exploration license; report on mineral exploration results by the time of request and subsequent plan on mineral exploration; and map of the mineral exploration area (after returning 30% of the previously explored area);

b/ Originals or certified copies or copies enclosed with their originals for comparison, of documents proving the requester’s fulfillment of exploration-related obligations by the time of request.

3. Documents in a dossier for return of a mineral exploration license or return of part of the mineral exploration area as prescribed in Clause 3, Article 47 of the Mineral Law shall be made in 1 set, comprising:

a/ The originals of the written request for return of a mineral exploration license or return of part of the mineral exploration area; mineral exploration license; report on mineral exploration results by the time of request; map of the mineral exploration area and subsequent plan on mineral exploration, in case of return of part of the exploration area;

b/ Originals or certified copies or copies enclosed with their originals for comparison, of documents proving the requester’s fulfillment of exploration-related obligations by the time of request.

4. Documents in a dossier for transfer of the mineral exploration right specified in Clause 4, Article 47 of the Mineral Law shall be made in 1 set, comprising:

a/ The originals of the written request for transfer of the mineral exploration right; contract on transfer of the mineral exploration right; and report on mineral exploration results by the time of request;

b/ Certified copies or copies enclosed with their originals for comparison, of the business registration certificate or enterprise registration certificate of the transferee; and documents proving the transferor’s fulfillment of the obligations prescribed at Points b, c, d and e, Clause 2, Article 42, and Clause 3, Article 43, of the Mineral Law.

Article 50. Dossier for approval of mineral deposits

Documents in a dossier for approval of mineral deposits as specified in Clause 1, Article 50 of the Mineral Law shall be made in 1 set, comprising:

1. The originals of the written request for approval of mineral deposits; report on mineral exploration results or report on results of exploration to upgrade mineral deposits, and relevant annexes, drawings and original documents; documents explaining indicators for calculating mineral deposits or feasibility study report of the mining investment project; takeover test record of the volume and quality of mineral exploration works built by the requester; and report on results of supervision of implementation of the mineral exploration scheme.

2. Originals or certified copies or copies enclosed with their originals for comparison, of the appraised mineral exploration scheme and mineral exploration license; or mining license, in case of exploration to upgrade mineral deposits in an area where mining activities are licensed.

3. One set of the documents specified in Clause 1 of this Article shall be recorded in a compact disk.

Article 51. Dossiers for grant, extension or return of mining licenses, return of part of mining areas, or transfer of the mining right

1. Documents in a dossier for grant of a mining license as specified in Clause 1, Article 59 of the Mineral Law shall be made in 1 set, comprising:

a/ The originals of the application for a mining license; map of the mining area; and mining investment project enclosed with the approval decision;

b/ Certified copies or copies enclosed with their originals for comparison, of the business registration certificate or enterprise registration certificate; competent state agency’s decision approving mineral deposits; written certification of auction winning, in case of auction of the right to mine minerals in areas where exploration results are available; environmental impact assessment report or environmental protection plan, enclosed with a report or plan approval decision issued by a competent state management agency; the investment policy decision (for a domestic investor), investment registration paper or investment registration certificate (for an enterprise involving foreign elements); and documents evidencing the requester’s equity as prescribed in Article 9 of this Decree.

In case of request for mining radioactive ores, the dossier must also comprise the written safety appraisal issued by the Vietnam Agency for Radiation and Nuclear Safety of the Ministry of Science and Technology.

2. Documents in a dossier for extension of a mining license as specified in Clause 2, Article 59 of the Mineral Law shall be made in 1 set, comprising:

a/ The originals of the written request for extension of a mining license; map of the mining status at the time of request; and report on mining results by the time of request;

b/ Originals or certified copies or copies enclosed with their originals for comparison, of documents proving the requester’s fulfillment of the obligations prescribed at Points a, b, c, dd, e and g, Clause 2, Article 55 of the Mineral Law, by the time of request.

3. Documents in a dossier for return of a mining license or return of part of a mining area as specified in Clause 3, Article 59 of the Mineral Law shall be made in 1 set, comprising:

a/ The originals of the written request for return of a mining license or return of part of the mining area; map of the mining status at the time of request; mining license; report on mining results by the time of request; and mine closure scheme or scheme on closure of part of the mining area, in case of request for return of part of the mining area;

b/ Originals or certified copies or copies enclosed with their originals for comparison, of documents proving the requester’s fulfillment of the obligations prescribed at Points a, b, c, dd, e and g, Clause 2, Article 55 of the Mineral Law, by the time of request.

4. Documents in a dossier for transfer of the mining right as prescribed in Clause 4, Article 59 of the Mineral Law, including the transfer of the mining right to the attached unit wholly owned by the requester, shall be made in 1 set, comprising:

a/ The originals of the written request for transfer of the mining right; transfer contract, enclosed with a list of values of transferred assets; map showing the mining status at the time of request; and report on mining results by the time of request;

b/ Originals or certified copies or copies enclosed with their originals for comparison, of documents proving the requester’s fulfillment of the obligations prescribed at Points a, b, c, dd, e and g, Clause 2, Article 55 of the Mineral Law, by the time of transfer;

c/ Certified copies or copies enclosed with their originals for comparison, of the business registration certificate or enterprise registration certificate, for the transferee; and investment registration paper or investment registration certificate (for the transferee being an enterprise involving foreign elements).

Article 52. Dossier for grant, extension or return of salvage mining licenses

1. Documents in a dossier for grant of a salvage mining license as specified in Clause 1, Article 70 of the Mineral Law shall be made in 1 set, comprising:

a/ The originals of the application for a salvage mining license; map of the salvage mining area; and mining project, enclosed with the project approval decision;

b/ Originals or certified copies or copies enclosed with their originals for comparison, of the environmental impact assessment report enclosed with the report approval decision or environmental protection plan enclosed with the written certification issued by a competent state management agency; and enterprise registration certificate.

2. Documents in a dossier for extension of a salvage mining license as specified in Clause 2, Article 70 of the Mineral Law shall be made in 1 set, comprising:

a/ The originals of the written request for extension of a salvage mining license; and report on salvage mining results by the time of request;

b/ Originals or certified copies or copies enclosed with their originals for comparison, of the documents proving the requester’s fulfillment of the obligations prescribed in Clause 2, Article 69 of the Mineral Law, by the time of request.

3. Documents in a dossier for return of a salvage mining license as specified in Clause 3, Article 70 of the Mineral Law shall be made in 1 set, comprising:

a/ The originals of the written request for return of a salvage mining license; salvage mining license; report on salvage mining results by the time of return of the license; and mine closure scheme;

b/ Originals or certified copies or copies enclosed with their originals for comparison, of the documents proving the requester’s fulfillment of the obligations prescribed in Clause 2, Article 69 of the Mineral Law, by the time of request.

Article 53. Dossiers for registration of areas, capacity, volumes, methods, equipment and plans of mining minerals for use as ordinary construction materials in areas of work construction projects

1. A dossier for registration of area, capacity, volume, method, equipment and plan of mining minerals for use as ordinary construction materials in a project area as prescribed at Point a, Clause 2, Article 64 of the Mineral Law must comprise:

a/ The original of the written registration of the mining area, capacity, volume, method, equipment and plan;

b/ The originals or certified copies or copies enclosed with their originals for comparison, of the drawing of the general plan on the project construction area and project approval decision issued by a competent state agency; and environmental impact assessment report approved by a competent state agency.

2. In case of registering volume of sand recovered from a channel dredging project, a dossier must comprise:

a/ The originals of the written request for recovery of sand and gravel, enclosed with the drawing of the location and scope of the dredging project area; and written registration of volume, plan, method and equipment of sand and gravel recovery;

b/ The originals or certified copies or copies enclosed with their originals for comparison, of the plan and duration for project implementation and project approval decision issued by a competent state agency; the project’s environmental impact assessment report approved by a competent state agency; and contract to hire sand storing yards (if any).

Article 54. Dossiers for mining minerals in areas where work construction projects are implemented

A dossier for grant of a license to mine minerals in an area where a work construction project is implemented as specified in Clause 2, Article 65 of the Mineral Law must comprise:

1. The originals of the application for a mining license; map of the mining area which shows the scope and area of the work construction project; plan on mining minerals in the project area, enclosed with an environmental rehabilitation and restoration plan approved by a competent authority;

2. The originals or certified copies or copies enclosed with their originals for comparison, of the enterprise registration certificate and project investment policy decision (if any); competent authority’s project approval decision; map of the general plan of the project area approved by a competent authority; competent state agency’s decision (if any) approving mineral deposits in the work construction area; and the project’s environmental impact assessment report or environmental protection plan, enclosed with report or plan approval decision issued by a competent state agency.

Article 55. Dossiers for modification of mining licenses

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

a/ The mineral deposits after being explored for upgrading in a mining area as approved by a competent state agency exceed the reliability of relevant deposit volumes previously approved;

b/ When the mining organization or individual wishes to increase the mining capacity stated in the license by more than 15%;

c/ When the mining organization or individual is renamed;

d/ When the mining organization or individual wishes to change the mining method or technology or mineral deposits allowed to be included in the mining design under the mine investment and design project.

2. A dossier for modification of a mining license must comprise:

a/ The originals of the written request for modification of a mining license; investment project adjusted according to newly approved mineral deposits or adjusted capacity or changed mining method or technology, enclosed with project approval decision; environmental impact assessment report/environmental protection plan enclosed with report/plan approval decision issued by a competent state agency; report on mining results and obligations fulfilled by the time of request; and a competent agency’s document approving the modification;

b/ The originals or certified copies or copies enclosed with their originals for comparison, of written explanations of reports and enclosed drawings, and competent state agency’s decision approving the results of exploration to upgrade mineral deposits; documents relating to the change of the requester’s name or organizational structure, in the case specified at Point c, Clause 1 of this Article.

3. An agency competent to grant mining licenses is the agency competent to issue decisions modifying such licenses. A mining license modification decision is a legal paper integral to the mining license.

Article 56. Dossiers for approval of mineral mine closure schemes

1. A dossier for approval of a mineral mine closure scheme as specified in Article 73 of the Mineral Law must comprise:

a/ A written request for approval of a mineral mine closure scheme;

b/ The mineral mine closure scheme;

c/ A map of the status of the area where a mineral mine will be closed;

d/ Documents proving the requester’s fulfillment of the mining-related obligations by the time of mine closure.

2. Documents in a dossier for approval of a mineral mine closure scheme as specified in Clause 1 of this Article shall be made in 1 set, comprising:

a/ The originals of the written request for approval of a mineral mine closure scheme; mineral mine closure scheme; map of the status of the mining area at the time of request; and report on implementation of environmental rehabilitation and restoration plan by the time of mine closure;

b/ The originals or certified copies or copies enclosed with their originals for comparison, of the mining license; environmental rehabilitation and restoration plan enclosed with plan approval decision; and documents proving the requester’s fulfillment of the obligations prescribed at Points a, b, c, dd, e and g, Clause 2, Article 55 of the Mineral Law, by the time of request for mine closure.

Article 57. Forms of documents in dossiers for licensing mineral activities, dossiers for approval of mineral deposits, dossiers for mineral mine closure

1. Documents in a dossier for licensing mineral activities; registration of area, capacity, volume, method, equipment and plan of mining minerals for use as ordinary construction materials in a work construction area; or registration of volume of sand and gravel recovered during the implementation of a channel dredging project; a dossier for approval of mineral deposits or dossier for mineral mine closure; and mineral exploration licenses, mining licenses, reports on mineral exploration results, written certifications of registration for mining minerals for use as ordinary construction materials in work construction areas, written certifications of volumes of sand and gravel recovered during channel dredging, decisions approving and recognizing mineral deposits, decisions approving mineral mine closure schemes, and decisions on mineral mine closure shall be made according to forms applicable nationwide.

2. The Ministry of Natural Resources and Environment shall issue forms of the documents specified in Clause 1 of this Article.

Section 3

ORDER OF CARRYING OUT THE PROCEDURES

Article 58. Order of carrying out the procedures for grant of mineral exploration licenses

1. The receipt of a dossier for grant of a license to explore minerals in an area not subject to auction of the mining right is prescribed as follows:

a/ When receiving a dossier from the first organization or individual that wishes to explore minerals, the dossier-receiving agency shall publicize the name of such organization or individual, names of minerals and location of the area where minerals will be explored at its head office, on the website of the licensing agency, in the national bidding network, and on the Bidding newspaper.

For other organizations and individuals, the time limit for notifying the result of processing a dossier for mineral exploration is 30 days from the date of receipt of a dossier for mineral exploration from the first organization or individual;

b/ Past the time limit prescribed at Point a of this Clause, the dossier-receiving agency may refuse to receive dossiers and shall select an organization or individual to be granted a mineral exploration license under Clause 2, Article 25 of this Decree.

The time limit for selecting an organization or individual to be granted a mineral exploration license is 5 days after the expiration of the time limit prescribed at Point a of this Clause;

c/ Past the time limit prescribed at Point b of this Clause, if having selected a dossier of an organization or individual to be granted a mineral exploration license, the dossier-receiving agency shall issue a dossier receipt and publicize the name of the selected organization or individual at its head office and on the website of the licensing agency.

For organizations and individuals not selected for grant of a mineral exploration license, the dossier-receiving agency shall notify them in writing of the reason for the non-selection.

2. The receipt of a dossier for mineral exploration from the organization or individual that wins the auction of the right to mine minerals in an area where mineral exploration has not yet been carried out is prescribed as follows:

a/ The auction-winning organization or individual shall submit the dossier to the dossier-receiving agency;

b/ Within 5 days, the dossier-receiving agency shall check the papers and documents in the dossier and, if these papers and documents satisfy the requirements prescribed in Clause 1, Article 47 of the Mineral Law and Clause 1, Article 49 of this Decree, issue a dossier receipt.

3. If the dossier does not comprise all the papers and documents as prescribed or comprises all of them but their contents are incompliant with regulations, the dossier-receiving agency shall guide the organization or individual to complete the dossier. Such guidance shall be made only once.

4. Appraisal of a dossier for mineral exploration

Within 55 days after issuing a dossier receipt, the dossier-receiving agency shall complete the following jobs:

a/ Inspecting the coordinates and area of the location where mineral exploration will be carried out, including field inspection;

b/ Sending written requests to related agencies for their opinions on the location where mineral exploration will be carried out, in the case specified in Clause 3, Article 48 of the Mineral Law.

Within 20 days after receiving a written request from the dossier-receiving agency, the consulted agency shall make a written reply on relevant issues. Past that time limit, if giving no reply, the consulted agency shall be regarded as agreeing with the issues raised by the dossier-receiving agency;

c/ Appraising the mineral exploration scheme before submitting it for grant of a mineral exploration license according to the order prescribed in Article 59 of this Decree.

5. The submission of a dossier for grant of a mineral exploration license is prescribed as follows:

a/ Within 21 days after accomplishing the jobs specified in Clause 4 of this Article, the dossier-receiving agency shall complete a dossier for grant of a mineral exploration license and submit it to the licensing agency;

b/ Within 7 days after receiving a dossier from the dossier-receiving agency, the licensing agency shall decide to grant or not to grant a mineral exploration license, and issue a written reply stating the reason for its refusal to grant a license.

6. Notification of results of processing a dossier for grant of a mineral exploration license

Within 7 days after receiving a dossier for grant of a mineral exploration license from the licensing agency, the dossier-receiving agency shall notify the results of dossier processing to the applicant for it/him/her to perform relevant obligations under regulations.

Article 59. Order of appraising mineral exploration schemes

1. The appraisal of a mineral exploration scheme under the licensing competence of the Ministry of Natural Resources and Environment shall be carried out within the time limit prescribed in Clause 4, Article 58 of this Decree, specifically as follows:

a/ Within 35 days after issuing a dossier receipt, the dossier-receiving agency shall send a mineral exploration scheme to experts for their opinions, which shall be given within 10 days after the request is received;

b/ Within 5 days after receiving experts’ opinions, the dossier-receiving agency shall summarize them and enclose them with the dossier to the Chairperson of the Council for Appraisal of Mineral Exploration Schemes defined in Clause 3 of this Article (below referred to as the Appraisal Council);

c/ Within 10 days after receiving the dossier enclosed with experts’ opinions as prescribed at Point b of this Clause, the Chairperson of the Appraisal Council shall decide to convene a meeting of the Council;

d/ Within 5 days after the meeting concludes, the dossier-receiving agency shall completely make the meeting minutes. When the scheme needs modification or reformulation, the dossier-receiving agency shall send a written notice stating the reason for non-approval or to-be-modified contents of the scheme, enclosed with the meeting minutes.

The time for an applicant for a mineral exploration license to modify or reformulate a mineral exploration scheme shall not be included in the time limit for scheme appraisal.

2. The appraisal of a mineral exploration scheme under the licensing competence of a provincial-level People’s Committee shall be carried out within the time limit prescribed in Clause 4, Article 58 of this Decree, specifically as follows:

a/ Within 40 days after issuing a dossier receipt, the dossier-receiving agency shall send a mineral exploration scheme to experts for their opinions and organize the appraisal of the scheme. The time limit for experts to give their opinions is 10 days after receiving a request from the dossier-receiving agency.

In case a mineral exploration scheme has complicated contents, the dossier-receiving agency shall propose the provincial-level People’s Committee concerned to form a Technical Council to appraise the scheme. The time for formation and meeting of the Technical Council shall be included in the time limit for scheme appraisal;

b/ Within 5 days after receiving experts’ opinions, the dossier-receiving agency shall summarize and enclose them with the dossier to be submitted to the provincial-level People’s Committee;

c/ Within 10 days after receiving the dossier enclosed with experts’ opinions, the provincial-level People’s Committee shall decide to approve the scheme in order to grant a mineral exploration license or form an Appraisal Council when necessary.

When a mineral exploration scheme needs modification as proposed by the provincial-level People’s Committee or Appraisal Council, the dossier-receiving agency shall send a written notice stating the reason for disapproval of the scheme or to-be-modified contents of the scheme.

The time for an applicant for a mineral exploration license to modify or reformulate a mineral exploration scheme shall not be included in the time limit for scheme appraisal.

3. The Ministry of Natural Resources and Environment shall provide for the organizational structure and operation of the Appraisal Council.

Article 60. Order of carrying out the procedures for grant of mining licenses

1. The receipt of a dossier is prescribed as follows:

a/ An applicant for a mining license shall submit a dossier to the dossier-receiving agency;

b/ Within 5 days, the dossier-receiving agency shall check papers and documents in the dossier and, if these papers and documents satisfy the requirements prescribed in Clause 1, Article 59 of the Mineral Law and Clause 1, Article 51 of this Decree, issue a dossier receipt. If the dossier does not comprise all the papers and documents as prescribed or comprises all of them but their contents are incompliant with regulations, the dossier-receiving agency shall provide the applicant with a written guidance to complete the dossier. Such guidance shall be provided only once.

2. Appraisal of a dossier for grant of a mining license:

a/ Within 25 days after issuing a dossier receipt, the dossier-receiving agency shall complete the inspection of coordinates and area of the location where mining activities will be carried out and field inspection;

b/ Within 6 days after accomplishing the jobs specified at Point a of this Clause, the dossier-receiving agency shall send a written request to related agencies for opinions on the grant of a mining license as prescribed at Point c, Clause 2, Article 60 of the Mineral Law.

Within 20 days after receiving a written request for opinions from the dossier-receiving agency, the consulted agency shall give a written reply on relevant issues. Past this time limit, if giving no reply, the consulted agency shall be regarded as agreeing with the issues raised by the dossier-receiving agency. The time for collecting opinions of related agencies shall not be included in the time limit for dossier appraisal;

c/ Within 40 days, the dossier-receiving agency shall complete the appraisal of papers and documents and other issues relating to mining activities and determination of the charge for grant of the mining right.

3. The submission of a dossier for grant of a mining license is prescribed as follows:

a/ Within 5 days after accomplishing the jobs specified in Clause 2 of this Article, the dossier-receiving agency shall complete and submit a dossier for grant of a mining license to the licensing agency;

b/ Within 7 days after receiving a dossier from the dossier-receiving agency, the licensing agency shall decide to grant or not to grant a mining license, and issue a written reply stating the reason for its refusal to grant a license.

4. Notification of results of processing a dossier for grant of a mining license

Within 7 days after receiving a dossier from the licensing agency, the dossier-receiving agency shall notify results of dossier processing to the applicant for it/him/her to perform relevant obligations as prescribed. This time limit is exclusive of the time for the mining organization or individual to carry out the procedures for payment of the charge for grant of the mining right for the first time.

Article 61. Order of modification of mining licenses

1. The receipt of a dossier is prescribed as follows:

a/ An organization or individual that mines a certain kind of mineral shall submit a dossier requesting modification of the license for mining such kind of mineral to the dossier-receiving agency;

b/ Within 5 days, the dossier-receiving agency shall check papers and documents in the dossier and, if these papers and documents satisfy the requirements prescribed in Clause 2, Article 55 of this Decree, issue a dossier receipt. If the dossier does not comprise all the papers and documents as prescribed or comprises all of them but their contents are incompliant with regulations, the dossier-receiving agency shall provide the requester with a written guidance to complete the dossier. Such guidance shall be provided only once.

2. Appraisal of a dossier for modification of a mining license:

a/ Within 20 days after issuing a dossier receipt, the dossier-receiving agency shall complete checking the papers and documents in the dossier, including field inspection;

b/ If the modification is required due to a change in the mineral deposits permitted to be mined, leading to the determination and adjustment of the charge for grant of the mining right, the time for completing such determination and adjustment shall not be included in the time limit for dossier processing.

3. The submission of a dossier for modification of a mining license is prescribed as follows:

a/ Within 5 days after accomplishing the jobs specified in Clause 2 of this Article, the dossier-receiving agency shall complete and submit a dossier for modification of a mining license to the licensing agency;

b/ Within 7 days after receiving a dossier from the dossier-receiving agency, the licensing agency shall decide to modify or not to modify a mining license, and issue a written reply stating the reason for its refusal to modify a license.

4. Notification of results of processing of a dossier for modification of a mining license

Within 3 days after receiving a dossier from the licensing agency, the dossier-receiving agency shall notify results of dossier processing to the requester for modification of a mining license for it/him/her to perform relevant obligations under regulations.

Article 62. Order of carrying out the procedures for registration of areas, capacity, volumes, methods, equipment and plans of mining minerals for use as ordinary construction materials within areas of work construction projects

1. The receipt of a dossier is prescribed as follows:

a/ A registering organization or individual shall submit a dossier to the dossier-receiving agency;

b/ Within 5 days, the dossier-receiving agency shall check papers and documents in the dossier and, if these papers and documents satisfy the requirements prescribed in Article 53 of this Decree, issue a dossier receipt. If the dossier does not comprise all the papers and documents as prescribed or comprises all of them but their contents are incompliant with regulations, the dossier-receiving agency shall provide the registering organization or individual with a written guidance to complete the dossier. Such guidance shall be provided only once.

2. Appraisal of a dossier for registration of mining activities is prescribed as follows:

a/ Within 10 days after issuing a dossier receipt, the dossier-receiving agency shall complete the inspection of coordinates and area of the location where minerals will be mined and field inspection;

b/ Within 25 days, the dossier-receiving agency shall complete appraising papers and documents and other contents relating to mining activities and determination of the charge for grant of the mining right.

3. The submission of a dossier for registration of mining activities is prescribed as follows:

a/ Within 5 days after accomplishing the jobs specified in Clause 2 of this Article, the dossier-receiving agency shall complete and submit a registration dossier to the provincial-level People’s Committee of the locality where the work construction project or channel dredging project is implemented;

b/ Within 7 days after receiving a dossier, the provincial-level People’s Committee shall complete the registration, or issue a written reply stating the reason for refusal of registration.

4. Notification of results of processing a dossier for registration of mining activities

Within 5 days after receiving a dossier for registration of mining activities from the competent agency, the dossier-receiving agency shall notify results of the dossier processing to the registering organization or individual for it/him/her to perform relevant obligations as prescribed, and to district- and commune-level administrations for coordinated management and implementation supervision. This time limit is exclusive of the time for the mining organization or individual to carry out the procedures for payment of the charge for grant of the mining right.

Article 63. Order of carrying out the procedures to apply for a license to mine minerals in areas where work construction projects are implemented

1. The receipt of a dossier is prescribed as follows:

a/ An applicant for a mining license shall submit a dossier of application to the dossier-receiving agency;

b/ Within 5 days, the dossier-receiving agency shall check papers and documents in the dossier and, if these papers and documents satisfy the requirements prescribed in Article 54 of this Decree, issue a dossier receipt. If the dossier does not comprise all the papers and documents as prescribed or comprises all of them but their contents are incompliant with regulations, the dossier-receiving agency shall provide the applicant with a written guidance to complete the dossier. Such guidance shall be provided only once.

2. The appraisal of a dossier is prescribed as follows:

a/ Within 10 days after issuing a dossier receipt, the dossier-receiving agency shall complete the inspection of coordinates and area of the location where minerals will be mined and field inspection;

b/ Within 35 days, the dossier-receiving agency shall complete appraising papers and documents and other contents relating to mining activities and determination of the charge for grant of the mining right.

3. The submission of a dossier for grant of a mining license is prescribed as follows:

a/ Within 5 days after accomplishing the jobs specified in Clause 2 of this Article, the dossier-receiving agency shall complete and submit a dossier for grant of a mining license to the licensing agency;

b/ Within 7 days after receiving a dossier from the dossier-receiving agency, the licensing agency shall decide to grant or not to grant a mining license, and issue a written reply stating the reason for refusal to grant a license.

4. Notification of results of processing of a dossier for grant of a mining license

Within 10 days after receiving a dossier from the competent agency, the dossier-receiving agency shall notify dossier processing results to the applicant for a mining license for it/him/her to perform relevant obligations as prescribed. This time limit is exclusive of the time for the mining organization or individual to carry out the procedures for payment of the charge for grant of the mining right.

Article 64. Order of carrying out the procedures for grant of salvage mining licenses

1. The receipt of a dossier is prescribed as follows:

a/ An applicant for a salvage mining license shall submit a dossier of application to the dossier-receiving agency;

b/ Within 5 days, the dossier-receiving agency shall check papers and documents in the dossier and, if these papers and documents satisfy the requirements prescribed in Clause 1, Article 70 of the Mineral Law and Clause 1, Article 52 of this Decree, issue a dossier receipt.

If the dossier does not comprise all the papers and documents as prescribed or comprises all of them but their contents are incompliant with regulations, the dossier-receiving agency shall provide the applicant with a written guidance to complete the dossier. Such guidance shall be provided only once.

2. Appraisal of a dossier for grant of a salvage mining license is prescribed as follows:

a/ Within 5 days after issuing a dossier receipt, the dossier-receiving agency shall complete the inspection of coordinates and area of the location where salvage mining activities will be carried out and field inspection;

b/ Within 15 days, the dossier-receiving agency shall complete appraising papers and documents and other contents relating to the location where salvage mining activities will be carried out.

3. The submission of a dossier for grant of a salvage mining license is prescribed as follows:

a/ Within 2 days after accomplishing the jobs specified in Clause 2 of this Article, the dossier-receiving agency shall complete and submit a dossier for grant of a salvage mining license to the licensing agency;

b/ Within 5 days after receiving a dossier from the dossier-receiving agency, the licensing agency shall decide to grant or not to grant a salvage mining license, and issue a written reply stating the reason for refusal to grant a license.

4. Notification of results of processing of a dossier for grant of a salvage mining license:

Within 3 days after receiving a dossier for grant of a salvage mining license from the licensing agency, the dossier-receiving agency shall notify dossier processing results to the applicant for a salvage mining license for it/him/her to perform relevant obligations under regulations.

Article 65. Order of carrying out the procedures for extension, transfer, return of part of mineral exploration areas, return of mineral exploration licenses or mining licenses; or extension or return of salvage mining licenses

1. The receipt of a dossier is prescribed as follows:

a/ An organization or individual requesting extension, transfer, return of part of a mineral exploration area, return of a mineral exploration license or mining license; or extension or return of a salvage mining license shall submit a dossier to the dossier-receiving agency;

b/ Within 5 days, the dossier-receiving agency shall check papers and documents in the dossier and, if these papers and documents comply with regulations, issue a dossier receipt.

If the dossier does not comprise all the papers and documents as prescribed or comprises all of them but their contents are incompliant with regulations, the dossier-receiving agency shall provide the requester with a written guidance to complete the dossier. Such guidance shall be provided only once.

2. The appraisal of a dossier is prescribed as follows:

a/ Within 5 days after issuing a dossier receipt, the dossier-receiving agency shall complete the inspection of coordinates and area of the location for which the extension, transfer, return of part of the mineral exploration area, return of a mineral exploration license or mining license, or extension or return of a salvage mining license is requested; this time limit is 3 days for the case of request for extension or return of a salvage mining license, including the time for field inspection;

b/ Within 30 days, the dossier-receiving agency shall complete the appraisal of papers and documents and other contents relating to the extension, transfer, return of part of the mineral exploration area, or return of a mineral exploration license or mining license; this time limit is 5 days for the case of request for extension or return of a salvage mining license.

3. The submission of a dossier to the licensing agency:

a/ Within 2 days after accomplishing the jobs specified in Clause 2 of this Article, the dossier-receiving agency shall complete and submit a dossier to the licensing agency;

b/ Within 5 days after receiving a dossier from the dossier-receiving agency, the licensing agency shall decide to permit or not to permit the extension, transfer, return of part of the mineral exploration area, or return of a mineral exploration license or mining license; this time limit is 3 days for the case of request for extension or return of a salvage mining license. If giving no permission, the licensing agency shall issue a written reply stating the reason.

4. Notification of dossier processing results

Within 3 days after receiving a dossier from the licensing agency, the dossier-receiving agency shall notify dossier processing results to the requester for extension, transfer, return of part of the mineral exploration area, or return of a mineral exploration license or mining license; or within 2 days, for the case of request for extension or return of a salvage mining license.

Article 66. Order of carrying out the procedures for approval of mineral deposits

1. The receipt of a dossier is prescribed as follows:

a/ An organization or individual licensed to explore minerals shall submit a dossier requesting approval of mineral deposits to the dossier-receiving agency;

b/ Within 5 days, the dossier-receiving agency shall check papers and documents in the dossier and, if these papers and documents satisfy the requirements specified in Clause 1, Article 50 of the Mineral Law and Article 50 of this Decree, notify such to the requesting organization or individual for it/him/her to pay the appraisal charge for assessment of mineral deposits under regulations. The dossier-receiving agency shall issue a dossier receipt right after the organization or individual fulfills the charge payment obligation.

If the dossier does not comprise all the papers and documents as prescribed or comprises all of them but their contents are incompliant with regulations, the dossier-receiving agency shall provide the requester with a written guidance to complete the dossier. Such guidance shall be provided only once.

2. The checking of a report on mineral deposits is prescribed as follows:

a/ Within 30 days after issuing a dossier receipt, the dossier-receiving agency shall check all papers and documents in the report; conduct field inspection in the mineral exploration area and when deeming it necessary, inspect drilling core samples, ditches and wells;

b/ Within 60 days after completing the jobs specified at Point a of this Clause, the dossier-receiving agency shall send a report on mineral exploration results to experts to collect their opinions on relevant issues in the report. The time limit for experts to give their replies is 20 days after receiving a request from the dossier-receiving agency;

c/ Within 30 days after completing the jobs specified at Point b of this Clause, the dossier-receiving agency shall summarize experts’ opinions and prepare papers and documents for submission to the National Council for Assessment of Mineral Reserves or provincial-level People’s Committee for approval.

If the report is unsatisfactory for being submitted to the National Council for Assessment of Mineral Reserves or provincial-level People’s Committees for approval, the dossier-receiving agency shall issue a written notice stating the reason to the organization or individual requesting approval of mineral deposits to complete the report, together with written opinions of experts.

The time for the organization or individual to complete a report on mineral deposits shall not be included in the time limit for report appraisal.

3. The appraisal of a report on mineral exploration results and approval of mineral deposits in the report are prescribed as follows:

a/ Within 30 days after completing the jobs specified at Point c, Clause 2 of this Article, the Chairperson of the National Council for Assessment of Mineral Reserves shall hold a meeting of the Council; the provincial-level People’s Committee shall decide to form or not to form a Technical Advisory Council prescribed in Clause 3, Article 34 of this Decree;

b/ Within 10 days after conclusion of the meeting of the National Council for Assessment of Mineral Reserves or Technical Advisory Council, the dossier-receiving agency shall complete the meeting minutes. If the mineral exploration report needs supplementation or modification as proposed by the National Council for Assessment of Mineral Reserves, Technical Advisory Council or provincial-level People’s Committee, the dossier-receiving agency shall send a written notice stating to-be-modified contents together with the meeting minutes.

The time for the organization or individual requesting approval of mineral deposits to supplement or modify a mineral exploration report shall not be included in the time limit for report appraisal.

c/ Within 15 days after receiving a supplemented or modified report on mineral exploration results from the organization or individual requesting approval of mineral deposits, the dossier-receiving agency shall submit it to the agency competent to approve mineral deposits defined in Clause 1, Article 49 of the Mineral Law;

d/ Within 5 days after receiving a dossier for approval of mineral deposits from the dossier-receiving agency, the agency competent to approve mineral deposits shall issue a decision approving mineral deposits included in the report on mineral exploration results.

4. Notification of results of approval of mineral deposits

Within 5 days after receiving a dossier from the agency competent to approve mineral deposits, the dossier-receiving agency shall notify approval results to the organization or individual requesting approval of mineral deposits for it/him/her to perform other relevant obligations.

Article 67. Responsibilities of provincial-level People’s Committees for coordination in appraisal for licensing mineral activities

1. If an area where mineral activities are banned or temporarily banned is not yet approved under regulations, before licensing mineral activities, the Ministry of Natural Resources and Environment shall send a written request to the provincial-level People’s Committee of the locality where minerals exist for opinions about whether the area where mineral activities are expected to be licensed is related or not related to the area where mineral activities are banned or temporarily banned.

2. Within 30 days after receiving the request mentioned in Clause 1 of this Article, the provincial-level People’s Committee shall give a written reply to the Ministry of Natural Resources and Environment.

Chapter VI

AMENDMENT AND SUPPLEMENTATION OF PROVISIONS ON AUCTION OF THE MINING RIGHT; CHARGE FOR GRANT OF THE MINING RIGHT

Article 68. To amend and supplement a number of articles of the Government’s Decree No. 22/2012/ND-CP of March 26, 2012, on auction of the mining right, as follows:

1. To amend Clause 2, Article 3 as follows:

“2. An auction of the mining right may be held only when at least 2 bidders participate in the auction.”

2. To amend Clause 1, Article 6 as follows:

“1. Deposits shall be refunded to bidders within 2 days after the end of an auction, except the case specified in Clause 2 of this Article.”

3. To add the following Clause 4 to Article 15:

“4. The evaluation of an auction dossier regarding the criterion on equity of mining right bidders prescribed at Point dd, Clause 2, Article 15 is as follows:

a/ Based on the actual investment ratio applicable upon the exploration of a kind of to-be-auctioned mineral in an area where mineral exploration results are not yet available or actual investment ratio applicable upon the mining of a kind of to-be-auctioned mineral in an area where mineral exploration results are available in similar conditions, the Council for Auction of the Mining Right of the Ministry of Natural Resources and Environment or provincial-level People’s Committee shall decide on the cost estimate for the mineral exploration scheme or total investment capital of the mining investment project;

b/ The cost estimate for the mineral exploration scheme or total investment capital of the mining investment project prescribed at Point a, Clause 4 of this Article serves as a basis for the dossier-receiving agency to evaluate the criterion on equity of bidders of the mining right when selecting mining right bid dossiers prescribed in Clause 2, Article 19 of this Decree.”

4. To amend and supplement Point b, Clause 2, Article 16 as follows:

“b/ The originals or certified copies or copies enclosed with originals for comparison, of the business registration certificate or enterprise registration certificate; written introduction of capacity and experience in mineral exploration, mining and processing; and written introduction of financial capacity and fund raising capacity.”

Article 69. To amend and supplement a number of articles of the Government’s Decree No. 203/2013/ND-CP of November 28, 2013, on calculation methods and rates of the charge for grant of the mining right, as follows:

1. To add the following Clauses 3 and 4 to Article 2:

“3. Organizations or individuals mining minerals for use as ordinary construction materials that are not required to apply for a mining license under Point a, Clause 2, Article 64 of the Mineral Law; and organizations and individuals recovering sand from channel dredging projects.

4. Organizations and individuals mining minerals that recover associated minerals.”

2. To amend and supplement Article 4 as follows:

“Rates (R) of the charge for grant of the mining right shall be set for categories and kinds of minerals, which range from 1% to 5% as specified in Appendix II to this Decree.”

3. To amend and supplement provisions on deposits used for calculating the charge for grant of the mining right prescribed in Clause 2, Article 3, and Article 5, as follows:

“2. Deposits (Q) used for calculating the charge for grant of the mining right are the deposits specified in Clause 6, Article 2 of the Decree detailing a number of articles of the Mineral Law.”

“Q - Deposits used for calculating the charge for grant of the mining right are specified in Article 6 of this Decree; unit of calculation is m³, ton, kg or another unit as decided by the agency competent to approve mineral deposits.”

4. To amend and supplement Clause 3, Article 6 as follows:

“3. For licenses under which competent state agencies permit mining without requiring mineral exploration as prescribed in Article 65 of the Mineral Law or in case a mining license is not required under Point a, Clause 2, Article 64 of the Mineral Law, deposits used for calculating the charge for grant of the mining right must comply with Point c, Clause 1 of this Article.

In case of recovery and use of associated minerals or minerals in mines’ tailing sites under valid mining licenses, or recovery of sand and gravel from channel dredging projects, deposits used for calculating the charge for grant of the mining right shall be determined based on the volume of minerals actually recovered or used every year.”

5. To amend and supplement Article 7 as follows:

“Rates of the charge for grant of the mining right shall be determined by conversion from royalties calculation prices in accordance with the law on royalties at the time of calculation of such rates.

The Ministry of Natural Resources and Environment shall guide methods of conversion for calculating the charge for grant of the mining right.”

Chapter VII

IMPLEMENTATION PROVISIONS

Article 70. Transitional provisions

1. Master plans on geological basic surveys on minerals, and master plans on mineral exploration, mining, processing and use approved before the effective date of the Mineral Law shall be implemented until competent agencies approve and publicize mineral master plans prescribed in Clause 1, Article 10, and Article 11, of this Decree.

2. For dossiers of application for mining licenses received before the effective date of this Decree while deposits of solid minerals mined are less than 50% of the total deposits of minerals approved by a competent state agency, deposits used for calculating the charge for grant of the mining right shall be determined as equal to 50% of the approved total deposits of minerals. For mineral water, such deposits must equal 35% of the total flow approved by a competent state agency.

Article 71. Effect

1. Effect:

a/ This Decree takes effect on January 15, 2017;

b/ The Government’s Decree No. 15/2012/ND-CP of March 9, 2012, detailing and guiding a number of articles of the Mineral Law, ceases to be effective from the date this Decree takes effect.

2. To terminate the effect of the relevant provisions of Clause 2, Article 3; Clause 1, Article 6; and Point b, Clause 2, Article 16, of the Government’s Decree No. 22/2012/ND-CP of March 26, 2012, on auction of the mining right; and Clause 2, Article 3; Article 4; Clause 3, Article 6; Article 7; and Point b, Clause 2, Article 15, of the Government’s Decree No. 203/2013/ND-CP of November 28, 2013, on calculation methods and rates of the charge for grant of the mining right.

Article 72. Implementation responsibility

1. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with related ministries and sectors in, guiding the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* All appendices to this Decree are not translated