Decree No. 67/2019/ND-CP the method of calculation and rates of the fee for grant of the mining right

DECREE

Prescribing the method of calculation and rates of the fee for grant of the mining right^[1]

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

Pursuant to the November 17, 2010 Mineral Law;

Pursuant to the June 25, 2015 Law on the State Budget;

Pursuant to the November 29, 2006 Law on Tax Administration, and the November 20, 2012 Law Amending and Supplementing a Number of Articles of the Law on Tax Administration;  

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

The Government promulgates the Decree prescribing the method of calculation and rates of the fee for grant of the mining right.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details:

/right.

2. Method of collection and regime of management and use of collected fee amounts for grant of the mining right.

Article 2. Subjects of application

1. State agencies involved in the determination, collection and payment of the fee for grant of the mining right.

2. Organizations and individuals that have the mining right which is not subject to auction.

Article 3. Interpretation of terms

In this Decree, mineral deposits permitted to be included in mining designs means part or the whole of mineral deposits in an explored area approved or certified by a competent state agency.

Chapter II

RATES AND METHOD OF CALCULATION OF THE FEE FOR GRANT OF THE MINING RIGHT

Article 4. Rates of the fee for grant of the mining right

Rates of the fee for grant of the mining right (R) are prescribed in percentages (%) of the value of crude ores of a mineral area permitted for mining. Fee rates for all mineral groups and types are specified in Appendix I to this Circular.

Article 5. Bases for calculation of the fee for grant of the mining right

The fee for grant of the mining right shall be calculated according to the following formula:

T = Q x G x K₁ x K₂ x R 

In which:

T means the fee for grant of the mining right calculated in Vietnam dong;

Q means mineral deposit for which the fee for grant of the mining right is are calculated as specified in Article 6 of this Decree; the unit of calculation is m³, ton, kg or another unit as decided by the agency competent to approve the mineral deposit;

G means the price for calculation of the fee for grant of the mining right which is the value of a mined crude ore unit determined on the basis of the royalty tax calculation price as prescribed by the royalty tax law at the time of calculation of the fee for grant of the mining right and specified in Article 7 of this Decree; the unit of calculation is VND/deposit unit;

K₁ means a mineral recovery coefficient related to the prescribed mining method: For surface mining, K₁ = 0.9; pit mining, K₁ = 0.6; or exploitation of mineral water, natural thermal water and other cases, K₁ = 1;