VietnameseResolution No. 103/NQ-CP dated December 22, 2011 of the Government on the promulgation of the government’s action program for materialization of the Political Bureau’s Resolution No. 02/NQ-Cp-TW of April 25, 2011, on strategic orientations for minerals and mining industry through 2020, with a vision toward 2030
ATTRIBUTE
Resolution No. 103/NQ-CP dated December 22, 2011 of the Government on the promulgation of the government’s action program for materialization of the Political Bureau’s Resolution No. 02/NQ-Cp-TW of April 25, 2011, on strategic orientations for minerals and mining industry through 2020, with a vision toward 2030
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 103/NQ-CP | Signer: | Nguyen Tan Dung |
| Type: | Resolution | Expiry date: | Updating |
| Issuing date: | 22/12/2011 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Industry , Policy , Natural Resources - Environment |
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THE GOVERNMENT ------- | THE SOCIALIST REPUBLIC OF VIETNAM Independence– Freedom – Happiness --------------- |
No. 103/NQ-CP | Hanoi, December 22, 2011 |
RESOLUTION
ON THE PROMULGATION OF THE GOVERNMENT’S ACTION PROGRAM FOR MATERIALIZATION OF THE POLITICAL BUREAU’S RESOLUTION NO. 02/NQ-TW OF APRIL 25, 2011, ON STRATEGIC ORIENTATIONS FOR MINERALS AND MINING INDUSTRY THROUGH 2020, WITH A VISION TOWARD 2030
THE GOVERNMENT
Pursuant to the December 25, 2011 Law on Organization of the Government;
Pursuant to the Political Bureau’s Resolution No. 02/NQ-TW of April 25, 2011, on strategic orientations for minerals and mining industry through 2020, with a vision toward 2030;
At the proposal of the Minister of Natural Resources and Environment,
RESOLVES:
Article 1. To promulgate together with this Resolution the Government’s action program for materialization of the Political Bureau’s Resolution No.02/NQ-TW of April 25, 2011, on strategic orientations for minerals and mining industry through 2020, with a vision toward 2030.
Article 2. This Resolution takes effect on the date of its signing.
Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Resolution.
ON BEHALF OF THE GOVERNMENT PRIME MINISTER Nguyen Tan Dung |
THE GOVERNMENT’S ACTION PROGRAM
FOR MATERIALIZATION OF THE POLITICAL BUREAU’S RESOLUTION NO. 02/NQ-TW OF APRIL 25, 2011, ON THE STRATEGIC ORIENTATIONS FOR MINERALS AND MINING INDUSTRY THROUGH 2020, WITH A VISION TOWARD 2030
(Promulgated together with the Government’s Resolution No. 103/NQ-CP of December 12, 2011)
(Promulgated together with the Government’s Resolution No. 103/NQ-CP of December 12, 2011)
I. OBJECTIVES
To identify major tasks of central and local state administrative agencies for materialization of the Political Bureau’s Resolution No. 02/NQ-TW of April 25, 2011, on strategic orientations for minerals and mining industry through 2020, with a vision toward 2030, aiming to boost the sustainable development of the country’s mining industry.
II. TASKS
1. Disseminating the law on minerals
To organize the dissemination and thorough study of the Political Bureau’s Resolution No. 02/NQ-TW and the mineral law among central and local state management agencies in charge of minerals; at the same time, to disseminate and educate about the mineral law to organizations and individuals involved in mineral activities as well as the people, aiming to quickly realize Resolution No. 02/NQ-TW and the 2010 Mineral Law.
2. Enhance the effect and effectiveness of the state management of minerals
a/ To perfect the legal system on minerals
- In the first quarter of 2012, to finalize the decree detailing the implementation of the Mineral Law; the decree on auction of mining rights; and the mineral strategy through 2020, with a vision toward 2030;
- In the second quarter of 2012, to finalize the decree providing the sanctioning of administrative violations in the field of minerals.
b/ To review, adjust, supplement and/or formulate master plans for baseline geological surveys of minerals in accordance with the 2010 Mineral Law;
c/ To review and evaluate the implementation of the approved mineral master plans. To amend, supplement, formulate and submit to the Prime Minister for approval mineral master plans in accordance with the 2010 Mineral Law;
d/ To organizationally consolidate central and local state management agencies in charge of minerals; to increase personnel and investment in physical foundations and equipment in order to raise the mineral state management capacity at all levels; to intensify inspection and examination of mineral activities; to strictly handle violators;
e/ To regularly monitor, supervise and evaluate the implementation of legal documents on minerals and their positive and negative impacts on socio- economic development, and propose amendments and supplementations thereto.
3. Renewing mineral-related mechanisms and policies
a/ Mechanisms and policies on investment in science and technology for baseline survey, exploration, exploitation and processing of minerals
- To encourage and prioritize the application of advanced technologies to the survey and exploitation of deep-lying and marine minerals, and the exploitation and processing of important minerals;
- To deploy the “technology renewal and modernization in the mining industry” research program;
- To promote foreign investment in mineral processing projects, particularly minerals requiring high technologies in association with environmental protection;
- To formulate preferential policies for enterprises investing overseas in the exploration and exploitation of minerals, aiming to supply minerals and mineral products for domestic industries;
- To formulate policies on training and employment of personnel satisfying the requirements of state management of minerals and baseline geological survey of minerals.
b/ Financial mechanisms and policies
- To concentrate state resources or baseline geological survey of minerals in the mainland, seas and islands of Vietnam;
- To develop mechanisms and policies on state budget investment and organizations’ and individuals’ investment in baseline geological survey of minerals. To adopt a mechanism of refunding of expenses for baseline geological survey and mineral exploration paid by the State from budget funds. To adopt a mechanism to attract all economic sectors at home to invest in baseline geological survey of minerals;
- To further renew financial policies applicable to mineral activities; to promptly and rationally adjust taxes, tax brackets, and tax, fee and charge tariffs related to mineral exploitation, processing and export with a view to increasing state budget revenues from important minerals, in order to harmonize the interests of the State, enterprises and local inhabitants in mining places; to refrain from exporting crude minerals. To support investment in the renewal of mining and processing technologies, aiming to economically use minerals; to improve, restore and protect the environment;
- Annually, localities shall draw up plans to include funds in local state budget estimates for the protection of untapped minerals.
c/ Policies on mineral reserve and export
- In 2012, to complete the zoning of areas banned or temporarily banned from mining; the zoning of areas not opened for auction of mining rights, and national mineral reserve areas;
- To forecast demands, evaluate domestic capacity and capability for mineral exploitation and processing according to planning periods in order to work out rational exploitation master plans and plans, mainly meeting domestic consumption demand in each period;
- To export only products processed from minerals of high economic value, with regard to minerals of large deposits;
- To review proposals for adjustment of exploitation outputs of some minerals toward prioritizing domestic consumption.
d/ Policies on protection of untapped minerals, maintenance of defense and security, preservation of landscape, historical and cultural relics and the environment
- To develop and finalize in 2012 mechanisms and policies to protect untapped minerals;
- To conduct a general assessment of and propose solutions to mitigate negative impacts of mining activities and mineral processing on the environment and living habitats.
4. Developing the mining industry
- To formulate and perform as scheduled the tasks to achieve the objectives of Resolution No. 02/NQ-TW, on baseline geological survey of minerals;
- To organize the realization, inspection and assessment of the implementation of mineral master plans;
- To plan and build consolidated mining and processing zones, creating products of high economic value, with regard to minerals of large deposits such as titanium, zirconium, bauxite, rare earth, chromite, apatite, lead, zinc, white limestone and glass sand. For other minerals, to plan and build processing plants suitable to the potential of each type of mineral.
III. ORGANIZATION OF IMPLEMENTATION
1. Based on the tasks defined in the action program and their respective assigned functions and tasks, ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial- level People’s Committees shall organize the implementation.
2. Ministers, heads of ministerial-level agencies, heads of government- attached agencies and chairpersons of provincial-level People’s Committees shall focus on their direction, intensify inspection and urge the implementation of this action program; and annually report thereon to the Prime Minister.
3. The Minister of Natural Resources and Environment shall base on his/her assigned functions, tasks and powers to monitor and urge the implementation by ministries, sectors and localities; periodically report on and propose to the Government and the Prime Minister necessary measures to ensure the effective and coordinated realization of the Program.-
ON BEHALF OF THE GOVERNMENT PRIME MINISTER Nguyen Tan Dung |
LIST
OF TASKS ACCOMPANYING THE GOVERNMENT’S ACTION PROGRAM FOR MATERIALIZATION OF THE POLITICAL BUREAU’S RESOLUTION NO.02/NQ-TW, ON THE STRATEGIC ORIENTATIONS FOR MINERALS AND MINING INDUSTRY THROUGH 2020, WITH A VISION TOWARD 2030
(Promulgated together with the Government’s action program in Resolution No. 103/NQ-CP of December 22, 2011)
(Promulgated together with the Government’s action program in Resolution No. 103/NQ-CP of December 22, 2011)
No | Description | Product, form of document | Implementing agencies | Coordinating agencies | Time of submission |
1 | Program on dissemination and education about mineral law, Resolution No. 02/NQ-TW Improvement of | Program, circular | Ministry of Natural Resources and Environment | Ministry of Justice, media agencies, Ministry of Industry and Trade, Ministry of Construction, provincial- level People’s Committees | 2012 and annually |
2 | Improvement of the legal system on minerals | Decree, decision, circular | Ministry of Natural Resources and Environment | Ministry of Justice, Ministry of Industry and Trade, Ministry of Construction, related ministries and sectors | 2011-2012 |
a | Decree detailing the implementation of the Mineral Law | Decree | First quarter, 2012 | ||
b | Decree providing the auction of mining rights | Decree | First quarter, 2012 | ||
c | Mineral strategy through 2020, with a vision toward 2030 | Decree | First quarter, 2012 | ||
d | Decree providing the sanctioning of administrative violations in the field of minerals | Decree | Second quarter, 2012 | ||
e | Supervision of the implementation of legal documents on minerals, and positive and negative impacts on socio- economic development, proposals for amendments and supplements thereto | Program | Ministry of Natural Resources and Environment | Ministry of Justice, Ministry of Industry and Trade, Ministry of Construction, related ministries and sectors | 2015 |
3 | Elaboration of a master plan on baseline geological survey of minerals | Decision | Ministry of Natural Resources and Environment | Ministry of Industry and Trade, Ministry of Construction | 2012 |
4 | Supplementation, adjustment or formulation of master plans on mineral exploration, exploitation, processing and use nationwide (including other minerals) | Decision | Ministry of Industry and Trade | Ministry of Natural Resources and Environment, Ministry of Construction, provincial- level People’s Committees | 2012- 2013 |
5 | Review, adjustment of standards on mineral export and import toward increasing processed contents to create added value for each type of mineral | Decision | Ministry of Industry and Trade, the Ministry of Construction | Ministry of Natural Resources and Environment | 2012-2013 |
6 | Supplementation, adjustment or formulation of master plans for minerals exploration, exploitation, processing and use for each type or group of minerals used as building materials nationwide | Decision | Ministry of Construction | Ministry of and Environment, Ministry of Industry and Trade | 2012 |
7 | Review and adjustment of royalty and mineral export duty toward in- depth processing and non-export of crude minerals | Decision | Ministry of Finance | Ministry of Natural Resources and Environment, Ministry of Industry and Trade, Ministry of Construction | 2012-2013 |
8 | Identification of criteria for and zoning of small and scattered mineral areas for handover to localities for management and licensing of exploration and exploitation | Project, Decision | Ministry of Natural Resources and Environment | Ministry of Industry and Trade, Ministry of Construction provincial- level People’s Committees | 2012 |
9 | Formulation of provincial-level master plans for mineral exploration, exploitation and use | Decision | Provincial- level People’s Committees | Ministry of Natural Resources and Environment; Ministry of Industry and Trade, Ministry of Construction | 2012 |
10 | Zoning of areas banned or temporarily banned from mining in each province or centrally run city | Task, Decision | Provincial- level People’s Committees | Ministry of Natural Resources and Environment, Ministry of Industry and Trade, Ministry of Construction | 2012 |
11 | Organizational consolidation of central and local state management agencies in charge of minerals | Task | Ministry of Home Affairs | Ministry of Natural Resources and Environment, Ministry of Industry and Trade, Ministry of Construction | 2012-2015 |
12 | Formulation of plans on high- level training of managers and science workers | Task | Ministry of Natural Resources and Environment | Ministry of Industry and Trade, Ministry of Construction, provincial- level People’s Committees | 2012-2020 |
13 | (charges, fees, other revenues, use of revenue sources and mechanism to encourage investment) related to mineral activities | Decision | Ministry of Finance | Ministry of Planning and Investment Ministry of Natural Resources and Environment, Ministry of Industry and Trade, Ministry of Construction | 2011-2015 |
14 | Zoning of areas of national minerals reserve for some types of important minerals | Project | Ministry of Natural Resource and Environment | Ministry of Industry and Trade, Ministry of Construction, Ministry of Planning and Investment, Ministry of Finance | 2012 |
15 | Zoning of areas not opened for auction of mining rights | Project | Ministry of Natural Resources and Environment | Ministry of Industry and Trade, Ministry of Construction, Ministry of Planning and Investment, Ministry of Finance | 2012 |
16 | Formulation of a project on enhancement of capability for mineral inspection and examination from central to local levels | Project | Ministry of Natural Resources and Environment | Ministry of Industry and Trade, Ministry of Construction, provincial- level People’s Committees | 2012 |
17 | Formulation of programs on research into and application of advanced technologies in mineral management, survey, exploration, exploitation and processing, and environmental protection | Projects | Ministry of Natural Resources and Environment, Ministry of Industry and Trade, Ministry of Construction | Ministry of Science and Technology, Ministry of Industry and Trade, Ministry of Construction, Ministry of Finance | 2012-2020 |
18 | Formulation of a master plan on development of building-material technology; use of new substitute materials, non- baked and environment- friendly materials (building, flooring and walling materials, construction glass) through 2025, with a vision toward 2030 | Decision | Ministry of Construction | Ministry of Natural Resources and Environment, Ministry of Science and Technology | 2012 |
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