Resolution 28/2026/NQ-CP special mechanism permitting extraction in excess of not more than 15% of licensed coal mining capacity

RESOLUTION

On a special mechanism permitting extraction in excess of the licensed capacity by not more than 15% under valid coal mineral mining licenses to ensure national energy security

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Promulgation of Legal Documents No. 64/2025/QH15, amended and supplemented under Law No. 87/2025/QH15;

Pursuant to the Law on Geology and Minerals No. 54/2024/QH15, amended and supplemented under Law No. 147/2025/QH15;

Pursuant to the Government’s Decree No. 78/2025/ND-CP detailing a number of articles of, and providing measures for the implementation and guidance of the Law on Promulgation of Legal Documents, amended and supplemented under Decree No. 187/2025/ND-CP;

Pursuant to the Government’s Decree No. 193/2025/ND-CP detailing a number of articles of, and providing measures for implementation of the Law on Geology and Minerals, amended and supplemented under Decree No. 21/2026/ND-CP;

Pursuant to the Government’s Decree No. 21/2026/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 193/2025/ND-CP dated July 02, 2025, detailing a number of articles of, and providing measures for implementation of the Law on Geology and Minerals, and detailing the Law Amending and Supplementing a Number of Articles of the Law on Geology and Minerals;

Pursuant to the Government’s Decree No. 191/2026/ND-CP dated May 29, 2026, promulgating the Working Regulations of the Government;

At the proposal of the Minister of Agriculture and Environment in Reports No. 3637/TTr-BNNMT dated April 15, 2026, No. 4895/TTr-BNNMT dated May 15, 2026, and No. 5902/BC-BNNMT dated June 06, 2026;

The Government hereby promulgates the Resolution on a special mechanism permitting extraction in excess of the licensed capacity by not more than 15% under valid coal mineral mining licenses to ensure national energy security.

Article 1. Scope of regulation and subjects of application

1. This Resolution provides a special mechanism and fast-track procedures permitting extraction in excess of the licensed capacity under valid coal mineral mining licenses in order to meet urgent requirements for ensuring national energy security.

2. This Resolution applies to:

a) Organizations and individuals granted coal mineral mining licenses;

b) Relevant state management agencies.

Article 2. Principles for application of the special mechanism

1. Ensuring national energy security in emergency situations and preventing disruption of coal supply for electricity generation and foundational industries.

2. Extraction in excess of the licensed capacity must not exceed the coal reserves licensed by the competent agency, and the excess output may only be supplied and used for electricity generation.

3. Ensuring strict management of mineral resources; full performance of financial obligations to the State; and compliance with the law on environmental protection, occupational safety, and occupational hygiene.

Article 3. Mechanism for extraction in excess of licensed capacity

1. Organizations and individuals may extract in excess of the capacity specified in coal mineral mining licenses by not more than 15% without being required to carry out procedures for modification of the mining license contents, provided that all conditions prescribed in Article 4 of this Resolution are fully satisfied.

2. Extraction in excess of the licensed capacity may only be carried out after completion of registration procedures under Article 5 of this Resolution. Total coal output extracted (including the portion extracted in excess of the licensed capacity) must not exceed the licensed coal reserves and shall be subject to monitoring, supervision, and periodic reporting in accordance with regulations.

Article 4. Application conditions

Organizations and individuals may apply the mechanism prescribed in Article 3 of this Resolution only when all of the following conditions are fully satisfied:

1. Possession of a valid mineral mining license.

2. Possession of adequate technical capacity and assurance that equipment and technology are capable of supporting the increased extraction capacity.

3. Assurance of occupational safety, mine safety, and environmental protection.

4. The additional coal output extracted must be within the reserves approved and licensed by the competent agency. Mineral output extracted in excess of the licensed capacity may only be supplied and used for electricity generation.

Article 5. Registration procedures and control

1. Before carrying out extraction in excess of the licensed capacity as prescribed in Clause 1 Article 3 of this Resolution, organizations and individuals shall submit a written registration to the provincial-level People's Committee where the mine is located and send a copy thereof to the Ministry of Agriculture and Environment for information and monitoring purposes.

2. The written registration shall include information on the mineral mining license, the remaining licensed reserves as of the time of registration, the proposed level of excess extraction capacity, explanations regarding technical, safety, and environmental aspects, the address of the power plant consuming the output extracted in excess of the licensed capacity, commitment to assume legal responsibility for the registered contents, and commitment that the output extracted in excess of the licensed capacity will be supplied solely for electricity generation.

3. Within 05 working days from the date of receipt of the written registration, the provincial-level People's Committee where the mine is located shall issue a written approval or disapproval in case where conditions are not satisfied, and shall send a copy thereof to the Ministry of Agriculture and Environment for information.

Article 6. Supervision, reporting, and handling of violations

1. Organizations and individuals conducting mineral extraction shall:

a) Periodically report coal extraction output as prescribed;

b) Fully comply with environmental and safety requirements during extraction operations;

c) Fully perform all relevant financial obligations, taxes, and fees as prescribed.

d) Output extracted in excess of the licensed capacity may only be supplied and used for electricity generation.

2. The Ministry of Agriculture and Environment, provincial-level People's Committees, and relevant agencies shall organize supervision and inspection of the implementation of this Resolution and shall consider and handle violations in accordance with law.

3. In case of violation of this Resolution, in addition to suspension of the increased extraction capacity, organizations and individuals may also be subject to revocation of mineral mining licenses and compensation for damages as prescribed where serious violations occur.

Article 7. Implementation organization and Effect

1. This Resolution takes effect from the date of its signing and shall remain applicable until the end of December 31, 2027.

2. Upon expiration of the period specified in Clause 1 of this Article, mineral extraction shall be carried out in accordance with the issued mineral mining licenses and applicable laws.

3. Implementation organization:

a) Ministers, heads of ministerial-level agencies, and chairpersons of People's Committees of relevant provinces and cities shall implement this Resolution.

b) The Ministry of Agriculture and Environment shall act as the focal point assisting the Government and the Prime Minister in receiving, consolidating, and handling related matters; and assume the prime responsibility for, and coordinate with relevant ministries and sectors, in promptly monitoring, providing guidance, and responding to inquiries in order to remove difficulties arising during the course of implementation of this Resolution.

c) People's Councils and People's Committees of provinces and centrally run cities shall organize implementation of this Resolution within their respective localities and within the ambit of their duties and powers, and supervise the implementation of this Resolution.

d) Ministries, ministerial-level agencies, other central agencies, and local administrations shall uphold accountability, particularly the accountability of heads, in leading and directing the implementation of this Resolution, ensuring openness, transparency, and effectiveness, and preventing policy abuse, losses, and waste.