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

RESOLUTION

On a specific mechanism for permitting the mining of coal in excess of the capacity specified in valid coal mining licences by up to 15% for assurance of national energy security^[1]

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

Pursuant to Law No. 64/2025/QH15 on Promulgation of Legal Documents, which has a number of articles amended and supplemented by Law No. 87/2025/QH15;

Pursuant to Law No. 54/2024/QH15 on Geology and Minerals, which has a number of articles amended and supplemented by Law No. 147/2025/QH15;

Pursuant to the Government’s Decree No. 78/2025/ND-CP, detailing a number of articles, and measures to organise and guide the implementation, of the Law on Promulgation of Legal Documents, which is 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 measures to implement, the Law on Geology and Minerals, which is 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 of July 2, 2025, detailing a number of articles of, and measures to implement, 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 of May 29, 2026, promulgating the Working Regulation of the Government;

At the proposal of the Minister of Agriculture and Environment in Documents No. 3637/TTr-BNNMT of April 15, 2026; No. 4895/TTr-BNNMT of May 15, 2026; and No. 5902/BC-BNNMT of June 6, 2026;

The Government promulgates the Resolution on a specific mechanism permitting the mining of coal in excess of the capacity specified in valid coal mining licences by up to 15% for assurance of national energy security.

Article 1. Scope of regulation and subjects of application

1. This Resolution provides a specific mechanism and fast-track procedures for permitting the mining of coal in excess of the capacity specified in valid coal mining licences in order to meet the urgent requirement for assurance of national energy security.

2. This Resolution applies to:

a/ Organisations and individuals possessing coal mining licences;

b/ Related state management agencies.

Article 2. Principles for application of the specific mechanism

1. To ensure national energy security in urgent circumstances and prevent disruptions to the supply of coal for power generation and foundational industries.

2. Mining in excess of the licensed capacity must not result in the extraction of coal beyond the reserves licensed by the competent authority, and the excessive mined output may only be supplied and used for power generation.

3. To ensure the strict management of mineral resources; to fully discharge financial obligations towards the State; to comply with the laws on environmental protection and occupational safety and health.

Article 3. Mechanism for mining in excess of the licensed capacity

1. Organisations and individuals may mine coal at a capacity not exceeding 15% of the capacity specified in their coal mining licences without having to carry out procedures for modifying such licences, provided that they fully satisfy the conditions specified in Article 4 of this Resolution.

2. Mining in excess of the licensed capacity may only be carried out after the completion of the registration procedures specified in Article 5 of this Resolution. The total volume of coal mined (including the excessive volume) must not exceed the coal reserves permitted to be mined and shall be monitored, supervised and periodically reported under regulations.

Article 4. Conditions for application

An organisation or individual may only apply the mechanism specified in Article 3 of this Resolution if fully satisfying the following conditions:

1. Possessing a valid mineral mining licence.

2. Having sufficient technical capacity and ensuring that its/his/her equipment and technology meet the increased mining capacity.

3. Ensuring occupational safety, mine safety and environmental protection.

4. Ensuring that the additionally mined coal volume falls within the reserves approved and licensed by the competent authority and may only be supplied and used for power generation.

Article 5. Procedures for registration and control

1. Before carrying out coal mining in excess of the licensed capacity as specified in Clause 1, Article 3 of this Resolution, an organisation or individual shall submit a registration form to the provincial-level People’s Committee of the locality where the mine is located and send a copy thereof to the Ministry of Agriculture and Environment for information and monitoring.

2. The registration form must include information on the mineral mining licence, the licensed reserves left as at the time of registration, the proposed level for excess of the licensed capacity, commentaries about technical, safety and environmental matters, address of the power plant consuming the coal volume mined in excess of the licensed capacity, and a commitment to taking responsibility before law for the registration contents and to supplying the coal volume mined in excess of the licensed capacity only for power generation.

3. Within 5 working days after receiving the registration form, the provincial-level People’s Committee of the locality where the mine is located shall issue its approval or disapproval in case the required conditions are not satisfied, and send a copy thereof to the Ministry of Agriculture and Environment for information.

Article 6. Supervision, reporting, and handling of violations

1. Organisations and individuals engaged in mineral mining shall:

a/ Periodically report on mined coal output under regulations;

b/ Fully comply with environmental and safety requirements during the mining process;

c/ Fully discharge the relevant financial, tax and charge obligations under regulations;

d/ Supply and use the coal volume mined in excess of the licensed capacity only for power generation.

2. The Ministry of Agriculture and Environment, provincial-level People’s Committees and related agencies shall organise the supervision and examination of the implementation of this Resolution and consider and handle violations in accordance with law.

3. In case of violating this Resolution, in addition to being required to suspend the increase in mining capacity, organisations and individuals may also be considered to have their mineral mining licences revoked and required to pay compensation for damage under regulations in case of serious violations.

Article 7. Organisation of implementation and effect

1. This Resolution takes effect on the date of its signing, and applies through December 31, 2027.

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

3. Organisation of implementation:

a/ Ministers, heads of ministerial-level agencies and Chairpersons of the People’s Committees of related provinces and cities shall implement this Resolution.

b/ The Ministry of Agriculture and Environment shall act as the focal-point agency assisting the Government and the Prime Minister in receiving, summarising and handling relevant issues; and assume the prime responsibility for, and coordinate with related ministries and sectors in, promptly monitoring, guiding and responding to queries with a view to resolving difficulties and obstacles arising during the implementation of this Resolution.

c/ The People’s Councils and People’s Committees of provinces and centrally run cities shall, within the ambit of their tasks and powers, organise and supervise the implementation of this Resolution in their localities.

d/ Ministries, ministerial-level agencies, other central agencies and local administrations shall uphold their responsibility, particularly the responsibility of heads, in leading and directing the organisation and implementation of the contents of this Resolution, ensuring publicity, transparency and effectiveness, and preventing policy profiteering, losses and waste.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
PHAM GIA TUC