Decision 333/QD-TTg 2024 Plan to implement the Master plan on mineral exploration, mining, processing and use for 2021-2030

PLAN

To implement the Master plan on mineral exploration, mining, processing and use for the 2021-2030 period, with a vision toward 2050

(Issued together with Decision No. 333/QD-TTg dated April 23, 2024 of the Prime Minister)

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I. OBJECTIVES AND REQUIREMENTS

1. Objectives

- To effectively implement Decision No. 866/QD-TTg dated July 18, 2023 of the Prime Minister on approving the Master plan on mineral exploration, mining, processing and use for the 2021-2030 period, with a vision toward 2050 (the Mineral Master plan ), develop a roadmap to organize and effectively implement programs and projects to fulfill objectives, tasks and solutions specified in the Master plan.

- To specify progress, implementation steps and resources for implementing programs and projects to develop policies and solutions to attract social resources in implementing the Master Plan.

- To assign specific responsibilities to ministries, branches and localities, especially in handling or reporting to competent authorities to resolve problems related to mechanisms and policies during the implementation of the Master plan.

- To conduct research with focus on addressing difficulties and obstacles to carry out urgent and important works and projects in priority groups such as: National defense and security works, infrastructure works, traffic works, etc. especially public investment projects, projects mobilized from social resources, projects to renovate and upgrade infrastructure for local socio-economic development.

2. Requirements

- The Plan to implement the Mineral Master plan must ensure feasibility and effectiveness; comply with and inherit from approved Resolutions, strategies, action programs, sectoral master plans and implementation plans of relevant sectoral master plans;

- To ensure feasibility and flexibility in implementing projects in each period, in accordance with the national context and resources.

- To demonstrate the assignment and close coordination between relevant agencies during the implementation of the Mineral Master plan.

II. CONTENTS OF THE PLAN

The Plan to implement the Mineral Master plan is developed based on regulations of Article 45 of the Planning Law, including the following major contents:

1. Public investment projects

None.

2. Investment projects using other funding sources other than public investment funds

a) In 10-year planning period (2021-2030): to prioritize new investment projects processing minerals with large, strategic and important reserves (bauxite, titanium, rare earths, chromite, nickel), including: Aluminum electrolysis projects; alumina production projects; Pigment (titanium dioxide) production project; chromite ore separation and mineral recovery projects; non-ferrous metal refining projects; nickel compound processing projects; Type II apatite ore beneficiation projects; rare earth ore processing projects (hydrometallurgy - extraction).

b) In the forecasted planning period (2030-2050): to prioritize new large-scale, strategic and important investment projects such as: Aluminum electrolysis projects; porous titanium/metallic titanium smelting projects; hydrometallurgy and rare earth extraction projects; nickel/nickel metal compound processing projects.

3. Land use plans

a) Pursuant to provisions in Clause 3, Article 47 of the Planning Law, land use plans to implement national master plans (including national sectoral master plans) shall be developed by the Ministry of Natural Resources and Environment in coordination with ministries, ministerial-level agencies, and provincial-level People’s Committees to submit to competent authorities for promulgation, in which, the principles for developing land use plans for mineral mining projects shall be as follows:

- To implement mineral mining projects with the aim of promptly returning land funds to localities to implement other socio-economic development projects, minimizing the impact of mineral areas on the local land use plan.

- To adjust land use plans and implementation progress of mineral exploration and mining projects when proposed by the Provincial-level People’s Committee for some mineral areas with exclusive features: Large reserves , wide distribution area, mined by open pit method with a depth of mining smaller than that of bauxite, titanium, etc. on the principle of protecting and developing public assets, ensuring the recovery and protection of mineral resources to carry out urgent and important projects and works, especially public investment projects; technical infrastructure projects for national and public interests as specified in Article 62 of the 2013 Land Law; projects mobilized from social resources, projects to renovate and upgrade infrastructure for local socio-economic development in accordance with regulations in Article 26, Article 28 of the Mineral Law, the Planning Law and relevant legal regulations.

b) The estimated total land use demand to implement the Mineral Master plan for the period 2021-2030 shall be about 190,000 hectares and about 305,000 hectares for the period 2031-2050 (excluding projects that have been licensed to exploit before the date on which this Decision is approved). Land use demands shall be calculated in accordance with the National Assembly’s Resolution No. 39/2021/QH15 dated November 13, 2021 on National Master plan on Land use for the 2021-2030 period, vision toward 2050, the National land use plan for the 05-year period, from 2021 to 2025.

4. Solutions and resources to implement the Master plan

Solutions need to be conducted synchronously to well implement the Mineral Master plan, specifically as follows:

a) Solutions on legislation and policies

- To continue to review, amend, supplement and complete State mechanisms, policies and laws on minerals to overcome shortcomings and limitations and create favorable conditions for enterprises to invest in mining and mineral processing projects, enhancing the role and responsibility of state management from central to local levels and enterprises.

- To supplement regulations on State management of technology, equipment and people during the process of mineral mining and processing to the draft Law on Geology and Minerals.

- To research and amend land policies and related laws in the direction that the mineral mining land area shall be returned immediately after completing the post-mining environmental rehabilitation and restoration work or if there are other socio-economic development projects integrated in the environmental improvement and restoration work of such mineral mining projects in accordance with the land use master plan approved by competent authorities, to increase land use efficiency in line with the circular economy model and the characteristics of each type of mineral.

- To research and set out proposals to improve investment efficiency, including cooperation with foreign partners who are experienced, have capital sources and markets from exploration, mining to processing and have consumer market for with some mineral processing products for which Vietnamese enterprises have difficulty in finding partners.

- To complete and supplement legal policies to create conditions for exploration and mining projects associated with mineral processing projects. To strictly control exploration and mining activities in compliance with legal policies on minerals and environment, ensure labor safety.

- For minerals with large, strategic and important reserves such as bauxite, titanium, rare earths, chromite, nickel, copper, gold, mineral mining licenses shall only be granted to enterprises which are competent, have a deep processing projects that have been/are being/will be invested in advanced technology, modern equipment for sustainable environmental protection, associated with the orientation of using raw materials from mines, maximizing recovery of major minerals and associated minerals.

- Mineral mining and processing: Encourage the accumulation of resources from small-scale mines/mining sites into mines/mine clusters large enough for synchronous investment in mineral exploration, mining and processing, application of modern technology.

- To develop policies to support enterprises when conducting business restructure.

- To develop reasonable policies for people whose residential and production land has been recovered for mineral and mineral processing activities.

- Resource management:

+ To improve the quality of investigation, exploration and assessment of reserve resources.

+ To fully and transparently collect statistics on mining, processing, and resource loss, and soon develop a mineral resource database and share such information for resource planning and management.

+ To prioritize mining licensing to meet raw material sources for deep processing projects that have been/are being/will be invested in with the orientation of using raw materials from the mine, in line with general master plans and socio-economic development master plans of such region and locality. Currently exploiting mines shall be given priority for exploration and mining and expansion both on the surface and in depth to improve investment efficiency.

- State management:

+ To strengthen coordination between the Ministry of Natural Resources and Environment, the Ministry of Industry and Trade and Provincial-level People’s Committees in licensing mineral activities, providing information on the situation of mining and processing post-licensing.

+ For a number of large-scale and strategic minerals and mineral mines such as bauxite, titanium, rare earths, nickel, copper, gold, and chromite, before licensing mineral exploration and mining, the agency in charge of licensing mineral activities shall be responsible for consulting with state management agencies in charge of master plan, mining, and processing on the conformity with master plans, the supply and demand situation.

+ For mineral processing projects, before licensing, the investment registration issuing agency shall consult with the agency in charge of managing the mineral master plan on the suitability with the master plan and suitability of technology, equipment, and post-processed products, the supply of mineral raw materials for processing.

+ Deep processing project owners shall be selected in accordance with provisions of the Law on Investment, Law on Bidding and relevant laws, and shall be licensed to exploit and explore mines according to the approved Master Plan or Resolution/Decision of the Political Bureau, National Assembly, Prime Minister (if any).

+ The delimitation of areas not subject to auction of the mining right for mines which provide raw material sources for mineral deep processing plant projects specified in the approved Mineral Master plan shall be implemented in accordance with the current law regulations to encourage and ensure investment efficiency.

+ For works and investment projects for national and public interests specified in Article 62 of the 2013 Land Law, which meet the criteria specified in Clause 2, Article 26 and Article 65 of the Mineral Law as areas delineated as a banned or temporarily banned from mineral activities but have not been updated and excluded in the Mineral Master plan shall be allowed to be implemented in accordance with law provision.

+ To publicly announce the boundary coordinates of master plan projects, strengthen inspection and examination, mining and processing activities to protect mine boundaries and newly discovered mine sites and national mineral resource reserve areas in accordance with the Mineral Law and the Law on Public Property Management.

+ To restructure small-scale enterprises, using limited resources, outdated technology, causing high resource loss and environmental pollution; mining not associated with the user to form enterprises with a large enough scale, concentrated mining and processing with advanced technology, ensuring labor safety and environmental friendliness in forms of mergers, joint ventures, associations, and transfers of mineral operating licenses.

b) Solutions in terms of finance and investment

- Finance: To review and promptly adjust reasonable taxes, fees and charges, ensuring the harmony of interests between the State, enterprises and local people where the minerals are exploited.

- Investment: To promote internal resources and encourage capable domestic enterprises to play a key role in the exploration, mining and processing of strategic minerals of a large scale. To diversify investment capital sources through capital contribution, shares, joint ventures and other credit sources

c) Solutions in terms of science, technology and environment

- To promote investment in scientific research to complete and promulgate a system of national technical regulations, standards, and technical regulations to improve management, exploration, mining, processing and use of minerals.

- To research and propose solutions, promote investment in technological innovation, using advanced and modern equipment and technology in mining, sorting and processing minerals to save resources and energy, promote economic efficiency, ensure labor safety and environmental protection.

- To step up scientific research in exploiting, sorting, processing and use of minerals in order to maximize the recovery of minerals and associated minerals to provide raw materials for other industries and serve the fields of economy.

- To prioritize science and technology capital to research and apply technology to effectively process mineral resources, recover useful minerals, utilize tailings waste and protect the environment at waste dumps and tailing lakes.

- For the exploration and mining of minerals, it is necessary to promote specific mineral exploration techniques in the direction of the best possible technology and technique in Vietnam, ensuring conformity with local realities, effectiveness in pollution prevention and control, and minimization of adverse impacts on the environment and ecosystems

- For the processing and use of minerals, it is necessary to focus on applying advanced science and technology in the process of operating in the direction of circular economy, green economy and low-carbon economy. Focus on developing scientific research, innovating environmentally friendly technologies in order to efficiently process mineral resources, save energy and reduce waste.

d) Solutions in terms of propaganda and awareness raising

- To promote propaganda and dissemination of guidelines, policies and laws on minerals, publicize the master plan of all kinds of minerals.

- To raise awareness of the role and Mineral Law; strengthen the community's supervision over mineral activities in the area; ensure publicity and transparency of revenues and use of revenues of the mineral enterprises.

dd) Media agencies shall coordinate with ministries, branches and People's Committees of provinces with mineral activities, especially sensitive minerals such as bauxite, iron, etc. to promptly provide information to ensure objectivity, honesty, and prevent inciting, manipulating, and distorting activities of reactionary organizations aimed at sabotaging the policies of the Party and State of Vietnam.

e) Solutions in terms of training and capacity building

- To focus on investing in renovation and modernization of training and research equipment for educational institutions, specialized research institutions, and key laboratories, improving the capacity and quality of scientific research with support from the socialization and state budget.

- To strengthen cooperation between domestic universities, scientific research institutions, and laboratories with international training institutions and research institutions to train PhD students, graduate students, experts and skilled workers; provide high quality training, research and laboratory equipment.

- To enhance the leading role of research institutes and universities in order to promote scientific and technological research, environmental protection, application in mineral exploration, mining and processing activities, training human resources to meet the requirements of applying advanced, environmentally-friendly science and technology.

g) Solutions in terms of international cooperation

- To promote scientific and technical cooperation, technology transfer in exploration, mining, processing and use, environmental protection, occupational safety and information technology application in management and administration of mineral resources, monitoring, forecasting, environmental management, automatic control to improve efficiency, reduce resource loss, improve labor productivity, product quality and ensure the environment protection.

- To carry out the cooperation and investment in mineral mining and processing projects that require high technology and advanced and modern equipment, environment protection and product consumption market. To limit the cooperation, joint venture, association, sale of shares to the foreign investors for the mineral mining and sorting projects.

h) Solutions in terms of capital mobilization

The investment capital for projects of exploration, mining and processing of minerals, in addition to a part of the State budget, shall be mainly secured by the enterprises with their own capital, commercial loans (mainly) on the financial market, capital mobilized from other sources such as the stock market, etc. specifically:

- The State budget

+ To invest capital for the schemes on investigation and assessment of potential mineral resources; exploration for some toxic and radioactive minerals.

 + To prepare, adjust, develop and manage data on mineral master plan.

+ To supply financial support for scientific research activities, application of mineral sorting and processing technologies in order to use synthetically, economically and effectively non-renewable mineral resources in accordance with the National Key Science and Technology Program for renewal and modernization of mineral mining and processing technologies approved by the Prime Minister.

+ To develop and implement science and technology programs related to mineral mining and processing (in addition to the National Key Science and Technology Program for innovation and modernization of mineral mining and processing technology approved by the Prime Minister).

- To mobilize capital in the international market: For a number of special projects with large scale, modern technology, pilot investment in deep processing as a premise for synchronous development of production chain and sustainable development of large-scale natural resources, the Government will consider supporting enterprises through loan guarantees in accordance with the law.

- To mobilize other capital sources: Mobilize capital from organizations, individuals, domestic and foreign enterprises in compliance with the provisions of law.

Details of capitals for exploration, mining and processing of minerals are specified in Appendix V issued together with Decision No. 866/QD-TTg.

i) Solutions on human resources

- To develop a plan to recruit and train human resources in line with industry requirements and development progress of mineral mining and processing projects, especially skilled technical personnel in charge of operation of mineral mining and processing machine and equipment with advanced technology level, access to new technology

- To focus on recruiting and training local workers, especially in mountainous areas with difficult and extremely difficult socio-economic conditions.

- To adopt policies to attract high-quality human resources, and give preferential remuneration to mining workers, especially underground mining workers.

- To focus on caring for the material and spiritual life of workers.

- To connect mines with domestic and international training institutions, adopt policies on recruitment and training to improve skills, bridge program training or send abroad for training for high-quality labor force, attached to the profession.

- For cadres, civil servants and public employees in charge of managing minerals and metallurgy, it is necessary to recruit and arrange people with expertise and experience in practice; support and update knowledge of the laws on natural resources and environment and the related laws. In particular, it is necessary to strengthen the cadres, civil servants and public employees in the locality

5. Implementation organization

Ministries and branches shall make plans to implement their assigned tasks as specified in Article 2 of Decision No. 866/QD-TTg. At the same time, based on the above plans, mechanisms, policies, and implementation solutions and based on the functions and tasks of ministries, branches and localities, ministries, branches and localities shall be assigned tasks as follows:

a) The Ministry of Industry and Trade shall

- Take full responsibility before the law and before the Prime Minister for the contents of proposals and recommendations for approval of the Mineral Master plan, in which the content of the Plan must closely follow the goals of the Mineral Master plan having been approved, and must satisfy the overall requirements, must be optimal, effective, in accordance with the law, and the implementation of the Plan must ensure feasibility and effectiveness.

- Organize the announcement of the master plan, propagate and disseminate the master plan’s contents, provide information about the Mineral Master plan to organizations and individuals to engage in supervising the implementation of the master plan (granting licenses for exploration and mining; exploration, mining, processing and trading of minerals) that has been approved.

- Assume the prime responsibility for, and coordinate with ministries and branches to organize and implement the Plan effectively and in compliance with the provisions of the Planning Law and relevant laws, ensuring feasibility and effectiveness. For projects whose investment policies have been approved or whose investment polices have been decided but if they are under inspection, examination, investigation, audit, or judgment enforcement (if any), such projects can only resume their implementation after fully executing all conclusions of inspection, examination, audit, investigation and judgment enforcement (if any) and must be approved by competent authorities in accordance with law provisions.

- Assess the implementation of the Mineral Master plan and report to the Prime Minister on an annual, 5-year or irregular basis as prescribed in Clause 2, Article 49, Article 50 of the Planning Law and Decree No. 37/2019 /ND-CP dated May 7, 2019. Base on the assessment report on master plan implementation to submit to the Prime Minister for consideration and approval of the policy of adjusting the Mineral Master plan (if necessary) to adapt to the actual situations and conditions.

- Prepare and send reports on planning activities to the Ministry of Planning and Investment before October 31 every year for synthesis and reporting to the Government.

- Organize a review of the Mineral Master plan and report to the Prime Minister every 5 years; submit to the Prime Minister for consideration and approval of the policy of adjusting the Mineral Master plan (if necessary) to adapt to the socio-economic development situation in each period.

- Assume the prime responsibility for, and coordinate with relevant agencies to edit and update relevant contents during the implementation of Decision No. 866/QD-TTg; ensure that the overall goals and orientation of the Master plan are not changed; synthesize and report to the Prime Minister on the results of revising and updating the Master plan during the process of periodically reviewing the Mineral Master plan.

- Coordinate with the Ministry of Natural Resources and Environment and People's Committees of relevant provinces in licensing mineral activities, with priority given to licensing mineral mining associated with investment projects in deep processing plants to maximize mineral resources recovery.

- Coordinate with the Ministry of Natural Resources and Environment, the agency in charge of developing the Law on Geology and Minerals (the amended Mineral Law), the Decree amending and supplementing Decree No. 158/2016/ND-CP to report to competent authorities to consider adjusting, amending and supplementing legal documents in the direction of creating favorable conditions for localities to implement socio-economic development projects.

- Assume the prime responsibility for, and coordinate with relevant ministries, ministerial-level agencies and People's Committees of provinces where there are minerals to organize inspection and examination of the implementation of the Mineral Master plan.

b) The Ministry of Planning and Investment shall

Assume the prime responsibility for, and coordinate with relevant agencies to report to competent authorities to consider adjusting, amending and supplementing relevant legal documents (the Planning Law, the Decree guiding implementation of the Planning Law) in the direction of creating favorable conditions for localities to implement socio-economic development projects; adjust plans in a flexible way to adapt to the actual situation and conditions in each period.

c) The Ministry of Construction shall

- Assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade to review, amend, supplement and complete relevant legal documents in construction investment, management and maintenance of mineral works; complete the system of standards, regulations, and economic-technical norms in the mining sector to speed up investment and construction progress and improve project quality.

- Coordinate with the Ministry of Industry and Trade, Ministry of Natural Resources and Environment in the process of planning management and granting mineral activity licenses for interfacial minerals (marble, quartz, quartzite, white sand Comes with titanium, etc.) between approved Mineral Master plans.

d) The Ministry of Natural Resources and Environment shall

- Assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, and provincial-level People's Committees to submit to competent authorities to promulgate land use plans to implement national master plans; conduct environmental impact assessment; develop policy framework on compensation, support, and resettlement to implement the Mineral Master plan.

- Assume the prime responsibility for, and coordinate with relevant agencies in accordance with their competence to issue guiding documents to remove obstacles in state management of minerals as prescribed by law. For problems that arise and exceed their competence, the Ministry of Natural Resources and Environment shall propose solutions, report, and consult with the Prime Minister.

- Assume the prime responsibility for, and coordinate with relevant agencies to report to competent authorities to consider adjusting, amending, supplementing, and promulgating relevant legal documents (the Law on Geology and Minerals, the Land Law and documents guiding the implementation of Laws) in accordance with their competence, in the direction of strengthening state management of technology, equipment and human resources in the process of mineral mining and processing, creating favorable conditions for localities to implement socio-economic development projects, improve land use efficiency, reduce environmental rehabilitation and restoration costs, and contribute to improving the efficiency of post-mining projects, implement the green economic model, circular economy, in accordance with Resolution No. 10-NQ/TW dated February 10, 2022 of the Political Bureau on the principle of "encouraging the use of post-mining land for many different socio-economic development purposes.

- Assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade and provincial-level People's Committees to consider and decide on the forms of restriction, prohibition or temporary prohibition of mineral activities for mineral areas with exclusive features: Large reserves, wide distribution area, mined by open-pit method with a depth of mining smaller than that of bauxite, titanium, etc. on the principle of protecting and developing public properties, ensuring recovery and protection of mineral resources to implement urgent and important projects and works, especially public investment projects; technical infrastructure projects for national and public interests as specified in Article 62 of the 2013 Land Law; projects mobilized from social resources, projects to renovate and upgrade infrastructure for local socio-economic development on the basis of applying provisions in Article 26, Article 28 of the Mineral Law, the Planning Law and relevant legal regulations.

- Assume the prime responsibility for, and coordinate with the People's Committee of provinces where there are minerals to develop a plan to accurately delineate the corner coordinates of the areas to be licensed to minimize the land area affected by the mining projects, ensuring to be within the corner coordinates of the planned mineral area and at the same time identify and eliminate areas that do not contain minerals, have unconcentrated and scattered mineral reserves, or with low reserve (where mining is not economically beneficial). Localities shall be allowed to change the land use purposes and implement other socio-economic development projects on the area without minerals in the same planned area.

- Direct and coordinate with the People's Committee of provinces to review and eliminate areas that have been delineated as banned or temporarily banned areas for mineral activities but have not been updated in the Mineral Master plan during the licensing process for mineral activities so that such provincial-level People’s Committee shall implement works and investment projects for national and public interest as specified in Article 62 of the 2013 Land Law, meeting the criteria in Clause 2, Article 26 and Article 65 of the Mineral Law at areas where mineral activities are banned or temporarily banned in accordance with law provisions.

dd) The Ministry of Science and Technology shall

- Assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade to organize research and testing of new technologies, new equipment, new materials in the field of mineral exploration, mining and processing.

- Assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade to manage technology transfer activities, manufacturing equipment for mineral mining and processing; apply advanced technology, mechanization, automatic control, synchronization of equipment, improve productivity and quality of mineral mining and processing.

- Focus on investing in scientific research to complete and promulgate a system of national technical regulations, standards, technical regulations, and improve the efficiency of management, exploration, and mining, processing and use of minerals.

- Consolidate, develop and enhance the scientific and technological capacity of organizations in the sector, meeting the needs of research, basic geological exploration of minerals, environmental geology, and development of network of science and technology organizations in the field capable of international integration and closely linked with education - training, production - trading. Improve the quality and efficiency of scientific and technological activities, promote international cooperation, acquire and apply new and modern technologies, scientific and technical advances in the world.

e) The Ministry of Agriculture and Rural Development shall

Assume the prime responsibility for, and coordinate with relevant ministries, branches and localities to appraise documents for changing forest use purposes and submit them to competent authorities for consideration and decision in accordance with law regulations for projects in the master plan that require changing forest use purposes.

g) The Ministry of Labor, Invalids and Social Affairs; Ministry of Education and Training shall

Coordinate with the Ministry of Industry and Trade to develop and innovate training programs to satisfy human resource development needs; create job opportunities, ensure minimum income, and reduce poverty sustainably.

h) The Ministry of Finance shall

- Assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade, Ministry of Natural Resources and Environment in researching and proposing policies on taxes and fees in line with the specific characteristics of the mineral mining, processing and use sector; strengthen the management of financial revenues, ensure correct and sufficient revenues for mineral activities in general and for mineral as prescribed by the Master plan in particular.

- Allocate capital sources for projects and research topics and schemes for mineral mining, processing and use sector.

i) People's Committees of centrally-run cities and provinces shall

- People's Committees at all levels shall, within the scope of their duties and powers, organize and implement state management of minerals in accordance with provisions of law in their localities; strictly manage the land fund for the Mineral Master plan; develop and adjust land use plans for mineral activities according to the schedule of the Master plan.

- Review master plans and projects in their locality to manage them properly according to their competence, avoid overlap in management between local socio-economic development master plans, strategies, plans and the Mineral Master plan.

- Timely reflect shortcomings and problems and propose appropriate solutions during the implementation of the Mineral Master plan in the locality under their management.

Timely reflect inadequacies in the process of implementing the Mineral Master plan in the locality under their management.

- Speed up the selection of investors to exploit and process minerals to soon deploy mining and return land funds to localities to implement socio-economic development projects of the province.

- Proactively review and report to competent authorities for guidance on contents related to plans on protection, collection and storage of minerals which are recovered but not used during the construction of investment projects in accordance with law regulations.

- Proactively review, report and coordinate with competent authorities in considering and deciding on forms of restriction, ban or temporary ban on mineral activities for mineral areas with exclusive features: Large reserves, wide distribution area, mined by open pit method with a depth of mining smaller than that of bauxite, titanium, etc. on the principle of protecting and developing public properties, ensuring recovery and protection of mineral resources to carry out urgent and important projects and works, especially public investment projects; technical infrastructure projects for national and public interests; projects mobilized from social resources, projects to renovate and upgrade infrastructure for local socio-economic development. Provincial-level People’s Committees must coordinate with relevant agencies in charge of plans for recovery and protection of mineral resources; supervise and request the investor to properly implement the plan approved by the competent authority and fulfill all financial obligations in accordance with law regulations if there are any impacts on approved minerals.

- Coordinate with the Ministry of Natural Resources and Environment to review areas that have been delineated as banned or temporarily banned areas for mineral activities but have not been updated in the Mineral Master plan during the process of granting licenses for mineral activities to implement works and investment projects for national and public interests as specified in Article 62 of the 2013 Land Law, meeting the criteria in Clause 2, Article 26 and Article 65 of the Mineral Law at banned, temporarily banned areas for mineral activities in accordance with the provisions of law.

k) Coordination to resolve some remaining issues related to the master plan

- Interpretation of terms:

+ The concept of "The boundaries of the master plan are the areas of mineral distribution and mineral processing on the land area of the whole country" stated in Section A, Article 1 of Decision No. 866/QD-TTg is understood as: The on-land boundaries of mineral activity areas (specified in Clause 1, Article 26 of the 2010 Mineral Law) and boundaries of mineral processing investment projects approved by competent authorities, determined in the master plan.

+ The concept of "areas with minerals" at Point e, Clause 7, Article 2 of Decision No. 866/QD-TTg is understood as:

Within the scope of the Mineral Master plan approved in Decision No. 866/QD-TTg, the following areas shall be considered the areas with minerals: (1) areas where minerals are discovered and have undergone basic mineral geological investigation; (2) Mineral areas that have been explored and evaluated for reserves; (3) Mineral areas that have been licensed for mining.

These areas shall be listed in Appendices II, III, IV and VI issued together with Decision No. 866/QD-TTg.

+ For mineral areas with exclusive features, they shall comply with the provisions at Point e, Clause 7, Article 2 of Decision No. 866/QD-TTg, the content "impact on approved minerals" is understood as activities that change the current status and distribution range of minerals.

- Some areas with specific minerals

Specific minerals with large reserves, wide distribution areas, and are mined by open-pit methods with small mining depth, such as bauxite, titanium, etc. have a very large land area, affecting the implementation of construction investment projects for local socio-economic development. Therefore, it is necessary to base on current regulations to harmoniously balance the mineral mining with local socio-economic development, specifically as follows:

(1) Point e, Clause 7, Article 2 of Decision No. 886/QD-TTg dated July 18, 2028 regulates that: “Based on the local socio-economic development strategic objectives, People's Committees of centrally-run cities and provinces are allowed to implement technical infrastructure projects for the national and public interest according to Article 62 of the Land Law on the area with minerals approved in this Decision on the principle of recovery and protection of mineral resources, and in compliance with the provisions of the Mineral Law, the Planning Law and other relevant laws”.

(2) For some cases where a number of projects and construction works overlap with the boundaries of mineral exploration and mining master plan:

+ For technical infrastructure projects that were built before Decision No. 167/2007/QD-TTg¹, Decision No. 1546/QD-TTg² were issued, the provincial-level People's Committees shall be responsible for researching methods to remove obstacles and implement the Project, in coordination with the Ministry of Natural Resources and Environment to consider making this area a restricted area for mineral activities to protect the technical infrastructure works that have been built on the principle of protecting and developing public properties. Provincial-level People's Committees need to coordinate with relevant agencies in charge of plans to recover and protect mineral resources; supervise and request the investor to properly implement the plan approved by the competent authority and fulfill all financial obligations in accordance with law regulations if there are any impacts on approved minerals.

+ For projects implemented after Decisions No. 167/2007/QD-TTg, No. 1546/QD-TTg and No. 866/QD-TTg³ were issued:

. The provincial-level People’s Committees need to reach agreement with the Ministry of Natural Resources and Environment (agency with licensing authority) before a technical infrastructure investment project is approved or granted an investment license, ensuring compliance with relevant master plans and meet the requirements of ensuring national defense and security; preventing and minimizing impacts on the environment, natural landscapes, historical and cultural relics; protecting special-use forests and infrastructure works as prescribed in Clause 3, Article 17 of the Mineral Law.

. In order to promptly remove obstacles related to investment in works and projects in the mineral area and minimize the impact of the master plan area on the implementation of public investment projects, based on the provisions of Clause 2, Article 26 Mineral Law, provincial-level People’s Committees need to coordinate with the Ministry of Natural Resources and Environment to specifically delineate the ore body distribution area to compare with the province's land use planning map and proactively make statistics, update all projects and send them to the Ministry of Natural Resources and Environment for consideration and decision on forms of restriction on mineral activities regarding: (i) Mineral output (may not be exploited); (ii) Mining time; (iii) Mining area, depth and mining method, and let the Ministry of Natural Resources and Environment provide guidelines on contents related to plans to protect, collect and store recovered but unused minerals during the construction of investment projects in accordance with law regulations.

(3) The provincial-level People’s Committees need to speed up the selection of investors for mineral mining and processing to soon deploy mining and return land funds to localities to implement socio-economic development projects of their province.

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¹ Decision No. 167/2007/QD-TTg dated January 01, 2007 of the Prime Minister approving the zoning plan for exploration, mining, processing and use of bauxite ore in the 2007-2015 period with a vision to 2025 (Master plan 167)

² Decision No. 1546/QD-TTg dated September 03, 2013 of the Prime Minister approving the master plan on zoning of areas for exploration, mining, processing and use of titanium ore through 2020, with a vision toward 2030 (Master plan 1546).

³ Decision No. 866/QD-TTg dated July 18, 2023 of the Prime Minister on approving the Master plan on mineral exploration, mining, processing and use for the 2021-2030 period, with a vision toward 2050 (Master Plan No. 866).