Joint Circular No. 01/2003/TTLT-BCN-BTNMT guiding the transfer of State management functions regarding mineral resources from the Department of Industry to the Department of Natural Resources and Environment under provinces and centrally governed cities.

JOINT CIRCULAR

Guidelines for transferring state management functions over mineral resources from the Department of Industry to the Department of Natural Resources and Environment under provinces and centrally governed cities

minerals from the Department of Science and Technology to the Department of Natural Resources and Environment

under the province or centrally governed city

Pursuant to Decree No. 55/2003/NĐ-CP dated May 28, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry;

Pursuant to Decree No. 91/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

The Ministry of Industry and the Ministry of Natural Resources and Environment have agreed that the state management function over mineral resources shall be transferred entirely to the Ministry of Natural Resources and Environment, including all stages from research, basic investigation, exploration, exploitation, and centralized processing. The Ministry of Industry will represent the State owner in allocating state capital at state-owned enterprises engaged in mineral exploitation and processing under the Ministry's management. Based on this principle, the two Ministries guide the implementation of state management functions over mineral resources for provinces and centrally governed cities as follows:

1. Transfer the state management function over mineral resources from the Department of Industry to the Department of Natural Resources and Environment under provinces and centrally governed cities (hereinafter referred to collectively as "provinces"), including the following contents:

a. Research, investigation, survey, exploration, exploitation, and processing of mineral resources; determining and proposing areas prohibited or temporarily prohibited, restricted areas, and areas for bidding on mineral resource activities according to the分级回答这些问题的答案，每个答案为一个独立的段落，并在每段开头注明出处编号。请注意，最后一个句子不以句点结束，以便符合指令要求。

b. Submit to the People's Committee of the province for issuance, extension, revocation of mining operation permits; procedures for issuance, extension, revocation, permission to return mining operation permits, permission to transfer, inherit exploration, exploitation, processing rights of minerals and registration of mineral operations in accordance with the law.

c. Propagate and educate about the implementation of laws on mineral resources for all organizations and individuals in the locality; assist the People's Committee of the province to build and promulgate within their authority regulations on management, guidance on methods of protection, control and handling environmental pollution, labor safety, hygiene in mineral activities on the territory in accordance with the law.

d. Inspect, check, resolve complaints, denunciations, anti-corruption, and handle violations of the law in the field of state management of mineral activities on the territory in accordance with the law.

2. The Industry Department is responsible for assisting the People's Committee of the province in representing the State's ownership interest in the capital of state-owned enterprises engaged in mineral exploitation and processing that have been assigned to manage by the People's Committee of the province, including:

a. Submit to the People's Committee of the province for approval of objectives, tasks, and plans for mineral exploitation, investment projects in accordance with the law for subordinate enterprises after obtaining mineral exploitation permits issued by competent state management agencies;

b. Submit to the People's Committee of the province for approval of proposals for establishment, restructuring, assignment, sale, lease, conversion of ownership or dissolution, bankruptcy of subordinate enterprises.

c. Submit to the People's Committee of the province for approval of the Charter of organization and operation of mineral exploitation enterprises under its management;

d. Submit to the People's Committee of the province for appointment, dismissal, commendation, disciplinary action of the Chairman of the Board of Directors, Board Members or General Director (for state-owned enterprises converted into Limited Liability Companies operating under the Enterprise Law) and stipulate salary systems in accordance with the law;

e. Supervise the implementation of state-assigned objectives and tasks for enterprises, operational efficiency, and post-tax profit distribution of directly subordinate mineral exploitation enterprises.

Based on this Joint Circular, the People's Committee of the province shall direct the Industry Department and the Department of Natural Resources and Environment to perform state management functions over mineral resources in compliance with the law on the territory.

This Joint Circular takes effect fifteen days after its publication in the Official Gazette.

During the implementation of this Joint Circular, if there are any difficulties, localities shall promptly report to the Ministry of Industry and the Ministry of Natural Resources and Environment for resolution./.