Decree No. 07/2009/ND-CP amends and supplements some Articles of Decree No. 160/2005/ND-CP dated December 27, 2005 of the Government detailing and guiding the implementation of the Law on Minerals and the Law amending and supplementing some Articles of the Law on Minerals.

DECREE

Amending and supplementing some Articles of Decree No. 160/2005/ND-CP dated December 27, 2005 of the Government detailing and guiding the implementation of the Minerals Law and the Law amending and supplementing some Articles of the Minerals Law.

detailing and guiding the implementation of the Minerals Law and the Law amending and supplementing some Articles of the Minerals Law.

amending and supplementing some Articles of the Minerals Law.

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Minerals Law dated March 20, 1996 and the Law amending and supplementing some Articles of the Minerals Law dated June 14, 2005;

CONSIDERING THE PROPOSAL OF THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT,

 DECREE:

Article 1. Amending and supplementing some Articles of Decree No. 160/2005/ND-CP dated December 27, 2005 of the Government detailing and guiding the implementation of the Minerals Law and the Law amending and supplementing some Articles of the Minerals Law (hereinafter referred to as Decree No. 160/2005/ND-CP) as follows:

1. Supplement Clause 2a and amend and supplement Clause 3 of Article 3 as follows:

"2a. Determining, approving, and announcing the areas for bidding on mineral exploration and exploitation according to Article 23 (amended and supplemented) of Decree No. 160/2005/ND-CP; organizing the bidding process according to regulations."

3. Determining the areas with mineral resources that have been investigated and evaluated according to Clause 1 of Article 9 of the Minerals Law; providing the Ministry of Industry and Trade, the Ministry of Construction with investigation and evaluation documents about minerals serving planning for mineral exploration, exploitation, processing, and utilization; determining and submitting to the Prime Minister for decision-making the areas for national mineral resource reserves according to Article 23a (amended and supplemented) of Decree No. 160/2005/ND-CP; delineating areas with harmful minerals according to Article 15 of the Minerals Law and notifying relevant state agencies; organizing the implementation of mineral stockpile inventory nationwide as approved."

2. Point b of Clause 1; Clause 2 of Article 4 are amended and supplemented as follows:

"b) Cooperating with the Ministry of Natural Resources and Environment to determine the areas for bidding on mineral exploration and exploitation according to Article 23 (amended and supplemented) of Decree No. 160/2005/ND-CP;"

2. The Ministry of Industry and Trade shall promulgate the List, conditions, and criteria for exporting, restricting export of various types of minerals, except construction materials and raw materials for cement production; the Ministry of Construction shall promulgate the List, conditions, and criteria for exporting, restricting export of construction materials and raw materials for cement production."

3. Point b and point g of Clause 1 of Article 6 are amended and supplemented as follows:

"b) Taking the lead and coordinating with the Ministries of Natural Resources and Environment, Industry and Trade, Construction, Defense, Public Security, Culture, Sports and Tourism, Agriculture and Rural Development, Transport, Home Affairs, and other related ministries and sectors to delineate and approve areas prohibited from mineral activities according to Article 20 (amended and supplemented) of Decree No. 160/2005/ND-CP; delineating and submitting to the Prime Minister for approval temporary prohibition areas for mineral activities according to Article 21 of Decree No. 160/2005/ND-CP;

g) Determining, approving, and announcing the areas for bidding on mineral exploration and exploitation according to Article 23 (amended and supplemented) of Decree No. 160/2005/ND-CP; organizing the bidding process according to regulations;"

4. Point đ and point e of Clause 3 of Article 12 are amended and supplemented as follows:

"đ) Showing the areas for national mineral resource reserves decided by the Prime Minister;

e) Showing the areas prohibited, temporarily prohibited from mineral activities, and bidding areas for mineral exploration and exploitation approved by competent authorities according to regulations;"

5. Supplementing point d of Clause 2 of Article 17 as follows:

"d) In cases where an application is made for a permit to exploit ordinary construction materials without being required to conduct exploration as stipulated in Clause 2 of Article 41 (amended and supplemented) of the Minerals Law, in addition to the conditions specified in points a, b, and c of this clause, it must ensure that the products extracted are only used for maintenance and repair of infrastructure and dykes;"

6. Point d, point e of Clause 1; Clause 2 of Article 20 are amended and supplemented as follows:

"d) Within the scope of protection of traffic infrastructure structures, high-voltage power transmission line corridors, water conservancy works, dyke systems, and telecommunications facilities;

e) Urban areas, commercial zones, tourist areas, or important infrastructure projects; industrial zones, except areas within mineral processing project sites."

"2. The People's Committee of the province shall decide to approve areas prohibited from mineral activities after obtaining written opinions from relevant ministries and sectors and notify the Ministry of Natural Resources and Environment, the Ministry of Industry and Trade, and the Ministry of Construction in writing after approval."

1. Procedures for accepting social welfare recipients

"Article 23. Areas for bidding on mineral exploration and exploitation

1. Areas for bidding on mineral exploration and exploitation include the following areas:

a) Areas that have been investigated and assessed for mineral resource potential using state budget funds, with promising mineral resources, approved by competent authorities are areas for bidding on mineral exploration;

b) Mineral deposits that have been explored using state budget funds, approved by competent authorities are areas for bidding on mineral exploitation.

2. Authority and responsibility for determining, approving, and announcing areas for bidding on mineral exploration and exploitation:

a) The Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Industry and Trade, the Ministry of Construction to determine areas for bidding on mineral exploration and exploitation, except areas under the approval authority of the provincial People's Committee as stipulated in point g of Clause 1 of Article 6 (amended and supplemented) of Decree No. 160/2005/ND-CP and decide to approve after obtaining written opinions from the Ministry of Industry and Trade and the Ministry of Construction;

b) The provincial People's Committee shall determine and approve areas for bidding on mineral exploration and exploitation for minerals within the permit issuance authority stipulated in point b of Clause 1 of Article 56 (amended and supplemented) of the Minerals Law and Clause 2 of Article 26 (amended and supplemented) of Decree No. 160/2005/ND-CP;

c) The Ministry of Natural Resources and Environment, the provincial People's Committee shall announce areas for bidding on mineral exploration and exploitation after they have been approved."

3. The Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Finance, the Ministry of Industry and Trade, and the Ministry of Construction to prescribe principles and methods for valuing mineral resources as a basis for bidding on mineral exploitation.

4. The Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Industry and Trade, and the Ministry of Construction to submit to the Prime Minister for issuance of the Auction Regulations for Mineral Exploration and Mineral Exploitation.

8. Supplement Article 23a as follows:

"Article 23a. Areas with mineral resources under national mineral resource reserves

1. Areas with mineral resources under national mineral resource reserves include areas:

a) Which have been investigated, assessed for mineral resource potential or explored, and approved for mineral reserves for sustainable development purposes;

b) Which have geological premises and promising signs of mineral resources but have not yet been assessed for mineral resource potential or explored and approved for mineral reserves.

2. The Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Industry and Trade and the Ministry of Construction to determine and submit to the Prime Minister for approval of the areas under national mineral resource reserves.

3. Surveying, exploration, and exploitation activities of mineral resources in areas under national mineral resource reserves may only be carried out after obtaining the Prime Minister's approval.

9. Amend and supplement Clause 2 of Article 26 as follows:

"2. The area of regions with mineral resource potential assessment results that have been approved by competent state agencies and which are not included in the national mineral exploration, exploitation, and processing plan or do not belong to areas under national mineral resource reserves shall fall within the jurisdiction of provincial People's Committees to issue mineral exploitation and processing permits as stipulated in Point b, Clause 1, Article 56 of the Minerals Law."

10. Clause 2 of Article 29 is amended and supplemented as follows:

"2. The exclusive exploration fee shall be calculated according to the following provisions:

First year: 50,000 VND/hectare/year;

Second year: 80,000 VND/hectare/year;

Third and fourth years: 100,000 VND/hectare/year."

11. Article 45 shall be amended and supplemented as follows:

"Article 45. Responsibilities of Provincial People's Committees in coordinating the review of granting exploration, exploitation, and processing permits for minerals

1. In cases where prohibited or temporarily prohibited mineral activity areas have not been approved and announced as required, before issuing exploration permits for mineral exploitation or exploitation and processing permits within their authority, the Ministry of Natural Resources and Environment shall seek written opinions from the provincial People's Committee where the minerals are located regarding the planned area for issuing exploration permits for mineral exploitation or the exploitation area or the construction area for mineral processing plants related or unrelated to prohibited or temporarily prohibited mineral activity areas.

2. The provincial People's Committee shall take the lead and coordinate with relevant ministries and sectors to inspect and determine the planned area for issuing exploration permits for mineral exploitation or the exploitation area or the construction area for mineral processing plants related or unrelated to prohibited or temporarily prohibited mineral activity areas, and respond in writing to the Ministry of Natural Resources and Environment within thirty (30) days from the date of receipt of the opinion solicitation letter from the Ministry of Natural Resources and Environment.

3. In special cases requiring exploration or exploitation of minerals in prohibited or temporarily prohibited mineral activity areas, the competent state agency issuing permits as stipulated in Clause 1, Article 56 of the Minerals Law must report to the Prime Minister for consideration and decision.

Article 2. Replace the term "Ministry of Industry" in Articles 4, 6, 12, 21, 22, 37, 41, and 42 of Decree No. 160/2005/NĐ-CP with the term "Ministry of Industry and Trade", and replace the term "Department of Industry" in Clause 2, Article 6 of Decree No. 160/2005/NĐ-CP with the term "Department of Industry and Trade".

Article 3. This Decree shall take effect forty-five (45) days from the date of signature.

The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.