Directive No. 10/2005/CT-TTg on Strengthening State Management over Exploration, Exploitation, Processing, and Export of Minerals

DIRECTIVE

Regarding the strengthening of state management over activities

of exploration, exploitation, processing, and export of minerals

____________________

In recent times, the activities of mineral exploration, exploitation, and processing have made significant contributions to the development of the economy and society. However, the exploration, exploitation, and processing of minerals still lack specific strategies and planning, with insufficient investment in advanced technology to enrich ores or produce metal products and alloys. The main focus remains on exporting raw minerals, leading to the depletion and wastage of mineral resources.

The primary cause of the aforementioned situation is due to the inadequacies and shortcomings in state management of mineral resources. The construction of strategies and plans for mineral exploration, exploitation, and processing according to the functions of relevant ministries and sectors has been slow. The division of responsibilities in state management of minerals among local People's Committees has not been effectively linked to their powers. Coordination between relevant ministries, sectors, and local People's Committees in inspecting and handling violations of mineral laws has been loose and ineffective. In some localities, the management and protection of mineral resources have been lax, with some local People's Committees even allowing the exploitation of minerals for ordinary construction materials and issuing mining permits in violation of legal regulations.

To strengthen state management of mineral resources in accordance with the Minerals Law and its implementing regulations, the Prime Minister requests that relevant ministries, sectors, provincial and municipal people's committees immediately implement the following tasks:

1. Provincial and municipal people's committees shall take the lead and coordinate with the Ministry of Natural Resources and Environment, the Ministries of Industry, Public Security, Trade, and Finance to inspect the current status of mineral exploitation, processing, trading, and export within their jurisdictions; immediately halt any illegal activities; strictly handle organizations and individuals violating laws related to mineral exploitation, processing, trading, and export, including revoking their operating licenses within their authority or recommending the competent authorities to revoke such licenses; immediately recover mining permits issued in violation of regulations; clarify and strictly deal with organizations and individuals who issue mining permits in violation of regulations. For serious violations, they must propose legal accountability. Provincial and municipal people's committees shall report to the Prime Minister before May 30, 2005, on the implementation of these tasks.

2. While the amended Minerals Law has not yet been promulgated, based on approved plans for mineral exploration, exploitation, and processing, the Ministry of Natural Resources and Environment will only issue permits for exploration, exploitation, and processing of minerals to organizations and individuals with projects aimed at enriching ores or producing high-value and economically beneficial metal products and alloys.

Regarding mineral exports: for legally signed contracts for mineral exports that are being implemented in accordance with the law, continue to allow exports according to the terms of the contracts. Suspend the signing of new contracts for the export of solid minerals in raw form until new regulations are issued (special cases decided by the Prime Minister).

Suspend the approval and issuance of permits for the exploitation of metallic minerals, including gold, silver, precious stones, except for exploitation from waste dumps or reopening mines that have been officially closed for liquidation.

The Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Industry, the Ministry of Public Security, the Ministry of Finance (General Customs Department), and provincial and municipal people's committees to inspect the activities of mineral exploitation and export of iron ore, lead-zinc ore, titanium, chromite, and manganese by organizations and individuals holding valid permits. Recover permits and suspend mineral exports for those violating permit conditions, especially regarding duration, area, production volume, processing requirements, labor safety, and environmental protection.

3. The Ministry of Natural Resources and Environment shall urgently develop implementing regulations for the amended Minerals Law to ensure that accompanying regulations are available when the law comes into effect.

4. The Ministry of Natural Resources and Environment shall develop a plan to assess the prospects of important mineral resources and mineral resources in areas planned for national infrastructure projects; a plan to assess the prospects of mineral resources in coastal regions rich in minerals, to be submitted to the Prime Minister by the third quarter of 2005.

When planning infrastructure construction projects, urban areas, industrial zones, cultural heritage sites, and other infrastructure projects, relevant ministries, sectors, and local authorities must seek opinions from state management agencies responsible for mineral resources.

5. The Ministry of Industry shall take the lead and coordinate with the Ministries of Natural Resources and Environment, Trade, and Finance in the first quarter of 2005 to develop and promulgate detailed regulations on the list, conditions, and standards for mineral exports to serve as a basis for supplementing the mechanism for managing and regulating imports and exports during the period 2006-2010.

The Ministry of Industry shall take the lead and coordinate with relevant ministries, sectors, and People's Committees of localities to develop plans for exploration, exploitation, and processing of important minerals such as bauxite, iron ore, lead-zinc, titanium, chromite, and manganese according to specific objectives, schedules, and usage needs, ensuring deep processing, rational and economical use, and long-term reserves of mineral resources for the mining industry. For iron ore and lead-zinc ore, the plans will be submitted to the Prime Minister for approval in the second quarter of 2005, while the remaining minerals will be submitted in the fourth quarter of 2005.

6. The Ministry of Finance shall take the lead and coordinate with the Ministry of Industry, the Ministry of Natural Resources and Environment, and other relevant ministries and sectors to review regulations on mineral resource taxes and mineral export taxes, and propose amendments and supplements aimed at encouraging deep processing, minimizing, and eventually stopping the export of raw or refined minerals.

7. The People's Committees of provinces and centrally governed cities shall take the lead and coordinate with the Ministry of National Defense and other relevant ministries and sectors to delineate areas prohibited and temporarily prohibited from mineral activities in accordance with laws on minerals, and submit them to the Prime Minister for approval in the third quarter of 2005.

8. The People's Committees of provinces and centrally governed cities shall strengthen environmental management in mineral activities. Projects for mineral exploitation and processing must comply with regulations on environmental impact assessments, commitments to environmental protection, environmental restoration guarantees, and post-exploitation environmental recovery; they must not affect the protection of upstream forests, special-use forests, landscapes, historical and cultural sites, and residential areas; they must strictly prevent and immediately stop the use of harmful chemicals in mineral exploitation and processing, ensuring water safety. They must also ensure social order, public security, and labor safety in mineral activities.

9. Ministries, sectors, the People's Committees of provinces and centrally governed cities shall enhance propaganda, education, and raise awareness among lower-level local authorities, enterprises involved in mineral exploitation, processing, and trading, and residents in areas with mineral resources about policies and laws on minerals, promoting rational and reasonable exploitation of mineral resources, and combating violations of mineral laws.

10. The Ministry of Culture and Information shall take the lead and coordinate with the Ministry of Natural Resources and Environment, the People's Committees of provinces and centrally governed cities, and direct news agencies, radio stations, and television stations to regularly promote policies and laws on minerals, commend units and individuals who perform well, criticize and expose violations of mineral laws.

The Prime Minister requests relevant ministries, sectors, and People's Committees of provinces and centrally governed cities to promptly organize the implementation of this Directive. Any difficulties encountered during implementation should be reported to the Prime Minister in a timely manner./.