Resolution No. 103/NQ-CP On the issuance of the Government's Action Program to implement Resolution No. 02-NQ/TW dated April 25, 2011 of the Politburo on Strategic Orientation for Minerals and Mining Industry until 2020, with a vision to 2030

RESOLUTION

REGARDING THE ADOPTION OF THE ACTION PROGRAM OF THE GOVERNMENT TO IMPLEMENT

RESOLUTION NO. 02-NQ/TW DATED APRIL 25, 2011 OF THE PARTY CENTRAL COMMITTEE

ON STRATEGIC DIRECTION FOR MINERALS AND MINERAL INDUSTRY

Pursuant to Decision No. 581/QĐ-TTg dated May 6, 2009 of the Prime Minister approving the Cultural Development Strategy until 2020;

THE GOVERNMENT

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

BASED ON RESOLUTION NO. 02-NQ/TW DATED APRIL 25, 2011 OF THE PARTY CENTRAL COMMITTEE ON THE STRATEGIC DIRECTION FOR MINERALS AND MINERAL INDUSTRY UNTIL 2020 WITH A VISION TO 2030;

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

RESOLUTION:

Article 1. THIS RESOLUTION ATTACHES THE ACTION PROGRAM OF THE GOVERNMENT TO IMPLEMENT RESOLUTION NO. 02-NQ/TW DATED APRIL 25, 2011 OF THE PARTY CENTRAL COMMITTEE ON THE STRATEGIC DIRECTION FOR MINERALS AND MINERAL INDUSTRY UNTIL 2020 WITH A VISION TO 2030.

Article 2. THIS RESOLUTION SHALL TAKE EFFECT FROM THE DATE OF ITS ISSUANCE.

Article 3. MINISTERS, HEADS OF MINISTRY-EQUIVALENT ORGANIZATIONS, HEADS OF GOVERNMENT-RELATED ORGANIZATIONS, CHAIRS OF PROVINCE AND CITY PEOPLE'S COMMITTEES DIRECTLY UNDER THE CENTRAL GOVERNMENT ARE RESPONSIBLE FOR ENFORCING THIS RESOLUTION.

ACTION PROGRAM OF THE GOVERNMENT

IMPLEMENTING RESOLUTION NO. 02-NQ/TW DATED APRIL 25, 2011

OF THE PARTY CENTRAL COMMITTEE ON THE STRATEGIC DIRECTION FOR MINERALS AND MINERAL INDUSTRY UNTIL 2020 WITH A VISION TO 2030

(ISSUED ACCOMPANYING RESOLUTION NO. 103/NQ-CP DATED DECEMBER 22, 2011 OF THE GOVERNMENT)

of the Government in 2011)

I. OBJECTIVES

IDENTIFY THE MAJOR TASKS OF GOVERNMENT ADMINISTRATIVE BODIES AT THE CENTRAL AND LOCAL LEVELS IN IMPLEMENTING RESOLUTION NO. 02-NQ/TW DATED APRIL 25, 2011 OF THE PARTY CENTRAL COMMITTEE ON THE STRATEGIC DIRECTION FOR MINERALS AND MINERAL INDUSTRY UNTIL 2020 WITH A VISION TO 2030 TO PROMOTE THE SUSTAINABLE DEVELOPMENT OF THE MINERAL INDUSTRY OF THE COUNTRY.

II. TASKS

1. PUBLICITY AND EDUCATION ON MINERAL LAWS

ORGANIZE THE DISSEMINATION AND IMPLEMENTATION OF RESOLUTION NO. 02-NQ/TW OF THE PARTY CENTRAL COMMITTEE, STRENGTHEN THE WORK OF PUBLICITY AND EDUCATION ON MINERAL LAWS FOR MINERAL MANAGEMENT AUTHORITIES FROM THE CENTRAL TO LOCAL LEVELS; SIMULTANEOUSLY, CONDUCT PUBLICITY AND EDUCATION ON MINERAL LAWS FOR ORGANIZATIONS AND INDIVIDUALS INVOLVED IN MINERAL ACTIVITIES, AS WELL AS THE PUBLIC, TO QUICKLY INCORPORATE RESOLUTION NO. 02-NQ/TW AND THE MINERAL LAW OF 2010 INTO PRACTICE.

2. ENHANCE THE EFFECTIVENESS OF MINERAL MANAGEMENT

a) IMPROVE THE SYSTEM OF LEGAL DOCUMENTS ON MINERALS

- COMPLETE BY THE END OF THE FIRST QUARTER OF 2012: THE DECREE DETAILING THE IMPLEMENTATION OF THE MINERAL LAW; THE DECREE ON AUCTIONING MINERAL EXPLORATION RIGHTS; THE MINERAL STRATEGY UNTIL 2020 WITH A VISION TO 2030;

- COMPLETE BY THE END OF THE SECOND QUARTER OF 2012: THE DECREE ON ADMINISTRATIVE SANCTIONS IN THE FIELD OF MINERALS.

b) REVIEW, ADJUST, SUPPLEMENT, AND ESTABLISH PLANS FOR BASIC GEOLOGICAL SURVEYS ON MINERALS IN ACCORDANCE WITH THE MINERAL LAW OF 2010

c) REVIEW AND EVALUATE THE IMPLEMENTATION OF APPROVED MINERAL PLANS. AMEND, SUPPLEMENT, AND BUILD PLANS TO BE SUBMITTED TO THE PRIME MINISTER FOR APPROVAL IN ACCORDANCE WITH THE MINERAL LAW OF 2010.

d) IMPROVE THE ORGANIZATION OF MINERAL MANAGEMENT AUTHORITIES FROM THE CENTRAL TO LOCAL LEVELS; INCREASE HUMAN RESOURCES AND INVEST IN INFRASTRUCTURE AND EQUIPMENT TO ENHANCE THE CAPACITY OF MINERAL MANAGEMENT AT ALL LEVELS; STRENGTHEN INSPECTION AND MONITORING OF MINERAL ACTIVITIES; SEVERELY HANDLE ANY VIOLATIONS BY ORGANIZATIONS AND INDIVIDUALS.

e) REGULARLY MONITOR AND SUPERVISE THE IMPLEMENTATION OF LEGAL DOCUMENTS ON MINERALS AND THEIR POSITIVE AND NEGATIVE IMPACTS ON THE ECONOMY AND SOCIETY, AND RECOMMEND MODIFICATIONS AND SUPPLEMENTS.

3. REFORM MECHANISMS AND POLICIES IN THE MINERAL SECTOR

a) MECHANISMS AND POLICIES FOR INVESTMENT IN SCIENCE AND TECHNOLOGY FOR BASIC SURVEYS, EXPLORATION, MINING, AND PROCESSING OF MINERALS

- ENCOURAGE AND PRIORITIZE THE APPLICATION OF ADVANCED TECHNOLOGY IN THE FIELDS OF DEEP MINERAL SURVEYS, MARINE MINERALS; MINING AND PROCESSING OF IMPORTANT MINERALS;

- IMPLEMENT THE RESEARCH PROGRAM "INNOVATION AND MODERNIZATION OF TECHNOLOGY IN THE MINERAL INDUSTRY";

- ENCOURAGE FOREIGN INVESTMENT IN MINERAL PROCESSING PROJECTS, ESPECIALLY THOSE WITH COMPLEX TECHNOLOGICAL REQUIREMENTS, LINKED TO ENVIRONMENTAL PROTECTION;

- DEVELOP POLICIES TO INCENTIVIZE ENTERPRISES TO INVEST ABROAD IN THE MINERAL SECTOR: EXPLORATION, MINING, AND PROCESSING OF MINERALS TO PROVIDE MINERALS AND PRODUCTS PROCESSED FROM MINERALS FOR DOMESTIC INDUSTRIES THAT NEED THEM;

- DEVELOP POLICIES FOR TRAINING AND UTILIZING A STAFF OF OFFICIALS WHO MEET THE REQUIREMENTS OF MINERAL MANAGEMENT AND BASIC GEOLOGICAL SURVEYS ON MINERALS.

b) FINANCIAL MECHANISMS AND POLICIES

- CONCENTRATE NATIONAL RESOURCES TO MEET THE REQUIREMENTS OF BASIC GEOLOGICAL SURVEYS ON MINERALS ON LAND AND IN THE SEA AND ISLANDS OF VIETNAM;

- DEVELOP MECHANISMS AND POLICIES FOR INVESTMENT FUNDS FROM THE STATE BUDGET AND PRIVATE SOURCES FOR BASIC GEOLOGICAL SURVEYS ON MINERALS. HAVE MECHANISMS TO REIMBURSE COSTS OF BASIC GEOLOGICAL SURVEYS ON MINERALS AND EXPLORATION COSTS FUNDED BY THE STATE FROM THE BUDGET. HAVE MECHANISMS TO ATTRACT DOMESTIC ECONOMIC COMPONENTS TO INVEST IN BASIC GEOLOGICAL SURVEYS ON MINERALS;

- CONTINUE TO STUDY AND REFORM FINANCIAL POLICIES FOR MINERAL ACTIVITIES; TIMELY AND REASONABLY ADJUST TAXES, TAX BRACKETS, FEES, AND LICENSE FEES RELATED TO MINERAL EXPLORATION, PROCESSING, AND EXPORT TO INCREASE REVENUE FOR THE STATE BUDGET FROM IMPORTANT MINERALS, TO ENSURE A BALANCED INTEREST BETWEEN THE STATE, BUSINESSES, AND LOCAL COMMUNITIES WHERE MINERALS ARE EXPLOITED; DO NOT EXPORT RAW ORES. SUPPORT INVESTMENT IN TECHNOLOGICAL INNOVATION FOR MINERAL EXPLORATION AND PROCESSING TO USE MINERALS EFFICIENTLY; REHABILITATE AND PROTECT THE ENVIRONMENT;

- ANNUALLY, LOCALITIES SHOULD DEVELOP BUDGET PLANS TO ALLOCATE FUNDS TO PROTECT UNEXPLOITED MINERALS.

c) POLICIES ON MINERAL RESERVES AND EXPORTS

- COMPLETE THE ZONING OF RESTRICTED AND TEMPORARILY RESTRICTED MINERAL ACTIVITY AREAS; ZONE AREAS NOT SUBJECT TO MINERAL EXPLORATION RIGHT AUCTIONS AND NATIONAL MINERAL RESERVE AREAS BY THE END OF 2012.

- Forecast demand, assess capacity, ability to exploit and process minerals domestically according to the planning period to have reasonable exploitation plans mainly serving domestic needs during each period;

- Only export processed products from high-value minerals for certain large-scale mineral types;

- Review and propose adjustments to the production volume of certain mineral types prioritizing domestic usage needs;

d) Policy to protect unexploited minerals, ensure national defense and security, scenic beauty, historical and cultural relics, and the environment;

- Establish mechanisms and policies to protect unexploited minerals, completed by 2012;

- Conduct an overall assessment and propose solutions to minimize negative impacts of mineral activities and processing on the environment and living conditions;

4. Develop mining industry;

- Build and implement tasks according to the objectives of Resolution No. 02-NQ/TW on basic geological surveys of minerals;

- Organize implementation, inspection, and evaluation of mineral planning;

- Plan and construct centralized mining and processing zones for high-value products from large-scale minerals such as titanium-zircon, bauxite, rare earths, chromite, apatite, lead-zinc limestone, and glass sand. For other minerals, plan and build processing plants suitable for each type's potential;

III. IMPLEMENTATION

1. Based on the tasks in the Action Program, based on assigned functions and responsibilities, Ministers, Heads of Ministries at the level of ministries, Heads of government agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for organizing implementation;

2. Ministers, Heads of Ministries at the level of ministries, Heads of government agencies, Chairpersons of provincial People's Committees under central cities shall focus on directing, strengthening inspections, urging implementation of this Action Program; report annually to the Prime Minister on the implementation status;

3. The Minister of Natural Resources and Environment, based on assigned functions, duties, and authorities, shall monitor and urge implementation by relevant ministries, sectors, and localities; report periodically and make recommendations to the Government and Prime Minister on necessary measures to ensure effective and coordinated implementation of the Program;

LIST

TASKS ACCOMPANYING THE ACTION PROGRAM OF THE GOVERNMENT ON IMPLEMENTATION OF RESOLUTION NO. 02-NQ/TW OF THE POLITICAL BUREAU ON STRATEGIC DIRECTION OF MINERALS AND MINING INDUSTRY UNTIL 2020, WITH A LOOK TO 2030

(Issued together with the Government's Action Program pursuant to Decision No. 103/NQ-CP dated December 22, 2011 of the Government)