Decree No. 11/2025/NĐ-CP detailing certain provisions of the Law on Geology and Minerals regarding the exploitation of Group IV minerals.

DECREE

Detailed regulations on certain provisions of the Law on Geology and Mineral Resources regarding the exploitation of Group IV minerals

concerning the exploitation of Group IV minerals

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Based on the Law on Geology and Minerals dated November 29, 2024;

Pursuant to the Law on Minerals dated November 17, 2010;

At the proposal of the Minister of Natural Resources and Environment;

The Government promulgates this Decree to provide detailed regulations on certain provisions of the Law on Geology and Mineral Resources regarding the exploitation of Group IV minerals.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations on the validity period of permits for the exploitation of Group IV minerals; the extension, adjustment, return, revocation, and termination of the effectiveness of permits for the exploitation of Group IV minerals; the competent authority, application forms, procedures, and formalities for issuing, extending, adjusting, returning, and revoking permits for the exploitation of Group IV minerals; environmental protection, restoration, and recovery during the exploitation of Group IV minerals; the handling of excess minerals as stipulated in Point d Clause 2 Article 73 of the Law on Geology and Mineral Resources.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals involved in activities related to the exploitation of Group IV minerals.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

Projects and works using minerals are projects, works, project components, and emergency mobilization measures defined in Point a and Point b Clause 2 Article 72 of the Law on Geology and Mineral Resources that use Group IV minerals and are specified in the mining permit.

Excess Group IV minerals are the quantities of Group IV minerals permitted for exploitation as specified in the mining permit for Group IV minerals issued to organizations stipulated in Clause 2 Article 72 of the Law on Geology and Mineral Resources that have been mined but not fully utilized for projects and works using minerals as specified in the mining permit for Group IV minerals.

Chapter II
EXPLOITATION OF GROUP IV MINERALS

Article 4. Validity Period of Mining Permits

1. The mining permit for Group IV minerals (hereinafter referred to as the mining permit) issued to organizations and individuals stipulated in Clause 1 Article 72 of the Law on Geology and Mineral Resources shall have a maximum validity period not exceeding 10 years, including construction time and exploitation time determined according to the investment project for mineral exploitation. The validity period of the mining permit may be extended multiple times as provided for in Article 7 of this Decree, but the total extension time shall not exceed 5 years.

2. The mining permit issued to organizations stipulated in Clause 2 Article 72 of the Law on Geology and Mineral Resources shall have a maximum validity period equal to the implementation period of the project or work using minerals recorded in the mining permit, including construction time and exploitation time. The validity period of the mining permit may be extended multiple times as provided for in Article 7 of this Decree, but the total issuance and extension time shall not exceed the implementation period (including the extended and adjusted periods) of the project or work using minerals recorded in the mining permit.

Article 5. Competent Authority for Processing Applications for Issuance, Extension, Adjustment, Return, and Revocation of Mining Permits

1. The One-Stop Service Center is the agency responsible for receiving applications when the application is complete in accordance with the prescribed requirements. In cases where the application is incomplete, the One-Stop Service Center will not accept the application and clearly state the reasons for non-receipt in the supplementary and completion request form in accordance with the Government's regulations on the receipt of administrative procedure applications.

2. The specialized geological and mineral resources agency under the provincial People's Committee shall review applications for issuance, extension, adjustment, return, and revocation of mining permits.

3. The provincial People's Committee shall issue, extend, adjust, return, and revoke mining permits.

4. The requirement for organizations and individuals to supplement and complete applications for issuance, extension, adjustment, and return of mining permits shall be carried out as follows:

a) During the review process and submission of applications for issuance, extension, adjustment, and return of mining permits, if supplementation and completion of the application are required, the reviewing agency shall issue a written request for supplementation and completion, specifying the contents to be supplemented and completed. The request for supplementation and completion shall only be made once. If the application does not meet the initial supplementation and completion requirements after supplementation and completion, it may be requested again, but no new requirements shall be generated;

b) The time taken to supplement and complete the application shall not be included in the review, issuance, extension, adjustment, return, and revocation period of the mining permit;

c) If the application still does not meet the requirements after repeated supplementation and completion, the reviewing agency shall suspend the review and return the application for issuance, extension, adjustment, and return of the mining permit. Organizations and individuals in such cases have the right to resubmit the application, but it will be considered a new application.

Article 6. Issuance of Mining Exploitation Licenses

1. Conditions for issuing mining exploitation licenses to organizations and individuals as stipulated in Clause 1 of Article 72 of the Law on Geology and Mineral Resources shall be as follows:

a) Having an investment orientation decision or a document approving the investment orientation for mineral exploitation projects that require approval of the investment orientation under the laws on investment;

b) Having a decision approving the environmental impact assessment report or an environmental permit as prescribed by the laws on environmental protection;

c) Being consistent with the principles of mineral exploitation as prescribed in Clause 2 of Article 73 of the Law on Geology and Mineral Resources;

d) The area proposed for issuance of the mining exploitation license has survey results and general information evaluation for Group IV minerals or exploration results of minerals confirmed, recognized, or approved by competent authorities;

đ) Having a dossier meeting the conditions for acceptance as prescribed at point a of Clause 3 of this Article.

2. Conditions for issuing mining exploitation licenses to organizations as stipulated in Clause 2 of Article 72 of the Law on Geology and Mineral Resources shall be as follows:

a) Meeting the conditions prescribed at points c and d of Clause 1 of this Article;

b) Having a dossier meeting the conditions for acceptance as prescribed at point b of Clause 3 of this Article.

3. The application dossier for issuing a mining exploitation license shall be established in one set and submitted to the one-stop service center. The dossier components include:

a) For organizations and individuals as stipulated in Clause 1 of Article 72 of the Law on Geology and Mineral Resources: Original document requesting issuance of the mining exploitation license; certified copy or copy accompanied by the original for comparison or certified electronic copy from the original: Approved mineral exploitation project, mineral exploration result report or general information survey report on Group IV minerals, documents proving the owner's capital as prescribed in Article 9 of Decree No. 158/2016/NĐ-CP dated November 29, 2016 of the Government detailing implementation of certain provisions of the Law on Minerals;

b) For organizations as stipulated in Clause 2 of Article 72 of the Law on Geology and Mineral Resources: Original document requesting issuance of the mining exploitation license, plan for exploitation of Group IV minerals; certified copy or copy accompanied by the original for comparison or certified electronic copy from the original of the approval document, selection as contractor, mineral exploration result report or general information survey report on Group IV minerals.

4. Procedures for issuing mining exploitation licenses to organizations and individuals as stipulated in Clause 1 of Article 72 of the Law on Geology and Mineral Resources shall be implemented as follows:

a) Within fifteen days from the date of receiving the dossier, the dossier examination authority shall be responsible for checking and reviewing relevant documents, dossiers, and contents related to the issuance of the mining exploitation license; conducting on-site inspections; if necessary, sending documents to seek opinions from specialized agencies on construction, culture, forestry, dike management, water resources, hydropower, religion, transportation, telecommunications, national defense, security under the provincial People's Committee regarding areas prohibited from mineral activities, temporarily prohibited areas from mineral activities, and other related contents to the issuance of the mining exploitation license.

The on-site inspection date shall be decided by the dossier examination authority but must be completed before submitting the dossier for issuance of the mining exploitation license to the provincial People's Committee;

b) Within five working days from the date the dossier examination authority sends documents to seek opinions as prescribed in point a of this clause, the agency whose opinion is sought shall be responsible for replying in writing about related issues. After the deadline prescribed in this clause, if the agency whose opinion is sought does not provide a written reply, it shall be deemed to have agreed and shall bear responsibility for the related contents in the dossier for issuance of the mining exploitation license;

c) Within three working days from the date all contents prescribed in points a and b of this clause are completed, the dossier examination authority shall complete the examination of the following contents: coordinates, area, depth, volume of minerals, capacity, duration of exploitation in the dossier for issuance of the mining exploitation license and other related contents to the issuance of the mining exploitation license; determine the fee for granting the right to exploit minerals; submit the dossier for issuance of the mining exploitation license and approve the fee for granting the right to exploit minerals to the provincial People's Committee;

d) Within three working days from the date of receiving the dossier for issuance of the mining exploitation license, the provincial People's Committee shall decide whether to issue or not issue the mining exploitation license. In case of not issuing the mining exploitation license, a written response must be provided with clear reasons;

đ) Within two working days from the date the provincial People's Committee decides to issue or not issue the mining exploitation license, the one-stop service center shall take the lead and coordinate with the dossier examination authority to notify the organization or individual applying for the mining exploitation license to receive the result of the dossier processing and fulfill related obligations as prescribed;

e) In case the organization or individual is granted the mining exploitation license, within two working days from the date of receiving sufficient documents proving the fulfillment of related financial obligations, the one-stop service center shall hand over the mining exploitation license to the organization or individual.

5. Procedures for issuing mining exploitation licenses to organizations as stipulated in Clause 2 of Article 72 of the Law on Geology and Mineral Resources shall be implemented as follows:

a) Within seven working days from the date of receiving the dossier, the dossier examination authority shall be responsible for checking and reviewing relevant documents, dossiers, and contents related to the issuance of the mining exploitation license; conducting on-site inspections; if necessary, sending documents to seek opinions from specialized agencies on construction, culture, forestry, dike management, water resources, hydropower, religion, transportation, telecommunications, national defense, security under the provincial People's Committee regarding areas prohibited from mineral activities, temporarily prohibited areas from mineral activities, and other related contents to the issuance of the mining exploitation license.

The on-site inspection date shall be decided by the dossier examination authority but must be completed before submitting the dossier for issuance of the mining exploitation license to the provincial People's Committee;

b) Within a period not exceeding three working days from the date the agency reviewing the application has a document seeking opinions as provided for in point a of this clause, the agency whose opinion is sought shall be responsible for replying in writing on matters related thereto. After the deadline stipulated in this clause, if the agency whose opinion is sought does not provide a written reply, it shall be deemed to have agreed and shall bear responsibility for the contents related to the mining permit application.

c) Within a period not exceeding two working days from the date all contents prescribed in points a and b of this clause have been completed, the agency reviewing the application must complete the review of the following contents: coordinates, area, depth, volume of minerals, capacity, exploitation period of the application for issuance of the Mining Permit, and other relevant contents related to the issuance of the Mining Permit; determine the fee for granting the right to exploit minerals; submit the application for issuance of the Mining Permit and approve the fee for granting the right to exploit minerals to the People's Committee of the province.

d) Within a period not exceeding two working days from the date of receipt of the application for issuance of the Mining Permit, the People's Committee of the province shall decide on issuing or not issuing the Mining Permit. In case of not issuing the Mining Permit, a written response with clear reasons must be given.

đ) Within a period not exceeding one working day from the date the People's Committee of the province decides on issuing or not issuing the Mining Permit, the single-window department shall coordinate with the agency reviewing the application to notify the organization applying for the Mining Permit to receive the result of the application for issuance of the Mining Permit and fulfill related obligations as prescribed.

e) In case of issuance of the Mining Permit, the single-window department shall hand over the Mining Permit to the organization applying for the Mining Permit immediately upon receiving sufficient documents proving the fulfillment of related financial obligations.

Article 7. Extension of Mining Permits

1. The Mining Permit issued to organizations and individuals as prescribed in Clause 1 of Article 72 of the Law on Geology and Minerals shall be considered for extension to exploit the remaining volume of minerals specified in the Mining Permit that has not yet been fully exploited when meeting the following conditions:

a) There is a decision adjusting the investment orientation or a document approving the adjustment of the investment orientation or a decision extending the operation period for mineral exploitation projects required to adjust the investment orientation according to the laws on investment;

b) There is a decision approving the report on the results of environmental impact assessment reports or environmental permits, adjusted or reissued environmental permits according to the laws on environmental protection;

c) As of the date of submitting the application for extension of the Mining Permit, the organization or individual has fulfilled all financial obligations related to the Mining Permit being applied for extension, including: fees for granting the right to exploit minerals; costs for assessing mineral potential and mineral exploration (if any); fees for protecting the environment during mineral exploitation; resource taxes on minerals, and environmental protection deposit during mineral exploitation;

d) There is a file meeting the conditions for acceptance as prescribed in Clause 3 of this Article submitted before the Mining Permit expires.

2. The Mining Permit issued to organizations as prescribed in Clause 2 of Article 72 of the Law on Geology and Minerals shall be considered for extension to exploit the remaining volume of minerals specified in the Mining Permit that has not yet been fully exploited when meeting the following conditions:

a) Meeting the conditions prescribed in points c and d of Clause 1 of this Article;

b) Projects and works using minerals specified in the Mining Permit must still have a term (including extended and adjusted terms) at least equal to the time of extending the Mining Permit.

3. The application for extension of the Mining Permit shall be established in one set and submitted to the single-window department. The application includes:

a) Original: Document requesting extension of the Mining Permit; map of the current status of the mineral exploitation area at the time of requesting extension of the Mining Permit; report on the results of mineral exploitation activities up to the time of requesting extension of the Mining Permit; subsequent mineral exploitation plan;

b) Original or certified copy or copy accompanied by the original for comparison or electronic copy certified from the original: Approved mineral exploitation project adjusted according to the laws for cases prescribed in Clause 1 of Article 72 of the Law on Geology and Minerals; document extending the implementation time of projects and works using minerals specified in the Mining Permit for cases prescribed in Clause 2 of Article 72 of the Law on Geology and Minerals; documents proving the fulfillment of all obligations as prescribed in point c of Clause 1 of this Article.

4. The procedures for extending the Mining Permit for organizations and individuals as prescribed in Clause 1 of Article 72 of the Law on Geology and Minerals shall be carried out as follows:

a) Within a period not exceeding ten days from the date of receipt of the application, the agency reviewing the application shall be responsible for checking and reviewing the documents, files, and related contents regarding the extension of the Mining Permit; inspecting on-site; if necessary, sending a document seeking opinions from the specialized agency under the People's Committee of the province on the extension of the Mining Permit.

The on-site inspection date shall be decided by the agency reviewing the application but must be completed before submitting the application for extension of the Mining Permit to the People's Committee of the province;

b) Within a period not exceeding five working days from the date the agency reviewing the application has a document seeking opinions as provided for in point a of this clause, the agency whose opinion is sought shall be responsible for replying in writing on matters related thereto. After the deadline stipulated in this clause, if the agency whose opinion is sought does not provide a written reply, it shall be deemed to have agreed and shall bear responsibility for the contents related to the application for extension of the Mining Permit.

c) Within a period not exceeding three working days from the date of completing the contents prescribed at points a and b of this clause, the agency responsible for reviewing the application must complete the review of the documents, files, extension period, and other relevant contents related to the extension of the mining permit; submit the application for extension of the mining permit to the People's Committee of the province.

d) Within a period not exceeding three working days from the date of receiving the application for extension of the mining permit, the People's Committee of the province shall decide on the extension or non-extension of the mining permit. In case of non-extension of the mining permit, a written response must be provided with clear reasons stated.

đ) Within a period not exceeding two working days from the date of the People's Committee of the province deciding on the extension or non-extension of the mining permit, the single-window agency, in charge, shall coordinate with the agency responsible for reviewing the application to notify the organization or individual requesting the extension of the mining permit to receive the result of the application for extension of the mining permit and fulfill the relevant obligations as prescribed.

e) In case the organization or individual is granted an extension of the mining permit, within a period of two working days from the date of receiving all documents proving the fulfillment of related financial obligations, the single-window agency shall hand over the extended mineral extraction permit to the organization or individual.

5. The procedures and formalities for extending the mining permit for organizations as stipulated in Clause 2, Article 72 of the Law on Geology and Mineral Resources shall be implemented as follows:

a) Within a period not exceeding five working days from the date of receiving the application, the agency responsible for reviewing the application shall be responsible for checking and reviewing the documents, files, and relevant contents related to the extension of the mining permit; conducting on-site inspections; if necessary, sending a document to seek the opinion of the project investor or construction project using minerals regarding the extension of the mining permit.

The on-site inspection date shall be decided by the agency reviewing the application but must be completed before submitting the application for extension of the Mining Permit to the People's Committee of the province;

b) Within a period not exceeding three working days from the date the agency responsible for reviewing the application issues the document seeking opinions as prescribed at point a of this clause, the agency whose opinion is sought shall provide a written response to the relevant issues. After the deadline specified in this clause, if the agency whose opinion is sought does not provide a written response, it shall be deemed to have agreed and shall bear responsibility for the relevant contents in the application for extension of the mining permit.

c) Within a period not exceeding two working days from the date of completing the contents prescribed at points a and b of this clause, the agency responsible for reviewing the application must complete the review of the documents, files, extension period, and other relevant contents related to the extension of the mining permit; submit the application for extension of the mining permit to the People's Committee of the province.

d) Within a period not exceeding two working days from the date of receiving the application for extension of the mining permit, the People's Committee of the province shall decide on the extension or non-extension of the mining permit. In case of non-extension of the mining permit, a written response must be provided with clear reasons stated.

đ) Within a period not exceeding one working day from the date of the People's Committee of the province deciding on the extension or non-extension of the mining permit, the single-window agency, in charge, shall coordinate with the agency responsible for reviewing the application to notify the organization requesting the extension of the mining permit to receive the result of the application for extension of the mining permit and fulfill the relevant obligations as prescribed.

e) In case the extension of the mining permit is granted, the single-window agency shall hand over the extended mineral extraction permit to the organization requesting the extension upon receipt of all documents proving the fulfillment of related financial obligations.

6. In cases where the mining permit expires during the review and consideration of its extension:

a) The organization or individual extracting minerals must stop mineral extraction until the mining permit is extended. If the mining permit is not extended, the organization or individual extracting minerals must fulfill their obligations as prescribed when the mining permit ceases to be effective.

b) The agency responsible for reviewing the application shall continue to review and submit to the People's Committee of the province for the extension of the mining permit if the application for extension of the mining permit meets the conditions prescribed in Clauses 1 and 2 of this Article.

7. The application for extension of the mining permit as prescribed in Model No. 1 of the Appendix promulgated together with this Decree; the mineral exploitation plan continues to be prescribed in Model No. 4 of the Appendix promulgated together with this Decree; the report on the results of mineral exploitation activities up to the date of applying for the extension of the mining permit shall be implemented according to Point h, Clause 4, Article 73 of the Law on Geology and Mineral Resources and the regulations of the Minister of Natural Resources and Environment.

Article 8. Adjustment of Mining Licenses

1. Organizations and individuals mining minerals must adjust their mining licenses when they fall under any of the following circumstances:

a) Changing the quantity (reserves) of minerals specified in the license;

b) Expanding the area, changing the depth of mineral extraction;

c) Returning part of the mining area's area;

d) Increasing the capacity of mineral extraction;

đ) Reducing the capacity of mineral extraction while extending the mining period beyond the period stipulated in the mining license;

e) The organization or individual granted the mining license changes its name;

g) Part of the mining area is declared as a prohibited mineral activity zone or a temporarily prohibited mineral activity zone;

h) Changing or supplementing the project or construction using minerals for cases where the mining license is issued to organizations as stipulated in Clause 2, Article 72 of the Law on Geology and Minerals;

2. Mining licenses issued to organizations and individuals as stipulated in Clause 1, Article 72 shall be reviewed for adjustment if they meet the following conditions:

a) There is a decision adjusting the investment orientation or a document approving the adjustment of the investment orientation or a decision extending the operation period for mineral exploitation projects required to adjust the investment orientation according to the laws on investment;

b) There is a decision approving the report on the results of environmental impact assessment reports or environmental permits, adjusted or reissued environmental permits according to the laws on environmental protection;

c) For the cases specified in Points a and b of Clause 1 of this Article, there must be survey and evaluation results of general information on Group IV minerals in the expanded or deeper areas of the mining site;

d) For the cases specified in Points a, b, c, d, đ, and h of Clause 1 of this Article, at the time of submitting the application for adjusting the mining license, the organization or individual has fully fulfilled their financial obligations related to the mining license being adjusted, including: mineral exploitation rights fees; costs for assessing mineral potential and exploration (if applicable); environmental protection fees during mineral exploitation; resource taxes on minerals; environmental protection deposit during mineral exploitation;

đ) Having a complete set of documents meeting the requirements as stipulated in Clause 4 of this Article;

3. Mining licenses issued to organizations as stipulated in Clause 2, Article 72 shall be reviewed for adjustment if they meet the following conditions:

a) Meeting the conditions specified in Points c, d, and đ of Clause 1 of this Article;

b) For cases where the mining license adjustment includes an extension of the mining period, the project or construction using minerals specified in the mining license must still have a remaining term (including extensions and adjustments) not less than the adjusted mining period;

c) For the case specified in Point h of Clause 1 of this Article, the project or construction using minerals proposed to be changed or supplemented in the mining license must be carried out by the organization granted the mining license as the contractor;

4. The application dossier for adjusting the mining license shall be compiled into one set submitted to the one-stop service center. The dossier components include:

a) Originals: Request letter for adjusting the mining license; current status map of the mineral mining area at the time of applying for the adjustment of the mining license, except for the case specified in Point e of Clause 1 of this Article; report on the results of mineral exploitation activities up to the time of applying for the adjustment of the mining license, except for the case specified in Point e of Clause 1 of this Article; subsequent mineral exploitation plan, except for the case specified in Point e of Clause 1 of this Article; closure plan for part of the mining area for the cases specified in Points c and g of Clause 1 of this Article;

b) Originals or certified copies or copies with original counterparts for comparison or certified electronic copies from the originals of documents proving the fulfillment of all obligations as stipulated in Point d of Clause 2 of this Article; adjusted mineral exploitation project approved according to the law for the cases specified in Article 72 of the Law on Geology and Minerals, except for the case specified in Point e of Clause 1 of this Article; approval documents, selection as contractors for projects, constructions, and mineral usage for the cases of adjusting the mining license specified in Point h of Clause 1 of this Article; documents and materials related to the change of name for the cases specified in Point e of Clause 1 of this Article;

5. The procedures and formalities for adjusting mining licenses for organizations and individuals as stipulated in Clause 1, Article 72 of the Law on Geology and Minerals shall be implemented as follows:

a) Within no more than 10 days from the date of receiving the dossier, the dossier examination agency is responsible for checking and reviewing relevant documents, dossiers, and contents related to the adjustment of the mining license; conducting on-site inspections for the cases specified in Points b, c, and g of Clause 1 of this Article. If necessary, sending letters to seek opinions from specialized agencies on construction, culture, forestry, dike management, water resources, hydropower, religion, transportation, telecommunications, national defense, and security under the provincial People's Committee regarding the mineral activity prohibition zones, temporarily prohibited mineral activity zones, and related contents to the adjustment of the mining license for the cases specified in Point b of Clause 1 of this Article; seeking opinions from construction specialized agencies under the provincial People's Committee on the contents of the adjustment of the mining license for the cases specified in Points a, b, d, and đ of Clause 1 of this Article;

The on-site inspection date is decided by the dossier examination agency but must be completed before submitting the dossier for adjusting the mining license to the provincial People's Committee;

b) Within no more than five working days from the date the dossier examination agency issues the opinion-seeking letter as stipulated in Point a of this clause, the agency sought for opinions is responsible for responding in writing to the relevant issues. After the deadline stipulated in this clause, if the agency sought for opinions does not provide a written response, it is considered to have agreed and must bear responsibility for the related contents in the dossier for adjusting the mining license;

c) In the case provided for in Point c and Point g Clause 1 of this Article, within a period not exceeding three working days from the date of receiving all opinions of relevant agencies as stipulated in Points a and b of this Clause, the agency reviewing the application must submit the closure plan of the mineral mine to the Appraisal Council for appraisal in accordance with Article 45 of Decree No. 158/2016/NĐ-CP.

d) Within a period not exceeding three working days from the date of completing the contents prescribed in Points a, b, and c of this Clause, the agency reviewing the application must complete the review of the documents, files, proposed adjustments, and other related contents concerning the adjustment of the mining permit and the determination of the adjusted mining right fee (if applicable); submit the application for adjustment of the mining permit (simultaneously approve the partial closure plan of the mining area for the cases provided for in Points c and g Clause 1 of this Article), approve the adjustment of the mining right fee (if applicable) to the People's Committee of the province.

đ) Within a period not exceeding three working days from the date of receiving the application for adjustment of the mining permit, the People's Committee of the province shall decide on the adjustment or non-adjustment of the mining permit. In the case of non-adjustment of the mining permit, it must reply in writing and specify the reasons.

e) Within a period not exceeding two working days from the date the People's Committee of the province decides on the adjustment or non-adjustment of the mining permit, the single-window unit shall be responsible for coordinating with the agency reviewing the application to notify the organization or individual requesting the adjustment of the mining permit to receive the result of the application for adjustment of the mining permit and perform related obligations as prescribed.

g) In the case where the organization or individual has their mining permit adjusted, within a period of two working days from the date of receiving the documents proving the fulfillment of related financial obligations, the single-window unit shall hand over the decision on the adjustment of the mining permit to the organization or individual.

6. The procedure and process for adjusting the mining permit for organizations as stipulated in Clause 2 of Article 72 of the Law on Geology and Minerals shall be implemented as follows:

a) Within a period not exceeding five working days from the date of receiving the application, the agency reviewing the application shall be responsible for checking and reviewing the documents, files, and contents related to the adjustment of the mining permit; conduct on-site inspections for the cases provided for in Points b, c, and g Clause 1 of this Article. If necessary, send a letter to seek the opinion of specialized agencies under the People's Committee of the province regarding the prohibited areas for mineral activities, temporarily prohibited areas for mineral activities, and related contents concerning the adjustment of the mining permit for the cases provided for in Point b Clause 1 of this Article; seek the opinion of the project or construction investor regarding the use of minerals for the cases provided for in Point h Clause 1 of this Article.

The on-site inspection date is decided by the dossier examination agency but must be completed before submitting the dossier for adjusting the mining license to the provincial People's Committee;

b) Within a period not exceeding three working days from the date the agency reviewing the application sends the letter seeking opinions as stipulated in Point a of this Clause, the agency sought for opinions shall be responsible for replying in writing on the related issues. After the deadline specified in this Clause, if the agency sought for opinions does not provide a written reply, it will be deemed to have agreed and must bear responsibility for the related contents in the application for adjustment of the mining permit.

c) In the case provided for in Point c and Point g Clause 1 of this Article, within a period not exceeding three working days from the date of receiving all opinions of relevant agencies as stipulated in Points a and b of this Clause, the agency reviewing the application must submit the closure plan of the mineral mine to the Appraisal Council for appraisal in accordance with Article 45 of Decree No. 158/2016/NĐ-CP.

d) Within a period not exceeding two working days from the date of completing the contents prescribed in Points a, b, and c of this Clause, the agency reviewing the application must complete the review of the documents, files, proposed adjustments, and other related contents concerning the adjustment of the mining permit and the determination of the adjusted mining right fee (if applicable); submit the application for adjustment of the mining permit (simultaneously approve the partial closure plan of the mining area for the cases provided for in Points c and g Clause 1 of this Article), approve the adjustment of the mining right fee (if applicable) to the People's Committee of the province.

đ) Within a period not exceeding two working days from the date of receiving the application for adjustment of the mining permit, the People's Committee of the province shall decide on the adjustment or non-adjustment of the mining permit. In the case of non-adjustment of the mining permit, it must reply in writing and specify the reasons.

e) Within a period not exceeding one working day from the date the People's Committee of the province decides on the adjustment or non-adjustment of the mining permit, the single-window unit shall be responsible for coordinating with the agency reviewing the application to notify the organization requesting the adjustment of the mining permit to receive the result of the application for adjustment of the mining permit and perform related obligations as prescribed.

g) In the case where the organization has its mining permit adjusted, the single-window unit shall hand over the decision on the adjustment of the mining permit to the organization requesting the adjustment of the permit immediately upon receiving the documents proving the fulfillment of related financial obligations.

7. In the case where the mining permit expires during the review and consideration of the adjustment:

a) The organization or individual exploiting minerals must stop mineral exploitation until the mining permit is adjusted (including the adjustment of the exploitation period). In the case where the mining permit is not adjusted, the organization or individual exploiting minerals must fulfill the obligations as prescribed when the mining permit expires.

b) The agency reviewing the application shall continue to review and submit to the People's Committee of the province for the adjustment of the mining permit if the application for adjustment of the mining permit meets the conditions as prescribed in Clause 1 of this Article.

8. In cases provided for in points c and g of Clause 1 of this Article, after the provincial People's Committee decides to adjust the mining exploitation permit, the organization or individual exploiting minerals must implement the mine closure plan, report to the competent state management agency for acceptance and issue the decision to close the mineral mine in accordance with Articles 74 and 75 of the Minerals Law dated November 17, 2010, and Article 46 of Decree No. 158/2016/NĐ-CP.

9. The request for adjustment of the mining exploitation permit as specified in Model No. 2 attached to this Decree; the subsequent mineral exploitation plan as specified in Model No. 4 attached to this Decree; the partial closure plan of the mining exploitation area as specified in Model No. 5 attached to this Decree; the decision on adjusting the mining exploitation permit as specified in Model No. 6 attached to this Decree; the report on the results of mineral exploitation activities up to the time of requesting the adjustment of the mining exploitation permit shall be carried out in accordance with point h of Clause 4 of Article 73 of the Geology and Mineral Resources Law and the regulations of the Minister of Natural Resources and Environment.

Article 9. Return of Mining Exploitation Permit

1. The mining exploitation permit may be considered for return when the organization or individual has submitted the necessary documents meeting the conditions stipulated in Clause 2 of this Article before the expiration date of the mining exploitation permit.

2. The application for returning the mining exploitation permit shall be compiled into one set and submitted to the one-stop service center. The application dossier includes the original: Request for returning the mining exploitation permit; current status map of the mineral exploitation area at the time of requesting the return of the mining exploitation permit; report on the results of mineral exploitation activities up to the time of requesting the return of the mining exploitation permit; mine closure plan.

3. The procedures and formalities for returning the mining exploitation permit shall be implemented as follows:

a) Within ten days from the date of receiving the dossier, the dossier examination authority shall be responsible for checking and reviewing all relevant documents and contents related to the return of the mining exploitation permit; conducting on-site inspections; sending a letter to seek opinions from the specialized agencies under the provincial People's Committee regarding the return of the mining exploitation permit.

The on-site inspection date shall be determined by the dossier examination authority but must be completed before submitting the dossier for returning the mining exploitation permit to the provincial People's Committee;

b) Within five working days from the date the dossier examination authority sends the letter seeking opinions as stipulated in point b of this clause, the agency sought for opinions shall be responsible for replying in writing about the relevant issues. After the deadline stipulated in this clause, if the agency sought for opinions does not provide a written reply, it will be deemed to have agreed and shall bear responsibility for the relevant contents in the dossier for returning the mining exploitation permit;

c) Within three working days from the date of receiving all relevant opinions from the agencies as stipulated in points a and b of this clause, the dossier examination authority must submit the mine closure plan for review by the Review Board in accordance with Article 45 of Decree No. 158/2016/NĐ-CP;

d) Within five working days from the completion of the contents stipulated in points b, c, and d of this clause, the dossier examination authority must complete the review of all relevant documents and contents related to the return of the mining exploitation permit; submit the dossier for returning the mining exploitation permit together with the approval of the mine closure plan to the provincial People's Committee;

đ) Within three working days from the date of receiving the dossier for returning the mining exploitation permit, the provincial People's Committee shall decide whether to allow or not to allow the return of the mining exploitation permit. In case of not allowing the return of the mining exploitation permit, a written response must be given with clear reasons;

e) Within two working days from the date the provincial People's Committee decides to allow or not to allow the return of the mining exploitation permit, the one-stop service center shall take the lead and coordinate with the dossier examination authority to notify the organization or individual requesting the return of the mining exploitation permit to receive the result of the dossier processing and fulfill related obligations as prescribed;

g) In case the organization or individual is allowed to return the mining exploitation permit, within two working days from the date of receiving the proof of fulfillment of related financial obligations, the one-stop service center shall hand over the decision allowing the return of the mining exploitation permit to the organization or individual.

4. After being allowed to return the mining exploitation permit by the provincial People's Committee, the organization or individual exploiting minerals must implement the mine closure plan, report to the competent state management agency for acceptance and issue the decision to close the mineral mine in accordance with Articles 74 and 75 of the Minerals Law and Article 46 of Decree No. 158/2016/NĐ-CP.

5. The request for returning the mining exploitation permit as specified in Model No. 3 attached to this Decree; the mine closure plan as specified in Model No. 5 attached to this Decree; the decision allowing the return of the mining exploitation permit as specified in Model No. 7 attached to this Decree; the report on the results of mineral exploitation activities up to the time of requesting the return of the mining exploitation permit shall be carried out in accordance with point h of Clause 4 of Article 73 of the Geology and Mineral Resources Law and the regulations of the Minister of Natural Resources and Environment.

Article 10. Revocation and Termination of Mining Exploitation Licenses

1. Mining exploitation licenses shall be revoked in the following cases:

a) The license was issued beyond the authority or contains contents contrary to the provisions of the law;

b) The mining area permitted for exploitation has been declared as a prohibited mineral activity zone or a temporarily prohibited mineral activity zone;

c) When the competent state agency decides to reclaim the entire land area granted under the mining exploitation license for other purposes according to the laws on land and other relevant laws;

d) For mining exploitation licenses issued to organizations as stipulated in Clause 2, Article 72 of the Law on Geology and Minerals, if within six months from the date the project or construction using minerals recorded in the mining exploitation license ceases operation, or the investment certificate is revoked, or the business registration certificate is revoked, or the investment permit is revoked, or the PPP project contract is terminated according to the laws on investment, public investment, and public-private partnership, and the organization holding the mining exploitation license does not submit a valid application to adjust the license as prescribed in Point h, Clause 1, Article 8 of this Decree to the competent state management agency;

2. Mining exploitation licenses shall terminate their validity in the following cases:

a) The license is revoked;

b) The license has expired but does not meet the conditions for renewal;

c) The license is returned;

d) The mining exploitation organization is dissolved or bankrupt;

đ) The mining exploitation organization or individual has their business registration certificate, cooperative registration certificate, association of cooperatives registration certificate, or household business registration certificate revoked according to the laws on enterprises and cooperatives;

e) The mining exploitation organization or individual as stipulated in Clause 1, Article 72 of the Law on Geology and Minerals has their mineral exploitation investment project operation terminated by the competent state management agency according to the laws on investment;

g) The mining exploitation organization or individual has all the land areas in the mining exploitation zone reclaimed by the competent state management agency due to violation of the laws on land;

h) According to the court judgment or arbitration award;

3. Organizations or individuals who discover the case as prescribed in Point a, Clause 1 of this Article shall have the responsibility to notify the People's Committee of the province to carry out the procedures for revoking the mining exploitation license;

4. The procedures for revoking the mining exploitation license shall be carried out as follows:

a) Within no more than sixty days from the date of discovery or receipt of notification as prescribed in Point a, Clause 1 of this Article, the specialized agency on geology and minerals under the People's Committee of the province shall take the lead and coordinate with related agencies to verify and clarify the contents that exceed authority or contravene the law; compile and submit to the People's Committee of the province the dossier for revoking the mining exploitation license as prescribed in Clause 5 of this Article;

Within no more than twenty days from the date the competent authority announces the prohibited mineral activity zone or temporarily prohibited mineral activity zone, or reclaims the entire land area for mineral activities as prescribed in Points b and c, Clause 1 of this Article, the specialized agency on geology and minerals under the People's Committee of the province shall compile and submit to the People's Committee of the province the dossier for revoking the mining exploitation license as prescribed in Clause 5 of this Article;

b) Within no more than seven working days from the date of receiving the dossier for revoking the mining exploitation license, the People's Committee of the province shall issue the decision to revoke the mining exploitation license;

c) Within no more than five working days from the date the People's Committee of the province issues the decision to revoke the mining exploitation license, the specialized agency on geology and minerals under the People's Committee of the province shall publicly announce the revocation of the mining exploitation license on the provincial People's Committee's electronic portal, simultaneously sending a written notice terminating the validity of the revoked license and requiring the mining exploitation organization or individual to fulfill the obligation to close the mineral mine and other obligations related to the terminated license;

5. The dossier for revoking the mining exploitation license includes:

a) A report or application form detailing the reasons, results of reviewing and inspecting related documents, and proposing the revocation or non-revocation of the mining exploitation license;

b) Notification documents from organizations or individuals as prescribed in Clause 3 of this Article for the case as prescribed in Point a, Clause 1 of this Article;

c) Verification records and documents clarifying the contents that exceed authority or contravene the law for the case as prescribed in Point a, Clause 1 of this Article;

d) Copies of decisions approving the prohibited mineral activity zones or temporarily prohibited mineral activity zones for the case as prescribed in Point b, Clause 1 of this Article;

đ) Copies of land reclamation decisions by the competent state agency for the case as prescribed in Point c, Clause 1 of this Article;

e) Draft Decision to Revoke the Mining Exploitation License;

6. Organizations or individuals whose mining exploitation licenses are revoked shall have the obligation to implement the closure of the mineral mine according to the law;

7. The Decision to Revoke the Mining Exploitation License is specified in Model No. 8 attached to this Decree.

Article 11. Handling excess minerals group IV for mining permits granted to organizations specified in Clause 2 of Article 72 of the Law on Geology and Minerals Article 11. Handling excess minerals group IV for mining permits granted to organizations specified in Clause 2 of Article 72 of the Law on Geology and Minerals

1. Organizations specified in Clause 2 of Article 72 of the Law on Geology and Minerals shall only be permitted to use minerals group IV for projects and works using minerals as stipulated in the mining permit.

2. In cases where projects and works using minerals as stipulated in the mining permit no longer require such minerals, the excess minerals shall be handled as follows:

a) Supply to other projects and works using minerals after being adjusted by the competent state management agency according to Point h of Clause 1 of Article 8 of this Decree;

b) Supply to other public investment projects after obtaining written approval from the Chairman of the Provincial People's Committee;

c) Use for environmental remediation and restoration according to the environmental remediation and restoration plan in the mineral exploitation plan.

Article 12. Environmental protection, remediation, and restoration during the exploitation of minerals group IV

1. Organizations and individuals exploiting minerals as specified in Clause 1 of Article 72 of the Law on Geology and Minerals must comply with environmental procedures and implement environmental protection measures during mineral exploitation in accordance with laws on environmental protection.

2. Organizations exploiting minerals as specified in Clause 2 of Article 72 of the Law on Geology and Minerals must fulfill the following requirements:

a) Develop an environmental remediation and restoration plan in the mineral exploitation plan;

b) Deposit a bond for environmental remediation and restoration during mineral exploitation in accordance with laws on environmental protection;

c) Implement environmental protection measures during the exploitation process; carry out environmental remediation and restoration according to the environmental remediation and restoration plan in the mineral exploitation plan upon completion of mineral exploitation.

3. The refund of the environmental remediation and restoration bond to mineral exploitation organizations shall be carried out in accordance with laws on environmental protection.

CHAPTER III

IMPLEMENTATION PROVISIONS

Article 13. Amending and supplementing Clause 1 of Article 22 of Decree No. 158/2016/NĐ-CP dated November 29, 2016 of the Government detailing certain provisions of the Law on Minerals, amended and supplemented by Decree No. 67/2019/NĐ-CP dated July 31, 2019, and Decree No. 22/2023/NĐ-CP dated May 12, 2023 of the Government

Supplement Point h of Clause 1 of Article 22 as follows:

"h. Areas of minerals group IV delineated for consideration and issuance of mining permits to organizations approved by the competent state management agency as contractors for national key projects, urgent public investment projects, works, and components of works under national target programs in accordance with laws on public investment; implement emergency mobilization measures to promptly respond to emergency situations caused by natural disasters and construction of disaster prevention and control works in accordance with laws on disaster prevention and control."

Article 14. Transitional Provisions

1. Organizations and individuals who have been accepted by competent state agencies to submit applications for exploration permits and mining permits for mineral types specified in Point d of Clause 1 of Article 6 of the Law on Geology and Minerals but have not yet received results of their application files may choose to follow the procedures and regulations stipulated at the time of file acceptance or the provisions of this Decree.

2. Organizations and individuals who have been issued exploration permits for mineral types specified in Point d of Clause 1 of Article 6 of the Law on Geology and Minerals, where the exploration permits are still valid and have not been approved for mineral reserves, may choose to continue exploration according to the issued exploration permit or conduct general surveys and assessments of information on minerals group IV as stipulated in Point a of Clause 1 of Article 73 of the Law on Geology and Minerals and the provisions of this Decree.

3. Mining permits for mineral types specified in Point d of Clause 1 of Article 6 of the Law on Geology and Minerals issued before the effective date of this Decree shall be implemented as follows:

a) Continue implementing the provisions in the mining permit;

b) Renewal, adjustment, return, and revocation of mining permits shall be carried out in accordance with the provisions of this Decree.

Article 15. Implementation Provisions

1. This Decree takes effect from January 15, 2025.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial people's committees, and related organizations and individuals are responsible for enforcing this Decree.

ANNEX
TRẢ LẠI, THU HÚT GIẤY PHÉP KHAI THÁC KHOÁNG SẢN NHÓM I
Văn phòng Nghị định số 11/2025/NĐ-CP

ngày 15 tháng 01 năm 2025 của Chính phủ

Mẫu số 1: Văn bản đề nghị gia hạn giấy phép khai thác

Địa danh, ngày... tháng... năm...

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

VĂN BẢN ĐỀ NGHỊ GIA HẠN

GIẤY PHÉP KHAI THÁC KHOÁNG SẢN NHÓM IV
Kính gửi: Ủy ban nhân dân tỉnh (thành phố) …

(Tên tổ chức, cá nhân)

Được phép khai thác …(tên khoáng sản)… tại xã …, huyện …, tỉnh … theo Giấy phép khai thác khoáng sản nhóm IV số … ngày … tháng … năm … của Ủy ban nhân dân tỉnh (thành phố) …

Telephone: …Fax: …

Khối lượng (trữ lượng) khoáng sản được phép khai thác: …(tấn, m³,...).

Khối lượng (trữ lượng) khoáng sản còn lại đến thời điểm đề nghị gia hạn: …(tấn, m³,...).

Đề nghị gia hạn thời gian khai thác: …(số năm khai thác)… năm, đến ngày … tháng … năm …

(có kế hoạch khai thác giri kèm theo).

(having a plan for exploiting giri attached).

…(Name of organization, individual)… commits to comply with the regulations on geology and minerals and other related laws.

Organization, individual (Signature, stamp)

1. The type of mineral allowed for exploitation as specified in the issued mining permit. 2. Total number of years for mineral exploitation from the issuance of the mining permit to the end of the requested extension period.

3

Form No. 2: Document requesting adjustment of the mining permit

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

VĂN BẢN ĐỀ NGHỊ GIA HẠN

DOCUMENT REQUESTING ADJUSTMENT
Kính gửi: Ủy ban nhân dân tỉnh (thành phố) …

(Tên tổ chức, cá nhân)

Khối lượng (trữ lượng) khoáng sản được phép khai thác: …(tấn, m³,...).

Request to adjust …(content to be adjusted)…of the Mining Permit as follows:

... (content according to the Group IV Mining Permit already issued) ...

... (content of the request for adjustment)…

Reason for requesting adjustment: …

…(Name of organization, individual)…affirms compliance with the regulations on geology and minerals and other related laws.

Organization, individual

Type of mineral allowed for exploitation as specified in the multi-level mining permit

"The contents to be adjusted include one or more of the following:

Adjustment of the volume of minerals specified in the permit

Adjustment of the area and depth of mineral exploitation;

Returning part of the exploitation area:

Adjustment to increase the capacity of mineral exploitation:

Adjustment to decrease the capacity of mineral exploitation, extending the exploitation period

Change the name of the entity/person granted the mining permit;

Change the project or construction using minerals (only applicable in cases where the mining permit is granted to organizations as stipulated in Clause 2, Article 72 of the Law on Geology and Minerals).

4

Form No. 3: Document requesting return of the mining permit

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

Place, date... month... year...

DOCUMENT REQUESTING RETURN
Kính gửi: Ủy ban nhân dân tỉnh (thành phố) …

Respectfully submitted to: Provincial People's Committee (city) …

Được phép khai thác …(tên khoáng sản)… tại xã …, huyện …, tỉnh … theo Giấy phép khai thác khoáng sản nhóm IV số … ngày … tháng … năm … của Ủy ban nhân dân tỉnh (thành phố) …

Address: …, Fax: …

Has been permitted by the Provincial People's Committee (city) …to exploit minerals …(name of mineral)…under the Group IV Mining Permit No…issued on …month…year…in the area …mine…(name of mine)…located in …commune…district…province (city) …

Request to return the aforementioned Group IV Mining Permit (The area to be returned has coordinates of the closed points shown on the map of the mining area attached).

…(Name of organization, individual)… commits to comply with the regulations on geology and minerals and other related laws.

Organization, individual (Signature, stamp)

Name recorded in the mining permit

Form No. 4: Plan for subsequent mineral exploitation

Plan
Exploitation of minerals in the subsequent period

Respectfully submitted to: Provincial People's Committee (city) …

1. Description of the current status of the area already permitted for exploitation, specifically including:

2. Transportation and auxiliary processes during mineral exploitation,

3. Environmental protection facilities (if any)

I. Plan for subsequent mineral exploitation

1. Method of continued exploitation…

2. Area of continued exploitation:…(m², ha, km²)

3. Depth of continued exploitation from level …m, to level …m.

4. Volume (quantity) of continued exploitation:

Of which, the expected production volume for continued exploitation each year is as follows:

I

5. Continued exploitation capacity:…(tons/year, m³/year, m³/day-night),

6. Duration of continued exploitation:…months/year (from the day…month…year…to the day…month…year…).

…(Name of organization, individual)… commits to comply with the regulations on geology and minerals and other related laws.

Organization, individual (Signature, stamp)

Form No. 5: Mine Closure Project, Closure of Part of the Exploitation Area

(NAME OF THE ENTITY, INDIVIDUAL EXPLOITING MINERALS) **

MINE CLOSURE PROJECT
(PROJECT FOR PARTIAL CLOSURE OF THE EXPLOITATION AREA)
(Name of the mineral mine, located in commune…, district…, province…)

Place, year...

(Name of the organization, individual exploiting minerals)

MINE CLOSURE PROJECT
(PROJECT FOR PARTIAL CLOSURE OF THE EXPLOITATION AREA)
(Name of the mineral mine, located in commune…, district…, province…)

Place, year...

MAIN CONTENTS OF THE MINE CLOSURE PROJECT, PARTIAL CLOSURE OF THE EXPLOITATION AREA PROJECT

INTRODUCTION

1. Basis for preparing the mine closure project (project for partial closure of the exploitation area) (referred to collectively as the mine closure project in Model No. 4)

Relevant laws and regulations on minerals;

Mining Permit No…issued on …month…year…

Approved mining exploitation project (plan) at Decision No …issued on ... month …year …by …,

Approved environmental remediation plan at Decision No …issued on ... month …year …by …;

Annual reports on mineral exploitation activities in…(with appendices listed separately);

Collection of topographic maps and cross-sections of the current status prepared according to annual reports on mineral exploitation activities …(with appendices listed separately);

Regulations of the Ministry of Agriculture and Rural Development, Ministry of Construction, and Provincial People's Committee (where mineral exploitation takes place) regarding construction cost norms and tree planting costs.

2. Purpose and tasks of mine closure work

2.1. Purpose

State the purpose of preparing the mine closure project, clarifying whether the mine closure is intended to return the mine to a safe state (such as leveling the slope of the mine boundary, stabilizing the final layer of extraction...) or to protect it due to unexploited mineral reserves within the permitted area or to liquidate all permitted mineral reserves?

2.2. Tasks

Summarize and list the specific tasks that must be achieved in the mine closure work according to the stated purpose, clarifying:

Aggregate and statistically analyze the volume (reserves) of minerals already extracted, remaining volume (reserves) if any, up to the time of project preparation based on the collection of current status maps, cross-sections, and statistical data of volumes (reserves) from the initial construction of the mine to the project preparation stage;

Confirm completion of environmental remediation according to the approved environmental remediation plan, mining exploitation plan; current status of the exploitation area, volume of mine closure works; financial settlement of previously deposited environmental remediation funds;

Calculate and determine specific items and projects; volume of each item and project in the mine closure works; implementation time; implementation costs; specific measures needed during the implementation of the mine closure project.

PART I
Geographic and socio-economic characteristics

1. Geographic and natural characteristics of the mine closure area

Describe the geographical location, coordinates, boundaries... of the site for implementing the project to close the mineral mine. Natural conditions, transportation system; river and stream systems; topographical features..., economic and social conditions, population, and surrounding objects in the mining area.

2. History of mineral mine exploitation

Provide a general overview of the exploitation process from when the Mineral Exploitation Permit was issued until the time the project to close the mine was established.

Chapter II
CURRENT STATUS OF THE AREA TO BE CLOSED

1. Organization of mineral exploitation

Describe the organization of mineral exploitation according to the mineral exploitation permit, thereby clarifying the following contents:

1.1. Basic information about the project and exploitation plan

Clearly state the basic information about the exploitation area (coordinates, area, depth, volume (reserves) approved, recognized, confirmed, volume (reserves) allowed to be exploited, etc.); parameters of the exploitation system calculated and selected according to the content of the project and exploitation plan.

1.2. Results of organizing exploitation in reality

Clearly describe the organization of exploitation according to the project and exploitation plan, issues arising during the exploitation concerning geological-mining conditions, changes in volume (reserves) and reasons; changes compared to the design (if any) regarding exploitation technology, main exploitation equipment, etc., including the following information:

Provide a general overview of the mine: progress and volume (reserves) exploited annually and throughout the entire exploitation period, volume (reserves) of minerals and mine life;

Detail the volume (reserves) of minerals exploited annually from when the Mineral Exploitation Permit was granted until the mine closure date; clarify the residual factor, actual depletion rate of minerals annually, increase/decrease in the depletion rate compared to the approved project and exploitation plan. In cases where there are differences (increase/decrease) between the actual volume (reserves) exploited and the volume (reserves) mobilized into the design, clearly state the reasons; attach supporting documents to prove the figures stated;

Describe the exploitation method, exploitation procedure, technology used in exploitation. Sequence and exploitation system; parameters of the exploitation system; transportation work within and outside the mine; information about the mine's waste dump (if any) regarding location, capacity, total volume of overburden, etc.;

Describe the organization of construction of environmental protection works, environmental restoration activities from the start to the end of exploitation according to the Environmental Impact Assessment Report, Environmental Protection Commitment Letter, Environmental Restoration Plan, Approved Mining Exploitation Plan;

Evaluation of the organization of exploitation.

2. Current status of the area proposed for closure

Describe the current status of mining works, including: Open pit area, screening, processing (if any), waste dump, industrial and auxiliary areas...; environmental protection works, environmental treatment works during exploitation, specifically:

Describe the current geological structure; assess and forecast the potential for subsidence, landslides, fracturing of geological layers, lowering of groundwater levels, surface water, rivers, lakes; environmental incidents... during exploitation;

Volume (reserves) of minerals approved; volume (reserves) of minerals mobilized into the design for exploitation, actual volume (reserves) of minerals exploited, loss and depletion rate of minerals up to the proposed mine closure date; total volume of overburden and current status of waste dumps at the proposed mine closure date (if any);

If the characteristics of the terrain and topography of the area proposed for mine closure;

Current status of the area planned for mine closure at the time the project is established: Quantity, volume, and safety level of mine structures;

Current status of environmental protection works, environmental restoration work of the mining project from the start to the end of exploitation according to the Environmental Impact Assessment Report, Environmental Protection Commitment Letter, Environmental Restoration Plan, Approved Mining Exploitation Plan;

3. Reasons for closing the mine (clarify the following cases):

Closure of the entire or part of the permitted mine area due to the exhaustion of the volume (reserves) of minerals within the permitted area;

Closure to protect the mine due to non-exploitation or partial exploitation of the permitted volume (reserves) of minerals; reasons (ineffective exploitation, violation of mineral laws or related laws by the exploiting entity or individual...).

Chapter III
METHODS AND QUANTITIES OF WORKS
CLOSING THE MINERAL MINE

1. Mine closure plan

Based on the current status of the area proposed for mine closure, the environmental restoration plan, supplementary environmental restoration plan, approved mining exploitation plan, the proposing entity should develop a mine closure plan consistent with local land use planning and environmental planning; ensuring no environmental incidents, community health issues, and compliance with other relevant regulations.

In cases where the mine closure plan differs from the environmental restoration plan, supplementary environmental restoration plan, and approved mining exploitation plan, the reasons for the changes must be explained and clarified.

2. Quantities of mine closure works

Based on the selected mine closure plan, calculate specifically,

Type, quantity of work and measures to implement mine closure tasks, clearly stating measures to protect unexploited minerals (if any).

The amount of work that must be carried out to ensure safety after mine closure and the accompanying statistical table.

Remedies, volume of rehabilitation, environmental restoration according to the rehabilitation and environmental restoration plan, additional rehabilitation and environmental restoration plan, mineral exploitation plan that have been approved; remedies, volume of work for rehabilitation and environmental restoration that differ from the rehabilitation and environmental restoration plan, additional rehabilitation and environmental restoration plan, mineral exploitation plan that have been approved, consistent with the current status of the mine at the time of establishing the closure project proposal.

Prepare a statistical table of equipment, machinery, raw materials needed to implement the mine closure project.

Recommendations on the protection or reasonable use of mine structures and mining areas after completing the mine closure work.

Review and adjust monitoring positions, environmental monitoring contents (if committed in the Mineral Exploitation Plan) during the implementation of the mine closure project.

3. Implementation schedule

Implementation schedule and completion time for each specific task.

Determine the total time to implement the mine closure project.

Propose the agency responsible for receiving, managing, and using mine structures and environmental protection facilities after the decision to close the mine is made.

PART IV
ESTIMATED EXPENSES

Expenses for closing the mine and the source of funds to ensure these expenses, including compensation for losses caused by mine closure (note: separate the estimated expenses for implementing construction items at the time of establishing the mine closure project proposal and the costs already incurred for environmental rehabilitation and restoration of construction items according to the rehabilitation and environmental restoration plan, additional rehabilitation and environmental restoration plan, mineral exploitation plan that have been approved).

CHAPTER V
ORGANIZATION OF CONSTRUCTION

Based on the volume and implementation schedule of tasks in the project and the calculated completion time, propose an organization plan for implementing the project. Whether it will be carried out by the exploiting entity or individual themselves or by hiring another entity or individual? Specific methods of organizing and implementing.

CONCLUSION

Recommendations on the protection or reasonable use of mine structures and mining areas after completing the mine closure work.

Other requirements and recommendations (if any),

ANNEX

1. Restoration of drawings

2. Annex related documents and materials

Mining Project (Plan) and approval decision;

Land allocation decision, Land lease contract;

Three-dimensional (3D) map of the space already mined;

Unit prices, norms of relevant ministries and sectors; land use planning map (if any);

All current condition profile drawings and cross-sections at the end of each year of mining operations accompanied by periodic reports on mineral extraction activities;

Mineral and soil sample analysis materials (if any) in the area proposed for mine closure;

Data related to quality (content, mineral composition, chemical, physical properties, etc.) of minerals in the area proposed for mine closure, accompanied by a map showing sampling points and analysis results;

Tables and documents as mentioned in the chapters, Model number 6: Decision to amend the mining permit

Pursuant to …;
Regarding amendment of the Mineral Exploitation Permit

PROVINCE PEOPLE'S COMMITTEE (Municipality)...

Pursuant to the Law on Organization of Local Administration dated June 19, 2015,

Based on the Law on Geology and Minerals dated November 29, 2024;

Pursuant to the Law on Minerals dated November 17, 2010,

Pursuant to Decree No. 158/2016/NĐ-CP dated November 29, 2016 of the Government detailing some provisions of the Law on Minerals;

Pursuant to Decree No. .../2025/NĐ-CP dated ... month ... year 2025 of the Government detailing some provisions of the Law on Geology and Minerals regarding Group IV mineral exploitation;

Pursuant to Circular No. .../2025/TT-BTNMT dated ... month ... year 2025 of the Minister of Natural Resources and Environment detailing some provisions of the Law on Geology and Minerals regarding Group IV mineral exploitation;

Pursuant to the Mineral Exploitation Permit No. .../GP-UBND dated ... month ... year ... of the People's Committee of the province (city) ...;

Considering the application for amending the mineral exploitation permit submitted by ... (Name of entity or individual) ... on ... month ... year ...;

At the request of the Director of the Department

DECISION:

Article 1. Amend... (content, article, clause...) stipulated in Mining License number.../GP-UBND dated... month... year... issued by the People's Committee of Province (city)... granted to... (name of organization, individual)... for mining... (name of mineral)... located in Commune..., District..., Province... as follows:

...(amendment content)...

Name of Department responsible for geological and mineral resources sector.

Article 2: Approve the closure plan for part of the mining area with the main information as follows:

1. Pay related fees and charges according to current regulations (if applicable).

2. Continue mining activities and fulfill relevant obligations as prescribed in Mining License number.../GP-UBND dated... month... year... issued by the People's Committee of Province (city)...

3. Cease mining operations on the returned area and implement the approved partial mining area closure plan; carry out land restoration measures and other related works in accordance with the law.

4. Report the implementation results of the plan to the Department... for inspection and acceptance as prescribed.

5. Complete the mine closure procedures for the returned area after acceptance as prescribed.

Article 4. This Decision takes effect from the date of signing and is an integral part of Mining License number.../GP-UBND dated... month... year... issued by the People's Committee of Province (city)...

The Head of the Office of the People's Committee of Province (city), Director of the Department..., ... (organization, individual)... and relevant agencies shall be responsible for implementing this Decision.

To: Deputy Chairman of the People's Committee of Thanh Hoa Province

... (Name of organization, individual) ... (original copy);

Licensing Authority (original copy):

Authority reviewing the application (original copy):

Relevant Departments (copy):

People's Committee of District... (copy):

People's Committee of Commune... (copy)

3. Apply only to cases specified in point c and point g Clause 1 Article 8 of this Decree.

Clause 3, Clause 4 and Clause 5 of this Article apply only to cases specified in point c and point g Clause 1 Article 8 of this Decree.

Name of Department responsible for geological and mineral resources sector.

Model No. 7: Decision allowing return of mining license

PROVINCE (CITY) ... SOCIALIST REPUBLIC OF VIETNAM
--- Independence - Freedom - Happiness

DECISION On granting permission to return Mining License for Group IV minerals

PROVINCE (CITY) ...

Pursuant to the Law on Organization of Local Administration dated June 19, 2015,

Based on the Law on Geology and Mineral Resources dated November 29, 2024,

Pursuant to the Law on Minerals dated November 17, 2010,

Pursuant to Decree No. 158/2016/NĐ-CP dated November 29, 2016 of the Government detailing some provisions of the Law on Minerals;

Based on Decree No..../2025/NĐ-CP dated... month... year 2025 of the Government detailing some provisions of the Law on Geology and Mineral Resources regarding mining of Group IV minerals;

Based on Circular No..../2025/TT-BTNMT dated... month... year 2025 of the Minister of Natural Resources and Environment detailing some provisions of the Law on Geology and Mineral Resources regarding mining of Group IV minerals;

Considering the application for returning the mining license submitted by... (Name of organization, individual)... dated... month... year...;

At the proposal of the Director of the Department...

DECISION:

Article 1. Permit... (Name of organization, individual)... to return Mining License number... dated... month... year...

Article 2. Approve the plan to close the mining operation with the main information as follows:

1. Purpose:

3. Volume of work:

Name of number responsible for the geological and mineral resources sector,

5. Implementation budget:

6. Implementing unit:

Article 3. From the date this Decision is signed, …(Name of organization, individual)… must cease mineral extraction activities pursuant to Mineral Extraction Permit number… dated… month… year…and shall be responsible for:

1. Submitting reports on extraction results, related documents, geological samples (if any) to the Department of…province (city)…in accordance with the provisions of the law.

2. Implementing the contents of the plan to close part of the mining area that has been approved; measures to restore the land environment and other related tasks in accordance with the provisions of the law.

3. Reporting the implementation results of the plan to the Department of…for inspection and acceptance in accordance with the regulations.

4. Completing the procedures to close the mining area for the returned area after acceptance in accordance with the regulations.

Article 4. This Decision takes effect from the date of issuance.

The Head of the People's Committee Office of the province (city), Director of the Department of…(organization, individual)…and relevant agencies are responsible for implementing this Decision.

Received by: Provincial People's Committee

(Name of department, level):

Authority reviewing the dossier:

Relevant departments and sectors:

District People's Committee...

Commune People's Committee...

Relevant agencies and organizations...

Name of the Department in charge of geology and minerals,

Name of Department responsible for geological and mineral resources sector.

Name of the Department in charge of geology and minerals,

District People's Committee with mining area.

PROVINCE (CITY) ...

ANNEX 1
BOUNDARY, COORDINATES OF THE RETURNED AREA
MINERAL EXPLORATION PERMIT

PROVINCE (CITY) ...

MAP OF BOUNDARY OF THE RETURNED AREA PERMIT
TO EXPLOIT MINERALS

VN 2000 system, central meridian... (name of mining area)... in the area... commune... district... province (city)...

Terrain base

Topographic frame

TVM

"Extracted from topographic map at scale..., central meridian..., projection..., serial number..."

Type of mineral permitted for extraction as specified in the issued Mineral Extraction Permit.

Form No. 8: Decision to revoke the Mineral Extraction Permit

Pursuant to …;
Regarding the revocation of the Mineral Extraction Permit

PROVINCE/CITY PEOPLE'S COMMITTEE…

Pursuant to the Law on Organization of Local Administration dated June 19, 2015,

Based on the Law on Geology and Mineral Resources dated November 29, 2024,

Pursuant to the Law on Minerals dated November 17, 2010;

Pursuant to Decree No. 158/2016/NĐ-CP dated November 29, 2016 of the Government detailing some provisions of the Law on Minerals;

Pursuant to Decree No..../2025/NĐ-CP dated... month... year 2025 of the Government detailing certain provisions of the Law on Geology and Minerals regarding the extraction of Group IV minerals;

Pursuant to Circular No....2025/TT-BTNMT dated... month... year 2025 of the Minister of Natural Resources and Environment detailing certain provisions of the Law on Geology and Minerals regarding the extraction of Group IV minerals;

At the request of the Director of the Department of…

DECISION:

Article 1. Revoke Mineral Extraction Permit No.../GP-UBND dated... month... year... issued by the People's Committee of the province (city)... for…(name of organization/individual)...to extract minerals in the area... commune... district... province.

Reason for revocation:

Article 2. Within six months from the effective date of this Decision, …(name of organization, individual)...shall be responsible for:

1. Fulfilling all obligations related to closing the mining site, rehabilitation, and environmental restoration in accordance with the law.

Name of the Department in charge of geology and minerals

2. Clearly stating the reasons for revoking the mineral extraction permit in accordance with Article, Clause, Point of Decree No..../2025/NĐ-CP dated... of the Government detailing the implementation of certain provisions of the Law on Geology and Minerals regarding the extraction of Group IV minerals.

2. Maintaining, protecting, and not dismantling or destroying facilities and equipment ensuring mine safety and environmental protection in the mining area.

3. Removing remaining assets belonging to themselves and related parties from the mining area; after this period, remaining assets at the mining site will belong to the state.

This Decision shall take effect from the date of signature.

The Head of the Provincial People's Committee Office (City), Director of the Department …(organization, individual)… and relevant agencies shall be responsible for implementing this Decision.

To be received: TM. Provincial People's Committee (City)

(Name of organization, individual):

Authority reviewing the dossier:

Relevant departments and sectors:

District People's Committee...

Commune People's Committee...

Relevant agencies and organizations...

Name of the Department in charge of geology and minerals,

The District People's Committee mentioned has a mineral deposit.