Law Amending and Supplementing Certain Articles of the Law on Geology and Minerals No. 147/2025/QH15

 LAW

AMENDING AND SUPPLEMENTING CERTAIN ARTICLES OF THE MINERAL RESOURCES LAW

On the basis of The Constitution of the Socialist Republic of Vietnam has been amended and supplemented by Resolution No. 203/2025/QH15;

The National Assembly enacted the Law Amending and Supplementing Certain Articles of the Mineral Resources Law No. 54/2024/QH15.

Article 1. Amending and supplementing certain articles of the Mineral Resources Law

1. Amending and supplementing Clause 23 of Article 2 as follows:

“23. Mining minerals is an activity aimed at extracting minerals from their natural formation sites, including: basic mine construction, excavation, pumping, separation, classification, and other related activities according to the mining project or mining plan. The product of mineral extraction is raw minerals.".

2. Amending and supplementing some clauses of Article 3 as follows:

a) Amending and supplementing Clause 7 as follows:

"7. The State encourages international cooperation and support for state management, human resource training in geology and mineral resources; sharing and using geological and mineral data; investment in mineral exploration and mining; encouraging organizations and individuals to invest in research, transfer, and application of advanced science and technology in management, protection, exploration, mining, and recovery of mineral resources. The State permits organizations and individuals to take mineral samples for testing processing technology according to the Government's regulations.";

b) Adding Clause 9 after Clause 8 as follows:

"9. Activities of investigation, evaluation, exploration, and mining of rare earths shall be carried out in accordance with the provisions applicable to Group I minerals and the provisions set forth in Chapter VIIa of this Law.".

3. Amending and supplementing some clauses and points of Article 4 as follows:

a) Amending and supplementing Point a and Point b of Clause 2 as follows:

"a) Consistent with strategies, plans, and programs related to mineral activities, except in cases of associated mining and the cases provided for in Points d, d1, and d2 of this clause, Clause 1a of Article 55, Point c of Clause 2 of Article 67, Point c of Clause 2 of Article 73, and Point b of Clause 1 of Article 108 of this Law; ensuring requirements for environmental protection, natural scenery, historical and cultural relics, scenic spots, and other natural resources; ensuring national defense, security, public order, social safety, and disaster prevention;

b) Obtaining permission through a permit or written approval according to the provisions of this Law, except for the cases provided for in Point d1 of this clause;".

b) Amending and supplementing Point d of Clause 2 as follows:

"d) Prioritizing organizations and individuals legally engaged in mining to conduct deep exploration and expansion without having to bid for mining rights to fully assess and control the entire ore body of the type of mineral already granted a mining permit, and not based on the mineral planning or geological and mineral management plan. The authority responsible for mineral planning and geological and mineral management plan must update information and data about areas of deep exploration and expansion into the mineral planning and geological and mineral management plan at the nearest adjustment period;".

c) Adding Point d1 and Point d2 after Point d of Clause 2 as follows:

"d1) The exploitation, recovery, and utilization of Group III minerals and Group IV minerals for emergency response or emergency situations as prescribed by laws on emergencies, laws on disaster prevention, and laws on disease prevention do not require procedures for obtaining a mineral exploration permit, recognition of exploration results, a mining permit, or registration confirmation for mineral recovery;

d2) In cases of extending, reissuing, or adjusting mineral exploration permits and mining permits, the validity period of the permit does not depend on the period of the approved mineral planning or provincial planning;".

d) Amending and supplementing Clause 3 as follows:

"3. The Government shall specify conditions and criteria for determining areas for deep exploration and expansion as stipulated in Point d of Clause 2 of this Article; provide detailed regulations for Point d1 of Clause 2 of this Article; and regulate the application of basic geological survey principles, geological surveys of mineral resources, and mineral activities as stipulated in Clauses 1 and 2 of this Article to rare earths.".

4. Amending and supplementing Point a and Point b of Clause 1 of Article 6 as follows:

"a) Group I minerals include: metallic minerals; energy minerals; precious stones and semi-precious stones; industrial minerals not belonging to Group II as stipulated in Point b of this clause;

b) Group II minerals include: minerals used in the construction industry for cement production, ceramic tiles, sanitary ware, building glass, decorative stone, artistic stone, industrial lime, refractory materials; industrial minerals that can be used as construction materials according to the Government's regulations;".

5. Amending and supplementing Point c of Clause 2 of Article 20 as follows:

"c) The Minister of Agriculture and Environment shall approve the list of projects for geological surveys of mineral resources that encourage organizations and individuals to participate in such surveys;".

6. Amending and supplementing Clause 3 and Clause 4 of Article 26 as follows:

"3. In cases where it is necessary to explore and mine minerals in prohibited mineral activity zones or temporarily prohibited mineral activity zones, the person authorized to issue permits under Article 108 of this Law shall take the initiative, seek opinions from relevant ministries and agencies before considering and approving.

4. The Chairman of the Provincial People's Committee shall organize the demarcation, approval, and adjustment of prohibited mineral activity zones and temporarily prohibited mineral activity zones.".

7. Amending and supplementing Clause 1 of Article 27 as follows:

"1. Areas with scattered and small-scale mineral deposits are those containing Group I minerals and suitable only for small-scale mining operations, determined on the basis of the following:

a) Results of mineral potential assessments during geological surveys of mineral resources;

b) Results of mineral exploration recognized by competent state authorities;

c) Remaining reserves of a closed-down mineral deposit where the scale of resources and reserves is only suitable for scattered and small-scale operations.".

8. Amending and supplementing Clause 1 of Article 29 as follows:

"1. The Minister of Agriculture and Rural Development shall organize the demarcation and approval of the national mineral reserve area as prescribed in Article 28 of this Law."

9. Amend and supplement Clause 2 of Article 31 as follows:

"2. The Minister of Agriculture and Rural Development decides the duration of the national mineral reserve, and extends the duration of the national mineral reserve for each national mineral reserve area."

10. Amend and supplement some clauses and points of Article 33 as follows:

a) Amending and supplementing Point b Clause 1 as follows:

"b) A project to construct technical infrastructure works serving national interests or public benefits, as provided for in the Land Law, with a stable long-term land use period or a longer operating time than the remaining duration of the national mineral reserve, and permitted by the Minister of Agriculture and Rural Development to be implemented in the national mineral reserve area;"

b) Amend and supplement Clause 7 as follows:

"7. The Chairman of the People's Committee of the province where the investment project specified in Clause 2 of this Article is located shall consider issuing a certificate of registration for mineral recovery. For minerals within the authority to issue permits of the Minister of Agriculture and Rural Development, the Chairman of the People's Committee of the province shall consider issuing a certificate of registration for mineral recovery after receiving written approval from the Ministry of Agriculture and Rural Development."

11. Amend and supplement Article 34 as follows:

“Article 34. Compensation for Damage When Investment Projects Are Terminated in National Mineral Reserve Areas

1. In cases where the Minister of Agriculture and Rural Development decides to reduce the area of the national mineral reserve or shorten the duration of the national mineral reserve to serve national defense, security purposes, or key national projects, leading to the need to recover part or all of the land for investment projects, the investor in the national mineral reserve area shall be compensated and supported according to the provisions of the Land Law.

2. The State shall not be responsible for compensating losses for investors in investment projects in national mineral reserve areas when the mineral reserve period has expired as decided by the Minister of Agriculture and Rural Development."

12. Amend and supplement Point d of Clause 1 of Article 41 as follows:

"d) Not exceeding 200 square kilometers (km²) for minerals in marine areas, except for Group III minerals. In special cases requiring a larger area, the Minister of Agriculture and Rural Development shall decide;"

13. Amend, supplement, and abolish some points of Clause 1 of Article 43 as follows:

a) Amend and supplement Points b and c as follows:

"b) A mineral exploration permit issued by the Minister of Agriculture and Rural Development in areas ensuring compliance with the planning for Group I minerals, except in the cases stipulated in Point đ and Point đ2 of Clause 2 of Article 4, and Point b of Clause 1 of Article 108 of this Law;

c) A mineral exploration permit issued by the Chairman of the People's Committee of the province in areas consistent with the planning for Group II minerals or provincial planning, except in the cases stipulated in Point đ and Point đ2 of Clause 2 of Article 4, and Clause 1a of Article 55 of this Law;"

b) Abolish Point h.

14. Amend and supplement Clause 1 of Article 48 as follows:

"1. Organizations and individuals conducting mineral exploration shall be prioritized to submit applications for mineral exploitation permits for recognized mineral resources and reserves within the following periods:

a) 36 months from the date of recognition of the exploration results for Group I and Group II minerals;

b) 18 months from the date of recognition of the exploration results for Group III minerals."

15. Amend and supplement Clause 1 and Clause 2 of Article 49 as follows:

"1. The State shall use budget funds to organize mineral exploration in certain areas with strategic and important minerals, and minerals of high economic value and large demand.

2. The Minister of Agriculture and Rural Development shall decide the list of exploration areas under Clause 1 of this Article within his authority to issue permits."

16. Add Clause 1a after Clause 1 of Article 53 as follows:

"1a. Contractors, investors, and project owners implementing projects specified in Points a, b, c, d, and đ of Clause 1a of Article 55 of this Law."

17. Amend and supplement some clauses and points of Article 55 as follows:

a) Amend and supplement Points b and c of Clause 1 as follows:

"b) A mineral exploitation permit issued by the Minister of Agriculture and Rural Development in areas consistent with the planning for Group I minerals, except in cases not required to comply with the strategy, planning, and plans stipulated in Point a of Clause 2 of Article 4 of this Law;

c) A mineral exploitation permit issued by the Chairman of the People's Committee of the province in areas consistent with the planning for Group II minerals or provincial planning, except in cases not required to comply with the strategy, planning, and plans stipulated in Point a of Clause 2 of Article 4 of this Law;"

b) Add Clauses 1a, 1b, and 1c after Clause 1 as follows:

"1a. Issuing mineral exploitation permits for Group III minerals as construction materials for organizations and individuals specified in Clauses 1 and 2 of Article 53 of this Law for the supply of materials for the following projects does not require a geological and mineral management plan as stipulated in Clause 2 of Article 12 of this Law:

a) Public investment projects as provided for in the Law on Public Investment;

b) Investment projects carried out under the Public-Private Partnership (PPP) model as provided for in the Law on PPP;

c) Key national projects;

d) Economic and social development projects within the authority to approve or decide on investment policies of local authorities or persons authorized by laws on investment, public investment, and PPP, and approved by the Chairman of the People's Committee of the province to be exempted from the requirement of a geological and mineral management plan;

đ) Emergency construction projects and disaster prevention and control projects as provided for in the Law on Construction and the Law on Disaster Prevention and Control."

1b. In the case of exploiting minerals group III for construction materials to serve projects specified in points a, b, c, d, and đ Clause 1a of this Article, the mining permit shall be directly issued to organizations and individuals as stipulated in Clause 1a of Article 53 of this Law. If the contractor, investor, or project owner does not request issuance of the permit, it will be granted to other organizations and individuals meeting the conditions set forth in Clause 1 of Article 53 of this Law, and the extracted minerals must only be supplied for construction materials serving the projects specified in points a, b, c, d, and đ Clause 1a of this Article.

1c. The issuance of permits for exploiting minerals group III for construction materials to supply materials for projects specified in points a, b, c, d, and đ Clause 1a of this Article shall be carried out as follows:

a) There is no need to go through procedures for approval or decision on investment orientation by state agencies or authorized persons according to laws on investment, public investment, and public-private partnership.

b) There is no need to conduct environmental impact assessment reviews and approve the results thereof, issue environmental permits, or register environmental activities. The investment project dossier for mineral exploitation must include contents on safety technology, environmental protection, and environmental restoration guarantees during mineral exploitation.

18. Amend and supplement some clauses and points of Article 56 as follows:

a) Amend and supplement point b of Clause 4 as follows:

“b) In cases where the mining period has expired or been extended but the permit has become invalid while there is still exploitable reserves in the permitted area, the issuance of a new mining permit shall be carried out upon application from the organization or individual who was previously granted the mining permit, except in cases provided for in Clause 3 of Article 87 of this Law.”

b) Add Clause 6 after Clause 5 as follows:

“6. The Government shall provide detailed regulations for Clause 4 of this Article.”

19. Amend and supplement some clauses of Article 57 as follows:

a) Add Clause 1a after Clause 1 as follows:

“1a. The extension (if there are remaining reserves according to the permit) or adjustment to increase the extraction capacity (without increasing the permitted reserves) of a valid mining permit for minerals group III for construction materials to supply materials for projects specified in points a, b, c, d, and đ Clause 55 of this Law shall not require procedures for approval or decision on investment adjustment by state agencies or authorized persons, nor environmental impact assessment reviews, environmental permit issuance, or environmental registration. Organizations and individuals holding the mining permit must prepare an adjusted project plan and ensure requirements for safety technology, environmental protection, and environmental restoration guarantees during mineral exploitation.”

b) Amend and supplement Clause 2 as follows:

“2. The Government shall provide detailed regulations for Clauses 1 and 1a of this Article; specify cases for permit extension, issuance, adjustment, and return; define the competent authority for review; and establish procedures, documents, and processes for issuing, extending, issuing again, adjusting, and returning mining permits.”

20. Add point đ after point d of Clause 2 of Article 67 as follows:

“đ) There is no need to conduct mineral exploration activities in areas where minerals are being exploited.”

21. Amend and supplement Clause 2 of Article 72 as follows:

“2. Organizations approved by state agencies or authorized persons to be contractors, investors, or project owners implementing projects specified in points a, b, c, d, and đ Clause 55 of this Law. If the contractor, investor, or project owner does not request issuance of the permit, it will be granted to organizations and individuals meeting the conditions set forth in Clause 1 of Article 53 of this Law, and the extracted minerals must only be supplied for construction materials serving the projects specified in points a, b, c, d, and đ Clause 55 of this Law.”

22. Amend and supplement some clauses and points of Article 73 as follows:

a) Amend and supplement point d of Clause 2 as follows:

“d) Exploitation of minerals group IV to serve projects specified in points a, b, c, d, and đ Clause 55 of this Law does not require procedures for approval or decision on investment orientation by state agencies or authorized persons according to laws on investment, public investment, and public-private partnership; nor does it require environmental impact assessment reviews, environmental permit issuance, or environmental registration, but a mining exploitation plan for minerals group IV must be prepared and submitted to the authorized person for examination and issuance of the mining permit according to this Law. The mining exploitation plan for minerals group IV must include contents on safety technology, environmental protection, and environmental restoration guarantees during mineral exploitation.”

b) Add Clause 2a after Clause 2 as follows:

“2a. Organizations and individuals conducting mineral exploration for minerals group IV, surveying, and evaluating general information about minerals group IV have the right to submit applications for mining permits for minerals group IV as follows:

a) Within 18 months from the date of recognition of the exploration results (for areas that have been explored) or confirmation of the evaluation results of general information about the planned exploitation minerals (for areas that have not been explored), except in cases provided for in point b and point c of this clause;

b) Within 45 days from the end of the survey and evaluation of general information about the planned exploitation minerals for cases of exploiting minerals group IV to supply for projects specified in points a, b, c, d, and đ Clause 55 of this Law;

c) Upon expiration of the time limit specified in points a and b of this clause, if organizations or individuals fail to submit complete application documents for the mineral exploitation permit for Group IV minerals, they lose their priority right to apply for such a permit, except in cases of force majeure or changes in state policy that prevent implementation. In the event that the authority responsible for issuing the mineral exploitation permit for Group IV minerals grants the permit to another organization or individual according to this Law, the organization or individual who was granted the mineral exploitation permit for Group IV minerals must refund the exploration costs for the minerals to the organization or individual conducting the mineral exploration, as stipulated by this Law (if applicable).

c) Amend and supplement Clause 5 and Clause 6 as follows:

“5. The Government shall provide detailed regulations on the content of the exploitation plan for Group IV minerals, the handling of excess minerals as provided for in point d, Clause 2 of this Article; and provide detailed regulations on point c, Clause 2a of this Article.

6. The Minister of Agriculture and Environment shall provide detailed regulations on point a, Clause 1 and point h, Clause 4 of this Article.”

23. Amend and supplement some clauses and points of Article 75 as follows:

a) Amend and supplement Points b and c of Clause 1 as follows:

“b) The project investor or investor combines the recovery of minerals in the construction area of the investment project which has been decided, approved, or agreed upon according to the provisions of the law, including minerals located within areas prohibited from mining activities, temporarily prohibited from mining activities, or national mineral reserve areas. If the project investor or investor does not have a need to recover minerals, the registration confirmation for mineral recovery will be issued to the contractor carrying out the construction works of the investment project based on the approval of the project investor or investor;

c) The project investor or investor carries out dredging activities combined with the recovery of mineral products in port waters, fishing ports, anchorage areas for typhoon shelters, inland waterways, riverbeds, lake beds, or other water and wetland areas according to the project plans which have been decided, approved, or agreed upon according to the provisions of the law. If the project investor or investor does not have a need to recover minerals, the registration confirmation for mineral recovery will be issued to the contractor carrying out the dredging activities based on the approval of the project investor or investor;”

b) Amend and supplement Clause 5 as follows:

“5. Organizations and individuals recovering minerals must register their mineral recovery activities with the competent state management agency for minerals, except in the case provided for in point a, Clause 4 of this Article.”

24. Add Chapter VIIa after Chapter VII as follows:

“Chapter VIIa

STATE MANAGEMENT OF GEOLOGY AND MINERALS FOR RARE EARTHS

Article 85a. General State Policy on Rare Earths

1. Rare earths are strategic minerals of special importance. Activities related to geological surveys, assessments, explorations, exploitations, processing, and utilization of rare earths must comply with the national strategy and planning for rare earths. Rare earths must be protected, exploited, and utilized reasonably, economically, and efficiently in conjunction with sustainable economic and social development requirements, ensuring national defense and security.

2. The State prioritizes investment and organization of geological surveys, assessments, and explorations of rare earths.

3. Exploration, exploitation, and processing of rare earths must be strictly controlled; raw rare earth minerals must not be exported; only enterprises and organizations designated or permitted by the State may engage in exploration, exploitation, processing, and utilization of rare earths. Deep processing of rare earths must be linked to building modern industrial ecosystems to enhance domestic value chains and ensure self-sufficiency in implementing the national strategy for rare earths.

4. Geological and mineral data on rare earths must be systematically built, centrally managed, uniformly coordinated, and effectively utilized.

5. The State encourages international cooperation in research, technology transfer, and development of deep processing technologies for rare earths to serve the development of the domestic rare earth industry; supports the training of high-quality human resources to meet professional, technical, and technological requirements in the chain of activities related to geological surveys, assessments, explorations, deep processing, application, and management of rare earths.

6. The State implements policies for stockpiling and protecting rare earth minerals, regulating export and import activities of rare earths during each period in accordance with sustainable economic and social development goals and resource security.

7. The Government shall provide detailed regulations on this matter.

Article 85b. Rare Earth Mineral Planning, National Strategy on Rare Earths

1. Rare earth mineral planning is part of the group I mineral planning. The establishment, approval, and adjustment of rare earth mineral planning shall be carried out in accordance with this Law and the laws on planning.

2. The Ministry of Agriculture and Environment shall take the lead and coordinate with relevant ministries, sectors, and provincial People's Committees to establish and submit to the Prime Minister for approval the national strategy on rare earths.

3. The Government shall provide detailed regulations on this Article.

Article 85c. Reserve, Protection of Rare Earth Minerals

1. The area for reserving rare earth minerals is an area containing rare earth minerals that have not been exploited and need protection, determined based on geological survey results on minerals and exploration results on rare earth minerals.

2. The Government shall provide detailed regulations for this Article.

Article 85d. Exploration, Exploitation of Rare Earth Minerals

1. The Ministry of Agriculture and Environment shall organize the exploration of rare earth minerals in certain areas containing rare earth minerals using state budget funds.

2. The Minister of Agriculture and Environment shall issue exploration permits for rare earth minerals after obtaining the Prime Minister's approval, except in cases stipulated in Clause 1 of this Article.

3. The Minister of Agriculture and Environment shall issue exploitation permits for rare earth minerals after obtaining the Prime Minister's approval.

4. The Government shall provide detailed regulations for this Article.”

25. Amend and supplement points b and c of Clause 1, Article 96 as follows:

“b) Cases where the provincial People's Committee invests in assessing the potential of minerals and exploring minerals in group III minerals for ordinary construction materials to serve the auction of mining rights;

c) Cases of exploiting group II minerals, natural mineral water, and natural hot water.”

26. Amend and supplement Clauses 2, 3, and 4 of Article 100 as follows:

“2. Areas not subject to auction of mining rights shall be delineated in the following cases:

a) To ensure energy security, national defense, security, and efficient use of strategic and important minerals;

b) To ensure raw materials and materials for projects specified in points a, b, c, d, and đ of Clause 1a, Article 55 of this Law;

c) Areas of limestone and clay used as raw materials for cement production and additives for cement production already identified in group II mineral planning; areas of minerals identified in mineral planning or provincial planning as sources of raw materials for operating mineral processing plants according to the law;

d) Areas that have been recognized as having completed mineral exploration results and meet the conditions for issuing mining permits according to this Law;

đ) Areas that have been issued mineral exploration permits or mining permits, meeting the conditions for renewal, reissue, adjustment, or replacement of mineral exploration permits or mining permits according to this Law;

e) Cases stipulated in point đ of Clause 2, Article 4 of this Law.

3. The Minister of Agriculture and Environment shall organize the delineation, approval, and adjustment of areas not subject to auction of mining rights within their licensing authority.

4. The Chairman of the provincial People's Committee shall organize the delineation, approval, and adjustment of areas not subject to auction of mining rights within their licensing authority.”

27. Amend and supplement some clauses and points of Article 104 as follows:

a) Amending and supplementing Point a and Point b of Clause 2 as follows:

“a) In cases where the successful bidder of mining rights in areas without mineral exploration results must submit a valid application for a mineral exploration permit to the competent state management agency within 12 months for group I and II minerals and nine months for group III minerals from the end date of the mining rights auction, except for areas of residual mineral extraction or group IV minerals;

b) In cases where the successful bidder of mining rights in areas with mineral exploration results or in residual mineral extraction areas or group IV minerals must submit a valid application for a mining permit or residual mineral extraction permit to the competent state management agency within 36 months for group I and II minerals and 18 months for group III and IV minerals from the end date of the mining rights auction. In cases of force majeure or changes in state policy leading to inability to implement, the deadline may be extended;”

b) Add Clause 3 after Clause 2 as follows:

“3. The Government shall provide detailed regulations for this Article.”

28. Amend and supplement some points of Clause 2, Article 107 as follows:

a) Amend and supplement Points b and c as follows:

“b) Delineate and announce areas with scattered and small-scale minerals; delineate and approve national mineral reserve areas, lists of strategic and important minerals;

c) Organize and direct specialized geological and mineral inspections nationwide; handle complaints and denunciations regarding geology and minerals; handle violations of laws on geology and minerals according to the law;”

b) Add point d1 after point d of Clause 2 as follows:

“d1) Issue standards, technical regulations, economic-technical norms, and regulations on geology and minerals.”

29. Amend and supplement Clauses 1, 2, and 3 of Article 108 as follows:

“1. The Minister of Agriculture and Environment shall issue permits in the following cases:

a) Permits for mineral exploration and exploitation of group I minerals;

b) Permits for mineral exploration and exploitation in marine areas outside the administrative boundaries of coastal provinces and cities; marine areas whose administrative boundaries have not been defined for coastal provinces and cities.

2. Except for cases stipulated in Clause 1 of this Article, the Chairman of the provincial People's Committee shall issue permits in the following cases:

a) Permits for exploration of group II and III minerals; permits for exploitation of group II and III minerals; permits for exploitation of group IV minerals;

b) A mining exploration permit for Group I minerals in areas with scattered and small mineral deposits that have been delineated and announced by the Minister of Agriculture and Environment; a mining exploitation permit for Group I minerals in areas with scattered and small mineral deposits that have been delineated and announced by the Minister of Agriculture and Environment;

c) A permit for the recovery exploitation of minerals.

3. The authority responsible for issuing the permits specified in Clause 1 and Clause 2 of this Article has the right to reissue, extend, adjust, revoke, approve the return, exchange, and approve the transfer of exploration and exploitation rights for those permits, including permits issued by other agencies before this Law takes effect, except in cases stipulated in Point b, Clause 2 of Article 111 of this Law where organizations and individuals choose to implement procedures and formalities according to the regulations at the time of receiving the application, or in cases stipulated in Clause 4 of this Article.”

30. Replace the phrase "Ministry of Natural Resources and Environment" with the phrase "Ministry of Agriculture and Environment" in Clause 4, Article 10; Point c, Clause 2 and Clause 3, Article 14; Point d, Clause 2 and Clause 3, Article 20; Clause 5 and Clause 6, Article 33; Clause 4, Article 42; Clause 6, Article 44; Clause 3, Article 45; Clause 6, Article 47; Clause 6, Article 50; Clause 3, Article 57; Clause 4, Article 59; Clause 2, Article 63; Clause 6, Article 64; Clause 3, Article 69; Point g, Clause 2 and Clause 4, Article 70; Point c, Clause 2, Article 76; Clause 5, Article 82; Point b, Clause 2, Article 88; Clause 4, Article 89; Clause 5, Article 90; Clause 2, Article 93; Clause 5, Article 96; Clause 2 and Clause 3, Article 107.

31. Replace the phrase "Ministry of Natural Resources and Environment" with the phrase "Minister of Agriculture and Environment" in Clause 1, Article 51; Point a, Clause 2, Article 84; Point a, Clause 1, Article 96; Clause 2, Article 101; Clause 1, Article 106; and Clause 4, Article 108.

32. Replace the phrase "Ministry of Planning and Investment" with the phrase "Ministry of Finance" in Clause 4, Article 10.

33. Replace the phrase "People's Committee" with the phrase "People's Committee, Chairman of People's Committee" in Clause 6 and Clause 8, Article 33; Clause 3, Article 49; Clause 2, Article 51; Point b, Clause 2, Article 84; Clause 2, Article 101; Clause 1, Article 106; Clause 4, Article 108; and Clause 8, Article 111.

34. Replace the phrase "People's Committee" with the phrase "People's Committee, Chairman of People's Committee" in Clause 4, Article 107.

35. Repeal Clause 1, Article 109.

Article 2. Amend and supplement some articles of the Land Law No. 31/2024/QH15 amended and supplemented by Laws No. 43/2024/QH15, No. 47/2024/QH15, No. 58/2024/QH15, No. 71/2025/QH15, No. 84/2025/QH15, No. 93/2025/QH15, No. 95/2025/QH15, No. 116/2025/QH15, No. 130/2025/QH15, and No. 146/2025/QH15.

1. Add Clause 4 after Clause 3, Article 205 as follows:

“4. The use of land for exploring and exploiting Group III minerals for construction materials and exploiting Group IV minerals for construction projects as stipulated in Points a, b, c, d, and đ, Clause 1a, Article 55 of the Law on Geology and Minerals No. 54/2024/QH15 amended and supplemented by Law No. 147/2025/QH15 shall be carried out as follows:

a) The project investor may lease back the land use rights in accordance with the laws on land for production forests and non-agricultural land, excluding defense and security land, to explore and exploit Group III minerals for construction materials and Group IV minerals without having to go through the procedure to change the purpose of land use;

b) The leasing back of land use rights under this clause shall be carried out in accordance with the laws on land, civil laws, and related laws;

c) Exploration and exploitation of Group III minerals for construction materials and Group IV minerals as provided in this clause must comply with the provisions of Clause 2 of this Article and must not impair the necessary conditions for using the land for its primary purpose as granted by the State.”

2. Amend and supplement Point g, Clause 1, Article 218 as follows:

“g) Land specified in Clauses 2 and 3 of Article 9 of this Law can be used for agricultural purposes, construction of infrastructure for postal services, telecommunications, technology, information, outdoor advertising, solar power, and for exploring and exploiting Group III minerals for construction materials and Group IV minerals as provided in Clause 4 of Article 205 of this Law.”

Article 3. Effectiveness

This Law shall take effect from January 1, 2026.

Article 4. Transitional Provisions

1. Organizations and individuals who have submitted applications and had their applications accepted by competent state authorities for administrative procedures on geology and minerals before this Law takes effect but have not yet received a decision shall have the right to choose to apply the procedures, formalities, and authorities as prescribed by law at the time of accepting the application or as prescribed by this Law.

2. From the date this Law takes effect, new applications will be accepted and processed according to the authorities prescribed by this Law. In cases where organizations and individuals have submitted applications and had them accepted by competent state authorities before this Law takes effect but there has been a change in the management authority, the authority that accepted the application shall continue to process the application until completion, except in cases stipulated in Clause 1 of this Article.

3. Organizations and individuals who have been granted permits or decisions in mineral activities before this Law takes effect, including mining exploitation permits granted in accordance with Resolution No. 66.4/2025/NQ-CP, shall proceed as follows:

a) Continue to operate until the expiration date specified in the permit or decision in mineral activities, except in cases stipulated in Points b and c of this Clause;

b) In cases of extending, reissuing, adjusting, returning permits or decisions in mineral activities; transferring exploration and exploitation rights for minerals; approving closure plans for mineral mines; approving closure plans for mineral mines; closing mineral mines, such actions shall be carried out in accordance with the Law on Geology and Minerals No. 54/2024/QH15 amended and supplemented by this Law, except for Clauses 7 and 8 of this Article;

c) For mining permits issued before this Law comes into effect that contain contents inconsistent with the provisions of Clause 2, Article 56 of the Law on Geology and Minerals No. 54/2024/QH15, within thirty-six months from the date this Law takes effect, organizations and individuals shall be responsible for completing procedures to renew mining permits in accordance with the Law on Geology and Minerals No. 54/2024/QH15. After the aforementioned period, organizations and individuals conducting mineral extraction must suspend operations until they obtain renewed mining permits from competent state agencies or authorized persons.

4. In cases where violations reach the level requiring revocation of exploration permits, mining permits, or mining exploitation permits under the Minerals Law No. 60/2010/QH12 which are currently being reviewed and resolved by competent authorities, the provisions of the Law on Geology and Minerals No. 54/2024/QH15 shall apply for resolution, except for the cases stipulated in Point a, Clause 1, Article 52, Point a, Clause 1, Article 66, and Point a, Clause 1, Article 71 of the Law on Geology and Minerals No. 54/2024/QH15.

5. For ordinary construction material exploration and mining permits issued before July 1, 2025, within the authority of provincial People's Committees, if they are not consistent with the criteria of non-tendered rights to mine minerals, such permits will continue to be allowed to conduct exploration, recognize exploration result reports, and mine minerals if they meet the following conditions:

a) The extracted minerals are supplied to projects specified in Points a, b, c, d, and đ, Clause 1a, Article 55 of the Law on Geology and Minerals No. 54/2024/QH15, as amended by this Law;

b) They comply with provincial planning;

c) Organizations and individuals who violate the law must still be subject to examination and handling according to the law.

6. For areas of minerals identified as raw material sources for investment projects for mineral processing or utilization approved or decided on by competent state authorities according to laws on investment, public investment, and public-private partnership before this Law takes effect, the issuance of exploration permits and mining permits shall be carried out according to the Law on Geology and Minerals No. 54/2024/QH15, as amended by this Law, without tendering for the right to mine minerals.

7. For mining permits issued before the Law on Geology and Minerals No. 54/2024/QH15 takes effect, the reissuance of mining permits without tendering for the right to mine minerals to the same organization or individual, when meeting the conditions and being implemented as follows:

a) The previously issued mining permit is consistent with the mineral planning and provincial planning at the time of issuance and ceases to be effective after July 1, 2011;

b) The mining area still has reserves up to the time of applying for the reissue of the mining permit and the mineral area has not been granted permits to other organizations or individuals or included in plans for tendering the right to mine minerals;

c) The organization or individual has fulfilled all financial obligations under the previously issued mining permit and has not violated mineral-related laws to the extent of criminal liability;

d) The organization or individual must meet the conditions stipulated in the Law on Geology and Minerals No. 54/2024/QH15, as amended by this Law;

đ) The term of the mining permit shall be implemented according to the provisions of Point b, Clause 4, Article 56 of the Law on Geology and Minerals No. 54/2024/QH15, as amended by this Law, and shall not exceed ten years for sand and gravel mining permits in riverbeds and reservoirs;

e) The procedures, requirements, and authority for reissuing mining permits shall be carried out according to the Law on Geology and Minerals No. 54/2024/QH15, as amended by this Law.

8. Organizations and individuals who have submitted applications for extending sand and gravel mining permits in riverbeds and reservoirs before the Law on Geology and Minerals No. 54/2024/QH15 took effect and whose applications were accepted by competent state management agencies but have not yet received administrative procedure results, the Chairman of the Provincial People's Committee shall consider extending the mining permit when the application meets the extension conditions stipulated by law at the time of submission. The extension period shall not exceed ten years.

The procedures, requirements, and authority for extension shall be carried out according to the Law on Geology and Minerals No. 54/2024/QH15, as amended by this Law.

9. For minerals extracted and recovered within the boundaries and area of mineral exploitation projects according to mining permits and stored or stockpiled in warehouses or storage sites but not yet permitted by competent state authorities to be reclaimed or utilized, the Chairman of the Provincial People's Committee shall consider issuing certificates of mineral reclamation registration according to the Law on Geology and Minerals No. 54/2024/QH15, as amended by this Law.

Organizations and individuals registering for mineral reclamation must meet the conditions and not violate mineral-related laws to the extent of criminal liability.

10. In cases where the auction for the right to mine minerals in areas without exploration results and approved reserves by competent state management agencies before July 1, 2025, the priority period for submitting applications for mining permits shall be calculated from the date this Law takes effect.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, Session 10, 15th Legislature, on December 11, 2025.