Decree No. 15/2012/NĐ-CP detailing the implementation of certain provisions of the Minerals Law

DECREE

Detailed regulations on implementation of certain provisions of the Minerals Law

______________________

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

Pursuant to the Minerals Law No. 60/2010/QH12 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 implementation of certain provisions of the Minerals Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree provides detailed regulations on Clause 5 and Clause 7 Article 3; Clause 4 Article 7; Clause 3 Article 10; Article 24; Clause 2 Article 27; Clause 3 Article 30; Clause 2 Article 36; Clause 2 Article 39; Clause 3 Article 40; Point d Clause 1 Article 42; Clause 4 Article 43; Article 44; Clause 4 Article 48; Clause 1 Article 49; Clause 3 Article 50; Clause 3 Article 53; Point c and Point d Clause 1 Article 55; Clause 3 Article 60; Clause 4 Article 66; Clause 3 Article 71; Clause 2 Article 75; Clause 3 Article 77; Clause 2 Article 78 of the Minerals Law No. 60/2010/QH12.

2. Provisions regarding principles, conditions, and procedures for auctioning mineral exploitation rights not falling within the scope of regulation of this Decree.

Article 2. Conditions and standards for exporting minerals

1. The Ministry of Industry and Trade shall take the lead and coordinate with the Ministry of Natural Resources and Environment, relevant ministries and sectors to establish and promulgate the list, conditions, and standards for exporting various types of minerals, except construction materials.

2. The Ministry of Construction shall take the lead and coordinate with the Ministry of Natural Resources and Environment, relevant ministries and sectors to establish and promulgate the list, conditions, and standards for exporting construction materials.

Article 3. Repayment of costs for basic geological surveys on minerals and mineral exploration costs

1. Information on basic geological surveys on minerals that organizations and individuals must repay costs for when using is information on mineral potential assessment.

2. Repayment of costs for mineral potential assessment and mineral exploration shall be carried out according to the following principles:

a) In cases where information on mineral potential assessment and mineral exploration belong to the State, organizations and individuals using such information must repay the State the investment costs. The repayment costs shall be determined based on the volume of works and items completed and current unit prices.

In cases where organizations and individuals have already repaid the state budget the amount invested in mineral potential assessment and mineral exploration, the repayment of costs shall be implemented according to the provisions at Point c of this clause.

b) Organizations and individuals permitted to conduct mineral exploration using state budget funds may not provide or transfer information on exploration results to other organizations and individuals, except for providing to competent authorities as stipulated by the Ministry of Natural Resources and Environment.

c) In cases where information on mineral potential assessment and mineral exploration is invested by organizations and individuals, the repayment of investment costs shall be carried out according to the principle of mutual agreement between the investing organization or individual and the organization or individual using the information.

For information on mineral potential assessment and mineral exploration invested by organizations and individuals in areas where mining activities have been revoked, licenses returned, or the right of priority to apply for a Mining Exploitation License has expired, if the parties cannot agree on the repayment costs, the competent state agency issuing the license as stipulated in Clause 1 and Clause 2 Article 82 of the Minerals Law (hereinafter referred to as the competent state agency issuing the license) shall decide on the investment costs to be repaid according to the principle stipulated at Point a of this clause.

3. Repayment of costs for basic geological surveys on minerals and mineral exploration costs shall be carried out before organizations and individuals receive the Mineral Exploration License, the Mineral Exploitation License.

4. The Ministry of Finance shall take the lead and coordinate with the Ministry of Natural Resources and Environment to guide methods for determining the costs for basic geological surveys on minerals and mineral exploration costs to be repaid, repayment methods and procedures; stipulate the system for collecting, managing, and utilizing costs for mineral potential assessment and mineral exploration invested by the State.

Article 4. Utilization of information on mineral potential assessment, exploration, and exploitation

1. Organizations and individuals have the right to use information on mineral exploration that they have invested in or use information on mineral potential assessment, exploration, and exploitation belonging to the State which has been compensated for costs according to Article 3 of this Decree and have the right to transfer or inherit such information to serve mineral activities in accordance with the law.

2. After six months from the date when the mineral exploration permit expires, if the organization or individual permitted to explore does not submit to the competent authority for approval of the mineral reserves or if the approved mineral reserves are not submitted for application of a mining exploitation permit, then the competent state authority may provide information about minerals in that area to other organizations or individuals for use. The organizations or individuals using the information shall be responsible for compensating for exploration costs as stipulated in point c, Clause 2, Article 3 of this Decree.

Article 5. State investment for mineral exploration and exploitation

1. The State invests in exploring and exploiting certain important types of minerals to serve national defense, security objectives or economic and social tasks prescribed in Clause 5, Article 3 of the Mineral Law.

2. Based on the approved mineral planning, taking into account the requirements to serve national defense, security objectives, and economic and social tasks, the Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Planning and Investment, the Ministry of Finance, and relevant ministries and sectors to appraise and submit to the Prime Minister for approval of projects for mineral exploration and exploitation implemented with state budget funds.

Article 6. Hazardous Minerals

1. Hazardous minerals include radioactive minerals, mercury, arsenic, asbestos; minerals containing radioactive elements or hazardous substances that may release radioactive or hazardous substances into the environment exceeding the levels specified in Vietnamese technical standards during exploitation.

2. The Ministry of Natural Resources and Environment shall be responsible for investigating, assessing, determining the level of impact, and proposing preventive measures against the adverse effects of hazardous minerals on the local environment and people in areas where hazardous minerals are present; notifying the People's Committee of the province where hazardous minerals are located to organize management and protection according to regulations.

3. The People's Committee of the province where hazardous minerals are located shall be responsible for implementing preventive measures against the adverse effects of hazardous minerals on the local environment and people; organizing management and protection of hazardous minerals within their jurisdiction according to regulations.

Article 7. Reporting on the Results of Mineral Activities

1. Reports on the results of mineral activities include:

a) Reports on mineral exploration activities and mineral exploitation activities.

b) Reports on the situation of state management of minerals and mineral activities within the scope of provinces and centrally-administered cities.

c) Reports on the situation of state management of minerals and mineral activities nationwide.

2. The reporting system for mineral activities is regulated as follows:

a) Annual periodic reports are required once a year. The reporting period runs from January 1 to December 31 of the reporting year.

b) In addition to the reporting system mentioned in point a of this clause, when requested by the state management agency for minerals, organizations and individuals permitted to engage in mineral activities must submit ad hoc reports on the situation of mineral activities.

3. The responsibility for submitting reports on the results of mineral activities is regulated as follows:

a) Within five working days from the last day of the reporting period, organizations and individuals permitted to engage in mineral activities must submit the report prescribed in point a, Clause 1 of this Article to the Department of Natural Resources and Environment where the mineral activity takes place.

For organizations and individuals engaging in mineral activities under permits issued by the Ministry of Natural Resources and Environment, in addition to submitting the report to the Department of Natural Resources and Environment where the mineral activity takes place, they must also submit the report to the General Directorate of Geology and Minerals.

b) Within fifteen days from the last day of the reporting period, the Department of Natural Resources and Environment shall prepare the report prescribed in point b, Clause 1 of this Article and submit it to the People's Committee of the province for submission to the Ministry of Natural Resources and Environment and send a copy of the report to the Department of Industry and Trade and the Department of Construction for coordination in management.

c) Within thirty days from the last day of the reporting period, the General Directorate of Geology and Minerals shall prepare the report prescribed in point c, Clause 1 of this Article and submit it to the Ministry of Natural Resources and Environment for reporting to the Prime Minister and send a copy of the report to the Ministry of Industry and Trade and the Ministry of Construction for coordination in management.

4. The Ministry of Natural Resources and Environment shall prescribe the format of the report on the results of mineral activities prescribed in Clause 1 of this Article.

Chapter II

MINERAL PLANNING, BASIC GEOLOGICAL INVESTIGATION ON MINERALS,MINERAL AREAS

Article 8. Establishment and submission for approval of mineral planning

1. Responsibilities for establishing and submitting to the Prime Minister for approval of mineral planning as stipulated in Clause 3, Article 10 of the Minerals Law are specified as follows:

a) The Ministry of Natural Resources and Environment shall take the lead in establishing basic geological investigation planning on minerals.

b) The Ministry of Industry and Trade shall take the lead in establishing exploration, exploitation, processing and utilization planning for mineral types (excluding construction materials).

c) The Ministry of Construction shall take the lead in establishing exploration, exploitation, processing and utilization planning for construction material minerals.

2. Mineral planning as stipulated in Clause 1 of this Article shall be established in accordance with the approved mineral strategy.

3. Soliciting opinions and coordination during the establishment of mineral planning:

a) During the process of establishing mineral planning according to the authority stipulated in points b and c, Clause 1 of this Article, the Ministry of Industry and Trade and the Ministry of Construction shall coordinate to implement the provisions at point d, Clause 1 of Article 13 of the Minerals Law.

b) The agency responsible for establishing mineral planning must solicit opinions from relevant agencies as stipulated in Clause 1 of Article 15 of the Minerals Law for the draft planning before submitting to the Prime Minister. Within thirty days from the date of receipt of the solicitation letter from the leading agency, the agencies solicited must respond in writing.

Article 9. Exploration, exploitation, and utilization planning for provincial and centrally governed city minerals

1. Exploration, exploitation, and utilization planning for provincial and centrally governed city minerals as stipulated in Clause 3, Article 10 of the Minerals Law shall be established for the following mineral types:

a) Ordinary construction materials, mud coal.

b) Minerals in areas with scattered and small-scale minerals delineated and announced by the Ministry of Natural Resources and Environment.

c) Minerals in mine tailings of closed mines.

2. The establishment of exploration, exploitation, and utilization planning for provincial and centrally governed city minerals must ensure the following principles:

a) Consistency with the national mineral strategy and mineral planning as stipulated in points b and c, Clause 1 of this Decree.

b) Consistency with the provincial socio-economic development master plan; ensuring security and defense in the region.

c) Ensuring rational, economical, and effective exploitation and utilization of minerals to meet current needs while considering scientific and technological progress and future mineral demands.

d) Protecting the environment, natural scenery, historical and cultural relics, scenic spots, and other natural resources.

3. Bases for establishing exploration, exploitation, and utilization planning for provincial and centrally governed city minerals include:

a) Provincial socio-economic development master plans, regional planning.

b) National mineral strategy; mineral planning as stipulated in points b and c, Clause 1 of this Decree.

c) Mineral demand during the planning period.

d) Progress in science and technology in mineral exploration and exploitation.

đ) Results of implementing previous planning periods.

4. Exploration, exploitation, and utilization planning for provincial and centrally governed city minerals must include the following main contents:

a) Investigation, research, synthesis, and evaluation of natural conditions, socio-economic conditions, and the current status of mineral exploration, exploitation, processing, and utilization activities in the local area.

b) Evaluation of the results of previous planning periods.

c) Determination of directions and goals for mineral exploration, exploitation, and utilization during the planning period.

d) Areas prohibited from mineral activities, temporarily prohibited areas from mineral activities.

đ) Detailed delineation of mining areas, types of minerals requiring investment in exploration and exploitation, and schedules for exploration and exploitation. Mining exploration areas are limited by straight lines connecting vertices shown on national coordinate system topographic maps at appropriate scales.

e) Determination of scale, capacity of exploitation, requirements for exploitation technology.

g) Solutions and schedule for organizing implementation of the planning.

5. The People's Committee of the province shall organize the establishment, approval, and publication of exploration, exploitation, and utilization planning for provincial and centrally governed city minerals after being approved by the People's Council at the same level.

Article 10. Investment in basic geological surveys for minerals using capital from organizations and individuals

1. Encourage organizations and individuals to participate in investment in basic geological surveys for minerals, except for basic geological surveys for coal, uranium, thorium minerals or areas within the national border zone.

2. Based on the approved planning for basic geological surveys for minerals and the provisions stipulated in Clause 1 of this Article, the Ministry of Natural Resources and Environment shall compile a list of projects for basic geological surveys for minerals that are encouraged for investment with capital from organizations and individuals, to be submitted to the Prime Minister for approval.

3. Organizations and individuals participating in investment in basic geological surveys for minerals must meet the following requirements:

a) Meeting the conditions as prescribed in Clause 1 of Article 34 and Clause 1 of Article 51 of the Minerals Law.

b) Having sufficient funds to implement the entire project for basic geological surveys for minerals.

c) The implementation of the project for basic geological surveys for minerals must be supervised by the General Department of Geology and Minerals during its execution.

4. The Ministry of Natural Resources and Environment has the responsibility:

a) Publish the list of projects for basic geological surveys for minerals that are encouraged for investment on the Ministry's electronic information website after approval.

b) Issue regulations supervising the implementation process of projects for basic geological surveys for minerals.

c) Take the lead and coordinate with the Ministry of Planning and Investment and the Ministry of Finance to guide procedures for capital contribution and management of capital participation in investment by organizations and individuals.

Article 11. Delimitation of Areas with Dispersed and Small-Scale Mineral Deposits

1. An area with minerals (excluding ordinary construction materials, mud coal, harmful minerals, mineral water, natural hot water) shall be delimitated as an area with dispersed and small-scale mineral deposits when it meets the criteria specified in Clause 2 of this Article.

2. The delimitation of areas with dispersed and small-scale mineral deposits as stipulated in Clause 2 of Article 27 of the Minerals Law must meet the following criteria:

a) Not located in areas prohibited from mineral activities, temporarily prohibited from mineral activities, or national mineral reserves.

b) Independently distributed minerals with estimated reserves or resources at a small scale; minerals in areas where mining operations have been decided to close mines according to Clause 2 of Article 73 of the Minerals Law, and remaining estimated reserves and resources still fall within the small scale defined in the Appendix issued together with this Decree.

c) No signs of discovering other minerals besides those already explored or assessed for potential.

3. The Ministry of Natural Resources and Environment is responsible for delimiting and announcing areas with dispersed and small-scale mineral deposits as stipulated in Clauses 1 and 2 of this Article.

Based on local realities, the People's Committee of the province may propose the Ministry of Natural Resources and Environment to delimit and announce areas with dispersed and small-scale mineral deposits.

Article 12. Criteria for Delimitation of Areas Not Subject to Auction for Mining Rights

An area with minerals shall be delimitated as an area not subject to auction for mining rights as stipulated in Clause 2 of Article 78 of the Minerals Law if it falls under any of the following cases:

1. Energy security mineral areas including: coal, uranium, thorium.

2. Limestone and clay areas used as raw materials for cement production or minerals used as additives for cement production, which have been identified as raw material sources for cement plant projects; areas with minerals identified as raw material sources for deep processing mineral projects approved or consented to by the Prime Minister.

3. Mineral areas within the national border zone, strategic areas for national defense and security.

4. Areas with projects for constructing works as stipulated in Point b Clause 1 of Article 65 of the Minerals Law.

5. Ordinary construction material mineral areas determined to be mined to provide raw materials for maintenance and repair of infrastructure works.

6. Mineral activity areas where exploration and mining activities are restricted according to Point a Clause 2 of Article 26 of the Minerals Law.

7. Mineral activity areas where authorities with competent jurisdiction have issued exploration permits or mining permits before July 1, 2011.

8. Other cases decided by the Prime Minister.

Chapter III

PROVISIONS ON MINERAL ACTIVITIES

 Section 1

MINERAL EXPLORATION

Article 13. Selection of organizations and individuals to issue Mineral Exploration Licenses in areas not subject to bidding for mining rights

The selection of organizations and individuals to issue Mineral Exploration Licenses in areas not subject to bidding for mining rights as stipulated in Clause 1, Article 36 of the Minerals Law shall be carried out as follows:

1. In cases where only one organization or individual submits an application for mineral exploration within the time limit specified in Point a, Clause 1, Article 35 of this Decree, such organization or individual will be selected to issue a Mineral Exploration License when they meet the conditions set forth in Clause 1, Article 34 and Points b and c, Clause 2, Article 40 of the Minerals Law.

2. In cases where two or more organizations or individuals have submitted applications for mineral exploration and meet the conditions set forth in Clause 1, Article 34 and Points b and c, Clause 2, Article 40 of the Minerals Law within the time limit specified in Point a, Clause 1, Article 35 of this Decree, the organization or individual selected to issue a Mineral Exploration License will be the one that satisfies the following conditions to the greatest extent:

a) At the time of reviewing the application, it has the largest proportion of owner's equity compared to the total investment capital required to implement the exploration project.

b) It is an organization or individual that has invested in basic geological surveys on minerals in the area intended for issuance of the Mineral Exploration License.

c) It commits to exploiting and using the minerals for domestic production needs in accordance with approved mineral planning after successful exploration.

3. In cases where all organizations or individuals applying for a Mineral Exploration License satisfy the conditions set forth in Clause 2 of this Article, the organization or individual that submits the application first, as recorded in the receipt form, will be selected to issue a Mineral Exploration License.

Article 14. Conditions for Individual Households to Conduct Mineral Exploration for Ordinary Construction Materials

An individual household as stipulated in Clause 2, Article 34 of the Minerals Law will be issued a Mineral Exploration License for ordinary construction materials when meeting the following conditions:

1. Selected by the provincial People's Committee according to the provisions of Article 13 of this Decree or winning the bidding for mining rights in areas yet to be explored for minerals; having a contract with an organization that meets the conditions for mineral exploration practice as stipulated in Clause 1, Article 35 of the Minerals Law to implement the exploration project.

2. Having an exploration plan consistent with the provincial or centrally-administered city's exploration, exploitation, and utilization plan for minerals.

3. Having owner's equity of at least 50% of the total investment capital for implementing the mineral exploration project.

4. The area for exploration application does not exceed 01 hectare.

Article 15. Transfer of Mineral Exploration Rights

1. Conditions for transferring mineral exploration rights:

a) The transferee must meet the conditions stipulated in Clause 1, Article 34 of the Minerals Law; if lacking the conditions for mineral exploration practice, they must have a contract with an organization that meets the conditions for mineral exploration practice as stipulated in Clause 1, Article 35 of the Minerals Law to continue implementing the exploration project.

b) As of the transfer date, the transferor has fulfilled all obligations stipulated in Points b, c, d, and e, Clause 2, Article 42; Clause 3, Article 43 of the Minerals Law and the Mineral Exploration License.

c) At the time of transfer, there is no dispute regarding rights and obligations related to exploration activities.

d) The party proposing the transfer has submitted the transfer application documents to the receiving authority when the Mineral Exploration License remains valid for at least 90 days.

2. The transfer of mineral exploration rights must be evidenced by a contract between the transferor and the transferee. The content of the transfer contract must clearly state the quantity and volume of work items, exploration costs completed up to the transfer date; responsibilities of both parties in performing the work and obligations after the transfer.

3. The maximum processing time for the transfer application documents is 45 days from the date the receiving authority issues a receipt.

If the transfer proposal is not approved by the competent authority, the transferor may continue to implement the Mineral Exploration License or return the Mineral Exploration License.

4. The transferor and transferee of mineral exploration rights must fulfill tax, fee, and charge obligations as prescribed by law.

Article 16. Exploration to Upgrade Reserves in Mining Areas

1. Organizations and individuals permitted to extract minerals shall not be required to apply for a Mineral Exploration Permit when conducting exploration to upgrade mineral reserves from reserves with lower geological study levels to higher ones, or when upgrading resources to reserves within the permitted mining area.

2. When conducting exploration to upgrade mineral reserves, organizations and individuals permitted to extract minerals shall have the responsibility to:

a) Notify the program, plan, and volume of exploration work to upgrade to the competent state management agency issuing the permit as stipulated in Article 82 of the Minerals Law before implementation.

b) In cases where they do not meet the conditions for mineral exploration practice, they must contract with organizations or individuals meeting the conditions prescribed in Clause 1, Article 35 of the Minerals Law to carry out the exploration work to upgrade.

c) Upon completion of the exploration to upgrade reserves, submit the exploration results to the competent state agency as prescribed in Clause 1, Article 49 of the Minerals Law.

Article 17. Extension of Mineral Exploration Permits

1. Organizations and individuals applying for an extension of a Mineral Exploration Permit will be considered for extension if they meet the following conditions:

a) They have submitted the complete application dossier for extending the Mineral Exploration Permit to the receiving agency at least 45 days before the expiration date of the Mineral Exploration Permit, providing a clear explanation for the request for extension.

b) At the time of requesting an extension, they have not completed all the work items specified in the Mineral Exploration Permit or there has been a change in geological structure; exploration methods compared to the approved exploration project.

c) By the time of requesting an extension, the organization or individual granted the exploration permit has fulfilled the obligations stipulated in Points b, c, d, đ, and e of Clause 2, Article 42 of the Minerals Law.

2. In cases where the Mineral Exploration Permit has expired but the extension application dossier is still under review by the competent state authority, the organization or individual conducting mineral exploration may continue the exploration work until the extension is granted or receive a written response that the extension is not granted.

Article 18. Changes in Exploration Methods and Volumes

1. In cases where there is a change in the exploration method or the exploration volume exceeds 10% of the budgeted cost in the approved exploration project, the organization or individual permitted to conduct mineral exploration must submit a report explaining the reasons for the change to:

a) The Department of Natural Resources and Environment where the mineral exploration activities take place, in cases where the Mineral Exploration Permit is issued by the People's Committee of the province.

b) The General Directorate of Geology and Minerals in cases where the Mineral Exploration Permit is issued by the Ministry of Natural Resources and Environment.

2. Within no more than 10 working days from the date of receipt of the report from the organization or individual as stipulated in Clause 1 of this Article, the Department of Natural Resources and Environment, the General Directorate of Geology and Minerals, according to their respective authorities, shall have the responsibility to examine related files and documents, including on-site inspections if necessary, to report to the competent authority issuing the exploration permit for consideration and approval of the change in exploration methods or volumes. If the change is not approved, a written response must be provided with the reasons stated clearly.

Article 19. On-site Survey and Surface Sampling for Selection of Area to Develop Mineral Exploration Plan

1. Organizations and individuals who need to conduct on-site surveys and surface sampling for selection of area to develop mineral exploration plans must submit a document along with the survey program and plan to the People's Committee of the province where the mineral exploration is expected to take place.

2. Within no more than 10 days from the date of receipt of the request document of organizations and individuals mentioned in Clause 1 of this Article, the People's Committee of the province shall issue a document notifying approval or disapproval. In case of disapproval, there must be a reply document stating the reasons.

Section 2

MINERAL RESERVES APPRAISAL AND APPROVAL

Article 20. Organization and Activities of the National Mineral Reserves Appraisal Council

1. The National Mineral Reserves Appraisal Council specified in Point a, Clause 1, Article 49 of the Law on Minerals includes: The Chairman of the Council is the Minister of Natural Resources and Environment, the Vice-Chairman of the Council is the Deputy Minister of Natural Resources and Environment, and other members of the Council are decided by the Prime Minister based on the proposal of the Minister of Natural Resources and Environment and relevant ministries and sectors.

Members of the National Mineral Reserves Appraisal Council work on a part-time basis and according to the Council's operational regulations issued by the Chairman of the Council.

2. The National Mineral Reserves Appraisal Council has an Office located at the Ministry of Natural Resources and Environment to assist the Council. The organization and activities of the National Mineral Reserves Appraisal Council's Office are regulated by the Chairman of the National Mineral Reserves Appraisal Council.

3. The National Mineral Reserves Appraisal Council is responsible for appraising and approving reserves in the report of mineral exploration results within the licensing authority of the Ministry of Natural Resources and Environment.

The appraisal of the report of mineral exploration results and the approval of mineral reserves in the report of mineral exploration results are carried out in accordance with the provisions of Article 22 of this Decree.

Article 21. Appraisal and Approval of Mineral Reserves within the Licensing Authority of the Provincial People's Committee

1. The Provincial People's Committee is responsible for appraising the report of mineral exploration results and approving mineral reserves in the report of mineral exploration results within the licensing authority stipulated in Clause 2, Article 82 of the Law on Minerals. The appraisal of the report of mineral exploration results and the approval of mineral reserves in the report of mineral exploration results are carried out in accordance with the provisions of Article 22 of this Decree.

2. The Department of Natural Resources and Environment takes the lead and coordinates with relevant state management agencies to appraise the report of exploration results, and submits it to the Provincial People's Committee for approval of reserves in the report of mineral exploration results as stipulated in Clause 1 of this Article.

3. In cases deemed necessary, the Provincial People's Committee decides to establish a Technical Advisory Board consisting of representatives of relevant state management agencies and some experts with deep expertise in mineral exploration to appraise the report of mineral exploration results before submitting for approval of mineral reserves within the licensing authority.

Article 22. Content of the review of the report on the results of mineral exploration and approval of reserves in the mineral exploration report

1. The content of the review of the report on the results of mineral exploration includes:

a) Legal basis and grounds for preparing the report.

b) Results of implementing the volume of exploration works; analysis of reserve calculation criteria; method of delineation and calculation of mineral reserves compared to the approved mineral exploration project and the content of the Mineral Exploration Permit.

c) Reliability of reserves, grades, and quality of main minerals and accompanying useful minerals.

d) Reliability of geological and hydrogeological conditions related to the feasibility study of mineral exploitation.

2. The content of approving reserves in the report on the results of mineral exploration:

a) Name of the mineral and administrative location of the mineral exploration area.

b) Geological reserves of the main mineral; geological reserves of all accompanying minerals (if any).

c) Scope of use of the report on the results of exploration.

Section 3

MINERAL EXPLOITATION, CLOSURE OF MINING OPERATIONS

Article 23. Conditions for individual businesses to be granted permission to exploit ordinary construction materials and to exploit residual minerals

Individual businesses specified in Clause 2, Article 51 of the Minerals Law shall be granted a Mining Exploitation Permit for ordinary construction materials and a Mining Exploitation Permit for residual minerals when meeting the following conditions:

1. Having an investment project for mining in areas that have been explored and approved reserves consistent with the provincial or municipal planning for mineral exploration, exploitation, and utilization. The mining investment project must include a plan for using specialized human resources, equipment, technology, and mining methods suitable for the project.

2. Having an environmental protection commitment confirmed in accordance with the laws on environmental protection.

3. Having at least 30% of the total investment capital of the mining investment project as owner's equity.

4. The scale of mining capacity does not exceed 3,000 cubic meters³ of raw mineral products per year.

Article 24. Transfer of mining exploitation rights

1. Conditions for transferring mining exploitation rights:

a) The organization or individual receiving the transfer meets the conditions stipulated in Clause 1, Article 51 and Clause 2, Article 53 of the Minerals Law.

b) As of the date of transfer, the organization or individual permitted to exploit minerals has completed the tasks prescribed in Clause 1, Article 66 and the obligations prescribed in Points a, b, c, d, e, and g of Clause 2, Article 55 of the Minerals Law.

c) The exploitation area does not have disputes over rights and obligations related to mineral activities.

d) The organization or individual proposing the transfer has submitted complete files to the file-receiving agency when the Mining Exploitation Permit remains valid for at least 90 days.

2. The content of transferring mining exploitation rights is reflected in a contract between the transferring party and the receiving party with the following main contents:

a) Current quantity, volume, value of exploitation facilities and technical infrastructure already invested in and constructed; financial obligation fulfillment status of the transferring organization or individual up to the signing date of the transfer contract.

b) Obligations of the receiving organization or individual to continue performing unfinished tasks and obligations of the transferring organization or individual up to the transfer date.

c) Other rights and obligations of the transferring organization or individual and the receiving organization or individual according to regulations.

3. The maximum processing time for the transfer permit application is 45 days from the date the file-receiving agency issues a receipt for the file.

In case the transfer request is not approved by the competent authority, the transferring organization or individual may continue to implement the Mining Exploitation Permit or return the Mining Exploitation Permit.

4. The transferring and receiving organizations or individuals of mining exploitation rights must fulfill tax, fee, and charge obligations as prescribed by law.

Article 25. Extension of Mineral Extraction Permit and Mineral Exhaustive Extraction Permit

1. Organizations and individuals extracting minerals may extend the Mineral Extraction Permit and Mineral Exhaustive Extraction Permit when meeting the following conditions:

a) Having submitted all required documents for the extension of the Mineral Extraction Permit and Mineral Exhaustive Extraction Permit to the competent authority receiving the application at least 45 days before the expiration date of the Mineral Extraction Permit and at least 15 days before the expiration date of the Mineral Exhaustive Extraction Permit, with a clear explanation of the reasons for the extension request.

b) Submitting a report on the results of mineral extraction activities, proving that the total amount of minerals extracted has not reached the permitted quantity within the extraction area as stated in the Mineral Extraction Permit.

c) At the time of requesting the extension, the organization or individual granted the permit has fulfilled all obligations stipulated in points a, b, c, d, đ, e, and g of Clause 2, Article 55 of the Minerals Law.

d) Fully performing the obligations related to environmental protection, land use, water use, and technical infrastructure in accordance with the laws on minerals and relevant laws.

đ) At the time of requesting the extension, the subsequent mineral extraction plan must comply with the approved mineral planning as stipulated in point c or point d of Clause 1, Article 10 of the Minerals Law.

2. The extension of the Mineral Extraction Permit and Mineral Exhaustive Extraction Permit is an extension of the time to continue exercising the right to extract minerals based on the remaining permitted mineral reserves at the time of extension without changing the permitted extraction capacity. If there is a desire to increase the extraction capacity, the organization or individual extracting minerals must prepare an investment project for renovation or expansion; prepare an environmental impact assessment report or environmental protection commitment according to regulations. When extending the Mineral Extraction Permit, the extraction area can be adjusted to match the remaining mineral reserves but must not exceed the scope of the previously authorized extraction area.

3. In cases where the Mineral Extraction Permit and Mineral Exhaustive Extraction Permit have expired but the extension application is still under review by the competent state authority, the organization or individual extracting minerals may continue to extract minerals according to the permit until the extension decision is made or until they receive a document stating that the permit will not be extended.

Article 26. Review of Mine Closure Plan

1. The Ministry of Natural Resources and Environment and the People's Committee of the province, as stipulated in Clause 1 and Clause 2 of Article 82 of the Minerals Law, shall organize the review of the mine closure plan before making the decision to close the mine.

2. The content of the review of the mine closure plan includes:

a) Reasons for closing the mine;

b) Current status, quantity, volume, and safety level of mine structures, including waste dumps at the time of mine closure.

c) Actual volume of minerals extracted, remaining mineral reserves in the permitted extraction area at the time of mine closure;

d) Volume of work and methods for mine closure, measures to protect unextracted minerals; solutions to ensure safety in the mining area after mine closure, including waste dumps; measures to restore land and related environment.

đ) Volume and progress of implementation of the tasks in the plan and the completion time for mine closure.

Chapter IV

PROCEDURES FOR GRANTING MINERAL ACTIVITY PERMITS, APPROVING MINERAL RESERVES AND CLOSING MINES

MINERAL ACTIVITY PERMITS, APPROVING MINERAL RESERVES AND CLOSING MINES

Section 1

RECEIVING AUTHORITY, FORM OF APPLICATION SUBMISSION AND RESULT DELIVERY

Article 27. Authorities Receiving Applications for Mineral Exploration Permits, Reserves Approval Applications, and Mine Closure Applications

The authorities receiving applications for mineral exploration permits, reserves approval applications, and mine closure applications shall be as follows:

1. The General Department of Geology and Minerals is the authority receiving applications for mineral exploration permits and mine closure applications within the permit-granting authority of the Ministry of Natural Resources and Environment.

2. The Office of the National Committee for Mineral Reserve Evaluation is the authority receiving applications for reserves approval within the report on the results of mineral exploration according to the mineral exploration permit granted by the Ministry of Natural Resources and Environment.

3. The Department of Natural Resources and Environment is the authority receiving applications for mineral exploration permits, reserves approval applications within the report on the results of mineral exploration, and mine closure applications within the permit-granting authority of the Provincial People's Committee.

Article 28. Forms of Receiving and Delivering Results of Applications for Mineral Exploration Permits, Reserves Approval Applications, and Mine Closure Applications

1. Applications for mineral exploration permits and mine closure applications shall be submitted directly or sent through postal service to the authority receiving applications as stipulated in Clause 1 and Clause 3 of Article 27 of this Decree.

Applications for reserves approval shall be submitted directly to the authority receiving applications as stipulated in Clause 2 and Clause 3 of Article 27 of this Decree.

2. The time limit for processing applications as stipulated in Clause 2 of Article 48; Clause 2 of Article 50; Clause 2 of Article 60 and Clause 2 of Article 71 of the Law on Minerals shall be calculated from the date the authority receiving applications issues a receipt.

3. The delivery of results shall be carried out directly at the authority receiving applications.

Section 2

FORMS OF DOCUMENTS IN APPLICATIONS

Article 29. Applications for Issuance, Extension, Return of Exploration Permits, Partial Return of Exploration Area, and Transfer of Exploration Rights

1. Documents in the application for issuance of an exploration permit as stipulated in Clause 1 of Article 47 of the Law on Minerals shall be prepared in one set, in the following form:

a) Original: Application for issuance of the Mineral Exploration Permit; map of the exploration area; exploration plan.

b) Original or certified copy: Commitment to environmental protection in cases of hazardous mineral exploration; confirmation document of winning auction in cases of auctioning mineral exploitation rights in unexplored areas; business registration certificate; decision on establishment of representative office, branch in Vietnam in case of foreign enterprises; bank document confirming the registered capital as prescribed in Point c of Clause 2 of Article 40 of the Law on Minerals.

2. Documents in the application for extension of the Mineral Exploration Permit as stipulated in Clause 2 of Article 47 of the Law on Minerals shall be prepared in one set, in the following form:

a) Original: Application for extension of the Mineral Exploration Permit; report on the results of mineral exploration conducted up to the date of the extension request and the subsequent exploration plan; map of the exploration area.

b) Original or certified copy: documents implementing obligations related to exploration activities up to the date of the extension request of the Mineral Exploration Permit.

3. Documents in the application for return of the Mineral Exploration Permit or partial return of the exploration area as stipulated in Clause 3 of Article 47 of the Law on Minerals shall be prepared in one set, in the following form:

a) Original: Application for return of the Mineral Exploration Permit or partial return of the exploration area; Mineral Exploration Permit; report on the results of mineral exploration conducted up to the date of the return request; map of the exploration area, subsequent exploration plan in case of partial return of the exploration area.

b) Original or certified copy: documents implementing obligations related to exploration activities up to the date of the return request.

4. Documents in the application for transfer of exploration rights as stipulated in Clause 4 of Article 47 of the Law on Minerals shall be prepared in one set, in the following form:

a) Original: Application for transfer of exploration rights; contract for transfer of exploration rights; report on the results of mineral exploration up to the date of the transfer request.

b) Original or certified copy: documents proving that the transferring entity or individual has fulfilled the obligations prescribed in Points b, c, d, and e of Clause 2 of Article 42; Clause 3 of Article 43 of the Law on Minerals; business registration certificate of the entity or individual receiving the transfer of exploration rights; decision on establishment of representative office, branch in Vietnam in case the entity or individual receiving the transfer is a foreign enterprise.

Article 30. Documents for Application to Approve Mineral Reserves

The documents in the application for approval of mineral reserves as stipulated in Clause 1, Article 50 of the Minerals Law shall be compiled into one set in the following format:

1. Original: Application for Approval of Mineral Reserves; report on the results of mineral exploration, appendices, drawings, and original documents related thereto; appendix explaining temporary criteria for calculating mineral reserves; minutes of acceptance of quantity and quality of mineral exploration works carried out by organizations or individuals holding Exploration Licenses.

2. Original or certified copy: Approved mineral exploration plan and Exploration License.

3. Data of the documents specified in Clause 1 of this Article recorded on a CD (one set).

Article 31. Documents for Issuance, Extension, Return of Mining Licenses, Partial Return of Mining Area, and Transfer of Mining Rights

1. The documents in the application for issuance of mining licenses as stipulated in Clause 1, Article 59 of the Minerals Law shall be compiled into one set in the following format:

a) Original: Application for Mining License; map of the mining area; mining investment project accompanied by the approval decision.

b) Original or certified copy: Decision approving mineral reserves issued by competent state agencies; confirmation document of successful auction in cases where the right to mine in areas with completed exploration results is auctioned; investment certificate; environmental impact assessment report accompanied by the approval decision or environmental protection commitment accompanied by the confirmation document of the competent state management agency; business registration certificate; document confirming the owner's capital as prescribed in point c, Clause 2, Article 53 of the Minerals Law.

2. The documents in the application for extension of mining licenses as stipulated in Clause 2, Article 59 of the Minerals Law shall be compiled into one set in the following format:

a) Original: Application for Extension of Mining License; map of current mining status at the time of application for extension; report on mining operation results up to the time of application for extension.

b) Original or certified copy: documents proving the fulfillment of obligations as prescribed in points a, b, c, d, e, and g, Clause 2, Article 55 of the Minerals Law up to the time of application for extension.

3. The documents in the application for return of mining licenses or partial return of mining area as stipulated in Clause 3, Article 59 of the Minerals Law shall be compiled into one set in the following format:

a) Original: Application for Return of Mining License or Partial Return of Mining Area; map of current mining status at the time of application for return; Mining License; report on mining results up to the time of application for return; closure plan in case of returning the Mining License.

b) Original or certified copy: documents proving the fulfillment of obligations as prescribed in points a, b, c, d, e, and g, Clause 2, Article 55 of the Minerals Law up to the time of application for return.

4. The documents in the application for transfer of mining rights as stipulated in Clause 4, Article 59 of the Minerals Law shall be compiled into one set in the following format:

a) Original: Application for Transfer of Mining Rights; mining rights transfer contract accompanied by the valuation list of transferred assets; map of current mining status at the time of application for transfer; report on mining results up to the time of application for transfer of mining rights.

b) Original or certified copy: documents proving the fulfillment of obligations as prescribed in points a, b, c, d, and g, Clause 2, Article 55 of the Minerals Law up to the time of transfer by the transferring organization or individual; business registration certificate, investment certificate of the organization or individual receiving the transfer of mining rights.

Article 32. Documents for Issuance, Extension, and Return of Mining Depletion Permit

1. The documents in the application dossier for issuance of mining depletion permit as stipulated in Clause 1, Article 70 of the Minerals Law shall be compiled into one set in the following form:

a) Original: Application for issuance of Mining Depletion Permit; map of the mining depletion area; investment project for mineral exploitation accompanied by the decision on approval.

b) Original or certified copy: Investment Certificate; environmental impact assessment report accompanied by the decision on approval or environmental protection commitment letter accompanied by the confirmation letter from the competent state management agency; business registration certificate.

2. The documents in the application dossier for extension of Mining Depletion Permit as stipulated in Clause 2, Article 70 of the Minerals Law shall be compiled into one set in the following form:

a) Original: Application for extension of Mining Depletion Permit; report on the results of mining depletion up to the time of application for extension.

b) Original or certified copy including: documents proving the fulfillment of obligations specified in Points a, b, c, d, e, and g of Clause 2, Article 55 of the Minerals Law up to the time of application for extension.

3. The documents in the application dossier for return of Mining Depletion Permit as stipulated in Clause 3, Article 70 of the Minerals Law shall be compiled into one set in the following form:

a) Original: Application for return of Mining Depletion Permit; Mining Depletion Permit; report on the results of mining depletion up to the time of returning the permit; mine closure plan.

b) Original or certified copy: documents proving the fulfillment of obligations as prescribed in points a, b, c, d, e, and g, Clause 2, Article 55 of the Minerals Law up to the time of application for return.

Article 33. Documents for Mine Closure

1. The components of the mine closure dossier as stipulated in Article 73 of the Minerals Law include:

a) Application for mine closure.

b) Mine closure plan.

c) Map of the current status of the mine closure area.

d) Documents proving the fulfillment of obligations related to mineral exploitation up to the time of mine closure.

2. The documents in the mine closure dossier as stipulated in Clause 1 of this Article shall be compiled into one set in the following form:

a) Original: Application for mine closure; Mining Permit; mine closure plan; map of the current status of the mineral exploitation area at the time of application for mine closure.

b) Original or certified copy: documents proving the fulfillment of obligations specified in Points a, b, c, d, e, and g of Clause 2, Article 55 of the Mineral Law up to the time of application for mine closure.

Article 34. Sample Documents in the Dossier for Issuance of Mining Operation Permit, Approval of Mineral Reserves, and Mine Closure

1. The documents in the dossier for application for issuance of mining operation permit, approval of mineral reserves, and mine closure; samples: Mineral Exploration Permit, Mining Permit, decision on approval of mineral reserves, decision on approval of mine closure plan, and decision on mine closure shall be compiled according to a unified model throughout the country.

2. The Ministry of Natural Resources and Environment shall issue the models of these types of documents as stipulated in Clause 1 of this Article.

Section 3

PROCEDURAL STEPS FOR IMPLEMENTATION OF PROCEDURES

Article 35. Procedure for Implementing Mineral Exploration Permit Issuance Procedures

1. The acceptance of applications for mineral exploration permits in areas not subject to auctioned mining rights shall be carried out as follows:

a) Upon receipt of the application from the first organization or individual requesting mineral exploration, the agency accepting the application shall publicly announce the name of the organization or individual, the type of minerals, and the location of the proposed exploration area at its office and on the website of the competent authority issuing the permit.

The period for receiving and announcing applications for mineral exploration from other organizations and individuals is thirty days, starting from the date of receipt of the first application for mineral exploration from an organization or individual.

b) At the end of the period specified in point a of this clause, the agency accepting the application will not accept further applications and will select organizations or individuals to issue mineral exploration permits in accordance with the provisions of Clause 2, Article 13 of this Decree.

The selection period for organizations or individuals to obtain mineral exploration permits is five working days, starting from the day the announcement period ends as specified in point a of this clause.

c) At the end of the period specified in point b of this clause, if an application from an organization or individual is selected for the issuance of a permit, the agency accepting the application will issue a document accepting the application and publicly announce the name of the selected organization or individual at its office and on the website of the competent state authority issuing the permit.

For organizations or individuals not selected to obtain mineral exploration permits, the agency accepting the application has the responsibility to notify them in writing about the reasons for non-selection.

2. The acceptance of applications for mineral exploration from organizations or individuals winning the auction for mining rights in areas yet to be explored shall be carried out as follows:

a) Organizations or individuals winning the auction for mining rights submit applications for mineral exploration to the agency accepting the application.

b) Within no more than two working days, the agency accepting the application is responsible for checking the documents in the application. If the documents comply with the provisions of Clause 1, Article 47 of the Minerals Law and Clause 1, Article 29 of this Decree, the agency accepting the application will issue a document accepting the application.

3. In cases where the application for mineral exploration does not contain all required documents or contains sufficient documents but their contents do not meet legal requirements, the agency accepting the application will guide the organization or individual applying for mineral exploration in writing to supplement and complete the application. The guidance and request for supplementation and completion of the application by the agency accepting the application will only be carried out once.

4. Review of Applications for Mineral Exploration Permits

Within no more than fifty-five days from the date of the document accepting the application, the agency accepting the application is responsible for completing the following tasks:

a) Checking the coordinates and area of the proposed mineral exploration site, including on-site inspection.

b) Sending documents to relevant agencies regarding the proposed mineral exploration site as provided for in Clause 3, Article 48 of the Minerals Law.

Within twenty days from the date of receipt of the request for comments from the agency accepting the application, the agency providing comments is responsible for responding in writing to related issues. Failure to provide a written response within the specified period is considered as agreement by the agency providing comments.

c) Organizing the review of the mineral exploration project before submitting it for the issuance of a mineral exploration permit according to the procedures stipulated in Article 36 of this Decree.

5. Submission of Applications for Mineral Exploration Permits

a) Within no more than twenty-one days from the date of completion of the tasks specified in Clause 4 of this Article, the agency accepting the application is responsible for completing and submitting the permit application for mineral exploration to the competent state authority issuing the permit.

b) Within no more than seven working days from the date of receipt of the application from the agency accepting the application, the competent state authority issuing the permit decides whether to issue or not issue a mineral exploration permit. In case of not issuing a mineral exploration permit, a written response must be given with clear reasons.

6. Delivery of Results of Applications for Mineral Exploration Permits

Within seven working days from the date of receipt of the mineral exploration permit application from the competent state authority issuing the permit, the agency accepting the application will notify the organization or individual applying for the permit to receive the results and fulfill related obligations as prescribed.

Article 36. Procedure for Reviewing Exploration Plan for Mineral Resources

1. The procedure for reviewing exploration plans for mineral resources within the licensing authority of the Ministry of Natural Resources and Environment shall be carried out as follows:

a) Within twenty days from the date of receipt of the application file, the receiving agency sends the exploration plan to seek comments from some experts in specialized fields. The time for experts to respond to their opinions shall not exceed ten working days from the date of receipt of the request from the receiving agency.

b) Within five working days from the date of receipt of the comments from the experts, the receiving agency is responsible for compiling the comments and sending them together with the application file for mineral resource exploration to the Chairman of the Exploration Plan Review Board specified in Clause 3 of this Article (hereinafter referred to as the Review Board).

c) Within fifteen days from the date of receipt of the application file for mineral resource exploration accompanied by the comments from the experts, the Chairman of the Review Board decides to convene a meeting of the Review Board.

d) Within five working days from the date of conclusion of the meeting, the receiving agency must complete the minutes of the Review Board meeting. In cases where supplementation, revision, or redrafting of the exploration plan is required, the receiving agency sends a notification letter clearly stating the reasons for not approving the plan or the contents that need to be supplemented or completed according to the minutes of the Review Board meeting.

The time taken by organizations and individuals applying for exploration licenses to supplement, complete, or redraft the exploration plan shall not be included in the review period for the exploration plan.

2. The procedure for reviewing exploration plans for mineral resources within the licensing authority of the Provincial People's Committee shall be carried out as follows:

a) Within twenty days from the date of receipt of the application file, the receiving agency sends the exploration plan for mineral resources to seek comments from some experts in specialized fields. The time for experts to respond to their opinions shall not exceed ten working days from the date of receipt of the request from the receiving agency.

b) Within five working days from the date of receipt of the comments from the experts, the receiving agency is responsible for compiling the comments and sending them together with the application file for mineral resource exploration to the Provincial People's Committee.

c) Within twenty days from the date of receipt of the application file for mineral resource exploration accompanied by the comments from the experts, the Provincial People's Committee decides on the approval of the content of the exploration plan for issuing the license or establishing the Review Board if necessary.

In cases where supplementation or revision of the exploration plan for mineral resources is required according to the opinions of the Provincial People's Committee or the Review Board, the receiving agency sends a notification letter clearly stating the reasons for not approving the plan or the contents that need to be supplemented or completed in the exploration plan for mineral resources.

The time taken by organizations and individuals applying for exploration licenses to supplement, complete, or redraft the exploration plan shall not be included in the review period for the exploration plan.

3. The Ministry of Natural Resources and Environment stipulates the organization and operation of the Review Board for the exploration plan for mineral resources.

Article 37. Procedure for Implementing Licensing Procedures for Exploiting Mineral Resources

1. The procedure for receiving applications for Mineral Resource Exploitation Licenses shall be carried out as follows:

a) Organizations and individuals applying for Mineral Resource Exploitation Licenses submit the exploitation application file to the receiving agency.

b) Within two working days from the date of receipt of the application file, the receiving agency is responsible for checking the documents in the file. If the documents in the file comply with the provisions of Clause 1 of Article 59 of the Law on Minerals and Clause 1 of Article 31 of this Decree, the receiving agency issues a receipt for the application file. If the application file for mineral resource exploitation is incomplete or the contents of the documents in the file do not comply with the legal regulations, the receiving agency guides the organization or individual applying for mineral resource exploitation in writing to supplement and complete the file. The issuance of guidance letters and requests for supplementation and completion of the file by the receiving agency shall only be carried out once.

2. Review of the application file for Mineral Resource Exploitation Licenses:

a) Within twenty-five days from the date of receipt of the application file, the receiving agency is responsible for completing the verification of coordinates and area of the proposed exploitation site and conducting field inspections.

b) Within five working days from the date of completion of the work specified in point a of this clause, the receiving agency sends a letter seeking opinions to relevant agencies regarding the issuance of the Mineral Resource Exploitation License as provided for in point c of Clause 2 of Article 60 of the Law on Minerals.

Within twenty days from the date of receipt of the opinion-seeking letter from the receiving agency, the agency sought for opinions is responsible for responding in writing to related issues. If there is no response within the above period, it shall be deemed that the agency sought for opinions has agreed.

c) Within thirty-five days, the receiving agency must complete the review of all relevant documents, files, and other contents related to mineral resource exploitation and determine the fee for granting the right to exploit mineral resources.

3. Submission of the application file for Mineral Resource Exploitation Licenses shall be carried out as follows:

a) Within five working days from the date of completion of the work specified in Clause 2 of this Article, the receiving agency is responsible for completing and submitting the application file for licensing to the competent state agency with licensing authority.

b) Within seven working days from the date of receipt of the application file from the receiving agency, the competent state agency with licensing authority decides on the issuance or non-issuance of the Mineral Resource Exploitation License. In case of non-issuance, a written response must be given with clear reasons stated.

4. Notification and delivery of results of the application file for Mineral Resource Exploitation Licenses

Within a period not exceeding fifteen days from the date of receiving the file from the competent authority issuing the permit, the agency receiving the file shall notify the organization or individual requesting issuance of the Mineral Exploitation Permit to collect the result and fulfill related obligations as prescribed.

Article 38. Procedure for Implementing the Issuance of Permits for Mining Tailings

1. The procedure for receiving files requesting issuance of the Mineral Exploitation Permit for Mining Tailings shall be carried out as follows:

a) The organization or individual requesting issuance of the Mineral Exploitation Permit for Mining Tailings shall submit the application file to the agency receiving the file.

b) Within a period not exceeding two working days from the date of receipt of the file, the agency receiving the file shall be responsible for checking the documents and materials in the file. In case the documents and materials comply with the provisions of Clause 1, Article 70 of the Law on Minerals and Clause 1, Article 32 of this Decree, the agency receiving the file shall issue a document accepting the file.

In case the file requesting mining tailings does not contain sufficient documents and materials as prescribed or contains sufficient but the contents of the documents and materials in the file do not comply with the legal regulations, the agency receiving the file shall guide in writing the organization or individual to supplement and complete the file. The issuance of guidance documents and requests for supplementation and completion of the file by the agency receiving the file shall only be carried out once.

2. Examination of the file for issuance of the Mineral Exploitation Permit for Mining Tailings:

a) Within a period not exceeding five working days from the date of receipt of the document accepting the file, the agency receiving the file shall be responsible for completing the verification of the coordinates and area of the proposed mining tailings exploitation zone and conducting field inspections.

b) Within a period not exceeding fifteen days, the agency receiving the file must complete the examination of the documents and materials and other relevant contents concerning the proposed mining tailings exploitation zone.

3. Submission of the file for issuance of the Mineral Exploitation Permit for Mining Tailings shall be carried out as follows:

a) Within a period not exceeding two working days from the date of completion of the tasks stipulated in Clause 2 of this Article, the agency receiving the file shall be responsible for completing and submitting the permit issuance file to the competent state authority issuing the permit.

b) Within a period not exceeding five working days from the date of receipt of the file from the agency receiving the file, the competent state authority issuing the permit shall decide on the issuance or non-issuance of the Mineral Exploitation Permit for Mining Tailings. In case of non-issuance, a written response must be provided stating the reasons.

4. Notification of the Result of the File for Issuance of the Mineral Exploitation Permit for Mining Tailings:

Within a period of three working days from the date of receipt of the permit issuance file from the competent authority issuing the permit, the agency receiving the file shall notify the organization or individual requesting issuance of the Mineral Exploitation Permit for Mining Tailings to collect the result and fulfill related obligations as prescribed.

Article 39. Procedure for Implementing the Extension, Transfer, Return of Part of the Area, Return of Mineral Exploration Permit, Mineral Exploitation Permit; Extension, Return of Mineral Exploitation Permit for Mining Tailings

1. The procedure for receiving files shall be carried out as follows:

a) The organization or individual requesting extension, transfer, return of part of the area, return of the Mineral Exploration Permit, Mineral Exploitation Permit; extension, return of the Mineral Exploitation Permit for Mining Tailings shall submit the file to the agency receiving the file.

b) Within a period not exceeding two working days from the date of receipt of the file, the agency receiving the file shall be responsible for checking the documents and materials in the file. In case the documents and materials comply with the provisions, the agency receiving the file shall issue a document accepting the file.

In case the file does not contain sufficient documents and materials as prescribed or contains sufficient but the contents of the documents and materials in the file do not comply with the legal regulations, the agency receiving the file shall guide in writing the organization or individual to supplement and complete the file. The guidance and request for supplementation and completion of the file by the agency receiving the file shall only be carried out once.

2. The procedure for examining the file shall be carried out as follows:

a) Within a period not exceeding five working days from the date of receipt of the document accepting the file, the agency receiving the file shall be responsible for completing the verification of the coordinates and area of the proposed extension, transfer, return of part of the area, return of the Mineral Exploration Permit, Mineral Exploitation Permit; not exceeding three days for the case of extension, return of the Mineral Exploitation Permit for Mining Tailings, including field inspections.

b) Within a period not exceeding thirty days, the agency receiving the file must complete the examination of the documents and materials and other relevant contents concerning the extension, transfer, return of part of the area, return of the Mineral Exploration Permit, Mineral Exploitation Permit; not exceeding five working days for the case of extension, return of the Mineral Exploitation Permit for Mining Tailings.

3. Submission of the file to the competent authority issuing the permit:

a) Within a period not exceeding two working days from the date of completion of the tasks stipulated in Clause 2 of this Article, the agency receiving the file shall be responsible for completing and submitting the file to the competent state authority issuing the permit.

b) Within a period not exceeding five working days from the date of receipt of the file from the agency receiving the file, the competent state authority issuing the permit shall decide on granting or denying permission for extension, transfer, return of part of the area, return of the Mineral Exploration Permit, Mineral Exploitation Permit; not exceeding three days for the case of extension, return of the Mineral Exploitation Permit for Mining Tailings. In case of denial, a written response must be provided stating the reasons.

4. Notification of the Result of the Resolution of the File:

Within a period not exceeding three working days from the date of receipt of the file from the competent state authority issuing the permit, the agency receiving the file shall notify the organization or individual requesting extension, transfer, return of part of the area, return of the Mineral Exploration Permit, Mineral Exploitation Permit; not exceeding two working days for the case of extension, return of the Mineral Exploitation Permit for Mining Tailings to collect the result.

Article 40. Procedure for Implementing Mineral Reserves Approval Procedures

1. Receiving Applications for Mineral Reserves Approval:

a) Organizations and individuals submit applications for mineral reserves approval directly at the office of the receiving agency as stipulated in Clause 2 and Clause 3, Article 27 of this Decree.

b) Within no more than two working days, the receiving agency shall be responsible for reviewing and checking the application. In cases where the documents comply with the provisions of Clause 1, Article 50 of the Law on Minerals and Article 30 of this Decree, the receiving agency shall notify organizations and individuals requesting reserves approval to pay the assessment fee for mineral reserves evaluation according to regulations. The receiving agency shall issue a receipt immediately after the organization or individual completes the obligation to pay the assessment fee for reserves approval.

If the application lacks complete documents as required or if the contents of the documents in the application do not meet legal requirements, the receiving agency shall guide in writing for organizations and individuals to supplement and perfect the application. The guidance and request for supplementation and perfection of the application by the receiving agency shall only be carried out once.

2. Inspection of Mineral Reserves Reports:

a) Within thirty days from the date of receipt of the receipt, the receiving agency shall be responsible for inspecting all documents and reports; conducting field inspections of mineral exploration areas, core drilling samples, trenches, and wells when deemed necessary.

b) Within sixty days from the completion of the work specified in Point a of this Clause, the receiving agency shall send the exploration report results to experts in relevant fields to seek opinions on related contents in the mineral exploration report. The time for experts to respond shall not exceed twenty days from the date they receive the request from the receiving agency.

c) Within thirty days from the completion of the work specified in Point b of this Clause, the receiving agency shall be responsible for compiling the opinions of the experts and preparing documents to present to the National Mineral Reserves Evaluation Council or the People's Committee of the province for consideration and decision.

If the report does not meet the requirements to be presented to the National Mineral Reserves Evaluation Council or the People's Committee of the province, the receiving agency shall notify in writing, specifying the reasons for organizations and individuals requesting reserves approval to supplement and perfect the report, accompanied by written comments from the experts.

The time taken by organizations and individuals to complete the mineral reserves report is not included in the assessment period for the report.

3. Assessment of Exploration Report Results and Approval of Mineral Reserves:

a) Within thirty days from the completion of the work specified in Point c of Clause 2 of this Article, the Chairman of the National Mineral Reserves Evaluation Council shall convene a meeting of the Council; the People's Committee of the province decides whether to establish or not establish the Technical Advisory Board as stipulated in Clause 2, Article 21 of this Decree.

b) Within five working days from the end of the meeting of the National Mineral Reserves Evaluation Council, the Technical Advisory Board, and the receiving agency must complete the minutes of the meeting. In cases where it is necessary to supplement and revise the mineral exploration report according to the opinions of the National Mineral Reserves Evaluation Council, the Technical Advisory Board, or the People's Committee of the province, the receiving agency shall send a notification letter specifying the contents that need to be supplemented and perfected, accompanied by the minutes of the meeting.

The time taken by organizations and individuals requesting approval to supplement and perfect the mineral exploration report is not included in the assessment period for the report.

c) Within fifteen days from the date of receipt of the supplemented and perfected exploration report results submitted by organizations and individuals requesting approval, the receiving agency shall submit the report to the competent authority for reserves approval as stipulated in Clause 1, Article 49 of the Law on Minerals.

d) Within five working days from the date of receipt of the application for reserves approval submitted by the receiving agency, the competent authority for reserves approval shall issue a decision approving the mineral reserves in the exploration report results.

4. Delivering the Results of Mineral Reserves Approval

Within five working days from the date of receipt of the application for reserves approval from the competent authority for reserves approval, the receiving agency shall notify organizations and individuals requesting reserves approval to come and collect the results and fulfill other related obligations.

Article 41. Responsibilities of the Provincial People's Committee in coordinating with the review and issuance of permits for mineral activities

1. In cases where areas prohibited from mineral activities or temporarily prohibited from mineral activities have not been approved according to regulations, before issuing a permit for mineral activities within their authority, the Ministry of Natural Resources and Environment shall only seek the written opinion of the provincial people's committee where the minerals are located regarding the area of the proposed permit for mineral activities that may or may not be related to areas prohibited from mineral activities or temporarily prohibited from mineral activities.

2. The provincial people's committee must provide a written response to the Ministry of Natural Resources and Environment no later than twenty days from the date of receipt of the written request for opinions as stipulated in Clause 1 of this Article.

Chapter V

FINANCIAL MATTERS RELATING TO MINERALS

Article 42. Fees for Mineral Exploitation Rights

The Ministry of Natural Resources and Environment shall take the lead in coordinating with the Ministry of Finance to establish methods for calculating, collecting, managing, and using fees for mineral exploitation rights.

Article 43. Budget for Basic Geological Survey on Minerals

1. The budget for basic geological survey on minerals shall be implemented according to the provisions of Clause 1, Article 21 of the Law on Minerals and supplemented from funds returned for costs of basic geological survey on minerals, exploration costs, and fees for mineral exploitation rights.

2. The Ministry of Finance shall take the lead in coordinating with the Ministry of Natural Resources and Environment to establish procedures for supplementing the budget for basic geological survey on minerals as stipulated in Clause 1 of this Article.

Chapter VI

IMPLEMENTING PROVISIONS

Article 44. Transitional Provisions

1. For applications for mineral activity permits submitted before July 1, 2011, which meet the legal conditions and are accepted by the competent authority, they will continue to be processed based on the principle that organizations and individuals permitted to engage in mineral activities must fulfill their obligations as prescribed by the Law on Minerals. The Prime Minister shall specify the transition conditions and time frame.

2. The planning for basic geological surveys on minerals; the planning for exploration, extraction, processing, and utilization of minerals approved according to regulations prior to the effective date of the Law on Minerals shall continue to be implemented until the mineral planning specified in Clause 1 of Article 8 and Article 9 of this Decree is approved and published by the competent authority.

Article 45. Effective Date

This Decree takes effect from April 25, 2012.

Decree No. 160/2005/NĐ-CP dated December 27, 2005 of the Government detailing and guiding the implementation of the Law on Minerals (1996) and the Law Amending and Supplementing Certain Provisions of the Law on Minerals (2005), and Decree No. 07/2009/NĐ-CP dated January 23, 2009 of the Government amending and supplementing certain provisions of Decree No. 160/2005/NĐ-CP dated December 27, 2005 of the Government detailing and guiding the implementation of the Law on Minerals and the Law Amending and Supplementing Certain Provisions of the Law on Minerals shall cease to be effective from July 1, 2011.

Article 46. Responsibility for Implementation

1. The Ministry of Natural Resources and Environment shall be responsible for leading and coordinating with relevant ministries and sectors in guiding the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial people's committees, and related organizations and individuals shall be responsible for implementing this Decree./.​