Decree No. 160/2005/ND-CP detailing and guiding the implementation of the Minerals Law and the Law amending and supplementing certain articles of the Minerals Law.

DECREE

Detailed regulations and guidance for the implementation of the Minerals Law

and the Law amending and supplementing certain articles of the Minerals Law

_____________________

THE GOVERNMENT

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

Pursuant to the Minerals Law dated March 20, 1996 and the Law amending and supplementing certain articles of the Minerals Law dated June 14, 2005;

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

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations and guidance for the implementation of the Minerals Law adopted by the National Assembly at its 9th session of the 9th term on March 20, 1996 and the Law amending and supplementing certain articles of the Minerals Law adopted by the National Assembly at its 7th session of the 9th term on June 14, 2005 (hereinafter referred to collectively as the Minerals Law).

Article 2. Applicability

The subjects to which this Decree applies include:

1. State management agencies for minerals; state management agencies for mineral extraction and processing industries.

2. Organizations performing basic geological surveys on mineral resources.

3. Organizations and individuals engaged in mineral activities (including exploration, mining, and processing of minerals).

4. Other organizations and individuals related to the management and protection of mineral resources.

Chapter II

STATE MANAGEMENT OF MINERALS

Article 3. The State Management Authority and Responsibilities of the Ministry of Natural Resources and Environment over Minerals

The Ministry of Natural Resources and Environment shall perform state management functions over minerals as prescribed in Clause 2, Article 55 of the Minerals Law, with the authority and responsibilities as follows:

1. Submit draft laws and regulatory legal documents on mineral resources to the Government; submit to the Prime Minister for issuance or issue within its authority regulatory legal documents on basic geological surveys of mineral resources, management and protection of mineral resources, and mineral activities.

2. Develop and direct the implementation of national plans for basic geological surveys of mineral resources; approve project proposals and reports on results of basic geological surveys of mineral resources using state budget funds according to the plan assigned to units under the Ministry's jurisdiction.

3. Identify areas with mineral resources that have been surveyed and evaluated as prescribed in Clause 1, Article 9 of the Minerals Law; provide the Ministry of Industry and Construction with survey and evaluation materials on minerals to serve planning for exploration, exploitation, processing, and utilization of minerals; delineate hazardous mineral areas as prescribed in Article 15 of the Minerals Law and notify relevant state agencies; organize the implementation of mineral resource stockpile inventory nationwide.

4. Issue, extend, revoke, permit return of mineral activity permits, permit transfer, and permit continuation of mineral activity rights in cases of inheritance, within the authority prescribed in Point a, Clause 1, Article 56 of the Minerals Law.

5. Promote and disseminate laws on minerals, guide and inspect sectors, localities, organizations, and individuals in implementing laws on minerals; inspect and check basic geological surveys of mineral resources, mineral activities, and management and protection of mineral resources.

6. Resolve disputes, complaints, and denunciations regarding basic geological surveys of mineral resources and mineral activities within the authority prescribed in Article 57 of the Minerals Law and laws on complaints and denunciations.

7. Organize registration, collection, and compilation of results from basic geological surveys of mineral resources and the status of mineral activities nationwide; organize storage and management of documents and samples on mineral resources in accordance with the law.

8. Serve as the permanent Secretariat of the Mineral Resource Stockpile Evaluation Council.

Article 4. Competence and State Management Responsibilities for Mining and Mineral Processing Industries of the Ministry of Industry and the Ministry of Construction

1. The Ministry of Industry and the Ministry of Construction shall perform state management functions for the mining and mineral processing industries in accordance with Clause 3 and Clause 4 of Article 55 of the Minerals Law, having the following competences and responsibilities:

a) Submit to the Government policies, strategies, plans, and programs on exploration, mining, processing, and utilization of minerals within their assigned management scope; direct and inspect implementation after approval;

b) Submit to the Prime Minister for approval of areas for bidding on mineral exploration and mining activities as stipulated in Clause 2 of Article 23 of this Decree;

c) Issue regulations on standards, procedures, and technologies for mineral exploration and processing;

2. The Ministry of Industry shall issue lists, conditions, and standards for mineral exports and restricted mineral exports.

Article 5. Organization and Activities of the Mineral Reserve Evaluation Council

1. The Mineral Reserve Evaluation Council shall be located at the Ministry of Natural Resources and Environment. The composition of the Mineral Reserve Evaluation Council shall be decided by the Prime Minister.

2. The Mineral Reserve Evaluation Council shall assist the Government in performing the following tasks:

a) Review, examine, and approve mineral reserves in mineral exploration reports, except for common construction materials and mud coal;

b) Statistically compile mineral reserves, except for common construction materials and mud coal, to provide relevant agencies with data for planning mineral exploration, mining, processing, and utilization;

c) Review regulations on classification of mineral reserves and contents of mineral reserve evaluation reports for the Minister of Natural Resources and Environment to promulgate;

d) Examine and recognize criteria for calculating mineral reserves.

Article 6. Competence and State Management Responsibilities for Minerals of People's Committees at All Levels

1. Provincial People's Committees (hereinafter referred to as provincial-level People's Committees) shall have the following competences and responsibilities:

a) Issue guiding documents within their authority to implement state regulations on managing and protecting mineral resources and regulating mineral activities locally;

b) Take the lead and coordinate with the Ministries of Natural Resources and Environment, Planning and Investment, Industry, Construction, Defense, Public Security, Culture and Information, Agriculture and Rural Development, Transport, and the General Administration of Tourism to delineate and submit to the Prime Minister for decision-making on areas prohibited from mineral activities as stipulated in Article 20 of this Decree; delineate and submit to the Prime Minister for decision-making on temporary areas prohibited from mineral activities as stipulated in Article 21 of this Decree;

c) Organize the preparation and submit to the People's Council at the same level for approval of plans for mineral exploration, mining, processing, and utilization for types of minerals under the authority to issue permits as stipulated in Point b, Clause 1, Article 56 of the Minerals Law;

d) Direct the organization of propaganda, dissemination, and education on mineral laws; implement measures to protect mineral resources, the environment, and other natural resources according to the law; ensure social security in areas with mineral resources;

đ) Approve reserves in mineral exploration reports for common construction materials and mud coal;

e) Issue, extend, revoke, allow return of mineral activity permits, allow transfer, and allow continued exercise of mineral activity rights in cases of inheritance, according to the authority stipulated in Point b, Clause 1, Article 56 of the Minerals Law;

g) Submit to the Prime Minister for decision-making on approving and announcing areas for bidding on mineral exploration and mining for common construction materials and mud coal; minerals in areas that have been investigated, evaluated, or explored, approved reserves not included in national mineral exploration, mining, and processing plans approved by competent authorities or not part of national mineral resource reserves; organize the implementation of bidding according to regulations after approval;

h) Direct inspections and audits of the enforcement of mineral laws locally; resolve or participate in resolving disputes, complaints, and accusations regarding mineral activities and handle violations of mineral laws locally according to the authority stipulated in Article 57 of the Minerals Law and laws on complaints and accusations;

i) Resolve land allocation and leasing for mineral activities locally according to laws on land.

2. Departments of Natural Resources and Environment, Industry, and Construction assist provincial-level People's Committees in performing state management functions for minerals; mining and mineral processing industries. The tasks and management authorities of these Departments: Natural Resources and Environment, Industry, Construction shall be prescribed by the Ministers of the respective Ministries: Natural Resources and Environment, Industry, Construction.

3. People's Committees of districts, towns, and cities under provinces; People's Committees of communes, wards, and towns shall have the following competences and responsibilities for state management of minerals:

a) Implement measures to manage, protect mineral resources, the environment, and labor safety in mineral activities; ensure social security in areas with mineral resources;

b) Resolve land allocation, leasing, infrastructure use, and other related issues for organizations and individuals permitted to explore, mine, and process minerals locally according to the law;

c) Propagate, disseminate, and educate on mineral laws; handle violations according to the law.

Chapter III

BASIC GEOLOGICAL SURVEY OF MINERAL RESOURCES

Article 7. Activities of basic geological survey on mineral resources

Activities of basic geological survey on mineral resources include:

1. Surveying and discovering potential mineral resources while preparing various types of regional geological maps, geological disaster maps, geological environmental maps, marine geological maps, thematic maps, and researching thematic issues related to geology and minerals.

2. Evaluating potential resources and minerals by type or group of minerals and for geological structures with promising prospects to discover new mines.

Article 8. Management of activities of basic geological survey on mineral resources

1. Activities of basic geological survey on mineral resources are carried out concurrently with basic geological surveys and according to national planning and plans.

2. Based on the approved basic geological survey planning on mineral resources by the Prime Minister and the state budget plan assigned, ministries and ministerial-level agencies organize the review and approval of project proposals and reports on basic geological survey results on mineral resources conducted by subordinate units.

3. The Ministry of Natural Resources and Environment stipulates the content of basic geological survey projects on mineral resources, state geological archives, and geological museums; promulgates norms and unit prices in basic geological surveys on mineral resources.

Article 9. Rights and obligations of organizations conducting basic geological survey on mineral resources

1. Organizations conducting basic geological survey on mineral resources have the following rights:

a) To carry out basic geological survey activities on mineral resources according to approved projects and assigned plans;

b) To be rewarded by the State for achievements in research and new discoveries about geology and mineral resources;

c) To send samples abroad for analysis and testing according to approved project proposals by competent state authorities.

2. Organizations conducting basic geological survey on mineral resources have the following obligations:

a) To implement procedures, regulations, economic and technical norms in basic geological survey activities on mineral resources;

b) To ensure honesty and completeness in collecting and compiling information on geology and minerals; to keep state secrets regarding geological and mineral information as prescribed by law;

c) To protect the environment, mineral resources, and other resources during basic geological survey activities on mineral resources;

d) To submit reports on basic geological survey results on mineral resources to the Geological Archive and geological specimens, mineral samples to the Geological Museum under the Ministry of Natural Resources and Environment.

Article 10. Archiving results of basic geological survey on mineral resources

1. Reports on basic geological survey results on mineral resources and geological specimens, mineral samples must be registered and preserved at the Geological Archive and Geological Museum under the Ministry of Natural Resources and Environment.

2. The Geological Archive and Geological Museum have the responsibility to maintain state secrets regarding data and information on mineral resources, geological specimens, and mineral samples; to facilitate organizations and individuals to refer to and use data and information on mineral resources according to the law.

Chapter IV

MINERAL PLANNING

Article 11. Mineral Resource Geological Survey Planning

1. The establishment of mineral resource geological survey planning must be based on the following grounds:

a) National economic and social development strategies, plans, defense, and security;

b) Results of previous mineral surveys and assessments; geological structure characteristics with potential and prospects for minerals.

2. The content of mineral resource geological survey planning includes:

a) Creating geological maps and mineral surveys at a scale of 1/50,000 or 1/25,000; building a database system for geological and mineral information;

b) Evaluating the potential of surface and underground mineral resources for each type and group of minerals; identifying areas with promising mineral resources;

c) Determining the scale of investment and requirements for equipment, technology, analytical, and experimental methods serving basic geological surveys of mineral resources;

d) Solutions and progress in organizing and implementing the planning.

3. The Ministry of Natural Resources and Environment shall direct the implementation of mineral resource geological survey planning after it has been approved by the Prime Minister.

Article 12. Exploration, Mining, Processing, and Utilization of Mineral Resources Planning

1. Exploration, mining, processing, and utilization of mineral resources planning must ensure the following principles:

a) Rational, economical, and efficient exploitation and utilization of mineral resources to meet current needs while considering future scientific and technological developments and future mineral demands;

b) Ensuring environmental protection requirements, natural scenery, historical and cultural relics, scenic spots, and other natural resources;

c) Local exploration, mining, processing, and utilization of mineral resources planning must be consistent with national exploration, mining, processing, and utilization of mineral resources planning already approved by the Prime Minister.

2. The establishment of exploration, mining, processing, and utilization of mineral resources planning must be based on the following grounds:

a) National economic and social development strategies, plans, defense, and security;

b) Results of national mineral resource geological surveys;

c) Natural conditions, socio-economic conditions in mineral regions, and market demand;

d) Progress in science and technology in exploration, mining, processing, and utilization of mineral resources;

e) Results of previous exploration, mining, processing, and utilization of mineral resources planning of the same type;

3. The content of exploration, mining, processing, and utilization of mineral resources planning includes:

a) Investigating, researching, compiling, and evaluating natural and socio-economic conditions and the current status of mineral exploration, mining, processing, and utilization;

b) Evaluating the implementation of previous exploration, mining, processing, and utilization of mineral resources planning of the same type; determining objectives for mineral exploration, mining, processing, and utilization, and mineral demand in each period;

c) Identifying areas, mines, and types of minerals requiring exploration, mining, and processing investment;

d) Identifying restricted mineral activity zones and bidding zones for mineral activities;

e) Identifying national mineral resource reserve areas;

f) Showing prohibited and temporarily prohibited mineral activity zones approved by the Prime Minister;

g) Guidelines for investment, science, and technology in mineral exploration, mining, and processing;

h) Solutions and progress in organizing and implementing the planning.

4. Responsibilities for directing, inspecting, and monitoring the implementation of exploration, mining, processing, and utilization of mineral resources planning are stipulated as follows:

a) The Ministry of Industry directs, inspects, and monitors the implementation of exploration, mining, processing, and utilization of mineral resources planning, except for construction materials and cement raw material minerals, after approval by the Prime Minister;

b) The Ministry of Construction directs, inspects, and monitors the implementation of exploration, mining, processing, and utilization of construction materials and cement raw material minerals planning after approval by the Prime Minister;

c) Provincial People's Committees organize the direction, inspection of the implementation of exploration, mining, processing, and utilization of mineral resources within their jurisdiction as specified in point b, Clause 1, Article 56 of the Minerals Law after approval by the same-level People's Council.

Chapter V

VALUABLE, RARE, SPECIAL, AND HARMFUL MINERALS

Article 13. Precious and Rare Minerals

Precious and rare minerals are metallic minerals commonly found in their natural form or mixed naturally with other metals, including diamond and gemstone minerals with special economic value, used in technical and high-tech industries or for jewelry, including gold, silver, platinum, diamonds, rubies, sapphire (corundum), and emerald.

Article 14. Special and Hazardous Minerals

1. Special and hazardous minerals are radioactive metallic minerals, rare earth minerals, and mineral types containing radioactive or harmful elements, which although have high usage value in various industries, have adverse effects on the environment, including Uranium (U), Thorium (Th), Lanthanum (La), Selenium (Se), Praseodymium (Pr), Neodymium (Nd), Samarium (Sm), Europium (Eu), Gadolinium (Gd), Terbium (Tb), Dysprosium (Dy), Holmium (Ho), Erbium (Er), Thulium (Tm), Ytterbium (Yb), Lutetium (Lu), Yttrium (Y), and mercury, arsenic, lead-zinc, and asbestos minerals.

2. Exploration, exploitation, and processing of special and hazardous minerals must comply with the provisions of the law on minerals and the regulations of the law on safety and radiation control.

Chapter VI

MINERALS USED AS COMMON CONSTRUCTION MATERIALS

Article 15. Common Construction Material Minerals

Common construction material minerals include minerals whose composition, physical and mechanical properties, structure, color, or other characteristics do not meet the requirements to be raw materials for producing higher-value products than common construction material minerals according to Vietnamese standards.

Article 16. List of Common Construction Material Minerals

1. Various types of sand (excluding white silica sand) with a SiO₂ content less than 85%, without accompanying cassiterite, wolframite, monazite, zircon, ilmenite, and gold minerals.

2. Clay for bricks and tiles according to Vietnamese standards, various types of clay (excluding bentonite and kaolin clay) that do not meet the requirements for producing building ceramic products according to Vietnamese standards, refractory material samot according to Vietnamese standards, or cement according to Vietnamese standards.

3. Sandstone and quartzite with a SiO₂ content less than 85%, without metal minerals, native metals, radioactive or rare elements, or failing to meet the requirements for decorative stone or artistic stone according to Vietnamese standards.

4. Various sedimentary rocks (excluding keramzit and diatomite-containing rocks), igneous rocks (excluding basalt columns and pumice-like basalt), metamorphic rocks without metal minerals, native metals, precious stones, semi-precious stones, radioactive or rare elements, failing to meet the requirements for decorative stone or artistic stone according to Vietnamese standards, not meeting the requirements for feldspar raw materials for producing building ceramic products according to Vietnamese standards.

5. Various slate rocks, excluding roofing slate, burning slate, and slate containing sericite, distene, or sillimanite with a content greater than 30%.

6. Various gravel, pebbles, and grit without gold, platinum, precious stones, or semi-precious stones (artistic quartz, topaz, beryl, ruby, sapphire, zircon), without native metal or metal mineral-containing travertine.

7. Various limestone, marl, and marble (excluding calcite limestone, white limestone, and white marble) failing to meet the requirements for producing Portland cement according to Vietnamese standards or failing to meet the requirements for raw materials for producing decorative stone or artistic stone according to Vietnamese standards.

8. Dolomite with a MgO content less than 15%, failing to meet the requirements for producing construction glass according to Vietnamese standards or failing to meet the requirements for raw materials for producing decorative stone or artistic stone according to Vietnamese standards.

Chapter VII

ORGANIZATIONS AND INDIVIDUALS ENGAGED IN MINERAL ACTIVITIES

Article 17. Scope of Mineral Activities of Organizations and Individuals

1. The scope of mineral activities of organizations and individuals as stipulated in Article 6 of the Minerals Law shall be defined as follows:

a) Domestic enterprises, including foreign-invested enterprises, belonging to all economic sectors that have registered for business or obtained investment licenses for mineral activities may conduct exploration, surveying, mining, and processing of minerals;

b) Foreign enterprises with representative offices or branches in Vietnam may conduct exploration and surveying of minerals;

c) Individuals who have registered for mineral activities may conduct exploration, surveying, mining, and processing of common construction materials and residual mineral extraction.

2. Organizations and individuals specified in Clause 1 of this Article shall be considered for issuance of mineral activity permits if they meet the following conditions:

a) They have exploration plans and mining projects for mineral processing that comply with approved mineral exploration, mining, processing, and utilization planning schemes by competent state authorities;

b) For exploration, mining, and processing activities, they must have specialized human resources, equipment, advanced technology, and modern methods of exploration, mining, and processing;

c) They must have environmental impact assessment reports or environmental standard registration forms that have been approved or confirmed by competent state authorities according to laws on environmental protection.

Article 18. Conditions for Engaging in Mineral Exploration Activities

1. Specialized organizations in geology established by competent state authorities, permitted to establish, or other economic organizations established in accordance with laws on enterprises and investment laws may engage in mineral exploration activities when meeting the following conditions:

a) Having a technical supervisor who is a geological engineer with at least five (05) years of practical experience in mineral exploration work, and having knowledge and mastery of legal regulations on mineral exploration;

b) Having staff and technical workers from various specialties such as geological exploration, hydrogeological and engineering geological, geophysics, drilling, excavation, and related fields;

c) Having necessary specialized equipment and tools to construct mineral exploration works.

Article 19. Standards for Mine Managers

Mine managers appointed under Article 36 of the Minerals Law must meet the following standards:

1. Professional Qualifications Standard:

a) Mine managers operating underground mines using shaft methods must be underground mine engineers or underground mine construction engineers with at least five (05) years of direct mining experience in underground mines;

b) Mine managers operating open-pit mines must be open-pit mine engineers or underground mine engineers with at least three (03) years of direct mining experience in open-pit mines; in cases where they are geological exploration engineers, they must be trained in mining techniques and have at least five (05) years of direct mining experience in open-pit mines;

c) Mine managers for non-metallic mines operated by open-pit methods without the use of industrial explosives or common construction material mines operated by simple manual methods must have a minimum qualification level of a mid-level mining technician or a mid-level geological exploration technician; in cases where their qualification level is only a mid-level mining technician, they must have at least three (03) years of direct mining experience in open-pit mines; in cases where their qualification level is only a mid-level geological exploration technician, they must be trained in mining techniques and have at least three (03) years of direct mining experience in open-pit mines.

2. Management and Leadership Competence Standards:

a) Mastery of legal provisions in legal regulations on minerals and relevant legal provisions in other laws concerning mineral exploration, mining, and processing activities;

b) Mastery of procedures, norms, standards, and technical principles of mine design, technical quotas for mine exploitation, use of industrial explosives, labor safety rules, and regulations issued by competent state authorities;

c) Possess organizational and management skills, practical experience, and technical leadership in mine exploitation, occupational safety techniques, and environmental protection.

Chapter VIII

MINERAL ACTIVITY AREAS AND SURFACES

Article 20. Prohibited Mining Areas

1. Prohibited mining areas include the following areas:

a) Areas with historical and cultural relics, scenic spots that have been ranked or designated for protection by the Provincial People's Committee;

b) Special-use forests, protective forests, tidal flats with natural mangrove regeneration, nature reserves, wetland conservation areas, geological conservation zones;

c) Areas reserved for defense and security purposes or those adversely affecting defense and security tasks;

d) Areas within the safety protection zone of transportation infrastructure works, water conservancy works, dyke systems, and telecommunications facilities;

đ) Areas exclusively for religious purposes;

e) Urban areas, industrial zones, commercial areas, tourist areas, or important infrastructure projects.

2. The Chairman of the Provincial People's Committee shall submit to the Prime Minister for approval of the prohibited mining areas and notify the Ministry of Natural Resources and Environment, the Ministry of Industry, and the Ministry of Construction in writing after approval.

Article 21. Temporary Prohibited Mining Areas

1. Temporary prohibited mining areas are defined in the following cases:

a) Due to urgent requirements for national defense and security;

b) Due to requirements for natural conservation, historical and cultural relics, scenic spots under state consideration, recognition, or discovery during mineral exploration and exploitation;

c) Due to requirements to prevent or mitigate disaster consequences.

2. The Minister, Head of a ministry equivalent to a ministry, Head of a government agency, and the Chairman of the Provincial People's Committee shall submit to the Prime Minister for approval of temporary prohibited mining areas and notify the Ministry of Natural Resources and Environment, the Ministry of Industry, and the Ministry of Construction in writing after approval.

Article 22. Restricted Mining Areas

1. Restricted mining areas are limited by the following methods:

a) Reserved exclusively for one or several organizations with exclusive rights to engage in mining activities;

b) Limiting production volume;

c) Limiting export of extracted products.

2. The Minister, Head of a ministry equivalent to a ministry, Head of a government agency, and the Chairman of the Provincial People's Committee shall submit to the Prime Minister for approval of restricted mining areas and notify the Ministry of Natural Resources and Environment, the Ministry of Industry, and the Ministry of Construction in writing after approval.

Article 23. Bidding Areas for Mineral Exploration and Exploitation

1. Bidding areas for mineral exploration and exploitation include the following areas:

a) Areas that have been surveyed and evaluated using state budget funds approved by the Prime Minister are bidding areas for exploration;

b) Mineral deposits that have been explored using state budget funds approved by the Prime Minister are bidding or selected bidding areas for exploitation.

2. The Minister of Industry and the Minister of Construction shall submit to the Prime Minister for approval and announcement of bidding areas for mineral exploration and exploitation, bidding or selected bidding areas for exploitation of explored mineral deposits, and organize the bidding process according to regulations after approval, except for bidding areas within the jurisdiction of the Provincial People's Committee as stipulated in point g clause 1 Article 6 of this Decree.

3. The Ministry of Planning and Investment shall submit to the Prime Minister for issuance of bidding regulations for mineral exploration and exploitation.

Article 24. Area of Mineral Exploration Zone

1. The area of the mineral exploration zone granted for one mineral exploration permit shall not exceed five hundred square kilometers (500 km²), except in special cases approved by the Prime Minister.²except in special cases permitted by the Prime Minister.

2. A mineral exploration permit may be issued to multiple organizations and individuals operating minerals in one area.

Article 25. Area of Mineral Prospecting Zone

1. The area of the prospecting zone for one metallic mineral, gemstone (diamond, ruby, sapphire, emerald) exploration permit shall not exceed fifty square kilometers (50 km²).²).

2. The exploration area of a coal exploration permit or a non-metallic mineral exploration permit (excluding common construction materials) on land, with or without water surface, shall not exceed one hundred square kilometers (100 km²).²).

2. The area of the prospecting zone for one coal and non-metallic mineral (excluding common construction materials) exploration permit on land, with or without water surface, shall not exceed one hundred square kilometers (100 km²).²).

4. The exploration area of a common construction material mineral exploration permit on land shall not exceed two square kilometers (02 km²).²3. The area of the prospecting zone for one exploration permit for various types of minerals (excluding common construction materials) in the continental shelf shall not exceed two hundred square kilometers (200 km²).²).

5. The exploration area of a mineral water or natural hot water exploration permit shall not exceed two square kilometers (02 km²).²).

4. The area of the prospecting zone for one common construction material exploration permit on land shall not exceed two square kilometers (02 km²), and in areas with water surface, it shall not exceed one square kilometer (01 km²).

Article 26. Area of Mineral Extraction Zone

5. The area of the prospecting zone for one natural mineral water and hot spring exploration permit shall not exceed two square kilometers (02 km²).

2. The area of the mineral extraction zone where the results of mineral surveys at a scale of 1:50,000 or larger have been approved by competent state authorities and are not included in the national planning for mineral exploration, exploitation, and processing, or do not fall within the scope of national mineral resource reserves under the authority of provincial People's Committees to issue mining and processing permits as stipulated in Point b Clause 56 of the Minerals Law.

6. Organizations and individuals meeting the conditions stipulated in Article 6 of the Law on Minerals and Clause 2, Article 17 of this Decree shall be granted no more than five permits, excluding expired exploration permits previously issued to organizations or individuals, but the total area of exploration permits for one type of mineral shall not exceed twice the area specified in Clauses 1, 2, 3, 4, and 5 of this Article, except in special cases approved by the Prime Minister.

The area of the common construction material mineral extraction zone of a permit in cases where mineral exploration is not required according to Clause 2 Article 41 of the Minerals Law shall not exceed ten hectares (10 ha) for organizations and not more than one hectare (01 ha) for individuals.

Chapter IX

Article 26. Area of Mining Zone

1. The area of the mining zone for one mining permit shall be considered based on the mining project investment plan that is consistent with the approved mineral reserves for exploitation design by the competent state agency.

1. Licensing fees include fees for issuing and extending mineral activity permits.

2. The area of the mineral zone with geological survey results at a scale of 1:50,000 or larger, which has been approved by the competent state agency and does not fall within the national planning for mineral exploration, exploitation, and processing, or does not belong to the national mineral resource reserve under the provincial People's Committee's authority to issue mining and processing permits as stipulated in Point b, Clause 56 of the Law on Minerals.

Article 29. Fees for Exclusive Mineral Exploration Rights

1. The exclusive exploration fee shall be calculated based on the unit area of the exploration zone and the duration of validity of the mineral exploration permit.

2. The amount of the exclusive exploration fee shall be calculated according to the following provisions:

Year 1: Three hundred thousand VND/km²/year;²Year 2: Four hundred thousand VND/km²/year;

Year 3: Five hundred fifty thousand VND/km²/year;²Year 2: Four hundred thousand VND/km²/year;

Year 4: Seven hundred thousand VND/km²/year.²Year 2: Four hundred thousand VND/km²/year;

3. The exclusive exploration fee shall not apply in the following cases:²2. In the event that the Approval Letter is revoked, the project developers shall only be considered for issuance of a new Approval Letter after one (01) year from the date of revocation, if they have fully fulfilled all obligations related to the reasons for the previous revocation of the Approval Letter.

a) The duration of validity of the exploration permit, including extended periods less than twelve months;

b) Exploration activities within areas where organizations and individuals are permitted to extract minerals.

4. The Ministry of Finance shall stipulate procedures for collecting, depositing, managing, and using the exclusive exploration fees for minerals.

Article 30. Deposit for Mineral Exploration

1. Organizations and individuals granted mineral exploration permits must deposit funds at state treasuries, except when exploration activities under the permit are conducted with state budget funds.

2. The deposit shall be made once upon issuance of the exploration permit. The amount of the deposit equals twenty-five percent (25%) of the estimated cost of the first year's exploration expenses.

3. Organizations and individuals permitted to explore minerals may use the form of collateral with a credit institution operating in Vietnam instead of making the deposit.

4. After six (06) months from the date the mineral exploration permit becomes effective, if exploration work has not commenced and the permit is terminated, the deposited funds or collateral will be transferred to the state budget.

5. After six (06) months from the date the mineral exploration permit becomes effective, if exploration work has been carried out according to the plan, organizations and individuals permitted to explore minerals have the right to reclaim the deposit or collateral.

6. The Ministry of Finance shall lead and coordinate with the State Bank to stipulate procedures for depositing, managing the deposit or collateral for mineral exploration.

Article 31. Use of Information on Survey and Exploration Results Funded by State Budget

1. Organizations and individuals using information on survey and exploration results funded by the state budget shall have responsibilities and rights over such information as follows:

a) Pay for the use of information on survey and exploration results either in a lump sum or gradually based on production volume;

b) Transfer or inherit information on surveys and explorations after completing payment for their use;

c) In case of gradual payment based on production volume, they shall not transfer, inherit, or disclose information on survey and exploration results to other organizations or individuals, except when provided to competent state agencies as prescribed by the Ministry of Natural Resources and Environment.

2. Organizations and individuals permitted to conduct surveys, explorations, and extractions of minerals funded by the state budget shall not provide or transfer information on survey and exploration results to other organizations or individuals, except when provided to competent state agencies as prescribed by the Ministry of Natural Resources and Environment. If organizations or individuals repay the state budget for investment in surveys and explorations, the use of information on survey and exploration results shall be governed by the provisions of Clause 1 of this Article.

3. The Ministry of Finance shall lead and coordinate with the Ministry of Natural Resources and Environment to stipulate methods for determining the value, payment methods, and procedures for paying for the use of data and information on survey and exploration results funded by the state budget.

3. The Ministry of Finance shall take the lead and coordinate with the Ministry of Natural Resources and Environment to establish methods for determining the value, payment methods, and procedures for paying for data and information on survey and exploration results funded from the state budget.

Article 32. Use of Information on Survey, Exploration, and Mining Results Financed by Organizations or Individuals

1. Organizations and individuals permitted to conduct surveys, explorations, and mining activities have the right to transfer or inherit information on results from such activities financed by their own funds.

2. After six (06) months from the date when the mineral exploration permit expires, if the organization or individual permitted to explore does not submit to the competent state agency for approval of the mineral reserves or has been approved but does not apply for a mining permit, the competent state agency may provide such information related to those permits to other organizations or individuals.

Article 33. Land Use in Cases of Transfer or Inheritance of Mining and Processing Rights

The use of land in cases of transfer or inheritance of mining and processing rights shall be carried out in accordance with the provisions of the Law on Land.

Article 34. Ownership of Assets When Mineral Exploration or Mining and Processing Permits Cease to Be Effective

1. When mineral exploration, mining, or processing permits cease to be effective, ownership of assets related to these activities shall be resolved according to the provisions set forth in point b, clause 2, Article 30, points b and c, clause 2, Article 40 of the Minerals Law, and points b and c, clause 2, Article 57 of this Decree.

2. The Ministry of Finance shall stipulate the method for determining the value of transferred assets and procedures for transferring such assets to the State by organizations and individuals permitted to conduct mineral exploration, mining, or processing activities when their permits cease to be effective.

Article 35. Environmental Restoration Guarantee Deposit in Mining Activities

1. Organizations and individuals permitted to mine minerals must deposit an environmental restoration guarantee with the Vietnam Environment Protection Fund.

2. The amount of the deposit for environmental restoration shall be based on the mining process, progress, and recovery schedule, as well as the estimated cost of environmental restoration determined in the feasibility study report, mine design, and environmental impact assessment report or the environmental standard compliance registration form approved or confirmed by the competent state agency in accordance with the environmental protection laws.

3. The deposit shall accrue interest at the rate applicable to non-term deposits of the Vietnam Environment Protection Fund.

4. The Ministry of Finance shall take the lead and coordinate with the Ministry of Natural Resources and Environment to guide procedures for registering, managing, and using the deposit for environmental restoration in mining activities.

Article 36. Allocation of Revenue from Mining and Processing Activities to Local Budgets

1. The portion allocated to local budgets from revenue generated by mining and processing activities must be reflected in the annual budget estimates and can only be used for investment in public infrastructure in areas where minerals are mined and processed.

2. Management and use of local government revenues from mineral activities within the mining and processing area shall be implemented in accordance with the Prime Minister's decision.

Article 37. State Investment in Mineral Exploration Activities

1. The State may invest in the exploration of certain types of minerals where attracting investment from other sources is not feasible or as required by economic and social tasks.

2. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance, the Ministry of Natural Resources and Environment, the Ministry of Industry, and the Ministry of Construction to review projects proposed for state capital allocation for exploration purposes, and submit them to the Prime Minister for approval.

Enterprises allocated capital for exploration shall be responsible for gradually repaying the state capital according to the quantity of minerals extracted when the mine is put into operation.

3. The use of information on exploration results as stipulated in Clause 1 of this Article shall be carried out in accordance with Article 31 of this Decree.

Chapter X

REVIEW AND APPROVAL OF PROJECTS AND REPORTS IN MINERAL ACTIVITIES

Article 38. Review of Survey and Exploration Projects

1. The Ministry of Natural Resources and Environment and the People's Committee of the province, within their respective authority to issue mineral activity licenses as provided for in Clause 1 of Article 56 of the Minerals Law, shall organize the review of survey and exploration projects before deciding to issue survey and exploration permits.

2. The Ministry of Natural Resources and Environment shall prescribe the procedures for preparing and reviewing survey and exploration projects.

Article 39. Review and Approval of Mineral Exploration Reports

1. Mineral exploration reports shall be reviewed based on the following requirements:

a) Reliability regarding reserves, grade, and quality of minerals, including associated valuable minerals;

b) Reliability regarding geological and hydrogeological conditions relevant to the feasibility study of mineral exploitation.

2. Mineral exploration reports, except those for common construction materials and mud coal, must be submitted to the National Geological Archive. Exploration reports for common construction materials and mud coal must be submitted to the Department of Natural Resources and Environment where the minerals are located.

Article 40. Review and Approval of Mining Investment Project Plans

1. The review and approval of mining investment project plans for domestic investment projects shall be carried out in accordance with laws on investment and construction.

2. The review of mining investment project plans for foreign direct investment projects shall be carried out in accordance with laws on foreign investment in Vietnam.

Article 41. Review and Approval of Mine Design

1. Mine designs for mining investment projects shall be reviewed and approved in accordance with laws on construction.

2. Organizations and individuals reviewing mine designs must be independent of the organizations and individuals preparing the designs and shall be liable under the law for the results of their reviews.

3. The Ministry of Industry shall provide detailed guidance on the content of mine designs, review procedures, and approval processes.

Article 42. Reports on Mineral Activities

1. Organizations and individuals permitted to engage in mineral activities shall be responsible for reporting the results of their activities to the competent state management agencies and shall be accountable for the accuracy and truthfulness of the reported data and information.

2. Reports on mineral activities include:

a) Reports on mineral survey activities, reports on mineral exploration activities, reports on mineral extraction activities, and reports on mineral processing activities;

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

3. The reporting system for mineral activities is as follows:

a) Reporting on mineral activities shall be conducted periodically on a monthly and annual basis. The mid-year period runs from January 1 to June 30 of the reporting year. The annual period runs from January 1 to December 31 of the reporting year;

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

4. The responsibility for submitting reports on mineral activities is as follows:

a) Organizations and individuals permitted to engage in mineral activities shall prepare the reports as specified in point a of Clause 2 of this Article and submit them to the Department of Natural Resources and Environment where the mineral activities are conducted no later than five days after the end of the reporting period specified in Clause 3 of this Article. For organizations and individuals conducting mineral activities under licenses issued by the Ministry of Natural Resources and Environment, they must also submit the reports to the Vietnam Geological and Mineral Resources Administration under the Ministry of Natural Resources and Environment;

b) The Department of Natural Resources and Environment shall assist the People's Committee in preparing the reports as specified in Clause 2 of this Article and submit them to the Ministry of Natural Resources and Environment (Vietnam Geological and Mineral Resources Administration), the Ministry of Industry, and the Ministry of Construction no later than fifteen days after the end of the reporting period specified in Clause 3 of this Article.

5. The Ministry of Natural Resources and Environment shall provide templates for the reports as specified in Clause 2 of this Article.

Article 43. Mine Closure Plan

1. The mine closure plan must be reviewed and approved for its contents, requirements to ensure safety, environmental restoration, land recovery, and other requirements as stipulated in points b and d, Clause 2, Article 40 of the Law on Minerals.

2. The state agency authorized to issue exploitation permits for a certain type of mineral has the right to review and approve the mine closure plan for that type of mineral.

3. The Ministry of Natural Resources and Environment shall specify the contents of the mine closure plan and the procedures for closing mines.

Chapter XI

MINERAL ACTIVITY LICENSE

Article 44. Basis for Issuing Mineral Activity License

The basis for issuing a mineral activity license includes:

1. The State's strategy for socio-economic development; the strategy for developing industries related to minerals.

2. The State's policy on mineral resources; the planning for exploration, exploitation, processing, and utilization of minerals approved by competent state agencies.

3. The socio-economic effectiveness of specific projects within mineral activities, linked with environmental protection requirements, natural landscape preservation, cultural and historical heritage protection, national security, and defense.

4. The legal status of the applicant according to the provisions of the law and the conditions stipulated in Article 6 of the Law on Minerals and Clause 2, Article 17 of this Decree.

5. Survey and exploration plans covering areas not overlapping with those already licensed or currently being investigated and assessed by state agencies.

6. Mineral reserves, feasibility study reports, environmental impact assessment reports, or certificates of compliance with environmental standards approved or confirmed according to the law for cases applying for exploitation and processing licenses.

7. Documents from the People's Committee of the province regarding the planned exploration area for exploitation or construction of mineral processing plants as stipulated in Article 45 of this Decree.

8. For special and hazardous minerals as defined in Clause 1, Article 14 of this Decree, approval from the Prime Minister for exploration, exploitation, and processing is also required.

Article 45. Responsibilities of Provincial People's Committees in Coordinating the Review and Issuance of Exploration and Exploitation Licenses

1. Before issuing exploration permits for mineral exploitation or exploitation and processing licenses within their authority, the Ministry of Natural Resources and Environment shall seek written opinions from the provincial People's Committee where the minerals are located regarding the planned exploration area for mineral exploitation or the exploitation area or the construction area for mineral processing plants.

2. The provincial People's Committee shall take the lead and coordinate with relevant ministries and sectors to inspect and clarify whether the planned exploration area for mineral exploitation or the exploitation area or the construction area for mineral processing plants are related to prohibited or temporarily prohibited mineral activity zones as stipulated in Articles 20 and 21 of this Decree.

3. In exceptional cases requiring exploration or exploitation of minerals in prohibited or temporarily prohibited zones as stipulated in Articles 20 and 21 of this Decree, the state agency authorized to issue licenses as stipulated in Clause 1, Article 56 of the Law on Minerals must report to the Prime Minister for consideration and decision.

Article 46. Issuance of Investment License for Mineral Activities to Foreign Organizations or Individuals or Joint Ventures with Foreign Parties

1. Prior to issuing an investment license for mineral activities, the competent authority issuing the investment license must seek written opinions from the competent authority issuing the mineral activity license as stipulated in Clause 1, Article 56 of the Minerals Law. Within thirty (30) days from the date of receiving complete valid files, the competent authority issuing the mineral activity license must reply to the competent authority issuing the investment license.

2. In case of differing opinions, the investment licensing authority shall submit to the Prime Minister for consideration and decision.

Article 47. Duration of Mineral Processing License

The duration of a mineral processing license as provided for in Article 44 of the Minerals Law shall be determined based on the mineral processing investment project and the legal source of minerals, but not exceeding thirty years and may be extended according to the provisions of Article 51 of this Decree.

Article 48. Extension of Mineral Exploration License

1. A mineral exploration license may be extended when the following conditions are met:

a) The permitted exploration area has an area of at least one hundred square kilometers (100 km²);²b) There is no organization or individual that has submitted an application for prospecting in the area seeking extension;

c) The organization or individual permitted to conduct exploration has fulfilled all obligations stipulated in the previously issued license at the time of requesting extension.

2. A mineral exploration license may be extended once, with the extension period not exceeding twelve months.

Article 49. Extension of Mineral Prospecting License

1. A mineral prospecting license may be extended when the following conditions are met:

a) The organization or individual permitted to conduct mineral prospecting has fulfilled all obligations as prescribed in the previously issued license at the time of requesting extension;

b) The prospecting license remains valid for at least thirty (30) days;

c) Each extension must return at least thirty percent (30%) of the area of the prospecting zone as specified in the previously issued license.

2. A mineral prospecting license may be extended up to two times with a total extension period not exceeding twenty-four (24) months.

3. In cases where the extension period of the prospecting license has expired, and the organization or individual permitted to conduct prospecting has completed the required volume of prospecting work as stipulated in the project and the prospecting license, but still lacks sufficient basis to establish a mining exploitation investment project, the prospecting license may be reissued once with a term not exceeding twenty-four (24) months on the previously extended area and cannot be further extended.

Article 50. Extension of Mineral Exploitation License

1. A mineral exploitation license may be extended if, at the time of requesting extension, the organization or individual permitted to exploit minerals has fulfilled all obligations as prescribed in the previously issued exploitation license and other obligations as stipulated by other laws on minerals and related laws.

2. A mineral exploitation license may be extended multiple times in accordance with the approved mineral reserves that have not been exploited; the total extension period does not exceed twenty (20) years.

Article 51. Extension of Mineral Processing License

1. A mineral processing license may be extended if, at the time of requesting extension, the organization or individual permitted to process minerals has fulfilled all obligations as prescribed in the previously issued processing license and other obligations as stipulated by other laws on minerals and related laws.

2. There is a legal source of minerals ensuring compatibility with the processing capacity and the requested extension period.

3. A mineral processing license may be extended multiple times in accordance with the legal source of minerals; the total extension period does not exceed twenty (20) years.

3. A mineral processing permit may be extended multiple times in accordance with the legal source of minerals; the total extension period shall not exceed twenty years (20 years).

Article 52. Returning the Mineral Exploration and Exploitation Permit or Partial Area of Mineral Activities

Organizations and individuals permitted to engage in mineral activities have the right to return part of the area or return the mineral exploration and exploitation permit according to the following provisions:

1. Organizations and individuals permitted to engage in mineral activities have completed all obligations as prescribed by law up to the time of requesting to return the permit; restored the environment, land, ensuring safety in the area requested for return;

2. Within a period not exceeding ninety (90) days from the date the exploration permit is returned, organizations and individuals permitted to conduct exploration must fully perform the obligations stipulated in point b, Clause 2, Article 30 of the Minerals Law.

Within a period not exceeding six (06) months from the date the exploitation permit or processing permit is returned, organizations and individuals permitted to exploit minerals must fully perform the obligations stipulated in points b, c, and d, Clause 2, Article 40 of the Minerals Law; organizations and individuals permitted to process minerals must fully perform the obligations stipulated in points b, c, and d, Clause 2, Article 57 of this Decree.

3. Obtained permission in writing from the competent authority issuing that type of permit to return it.

Article 53. Transfer of Rights to Explore, Exploit, and Process Minerals

The transfer of rights to explore, exploit, and process minerals must comply with the following provisions:

1. Organizations and individuals permitted to explore or exploit and process minerals may transfer the right to explore or the right to exploit and process to other organizations or individuals to continue exercising their rights and obligations as specified in the permit and in accordance with the law.

2. The transferring party may only transfer when they have fully complied with the relevant regulations and obligations under the exploration or exploitation and processing permit issued until the time of requesting the transfer.

The content of the transfer must be reflected in a contract between the transferring party and the receiving party as prescribed by law; accompanying the contract and the application for transfer of the right to explore or the right to exploit and process, organizations and individuals permitted to explore or exploit and process minerals must submit a report on the results of exploration or exploitation and processing up to the time of requesting the transfer.

Organizations and individuals receiving the transfer of the right to explore or the right to exploit and process minerals must meet the conditions stipulated in Article 6 of the Minerals Law and Clause 2, Article 17 of this Decree; for precious, rare, special, and hazardous minerals, they must also comply with the provisions of Clause 8, Article 44 of this Decree.

5. In cases where the organization or individual receiving the transfer of the right to exploit and process minerals is a foreign organization or individual or a joint venture with a foreign party, they must have an investment permit issued by the competent state agency in accordance with the law on foreign investment in Vietnam. In cases where a joint venture with a foreign party converts into a wholly foreign-owned enterprise, it must also be approved by the state management agency on investment as the basis for issuing a new exploitation and processing permit.

6. The transfer of rights to explore or exploit and process minerals by organizations and individuals permitted to explore or exploit and process minerals must be approved by the competent authority issuing the permit and must pay the transfer tax as prescribed by law.

The Ministry of Finance shall propose to the Government the rate of the transfer tax for the rights to explore, exploit, and process minerals.

Article 54. Inheritance of Rights to Explore, Extract, and Process Minerals

1. An individual who is permitted to explore or extract, process minerals has the right to inherit their rights to explore or extract, process minerals according to a will or under the law.

2. The person inheriting the right to explore or extract, process minerals may continue to exercise such rights when the permit remains valid and must meet the conditions stipulated in Article 6 of the Law on Minerals and Clause 2, Article 17 of this Decree. If they do not meet the conditions to continue operations, the matter shall be handled as follows:

a) The person inheriting the right to explore or extract, process minerals may transfer such rights to another organization or individual in accordance with Article 53 of this Decree;

b) If the person inheriting the right to explore or extract, process minerals does not execute the transfer right within six (06) months from the date of inheritance as prescribed by law, the exploration permit or mineral extraction and processing permit shall be deemed expired.

3. Where the exploration permit, mineral extraction and processing permit ceases to be effective as provided in point b, Clause 2 of this Article, the heir has the right and obligation as prescribed in point b, Clause 2 of Article 30, points b, c, and d, Clause 2 of Article 40 of the Law on Minerals, and Clause 2 of Article 57 of this Decree.

Article 55. Time Limit for Rectifying Violations in Mineral Surveying, Exploration, and Extraction

1. An organization or individual permitted to survey minerals, if violating any obligations stipulated in Article 23 of the Law on Minerals, shall have a rectification period not exceeding thirty (30) days from the date of receipt of the notification document from the competent state agency issuing the permit as prescribed in Clause 1 of Article 56 of the Law on Minerals.

2. An organization or individual permitted to explore minerals, if violating any obligations stipulated in Article 27 of the Law on Minerals, shall have a rectification period not exceeding sixty (60) days from the date of receipt of the notification document from the competent state agency issuing the permit as prescribed in Clause 1 of Article 56 of the Law on Minerals.

3. An organization or individual permitted to extract minerals, if violating any obligations stipulated in Article 33 of the Law on Minerals, shall have a rectification period not exceeding ninety (90) days from the date the competent state agency issuing the permit as prescribed in Clause 1 of Article 56 of the Law on Minerals issues a notification document.

Article 56. Revocation of Mineral Processing Permits

A mineral processing permit shall be revoked in the following cases:

1. An organization or individual permitted to process minerals fails to implement the content and plan of mineral processing according to the processing project and the provisions of the issued processing permit.

2. An organization or individual permitted to process minerals violates any provision of Article 46 of the Law on Minerals and does not rectify the violation within ninety (90) days from the date of receipt of the notification document from the competent state agency issuing the permit as prescribed in Clause 1 of Article 56 of the Law on Minerals.

3. The processing area is declared a prohibited or temporarily prohibited mineral activity area pursuant to Clause 2 of Article 14 of the Law on Minerals and Articles 20 and 21 of this Decree.

4. The individual permitted to process minerals dies without an heir, or the organization permitted to process minerals is dissolved or bankrupt without an organization or individual to succeed its rights and obligations.

Article 57. Termination of Effectiveness of Mineral Processing Permit

1. The mineral processing permit shall terminate its effectiveness in the following cases:

a) The permit expires;

b) The permit is returned;

c) The permit is revoked.

2. When the mineral processing permit terminates its effectiveness, the following shall occur:

a) All rights related to the permit also terminate;

b) All environmental protection facilities in the processing area shall be owned by the state and shall not be dismantled or destroyed;

c) In addition to the assets specified in point b, Clause 2 of this Article, organizations and individuals permitted to process minerals must move all their assets out of the mineral processing area;

d) Organizations and individuals permitted to process minerals must fulfill all obligations related to environmental and land restoration as prescribed by the Minerals Law, this Decree, and other relevant laws.

Article 58. Land Use in Mineral Activities

The transfer and lease of land for mineral activities shall be carried out in accordance with the provisions of the Land Law.

Chapter XII

PROCEDURES FOR ISSUING MINERAL ACTIVITY PERMITS, QUANTUM ASSESSMENT AND APPROVAL OF MINERAL RESERVES

MINERAL RESERVE REVIEW AND APPROVAL

Article 59. Documents for Issuing, Renewing, Returning Mineral Exploration Permits

1. The application documents for issuing a mineral exploration permit include:

a) An application form for a mineral exploration permit, accompanied by a map of the exploration area;

b) A mineral exploration plan, specifying geological basis and types of minerals to be explored, methods and volume of exploration; time frame, progress schedule, and financial sources;

c) A certified copy of the document confirming the legal entity status of the organization applying for the mineral exploration permit, authenticated by a notary public.

2. Application documents for renewing a mineral exploration permit

The renewal application must be submitted to the receiving authority thirty (30) days before the permit expires, including:

a) A renewal application form;

b) A report on the results of mineral exploration and the volume of works and expenses incurred up to the date of the renewal application.

In case the mineral exploration permit has expired but the renewal application is still under review, the organization or individual holding the mineral exploration permit may continue operations until the decision on renewal or a reply that the permit will not be renewed is issued.

3. Application documents for returning a mineral exploration permit include:

a) A return application form;

b) A report on the results of mineral exploration and the volume of works and expenses incurred up to the date of the return application.

Article 60. Documents for Issuing, Reissuing, Renewing, Returning, Transferring Mineral Prospecting Permits, and Continuing Prospecting Rights

1. Application documents for issuing a mineral prospecting permit include:

a) An application form for a mineral prospecting permit;

b) A mineral prospecting plan established in accordance with regulations, accompanied by a map of the prospecting area;

c) A certified copy of the document confirming the legal entity status of the organization applying for the mineral prospecting permit, which is a domestic organization, authenticated by a notary public, or a certified copy of the investment license of the foreign organization or joint venture with foreign participation applying for the mineral prospecting permit, authenticated by a notary public.

2. Application documents for reissuing a mineral prospecting permit

In the case of reissuing a prospecting permit as stipulated in Clause 3, Article 25 of the Minerals Law and Clause 3, Article 49 of this Decree, the application must be submitted to the receiving authority thirty (30) days before the permit expires, including:

a) An application form for reissuing a mineral prospecting permit;

b) A report on the results of prospecting, the volume of work already completed; program and volume of continued prospecting;

c) A map of the area for reissuing the prospecting permit.

3. Application documents for renewing a mineral prospecting permit

The renewal application must be submitted to the receiving authority thirty (30) days before the permit expires, including:

a) An application form for renewing a mineral prospecting permit;

b) A report on the results of prospecting, the volume of work already completed; program and volume of continued prospecting;

c) A map of the prospecting area, excluding at least thirty percent (30%) of the area according to the previously issued permit.

In case the mineral prospecting permit has expired but the renewal application is still under review, the organization or individual holding the mineral prospecting permit may continue operations until the renewal decision is made or a reply that the permit will not be renewed is issued.

4. Application documents for returning a mineral prospecting permit or returning part of the prospecting area include:

a) An application form for returning a mineral prospecting permit or returning part of the prospecting area;

b) A report on the results of mineral prospecting, the volume of work already completed up to the date of returning the permit or returning part of the area listed in the permit;

c) A map of the area to continue prospecting; volume of work and program for continued prospecting for the case of returning part of the prospecting area.

5. Application documents for transferring mineral prospecting rights include:

a) An application form for transferring mineral prospecting rights, accompanied by a mineral prospecting rights transfer contract and a list of assets to be transferred;

b) A report on the results of prospecting, the volume of work already completed, and related obligations fulfilled as required up to the date of the transfer application;

c) A certified copy of the document confirming the legal entity status of the organization receiving the transfer of mineral prospecting rights, which is a domestic organization, authenticated by a notary public, or a certified copy of the investment license (if any) of the foreign organization or joint venture with foreign participation receiving the transfer of mineral prospecting rights, authenticated by a notary public.

The transfer of prospecting rights shall be approved by issuing a new mineral prospecting permit replacing the previous one.

6. Application documents for continuing mineral prospecting rights include:

a) An application form for continuing mineral prospecting rights; a report on the results of prospecting, the volume of work already completed, and the program for continued prospecting;

b) A certified copy of the legal document authenticated by a notary public proving the organization or individual inheriting the mineral prospecting rights;

c) A certified copy of the document confirming the legal entity status of the organization inheriting the rights, authenticated by a notary public.

The continuation of the mineral exploration right shall be approved by issuing an exploration permit to the organization or individual who inherits or replaces the previously issued permit.

Article 61. Documents for Issuing, Extending, Returning, Transferring Mining Permits, and Continuing Implementation of Mineral Exploitation Rights

1. Documents for applying for a mining permit include:

a) An application for a mining permit accompanied by a map of the mining area;

b) A decision on approving the mineral reserves by the competent state agency as prescribed;

c) A feasibility study report on mining accompanied by a decision on approval as prescribed;

d) An environmental impact assessment report or an environmental standard compliance registration approved or confirmed by the competent state agency according to environmental protection laws;

đ) A certified copy of the legal entity confirmation document from a Notary Public for domestic organizations applying for a mining permit that have not been granted an exploration permit, or a certified copy of the investment license from a Notary Public for foreign organizations or joint ventures with foreign participation applying for a mining permit;

2. Documents for extending a mining permit

The extension application must be submitted to the receiving authority ninety (90) days before the permit expires, including:

a) An application for extending a mining permit;

b) A current mine status map at the time of application for extension, accompanied by a report on mining activities up to the application date, remaining mineral reserves, and the area requested for continued exploitation;

In cases where the mining permit has expired but the extension application is still under review, the organization or individual exploiting minerals may continue operations until the extension is granted or until a response denying the extension is received;

3. Documents for returning a mining permit or part of the mining area include:

a) An application for returning a mining permit or part of the mining area;

b) A current status map accompanied by a report on mining results up to the return date of the permit or part of the mining area;

c) A closure plan already reviewed and approved according to the law for the case of returning a mining permit;

4. Documents for transferring mining rights include:

a) An application for transferring mining rights and a transfer agreement, accompanied by a statement of the value of transferred assets;

b) A report on mining results and obligations fulfilled up to the transfer application date, accompanied by a current status map at the transfer application date;

c) A certified copy of the legal entity confirmation document from a Notary Public for domestic organizations applying to take over the mining rights, or a certified copy of the investment license from a Notary Public for foreign organizations or joint ventures with foreign participation applying to take over the mining rights;

The transfer of mining rights shall be approved by issuing a mining permit to the organization taking over the rights, replacing the previously issued permit;

5. Documents for continuing implementation of mining rights include:

a) An application for continuing implementation of mining rights;

b) A certified copy of the legal document from a Notary Public proving the organization or individual inheriting the mining rights;

c) A certified copy of the legal entity confirmation document from a Notary Public of the organization inheriting the rights;

d) A current status map of mining accompanied by a report on mining results up to the date of application for continuing the implementation of mining rights;

The continuation of the implementation of mining rights shall be approved by issuing a mining permit to the organization or individual inheriting the rights, replacing the previously issued permit;

6. In cases specified in Clause 2, Article 41 of the Law on Minerals and in cases of mining in areas that have been surveyed and evaluated but are not included in the national mining and processing planning scheme approved by the competent state agency or do not fall within the scope of national mineral resource reserves as stipulated in Point b, Clause 1, Article 56 of the Law on Minerals, the application for a mining permit does not include a decision on approving the mineral reserves.

Article 62. Documents for Issuing, Extending, Returning, Transferring Mineral Processing Permits, and Continuing to Exercise Mineral Processing Rights

1. The application documents for issuing a mineral processing permit include:

a) An application form for a mineral processing permit;

b) A feasibility study report on mineral processing accompanied by the decision approving it in accordance with regulations;

c) A certified copy of the document confirming the legal status of the entity applying for the mineral processing permit, which is a domestic organization, issued by a Notary Public, or a certified copy of the mineral processing investment license for an organization applying for the permit that is a foreign organization or a joint venture with a foreign party, issued by a Notary Public;

d) An environmental impact assessment report or a registration of meeting environmental standards approved or confirmed by the competent state agency in accordance with environmental protection laws.

2. Application documents for extending a mineral processing permit

The extension application must be submitted to the receiving authority ninety (90) days before the permit expires and includes:

a) An application form for extending a mineral processing permit;

b) A report on the results of mineral processing activities up to the date of the extension request, including the volume of minerals to be processed further.

In cases where the mineral processing permit has expired but the extension application is still under review, the organization or individual granted the mineral processing permit may continue operations until the extension is granted or until they receive a written response from the authority regarding the reasons for not granting the extension.

3. Application documents for returning a mineral processing permit include:

a) A return application form for a mineral processing permit;

b) A report on the results of mineral processing from the effective date of the permit to the date of returning the permit.

4. Application documents for transferring the right to process minerals include:

a) An application form for transferring the right to process minerals;

b) A transfer agreement for the right to process minerals, along with a statement of the value of transferred assets; a report on the results of mineral processing and completed obligations up to the date of the transfer request;

c) A certified copy of the document confirming the legal status of the entity receiving the transfer of the right to process minerals, which is a domestic organization, issued by a Notary Public, or a certified copy of the investment license for the organization receiving the transfer of the right to process minerals that is a foreign organization or a joint venture with a foreign party, issued by a Notary Public.

The transfer of the right to process minerals is approved by issuing a mineral processing permit to the entity receiving the transfer, replacing the previously issued permit.

5. Application documents for continuing to exercise the right to process minerals include:

a) An application form for continuing to exercise the right to process minerals;

b) A certified copy of the legal document issued by a Notary Public proving the organization or individual inheriting the right to process minerals;

c) A certified copy of the legal entity confirmation document from a Notary Public of the organization inheriting the rights;

d) A report on the results of mineral processing and a plan for continued mineral processing activities.

The permission to continue exercising the right to process minerals is evidenced by issuing a mineral processing permit to the organization or individual inheriting the right, replacing the previously issued permit.

Article 63. Procedure for Issuing Licenses

1. Within sixty (60) working days from the date of receiving complete and valid application files from domestic organizations applying for mineral operation licenses, or from foreign organizations or joint ventures with foreign parties applying for mineral exploration licenses, the receiving agency must complete the review of the application files and submit them to the competent state authority for consideration of issuing the license.

In cases requiring more time for examination and review due to complexity, the review period may be extended but shall not exceed ninety (90) working days from the date of receiving complete and valid application files.

2. Within thirty (30) working days from the date when foreign organizations or joint ventures with foreign parties are granted investment licenses and have submitted complete and valid application files for mineral exploitation and processing licenses in accordance with regulations, the receiving agency must complete the review of the application files and submit them to the competent authority for issuance of the license.

3. Within thirty (30) working days from the date of receiving complete and valid application files for extension, return, partial return, transfer, or continued exercise of mineral operation rights in cases of lawful inheritance, the receiving agency must complete the review of the application files and submit them to the competent state authority for consideration and decision on granting or denying permission.

4. The time limits specified in Clause 1 and Clause 3 of this Article do not include the time taken to seek opinions from relevant agencies regarding issues related to the issuance of mineral operation licenses.

5. Within seven (07) working days from the date of receiving complete and valid application files submitted by the receiving agency, the competent state authority must consider and decide on the issuance or denial of mineral operation licenses and return the files to the receiving agency. If the license is not issued, a written response must be provided with clear reasons stated.

6. The receiving agency is responsible for delivering the license to the organization that applied for the mineral operation license.

7. The Vietnam Geological and Mineral Resources Department is the agency receiving application files for mineral operation licenses within the jurisdiction of the Ministry of Natural Resources and Environment; the Provincial Department of Natural Resources and Environment is the agency receiving application files for mineral operation licenses within the jurisdiction of the Provincial People's Committee.

8. The Ministry of Natural Resources and Environment shall specify the forms of applications, mineral operation licenses, and maps of areas applying for mineral operation licenses.

Article 64. Files for Review, Examination, and Approval of Mineral Reserves

The files for review, examination, and approval of mineral reserves include:

1. A letter requesting review, examination, and approval of mineral reserves.

2. Exploration project proposal and a certified copy of the mineral exploration permit by a Notary Public.

3. Completion report on the quantity and quality of exploration works carried out by the organization or individual holding the mineral exploration permit.

4. Four sets of documents, including three printed sets and one set recorded on a CD, comprising: the explanatory report of the exploration report, appendices, drawings, and related original documents.

Article 65. Procedures for Appraisal, Examination, and Approval of Mineral Reserves

1. The Office of the Mineral Reserve Evaluation Council shall be the authority to receive applications for appraisal, examination, and approval of mineral reserves submitted by the Mineral Reserve Evaluation Council; the Department of Natural Resources and Environment shall be the authority to receive applications for appraisal, examination, and approval of mineral reserves submitted by the People's Committee at the provincial level.

2. Within thirty (30) working days from the date of receipt of complete and valid files as stipulated in Article 64 of this Decree, the competent state authority must complete the appraisal, examination, and approval of mineral reserves. In case of non-approval, a written response with clear reasons must be provided.

Chapter XIII

MINERAL DEPLETION EXCAVATION

Article 66. Area of Mineral Depletion Excavation Zone

The area of the mineral depletion excavation zone for a permit issued to an organization shall not exceed ten (10) hectares, and for an individual, it shall not exceed one (01) hectare.

Article 67. Extension of Mineral Depletion Excavation Permit

The mineral depletion excavation permit may be extended multiple times but the total extension period shall not exceed twenty-four (24) months under the following conditions at the time of application for extension:

1. The organization or individual permitted to conduct mineral depletion excavation has fulfilled its obligations as prescribed in Article 52 of the Minerals Law.

2. The mineral depletion excavation permit remains valid for at least thirty (30) days.

Article 68. Procedures for Issuance, Extension, and Permission to Return Mineral Depletion Excavation Permits

The procedures for issuance, extension, and permission to return mineral depletion excavation permits shall be carried out in accordance with the provisions of Articles 61 and 63 of this Decree.

Chapter XIV

INSPECTION, SETTLEMENT OF COMPLAINTS AND REPORTS

Article 69. Mineral Inspection

1. Mineral inspection is specialized inspection related to minerals.

2. The organization, tasks, and powers of specialized mineral inspection shall be regulated by the Government.

Article 70. Settlement of Complaints and Reports

The settlement of complaints and reports in the field of minerals shall be carried out in accordance with the laws on complaints and reports.

Chapter XV

IMPLEMENTING PROVISIONS

Article 71. Effective Date

This Decree shall take effect fifteen (15) days from the date of publication in the Official Gazette and shall replace Decree No. 76/2000/NĐ-CP dated December 15, 2000 of the Government detailing the implementation of the Minerals Law (amended).

Article 72. Responsibilities of Ministries, Agencies Equivalent to Ministries, Government Agencies, Provincial People's Committees, and Related Organizations and Individuals

1. The Minister of Natural Resources and Environment, Ministers of relevant ministries within their respective functions, duties, and authorities shall be responsible for guiding the implementation of this Decree.

2. Ministers, heads of agencies equivalent to ministries, heads of government agencies, Chairmen of provincial people's committees, and related organizations and individuals shall be responsible for implementing this Decree./.