Decision No. 219/1999/QĐ-TTg On policies to protect the rights and interests of local residents where minerals are being exploited and processed, and to conserve unexploited mineral resources

Pursuant to …;

On the policy to protect the interests of the people

in localities where minerals are being exploited and processed and

to protect unexploited mineral resources

________________

PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Law on Minerals dated March 20, 1996;

Pursuant to the State Budget Law dated March 20, 1996;

Pursuant to the Law Amending and Supplementing Certain Provisions of the State Budget Law No. 06/1998/QH10 dated May 20, 1998;

Pursuant to Decree No. 68/CP dated November 1, 1996 of the Government detailing the implementation of the Minerals Law;

To protect the interests of the people in localities where minerals are being exploited and processed and to protect unexploited mineral resources;

At the proposal of the Minister of Finance,

DECISION:

Article 1. Organizations, households, and individuals residing legally and producing at localities where minerals are being exploited and processed must relocate their residence and production sites according to the decision of the competent authority for the purpose of exploiting and processing minerals or protecting unexploited mineral resources shall be protected by the State, provided with conditions to stabilize their lives and production at new locations.

Article 2. The Chairman of the People's Committee of provinces and centrally governed cities shall be responsible for building and deciding on investment plans for economic and social development in localities where minerals are being exploited and processed; plans to protect and stabilize the lives and production of organizations and individuals affected by the exploitation and processing of minerals and required to change their place of residence and production; plans to protect unexploited mineral resources (if applicable), in accordance with the economic and social development policies of the province and this Decision.

Article 3. The interests of organizations and individuals in localities where minerals are being exploited and processed are protected through the following main policies:

1. Organizations and individuals permitted to exploit and process minerals, in addition to combining the requirements of mineral exploitation and processing activities with the construction of infrastructure, environmental protection, restoration, and land conservation in the locality as approved in the feasibility study report, must have the responsibility to:

- Compensate for losses of land and existing assets on the land of organizations and individuals affected by the relocation due to mineral exploitation and processing activities in accordance with the laws on compensation for losses;

- Prioritize the recruitment of labor from the locality, especially those who need to relocate, into mineral exploitation and processing activities and related services.

2. For organizations and individuals legally using land in localities where minerals are being exploited and processed, which are affected by mineral exploitation and processing activities and required to relocate their residence and production sites, the State will allocate or lease land in accordance with the laws on land.

3. Production and business establishments that must move to new production and business sites shall be treated as newly established entities and entitled to preferential treatment under the laws on encouraging investment.

Article 4. The investment plan for economic and social development in localities where minerals are being exploited and processed must include the following contents:

- Investment in constructing or upgrading and repairing infrastructure facilities in residential areas such as water supply and drainage systems, local transportation networks, power grids...

- Investment in constructing or upgrading and repairing educational, health care, and welfare facilities in the locality such as schools, medical examination and treatment centers...

- Investment in constructing or upgrading and repairing economic and commercial development facilities such as markets, village cluster centers, commercial centers...

- Investment in developing strategies, planning, and plans for the industrial exploitation, processing, utilization, and trading of minerals in the locality.

Article 5. The plan to protect and stabilize the lives and production of organizations and parts of the population in localities where minerals are being exploited and processed and required to relocate their residence and production sites, in addition to implementing the protective policies as stipulated in Article 3, must include the following contents (if applicable):

- Prioritize investment in infrastructure over the old location;

- Measures to ensure the recovery and development of traditional trades linked to the mining industry development policy as well as the general economic and social development policy of the province;

- Measures to ensure the maintenance and development of healthy community living customs of the people moving to new residences;

- In cases where the new residence is in rural areas, measures to ensure resettlement and the development of household economies must be proposed.

Article 6. The plan to protect unexploited mineral resources must implement the contents of protecting mineral resources based on the measures and work of protecting unexploited mineral resources as prescribed by the laws on minerals.

Article 7. In cases where the plans proposed have significant impacts on many aspects and fields of the country's general economic and social development policies, the Chairman of the People's Committee of provinces and centrally governed cities must submit them to the Prime Minister for consideration and decision.

Article 8. The People's Committee of provinces and centrally governed cities shall be responsible for preparing budgets for the implementation of plans for investment in economic and social development in localities where minerals are being exploited and processed; plans to protect and stabilize the lives and production of organizations, households, and individuals in localities where minerals are being exploited and processed and required to relocate their residence and production sites; and plans for the protection of unexploited mineral resources (if applicable) annually. The funds for implementation will be allocated in the annual provincial budget.

Expenditures according to the proposed plans shall be balanced from the revenue from mineral activities that the provincial budget receives and must be implemented in accordance with the provisions of the laws on financial management, accounting, and statistics.

In cases where the provincial and centrally governed city budgets do not have revenues (or revenues are insufficient to cover expenditures) from mineral activities but there are mineral resources that need to be protected in accordance with the Minerals Law, they will be funded or supplemented by the central budget for the expenditures according to the proposed plans for the protection of mineral resources. The allocation and supplementation from the central budget to the provincial budget shall be carried out in accordance with the provisions of the State Budget Law.

Article 9. This Decision shall take effect fifteen days from the date of signature. All previous regulations that conflict with this Decision are hereby abolished.

Article 10. The Minister of Finance shall provide detailed guidance on the implementation of this Decision.

Article 11. The Ministers, Heads of agencies at the ministerial level, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities, and Heads of related agencies are responsible for implementing this Decision.