Decision No. 325/QD-DCKS on issuing the "Regulations on administrative procedures for mineral exploitation permits"

DECISION OF THE MINISTER OF INDUSTRY

Regarding the issuance of "Regulations on Administrative Procedures for Mineral Exploration Licenses"

THE MINISTER OF INDUSTRY

Pursuant to the Mineral Law dated March 20, 1996 and Decree No. 68/CP dated November 1, 1996 of the Government detailing the implementation of the Mineral Law;

Pursuant to Decree No. 74/CP dated November 1, 1995 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Industry;

At the proposal of the Director of the Vietnam Geological and Mineral Resources Department,

DECISION:

Article 1. The "Regulations on Administrative Procedures for Mineral Exploration Licenses" attached hereto shall be implemented uniformly throughout the country.

Article 2. Ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees, organizations, and individuals participating in mineral activities are responsible for implementing this decision./.

REGULATIONS ON ADMINISTRATIVE PROCEDURES FOR MINERAL EXPLORATION LICENSES

(Issued together with Decision No. 325/QĐ-ĐCKS dated February 26, 1997 of the Minister of Industry)

PART I
GENERAL PROVISIONS

Article 1. Administrative procedures for mineral exploration licenses include procedures for issuing, extending, allowing return, revoking mineral exploration licenses; permitting transfer, inheritance of rights to explore, extract, process minerals and registering mineral activities.

Article 2. The mineral exploration licenses referred to herein include:

Mineral survey license;

Mineral exploration license;

Mineral extraction license;

Mineral processing license;

Mineral extraction tailings license.

Article 3. Regulations on administrative procedures for mineral exploration licenses comply with the principles and procedures stipulated in Articles 48 to 63 of Decree No. 68/CP dated November 1, 1996 of the Government detailing the implementation of the Minerals Law (hereinafter referred to as Decree No. 68/CP), which are further elaborated in these regulations.

Article 4. The authority to issue, extend, revoke, allow return of mineral exploration licenses, and permit transfer of mineral activity rights as provided in Article 9 of Decree No. 68/CP, specifically:

1- The Ministry of Industry issues the following types of licenses:

Mineral survey license;

Mineral exploration license;

Mineral extraction and processing licenses for all types, except for mineral extraction and processing licenses within the jurisdiction of provincial People's Committees (hereinafter referred to as Provincial People's Committee) as specified in Clause 2 of this Article;

Mineral extraction and processing licenses for ordinary construction materials and in areas delineated by the Ministry of Industry for two or more provinces, or in cases issued to foreign organizations or joint ventures with foreign parties.

2- Provincial People's Committees issue the following types of licenses within their administrative management responsibility:

Mineral extraction tailings licenses for all types in areas delineated by the Ministry of Industry according to Article 66 of Decree No. 68/CP;

Mineral extraction and processing licenses for ordinary construction materials and mud coal for domestic organizations and individuals, except for licenses for all types within the jurisdiction of the Ministry of Industry as specified in Clause 1 of this Article.

3- The agency authorized to issue a type of mineral exploration license has the authority to extend, revoke, allow return of that type of license and has the authority to permit transfer of mineral activity rights according to that type of license.

Article 5. The agency receiving applications and files for mineral exploration licenses from the Ministry of Industry is the Vietnam Geological and Mineral Resources Department.

The agency receiving applications and files for mineral exploration licenses from provincial People's Committees is the Provincial Industry Department.

Agencies receiving applications and files for mineral exploration licenses have the responsibility to guide and create conditions for organizations and individuals to understand information related to selecting areas, area sizes, and administrative procedures for mineral exploration licenses.

Article 6. Fees for mineral exploration licenses are implemented according to the provisions of the Ministry of Finance and the Ministry of Industry.

PART II
MINERAL EXPLORATION PERMIT

Article 7. Organizations and individuals applying for a mineral survey license must submit to the Vietnam Geological and Mineral Resources Department:

1. Application for a mineral survey license (Form 01);

2. A mineral survey project, clearly stating the location, boundaries, and area: geological agency and objects to be surveyed (type of mineral), methods and volume of work; time limit, progress, and cost estimate, financial sources;

3. A map of the mineral survey area based on a topographic map with a scale not less than 1:100,000, using the UTM orthogonal coordinate system (Form 02), four (4) copies. The boundaries of the mineral survey area are delineated in square grids, each grid being 1km x 1km.

4. Legal documents regarding the status of the applicant as prescribed by law.

Article 8. Within sixty (60) days from the date of receipt of complete and valid files from domestic organizations and individuals, and ninety (90) days from the date of receipt of complete and valid files from foreign organizations or joint ventures with foreign parties, the Vietnam Geological and Mineral Resources Department must complete the review of the files, report to the Minister of Industry to issue a mineral survey license (Form 03) or reply in writing to the applicant about the non-issuance of the license.

Article 9. To extend a mineral survey license, the permitted survey organization must submit an application (Form 04) explaining the reasons for requesting an extension of the license along with a report on the results of the completed mineral survey to the Vietnam Geological and Mineral Resources Department at least thirty (30) days before the expiration date of the license. Within thirty (30) days from the date of receipt of the application and valid files, while the survey license remains effective, the Vietnam Geological and Mineral Resources Department must consider and report to the Minister of Industry to decide on an extension (Form 05) or reply in writing to the applicant about the non-extension of the license.

Article 10. To return a mineral survey license, the permitted survey organization must submit an application (Form 06) clearly stating the reasons for requesting the return of the license along with a report on the results of the survey up to the date of requesting the return of the license to the Vietnam Geological and Mineral Resources Department.

Within thirty (30) days from the date of receipt of the application and valid files, the Ministry of Industry must issue a decision allowing the return of the license (Form 07) or communicate with the applicant.

Article 11. The mineral survey license is revoked according to Article 24 of the Minerals Law and Article 58 of Decree No. 68/CP, which is reflected in the Decision of the Minister of Industry (Form 08).

CHAPTER III
MINERAL PROSPECTING PERMIT

Article 12. Organizations and individuals applying for a mineral exploration license must submit to the Vietnam Geological and Mineral Resources Department:

1. Application for mineral exploration permit (Form 09);

2. Exploration project for minerals, specifying the location, boundaries, and area; geological basis, exploration objectives (excluding mineral quantity); main technology and workload; impact on ecological environment, resources, structures, and other assets; duration and progress of activities; exploration cost estimate and financial sources...;

3. Mineral exploration area map based on topographic maps, UTM orthogonal coordinate system, four (4) sets.

The exploration area boundary is delineated in a closed polygonal shape. Exploration areas with an area of one square kilometer (1 km²) or more are delineated in square grids, each grid measuring 1 km x 1 km on a 1:50,000 scale map (Form 10); exploration areas smaller than one square kilometer (1 km²) are delineated on a map with a scale not less than 1:5,000 (Form 10a).

4. Legal status, asset, and financial capacity documents of the applicant according to the provisions of the law;

5. A copy of the investment permit (if any), certified by a state notary.

Article 13. Within sixty (60) days from the date of receipt of complete and valid application files from domestic organizations and individuals, and ninety (90) days from the date of receipt of complete and valid application files from foreign organizations and individuals or joint ventures with foreign parties, the Vietnam Geological and Mineral Resources Department must complete the review of the application file, determine the minimum exploration costs, seek opinions from the provincial People's Committee and relevant agencies, conduct field inspections, and submit the exploration permit (Form 11) to the Minister of Industry for issuance or provide a written response to the applicant regarding the denial of the permit.

Article 14. Prior to receiving the exploration permit, the organization or individual conducting exploration must pay the deposit, permit fee, and exclusive exploration fee as stipulated in Articles 28, 29, and 30 of Decree 68/CP.

Article 15. According to Article 51 of Decree 68/CP, the agency asked for its opinion within its authority has the responsibility to reply in writing to the Vietnam Geological and Mineral Resources Department within the latest twenty-five (25) days from the date of receipt of the request for opinion from the Department. After the aforementioned period, if there is no written reply from the agency asked for its opinion, it shall be deemed that the agency has approved the issuance of the mineral exploration permit.

In cases where the opinions of relevant agencies differ, the Vietnam Geological and Mineral Resources Department may organize discussions to reach a consensus or report to the Minister of Industry for consideration and decision.

Article 16. For mineral exploration permits required to be approved by the Prime Minister under government regulations, within twenty (20) days from the date of receipt of the Prime Minister's opinion notification from the Government Office, the Vietnam Geological and Mineral Resources Department must complete the application file and submit it to the Minister of Industry for issuance of the exploration permit or provide a written response to the applicant regarding the denial of the permit.

Article 17. To extend the mineral exploration permit, at least thirty (30) days before the expiration of the permit, the organization or individual authorized to explore must send the following to the Vietnam Geological and Mineral Resources Department:

1. Application for extension of the mineral exploration permit (Form 12);

2. Report on the results and costs of exploration already carried out; program, workload, and estimated costs for continued exploration;

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

Within thirty (30) days from the date of receipt of the application and valid supporting documents, the Vietnam Geological and Mineral Resources Department must examine and submit to the Minister of Industry for a decision on extension (Form 13) or provide a written response to the applicant regarding the denial of the extension.

In cases where the mineral exploration permit has expired but the application and supporting documents for extension are still being reviewed, the permit remains valid until the decision on extension is made or a written response is provided to the applicant regarding the denial of the extension.

Article 18. To return the mineral exploration permit, the organization or individual must send the following to the Vietnam Geological and Mineral Resources Department:

1. Application for return of the mineral exploration permit (Form 14);

2. Report on the results of mineral exploration and report on exploration costs incurred up to the date of returning the permit;

3. List of completed financial obligations.

Within thirty (30) days from the date of receipt of the application and valid supporting documents, the Vietnam Geological and Mineral Resources Department must examine and submit to the Minister of Industry for a decision (Form 15).

Article 19. To return part of the exploration area, the organization or individual must send the following to the Vietnam Geological and Mineral Resources Department:

1. Application for return of part of the mineral exploration area (Form 16);

2. Report on the results of mineral exploration conducted in the area to be returned;

3. Map of the exploration area to continue operations;

4. Workload and cost estimate;

5. Continued exploration program.

Within thirty (30) days from the date of receipt of the application and valid supporting documents, the Vietnam Geological and Mineral Resources Department must examine and submit to the Minister of Industry for a decision (Form 17) or provide a written response to the applicant.

Article 20. To transfer mineral exploration rights, the organization or individual must send the following to the Vietnam Geological and Mineral Resources Department:

1. Application for transfer of mineral exploration rights (Form 18);

2. Transfer agreement for mineral exploration rights;

3. Statement of value of assets to be transferred along with the transfer agreement;

4. Report on exploration results, costs incurred, and obligations fulfilled up to the date of requesting the transfer of exploration rights;

5. Documents confirming the legal status, assets, and financial capacity of the organization or individual applying for the transfer of exploration rights;

6. Copy of the investment permit certified by a state notary (for organizations or individuals applying to receive the transfer who are foreign organizations or individuals or joint ventures with foreign parties).

Within thirty (30) days from the date of receipt of valid application and documents, and the valid exploration permit, the Vietnam Geological Survey must examine and submit to the Minister of Industry for decision or respond in writing to the applicant regarding the issuance of an exploration permit that cannot be transferred.

Article 21. The transfer of exploration rights is approved by issuing a new exploration permit (Form 19) to the transferring entity or individual in accordance with the exploration rights specified in the previously issued permit which is simultaneously revoked. In cases where the exploration rights do not meet the conditions for transfer as stipulated in Article 56 of Decree 68/CP, the entity or individual may return the exploration permit in accordance with Article 18 of this Regulation.

Article 22. To legally inherit exploration rights, organizations or individuals must submit to the Vietnam Geological Survey:

1. An application for inheritance of exploration rights (Form 20);

2. Legal documentation proving that the applicant is the lawful heir of the individual permitted to conduct mineral exploration;

3. A report on the results of exploration work, costs incurred, and the program for continued exploration activities.

Within thirty (30) days from the date of receipt of valid application and documents, and the valid exploration permit, the Vietnam Geological Survey must examine and submit to the Minister of Industry for decision.

The inheritance of exploration rights is approved by issuing a new exploration permit (Form 21) to the inheriting organization or individual in accordance with the mineral exploration rights specified in the previously issued permit which is simultaneously revoked.

Article 23. If the organization or individual who has legally inherited mineral exploration rights does not meet the conditions to continue exploration activities, they have the right to transfer the exploration rights to another organization or individual in accordance with Article 20 or request to return the exploration permit in accordance with Article 18 of this regulation.

Article 24. The revocation of an exploration permit for minerals in accordance with Article 29 of the Law on Minerals and Article 59 of Decree 68/CP is reflected in the decision of the Minister of Industry (Form 22).

PART IV
MINERAL EXPLORATION PERMIT

Article 25. Organizations or individuals wishing to apply for a mining permit must submit to the receiving authority:

1. An application for a mining permit (Form 23 and 23a);

2. Approval or review documents of the competent authority regarding the exploration report as stipulated in Article 43 of Decree 68/CP and confirmation of submission of the exploration report to the national geological archive;

3. Feasibility study report on mining accompanied by approval or review documents as stipulated in Article 44 of Decree 68/CP;

4. Mining area map (proposed) based on a topographic map with a scale of no less than 1:5,000, using the UTM orthogonal coordinate system (Form 24 and 24a), four (4) copies;

5. Documents regarding the legal status of the applicant (if the applicant is not the organization or individual already permitted to explore);

6. Documents confirming the assets and financial capacity of the applicant (project sponsor);

7. A copy of the investment permit for mining with a notarized certification (for foreign organizations or joint ventures with foreign parties);

8. Environmental impact assessment report reviewed and approved in accordance with environmental protection laws if the minerals to be mined are mineral water, hot water, natural clean water used for medical treatment, convalescence, bottled drinking water;

9. Documentation confirming the quality and utility of the water source from the competent health authority as prescribed by the Ministry of Health.

Article 26. Within sixty (60) days from the date of receipt of complete and valid documents from domestic organizations or individuals, and ninety (90) days from the date of receipt of complete and valid documents from foreign organizations or joint ventures with foreign parties, the receiving authority must complete the review of the documents, field inspection, collection of opinions from relevant authorities, and submit to the competent authority for decision on issuing a mining permit (Form 25, 25a, and 25b) or respond in writing to the organization or individual regarding the non-issuance of the permit.

Article 27. The procedures, formalities, and deadlines for collecting opinions from relevant authorities or requesting the Prime Minister's opinion before issuing a mining permit follow the provisions of Articles 15 and 16 of this regulation.

Article 28. In cases where the mining application must be published in mass media to collect opinions, the receiving authority must publish it at least twenty-five (25) days prior to the issuance of the permit.

Article 29. To extend a mining permit, organizations or individuals must submit to the receiving authority at least three (3) months before the permit expires:

1. An application for extension of the mining permit (Form 26);

2. Report on the results of mining activities from the effective date of the permit to the date of application for extension; remaining reserves and area to be continued mining;

3. List of obligations fulfilled: tax payment, compensation for damages, environmental protection, land restoration in areas where mining operations have ceased,...

4. Mine status map at the time of application for extension. Within thirty (30) days from the date of receipt of valid application and documents, and the valid mining permit, the receiving authority must examine and submit to the competent authority for decision on extension (Form 27 and 27a) or respond in writing to the applicant regarding the non-extension of the permit.

Article 30. To return a mining permit, organizations or individuals must submit to the receiving authority:

1. An application for return of the mining permit (Form 28);

2. Report on the results of mining activities from the effective date of the permit to the date of application for return of the permit;

3. List of obligations fulfilled up to the date of application for return of the permit: tax payment, compensation for damages,...

4. Mine closure plan for liquidation or protection as prescribed by the Ministry of Industry;

5. Mine status map.

Within thirty (30) days from the date of receipt of valid application and documents, the receiving authority must examine and submit to the competent authority for decision (Form 29 and 29a).

Article 31. In order to have part of the mining area returned, organizations and individuals must submit the following documents to the receiving authority:

1. A request for returning part of the mining area (Form 30).

2. A report on the results of mining, geological conditions, and remaining mineral reserves in the area requested for return;

3. An environmental recovery plan, land restoration plan, mineral resource protection measures, and safety assurance plan for the area requested for return;

4. A current mining map at the time of requesting to return part of the mining area.

Within thirty (30) days from the date of receipt of the application and valid supporting documents, the receiving authority must review and submit to the competent authority for decision (Forms 31 and 31a).

Article 32. To transfer the right to mine minerals, organizations and individuals must submit the following documents to the receiving authority:

1. A request for transferring the right to mine minerals (Form 32);

2. A mineral rights transfer contract;

3. A list of assets to be transferred along with the mineral rights transfer contract;

4. A report on the results of mining and completed obligations up to the date of requesting to transfer the right to mine;

5. A current mining map at the time of requesting to transfer;

6. Legal documents confirming the legal status, assets, and financial capacity of the organization or individual requesting to take over the transfer of mineral rights;

7. A notarized copy of the investment license (for organizations or individuals receiving the transfer who are foreign entities or joint ventures with foreign parties).

Within thirty (30) days from the date of receipt of the application and valid supporting documents, the receiving authority must review, submit to the competent authority for decision, or respond in writing to the applicant regarding the non-transferability of the mining right.

Article 33. The transfer of the right to mine minerals is accepted through the issuance of a new mining permit (Forms 33 and 33a) to the organization or individual taking over the transfer, consistent with the mining rights specified in the previous permit that was revoked simultaneously. If the mining right does not meet the conditions for transfer as stipulated in Article 56 of Decree 68/CP, the organization or individual has the right to return the permit according to Article 30 of this Regulation.

Article 34. To legally inherit the right to mine minerals, organizations and individuals must submit the following documents to the receiving authority:

1. A request for inheriting the right to mine minerals (Form 34);

2. Legal documents proving that the applicant is the legitimate heir of the individual permitted to mine minerals;

3. A report on the results of mining minerals up to the date of applying for inheritance;

4. A current mining map up to the date of applying for inheritance. Within thirty (30) days from the date of receipt of the application and valid supporting documents, and while the mining permit remains valid, the receiving authority must review and submit to the competent authority for decision.

The inheritance of the right to mine minerals is approved through the issuance of a new mining permit (Forms 35 and 35a) to the organization or individual inheriting, consistent with the mineral mining rights specified in the previous permit that was revoked simultaneously.

Article 35. In cases where the organization or individual legally inheriting the right to mine minerals does not meet the conditions to continue mining activities, such organization or individual has the right to transfer the mining right to another organization or individual according to Article 32 or request the return of the mining permit according to Article 30 of this Regulation.

Article 36. The mining permit revoked according to Article 39 of the Minerals Law and Article 60 of Decree 68/CP is reflected in the Decision of the competent authority issuing the permit (Forms 36 and 36a).

Article 37. Administrative procedures for exploitation permits for residual deposits are regulated by the Provincial People's Committee after consultation with the Ministry of Industry and in accordance with the provisions of the Minerals Law and Articles 65 to 70 of Decree 68/CP. Applications for residual deposit exploitation and residual deposit exploitation permits have uniform contents nationwide (Forms 37 and 37a).

Article 38. The provisions of Clause 4, Article 65 of Decree 68/CP regarding residual deposit exploitation contracts and residual deposit exploitation cards are applied as follows:

1. Residual deposit exploitation contracts are signed between the enterprise permitted to exploit residual deposits and individuals (who are not enterprises) to carry out residual deposit exploitation based on ensuring the legal responsibility for residual deposit exploitation of the enterprise and mutual responsibilities of the contracting parties.

2. Residual deposit exploitation cards are issued by the enterprise permitted to exploit residual deposits to individuals (who are not enterprises) to carry out residual deposit exploitation in cases where it is not possible to delineate separate residual deposit exploitation areas for each individual. Residual deposit exploitation cards are made uniformly, with a validity period not exceeding twelve months, renewable multiple times, each renewal not exceeding twelve months, and not exceeding the validity period of the residual deposit exploitation permit already issued to the enterprise.

CHAPTER V
Application for issuance of a mineral processing permit

Article 39. Organizations and individuals without a mining permit wishing to apply for a processing permit for minerals must submit the following documents to the receiving authority as stipulated in Article 5 of this Regulation:

1. A request for a mineral processing permit (Form 38);

2. A feasibility study report on mineral processing accompanied by a review and approval document according to Article 44 of Decree 68/CP;

3. A notarized copy of the mineral processing investment permit (for applicants who are foreign organizations or joint ventures with foreign parties);

4. Legal documents confirming the legal status, assets, and financial capacity of the applicant;

5. An environmental impact assessment report that has been reviewed and approved according to environmental protection laws.

Article 40. Within sixty (60) days from the date of receiving complete and valid application files from domestic organizations and individuals, and within ninety (90) days from the date of receiving complete and valid application files from foreign organizations and individuals or joint ventures with foreign parties, the Receiving Authority must complete the examination of the application files, on-site inspection, collection of opinions from relevant agencies, and submit to the competent authority for decision on granting the mineral processing permit (forms 39 and 39a) or notify in writing the organization or individual that the permit will not be granted.

Article 41. The procedures, formalities, and time limits for collecting opinions from relevant agencies or seeking opinions from the Prime Minister before issuing a mineral processing permit shall comply with the provisions of Articles 15 and 16 of this Regulation.

Article 42. To extend the mineral processing permit, at least three (3) months before the expiration date of the permit, the organization or individual must submit to the Receiving Authority:

1. An application for extension of the mineral processing permit (form 40);

2. A report on the results of mineral processing activities from the effective date of the permit until the date of application for extension; The volume of minerals to be processed further;

3. A list of obligations fulfilled: payment of taxes, compensation for damages, environmental protection.

Within thirty (30) days from the date of receipt of the application and complete and valid files, if the mineral processing permit is still valid, the Receiving Authority must review and submit to the competent authority for decision on extension (forms 41 and 41a) or notify the applicant in writing that the permit will not be extended.

Article 43. To return the mineral processing permit, the organization or individual must submit to the Receiving Authority:

1. An application for return of the mineral processing permit (form 42);

2. A report on the results of mineral processing activities from the effective date of the permit until the date of application for return of the permit;

3. A list of obligations fulfilled up to the date of application for return of the permit: payment of taxes, compensation for damages...

Within thirty (30) days from the date of receipt of the application and complete and valid files, the Receiving Authority must review and submit to the competent authority for decision (forms 43 and 43a).

Article 44. To transfer the right to process minerals, the organization or individual must submit to the Receiving Authority:

1. An application for transfer of the right to process minerals (form 44);

2. A contract for the transfer of the right to process minerals;

3. A list of the actual value of assets transferred;

4. A report on the results of mineral processing activities, costs incurred, and obligations completed up to the date of application for transfer of the right to process minerals;

5. Legal documents confirming the legal status, assets, and financial capacity of the organization or individual applying to receive the transfer of the right to process minerals;

6. A certified copy of the investment license for mineral processing (for organizations or individuals receiving the transfer being foreign organizations or joint ventures with foreign parties).

Within thirty (30) days from the date of receipt of the application and complete and valid files, the Receiving Authority must review and submit to the competent authority for decision, or notify the applicant in writing that the mineral processing permit will not be transferred.

Article 45. The transfer of the right to process minerals is accepted by issuing a new mineral processing permit (forms 45 and 45a) to the organization or individual receiving the transfer, consistent with the mineral processing rights specified in the previous permit revoked simultaneously. In cases where the mineral processing rights do not meet the conditions for transfer as stipulated in Clause 4 of Article 61 and Article 56 of Decree 68/CP, the organization or individual has the right to return the mineral processing permit according to Article 43 of this Regulation.

Article 46. To legally inherit the right to process minerals, the organization or individual must submit to the Receiving Authority:

1. An application for inheritance of the right to process minerals (form 46);

2. Legal documents proving that the applicant is the lawful heir of the individual permitted to process minerals;

3. A report on the results of mineral processing activities and plans to continue mineral processing activities.

Within thirty (30) days from the date of receipt of the application and complete and valid files, if the mineral processing permit is still valid, the Receiving Authority must review and submit to the competent authority for decision.

The inheritance of the right to process minerals is accepted by issuing a new mineral processing permit (forms 47 and 47a) to the organization or individual inheriting it, consistent with the mineral processing rights specified in the previous permit revoked simultaneously.

Article 47. In cases where the organization or individual legally inherits the right to process minerals but does not have the conditions to continue mineral processing activities, they have the right to transfer the right to process minerals to another organization or individual according to Article 44 or request the return of the mineral processing permit according to Article 43 of this Regulation.

Article 48. The mineral processing permit is revoked according to Clause 3 of Article 61 of Decree 68/CP, which is reflected in the Decision of the competent authority issuing the permit (forms 48 and 48a).

Chapter VI
NATIONAL REGISTRATION, ANNOUNCEMENT
MINERAL ACTIVITIES

Article 49. Mineral activities must be registered with the State at the Receiving Authority specified in Article 5 of this Regulation before issuing the permit to the applicant.

All mineral activities carried out under permits issued by competent authorities throughout the country must be registered and compiled comprehensively at the Vietnam Geological and Mineral Resources Department.

Article 50. The Receiving Authority for permit applications is responsible for storing the files of mineral activity permits.

Article 51. The mineral activity permit is issued to the applicant two (2) copies and sent to relevant agencies for national registration or announcement of activities as follows:

1. The exploration permit, the mining permit, accompanied by a map of the exploration area or the mining area, is sent to the Provincial Industry Department at one (1) copy.

2. The mining permit, accompanied by a map of the mining area, and the mineral processing permit issued by the Ministry of Industry are sent to the Provincial Industry Department at one (1) copy.

3. The mining permit for common construction materials and mud coal, the processing permit, and the associated map of the mining area along with necessary information to register mining and processing activities, prepared by the Department of Industry, shall be submitted to the Vietnam Geological and Mineral Resources Administration in one (1) copy.

4. A copy of the mineral activity permit issued to organizations and individuals permitted to engage in mineral activities shall be sent to relevant agencies as required by those agencies when handling land lease procedures, registering business operations, etc.

Article 52. The volume of common construction material minerals extracted without obtaining a mining permit under the provisions of Article 62 of Decree 68/CP must be registered with state management agencies responsible for minerals according to the following regulations:

1. Areas of operation within the administrative jurisdiction of one province shall be registered with the provincial Department of Industry.

2. Areas of operation within the boundaries of two or more provinces shall be registered with the Vietnam Geological and Mineral Resources Administration and the local Departments of Industry.

Article 53. The notification of plans and programs for mineral activities, as well as the reporting system for the results of such activities, shall be governed by separate regulations.

Chapter VII
IMPLEMENTING PROVISIONS

Article 54. This regulation takes effect from the date of issuance. Previous regulations that conflict with this regulation are hereby abolished.

Article 55. Within a period not exceeding ninety (90) days from the date of issuance, all ongoing mineral activities that do not have permits, have been granted permits outside their jurisdiction, have not been registered, or have incomplete and inaccurate permit files according to this regulation must be redone or supplemented in accordance with this regulation./.