Decision No. 34/2002/QD-BCN On the Issuance of Regulations on Submission of Geological Reports and Provision of Geological and Mineral Materials

DECISION OF THE MINISTER OF INDUSTRY

ON ISSUING REGULATIONS ON SUBMISSION OF GEOLOGICAL REPORTS AND PROVISION OF GEOLOGICAL AND MINERAL DOCUMENTS

THE MINISTER OF INDUSTRY

Pursuant to Decision No. 74/CP dated November 1, 1996 of the Government on functions, tasks, powers, and organizational structure of the Ministry chức - cán bộ,

Pursuant to the Minerals Law dated March 20, 1996 and Decision No. 76/2000/NĐ-CP dated December 25, 2000 of the Government detailing the implementation of the Minerals Law (amended)

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

DECISION:

Article 1The regulations on submission of geological reports and provision of geological and mineral documents are hereby issued together with this Decision.

Article 2This Decision shall take effect 15 days from the date of signature and replace Decision No. 127/QĐ-ĐCKS dated January 16, 1997 of the Minister of Industry on issuing regulations on submission and provision of geological and mineral documents. All previous provisions contrary to these regulations are abolished. The Heads of the Ministry's Office, the Inspectorate, the Heads of Departments, Directors of Units under the Ministry

Article 3and organizations and individuals permitted to conduct basic geological surveys, basic geological surveys on mineral resources, exploration of minerals and other organizations and individuals related thereto are responsible for implementing this Decision. REGULATIONS ON SUBMISSION OF GEOLOGICAL REPORTS

AND PROVISION OF GEOLOGICAL AND MINERAL DOCUMENTS

(Issued together with Decision No. 34/2002/QĐ-BCN dated August 28, 2002 of the Ministry)

In this Regulation, the following terms are understood as follows: Minister Industry)

PART I

GENERAL PROVISIONS

Article 1.1. Geological and mineral documents (hereinafter referred to as documents) include geological reports and original documents.

a) Geological report or report on exploration results (hereinafter referred to as report) is a descriptive report presenting the results of basic geological surveys, basic geological surveys on mineral resources, or mineral exploration carried out according to state plans assigned or according to the Mining Activities Permit granted by the

Ministry of Industry;Original documents accompanying the report are various types of documents compiled and processed from original documents to substantiate and illustrate the contents of the report.

b) Original documents include data, samples collected on-site, analysis and testing results of geological-mineral samples, having content and form consistent with current state regulations.

2. Geological archives. Geological archives are located at the Institute of Information, Archive, and Museum of Geology under the Vietnam Geological and Mineral Resources Department (hereinafter referred to as Geological Archives).

Organizations and individuals of Vietnam, foreign organizations and individuals, or joint ventures with foreign parties (hereinafter referred to as organizations and individuals) permitted to conduct basic geological surveys, basic geological surveys on mineral resources, and mineral exploration within the territory, islands, inland waters, territorial seas, exclusive economic zones, and continental shelf of the Socialist Republic of Vietnam must establish and submit reports to the Geological Archives in accordance with these Regulations.

Reports and accompanying documents submitted to the Geological Archives are national assets and must be stored and preserved in accordance with state regulations. Documents provided from the Geological Archives in accordance with regulations serve as legal grounds for building research projects, basic geological surveys, basic geological surveys on mineral resources, mineral surveys, pre-feasibility and feasibility studies for mineral exploitation, and other needs; resolving disputes over mineral discoveries and related rights.

Article 2Strictly prohibited are acts of forging documents; illegally storing, providing, using, and destroying documents.

Article 3SUBMISSION OF GEOLOGICAL REPORTS

Article 4Obligations of organizations and individuals submitting reports:

PART II

Organizations and individuals as stipulated in Article 2 of these Regulations must submit two printed copies of the report to the Geological Archives with content consistent with the approved report decision or the Mineral Exploration Permit issued by the competent state management agency.

Article 5In cases where geological projects must be terminated before schedule, Mineral Exploration Permits are revoked or returned, they must also submit one copy of the report on completed work to the Geological Archives.

Organizations and individuals submitting reports to the Geological Archives have the right:

1. To receive a Certificate of Report Submission;

Article 6.Organization 2. To register the submitted reports in the list of submitted reports as a legal basis for copyright.

The report submitted to the Geological Archives includes:

1. Descriptive report;

, Clause 1, Clause 2 Article 7a of this Regulation.2. Accompanying documents (appendices, drawings).

The printed descriptive report must contain:

1. Task assignment documents, approval decisions and adjustments to project proposals or Mineral Exploration Permits, and review documents of authorized agencies along with evaluation criteria for mineral exploration, comments on the report, minutes of review meetings, approval decisions for the report or assessment documents of authorized agencies;

Article 8. 2. Content and chapters of the report according to current regulations;

3. List of accompanying documents;

4. List of original documents retained and preserved at the base unit.

It must bear the signatures of the main author, the head of the unit, and the unit's seal, as well as the signatures and seals of the managing agency or the project sponsor (if applicable). Appendices and drawings must bear the signatures and full names of the preparers, the binding date, and the checker; the signature and seal of the head of the unit preparing the report.

Accompanying documents include:

1. Appendices and drawings listed in the report that have been approved by the competent authority;

Article 92. For types of documents funded by state funds for digitization, CDs

or floppy disks or appropriate storage media must be submitted.

The descriptive report and accompanying documents submitted must be clearly presented, not erased, bound into volumes according to size 19 x 27cm. Drawings must be folded and placed in boxes sized 21 x 30 cm. The Director of the Vietnam Geological and Mineral Resources Department shall specify the format and method of submitting documents to the Geological Archives.

Article 10.PROVISION AND USE OF DOCUMENTS

THE DIRECTOR OF THE GEOLOGICAL AND MINERAL RESOURCES MANAGEMENT AGENCY SHALL ISSUE GUIDELINES ON THE FORMAT AND METHODS FOR SUBMITTING DOCUMENTS TO THE GEOLOGICAL ARCHIVE.

CHAPTER III

SUPPLY AND USE OF DOCUMENTS

Article 11.Credit organizations on Individuals and organizations wishing to refer to and use geological and mineral materials shall be provided with conditions to refer to and access such materials at the Geological Archive in accordance with current State regulations.

Article 12.Principles for providing materials:

1. Serve the correct target audience and purpose;

2. Facilitate users;

3. Quickly and accurately;

4. Protect materials in accordance with legal provisions.

Article 13Forms of material provision.

1. Reference includes reading and manual note-taking at the Geological Archive;

2. Copying materials through photocopying, photographing, filming, and computer data replication.

Article 14.Organization Individuals and organizations wishing to refer to and obtain materials must submit a letter or application to the Vietnam Geological and Mineral Resources Department specifying the purpose, list of materials, and requested form of reference or provision, accompanied by relevant legal documents from competent State management agencies permitting such individuals or organizations to conduct geological research and basic geological surveys on mineral resources and mining activities.

Units assigned tasks by competent State agencies to develop plans, programs, or strategies and which require access to materials must submit a letter from a Ministry, agency equivalent to a Ministry, government agency, or provincial People's Committee under the Central Government to the Ministry of Industry (Vietnam Geological and Mineral Resources Department) requesting the provision of materials consistent with the content, purpose, and tasks of the project approved by competent State agencies. The Vietnam Geological and Mineral Resources Department is responsible for reviewing applications for reference and provision of materials and granting specific permission regarding the form and content of reference and provision based on relevant legal documents.

In examining and approving reference and provision of materials, the Vietnam Geological and Mineral Resources Department must comply strictly with legal provisions concerning minerals, material confidentiality, other related legal provisions, and this Regulation.

The method and procedures for paying for the use of data and information on State mineral exploration results are implemented in accordance with Circular No. 46/2002/TTLT-BTC-BCN dated May 21, 2002, jointly issued by the Ministry of Finance and the Ministry of Industry. The Geological Archive is responsible for maintaining state secrets regarding materials. Permission to refer to and provide materials must be carried out in accordance with this Regulation and other relevant legal provisions;

Article 15Individuals and organizations permitted to refer to and provide materials must properly manage and use materials for their intended purposes in accordance with legal provisions. The Director of the Vietnam Geological and Mineral Resources Department is responsible for regularly inspecting the submission, preservation, reference, and provision of materials reported at the Geological Archive and deciding on the restoration of damaged materials during storage.

Article 16.

Individuals and organizations violating this Regulation will be subject to administrative penalties or criminal responsibility, depending on the severity, as stipulated by law./.

2.Organizations and individuals wishing to publish and disseminate works abroad shall comply with the provisions of Government Decree No. 72/2000/NĐ-CP dated December 5, 2000 on publishing and disseminating works abroad. PERSONS PERMITTED TO REFER TO AND PROVIDE DOCUMENTS MUST MAINTAIN AND USE SUCH DOCUMENTS IN ACCORDANCE WITH THEIR INTENDED PURPOSES AS PROVIDED BY LAW.

PART IV

IMPLEMENTING PROVISIONS

Article 17THE DIRECTOR OF THE GEOLOGICAL AND MINERAL RESOURCES MANAGEMENT AGENCY SHALL BE RESPONSIBLE FOR REGULARLY CHECKING THE SUBMISSION, STORAGE, REFERENCE, AND PROVISION OF DOCUMENTS AT THE GEOLOGICAL ARCHIVE, AND DECIDING ON THE RESTORATION OF DAMAGED DOCUMENTS DURING STORAGE.

Article 18.Organization VIOLATIONS OF THIS REGULATION BY PERSONS OR INDIVIDUALS SHALL BE HANDLED ACCORDING TO THE GRAVITY OF THE CASE, INCLUDING ADMINISTRATIVE SANCTIONS OR CRIMINAL LIABILITY PURSUANT TO THE PROVISIONS OF THE LAW./.