Resolution No. 66.4/2025/NQ-CP on issuing special mechanisms and policies to address difficulties in implementing the Law on Geology and Minerals 2024.

Article 1. Scope of Regulation and Applicability

Article 1. This Resolution stipulates special mechanisms and policies to address difficulties and obstacles in implementing the Law on Geology and Mineral Resources 2024 and related guiding documents.

Article 2. This Resolution applies to state agencies, organizations, and individuals involved in implementing the provisions of Clause 1 of Article 1 herein.

Article 2. Issuing special mechanisms and policies to address difficulties in implementing theLaw on Geology and Mineral Resources:

1. Permitting the exploitation of Group IV minerals for the supply of materials for the following projects, works, and tasks to apply the provisions of Clause 2, Article 72 and Point d, Clause 2, Article 73 of the Law on Geology and Mineral Resources:

a) Public investment projects as provided for in the Law on Public Investment;

b) Investment projects implemented under the public-private partnership (PPP) model as prescribed by laws on PPP investment;

c) Key national projects;

d) Economic and social development projects within the authority of local governments to approve or decide on investment proposals according to laws on investment and public investment, which may be decided by the Chairman of the Provincial People's Committee based on the special mechanisms and policies of this Resolution;

đ) Emergency construction projects and urgent tasks as prescribed by laws on construction; disaster prevention and control projects as prescribed by laws on disaster prevention and control.

2. Permitting the exploration and exploitation of Group III minerals for construction materials and the exploitation of Group IV minerals to serve the construction of projects, works, and tasks specified in Clause 1 of this Article to be carried out as follows:

a) No need to go through procedures for deciding or approving investment proposals, or approving investment projects;

b) Not required to base on land use plans or annual land use plans, nor to go through procedures for changing land use purposes, except for land used for defense and security purposes;

c) No need to go through procedures for assessing and approving environmental impact assessment reports, issuing environmental permits, or registering environmental activities;

d) Not required to base on geological and mineral management plans as prescribed in Clause 2, Article 12 of the Law on Geology and Mineral Resources;

đ) The Chairman of the Provincial People's Committee shall issue exploration permits and mining permits for Group III and Group IV minerals to contractors or investors of construction projects, works, and tasks specified in Clause 1 of this Article or organizations and individuals meeting the conditions prescribed by laws on geology and mineral resources, solely for the purpose of serving these projects, works, and tasks;

e) Organizations and individuals exploiting minerals must comply with regulations on mineral resource statistics, financial obligations, ensuring technical safety requirements during mining operations, and protecting the environment during the mining process as prescribed by laws.

3. Permitting the extension (if there is still remaining reserves according to the permit) and adjustment of mining permits to increase the capacity of mining Group III minerals for construction materials and Group IV minerals for mines that already have valid mining permits to serve the projects, works, and tasks specified in Clause 1 of this Article and shall be carried out as follows:

a) Adjustments to permits to increase mining capacity (without increasing the permitted reserves) according to the needs of projects but not exceeding 50% for riverbed sand and sea beach gravel, and without limitation for other Group III minerals and Group IV minerals;

b) No need to go through procedures for state authorities to decide or approve adjustments to investment proposals, or approve investment projects; adjust and assess environmental impact assessment reports, issue environmental permits, or register environmental activities;

c) Organizations and individuals exploiting minerals must comply with regulations on mineral resource statistics, financial obligations, ensuring technical safety requirements during mining operations, and protecting the environment during the mining process as prescribed by laws. Cease increasing mining capacity once sufficient construction materials have been supplied for the projects, works, and tasks specified in Clause 1 of this Article.

4. Permitting the exemption from procedures for issuing exploration permits; recognizing exploration results; issuing mining permits, and confirming registration of mineral recovery when exploiting and recovering Group III and Group IV minerals to respond to emergencies such as natural disasters, epidemics, security, and defense situations.

Entities, organizations, and individuals exploiting and recovering minerals to fulfill emergency response tasks related to natural disasters, epidemics, security, and defense shall be responsible for reporting to the People's Committee of the province regarding the volume, type of minerals, location, and coordinates of exploitation and recovery after completing the task to serve the management of mineral data.

5. Permit the following cases to be designated as areas not subject to auction for mining rights:

a) Areas containing Group III minerals used for construction materials and Group IV minerals supplied to projects, programs, and tasks specified in Clause 1 of this Article;

b) Areas containing limestone, clay used as raw materials for cement production and additives used to adjust cement, which have been determined in the planning for exploration, exploitation, processing, and utilization of construction materials (Group II mineral planning), approved by competent authorities.

6. For ordinary construction material mineral exploration and exploitation licenses issued before July 1, 2025, within the licensing authority of the People's Committee of the province, if they do not meet the criteria for non-auctioned mining rights, they may continue to be allowed to conduct exploration, recognize exploration result reports, and exploit minerals if they fully comply with the following conditions:

a) The exploited minerals are provided to projects, programs, and tasks specified in Clause 1 of this Article;

b) They comply with provincial planning;

c) Organizations and individuals who violate regulations must still be considered and dealt with according to the law.

7. Ordinary construction material mineral deposits exploited under the special mechanism stipulated in Article 4 of Resolution No. 106/2023/QH15 dated November 28, 2023 shall be implemented as follows:

a) The Chairman of the People's Committee of the province is permitted to adjust the confirmed area, capacity, volume, method, equipment, and exploitation plan to provide minerals for other projects listed in Appendix IV attached to Resolution No. 106/2023/QH15; regulate surplus minerals for important national projects, key transportation sector projects, and urgent projects concerning national defense and security;

b) Contractors exploiting minerals are permitted to supply minerals to other contractors working on such projects or other projects listed in Appendix IV attached to Resolution No. 106/2023/QH15 and important national projects, key transportation sector projects; urgent projects concerning national defense and security.

8. Supplement Clause 10 and Clause 11 after Clause 9 of Article 153 of Decree No. 193/2025/NĐ-CP dated July 2, 2025 of the Government detailing certain provisions and implementing measures of the Law on Geology and Minerals as follows:

"10. For mining licenses issued before the effective date of this Decree that contain processing content, purposes of use, and consumption of minerals that are inconsistent with actual conditions, the competent state management agency has the authority to adjust the mining license for the processing content, purpose of use, and consumption of minerals based on the proposal of the organization or individual holding the mining license and in accordance with the provisions of Clause 99 of this Decree.

Article 3. Issue a list of legal normative documents requiring amendment and supplementation according to the Appendix attached to this Resolution.

The Minister of Agriculture and Rural Development, Ministers of relevant Ministries, Heads of agencies at the ministerial level, and Chairmen of Provincial People's Committees have the responsibility to review and propose to the competent authority to amend and supplement relevant Laws and Resolutions to align with the provisions of this Resolution.

Article 4. Implementation and Effectiveness

1. This Resolution shall take effect from the date of issuance and shall be implemented until February 28, 2027.

2. In cases where laws, resolutions of the National Assembly, ordinances, or resolutions of the Standing Committee of the National Assembly are amended, supplemented, or newly issued and become effective, the corresponding provisions in this Resolution shall cease to be effective, except as provided for in Clause 3 of this Article.

3. In cases where projects, works, or tasks are being carried out according to the provisions of this Resolution before the laws, resolutions of the National Assembly, ordinances, or resolutions of the Standing Committee of the National Assembly mentioned in Clause 2 of this Article become effective, they may continue to be implemented, unless otherwise specified in those laws, ordinances, or resolutions.

4. Implementation:

a) The Ministers, Heads of ministerial-level agencies, central agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Resolution.

b) The Ministry of Agriculture and Rural Development shall act as the lead agency assisting the Government and the Prime Minister in receiving, compiling, and handling related issues; taking the lead and coordinating with relevant ministries and sectors to timely monitor, guide, and resolve difficulties and obstacles during the implementation of this Resolution.

c) Provincial People's Councils and People's Committees of centrally governed cities shall be responsible for organizing the implementation of this Resolution within their respective localities and within their respective functions and powers, and supervising the implementation of this Resolution.

d) Ministries, ministerial-level agencies, other central agencies, and local authorities shall enhance their responsibilities, particularly the responsibility of leaders in directing the organization and implementation of the contents and policies stipulated in this Resolution, ensuring transparency, effectiveness, feasibility, and progress; preventing policy exploitation, loss, and waste.