Tiếng Việt| THE MINISTRY OF INDUSTRY | SOCIALIST REPUBLIC OF VIET NAM |
| No: 325/QD-DCKS | Hanoi, February 26, 1997 |
TO ISSUE THE REGULATION ON THE ADMINISTRATIVE PROCEDURES CONCERNING MINERAL ACTIVITY PERMITS
THE MINISTER OF INDUSTRY
Pursuant to the Law on Minerals of March 20, 1996 and Decree No.68-CP of November 1st, 1996 of the Government detailing the implementation of the Law on Minerals;
Pursuant to Decree No.74-CP of November 1st, 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 Department of Geology and Minerals,
DECIDES
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THE MINISTER OF INDUSTRY
Dang Vu Chu
ON THE ADMINISTRATIVE PROCEDURES CONCERNING MINERAL ACTIVITY PERMITS
(issued together with Decision No.325-QD/DCKS of February 26, 1997 of the Minister of Industry)
Article 2.- The mineral activity permits mentioned in this Regulation include:
- Mineral prospection permits;
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- Mineral exploitation permits;
- Mineral processing permits;
- Permits for full exploitation of minerals.
1. The Ministry of Industry shall grant the following permits:
- Mineral prospection permit;
- Mineral exploration permit;
- Permit for the exploitation and permits for the processing of minerals of various kinds, except those under the granting competence of the Peoples Committees of the provinces and the cities directly under the Central Government (provincial Peoples Committee for short) as stipulated in Clause 2 of this Article;
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2. The provincial Peoples Committee shall grant the following permits for mineral activities to be conducted in the areas under its administrative management:
- Permit for full exploitation of minerals of various kinds in areas marked off by the Ministry of Industry in accordance with Article 66 of Decree No. 68-CP;
- Permit for the exploitation and permit for the processing of minerals to be used as common construction materials and peat granted to Vietnamese organizations and individuals, except those under the granting competence of the Ministry of Industry as stipulated in Clause 1 of this Article.
3. The agency that has the competence to grant permits for a given mineral activity shall be entitled to extend, withdraw and allow the return of permits of this kind and also be entitled to allow the assignment of the mineral activity right under such permits.
The agency under the provincial Peoples Committee to receive applications and dossiers applying for mineral activity permits is the provincial Industrial Service.
These agencies shall have to provide guidance and create conditions for the organizations and individuals who seek information related to the selection of sites, their areas and administrative procedures concerning mineral activity permits.
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1. An application for a mineral prospection permit;
2. The mineral prospection plan clearly describing the location, boundary and area; the geological base and objects of the prospection (kinds of minerals), prospection method and work volume; duration, timetable and estimated cost, financial sources;
3. A map of the mineral prospection area set against the topographic map with a scale of not smaller than 1:000,000; a system of UTM square angle coordinates, four sets. The boundary line of the mineral exploration area divided into 1 km x 1 km squares.
4. The documents on the legal status of the applicant as stipulated by law.
Within thirty (30) days after receiving the valid application and dossier, the Ministry of Industry shall issue a written decision permitting the return of the permit or a written reply to the applicant.
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1. An application for a mineral exploration permit;
2. A mineral exploration plan clearly stating the location, boundary line and area; the geological base and the exploration purpose (potential reserves of the mineral); main technology and work volume; the impact on the ecological environment and natural resources; other constructions and assets; operating duration and time table; estimated exploration cost and financial sources...
3. A map of the mineral exploration area set against the background of a topographic map, the system of UTM square angle coordinates, four (4) sets. The boundary line of the mineral prospection area drawn up in the form of a closed polygon. The exploration area of one or more square kilometers (1 km2) shall be represented by squares of one kilometer on a 1 : 50,000 map; the exploration area of one or less square kilometer (1 km2) shall be represented on a map with a scale not smaller than 1 : 5,000.
4. The documents on the legal status, assets and financial capability of the applicant as stipulated by law;
5. A copy of the investment license (if any) certified by a State notary public.
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In cases of divergent views in written replies of the concerned agencies, the Vietnam Department of Geology and Minerals may organize a meeting to reach an agreement thereon or submit these views to the Minister of Industry for consideration and decision.
1. An application for extension of the mineral exploration permit;
2. A report on the result and cost of the conducted exploration; the plan, work volume and estimated cost of the continued exploration;
3. A map of the area to be explored, from which at least thirty per cent (30%) of the area under the earlier permit has been excluded.
Within thirty (30) days after receiving the valid application and dossier, the Vietnam Department of Geology and Minerals shall consider and submit them to the Minister of Industry for decision to extend the permit or a written reply to the applicant if the extension is refused.
If the mineral exploration permit has expired but the application and dossier applying for its extension are still under consideration, the permit shall continue to be effective until there is a decision to extend it or a written reply to the applicant refusing the extension.
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1. An application for returning the mineral prospection permit;
2. A report on the mineral exploration result and a report on the cost of the conducted exploration by the time the organization or individual applies for the return of the permit;
3. A list of the fulfilled financial obligations.
Within thirty (30) days after receiving the valid application and dossier, the Vietnam Department of Geology and Minerals shall consider and submit them to the Minister of Industry for decision.
1. An application for returning part of the mineral exploration area;
2. A report on the result of the conducted exploration of minerals in the area to be returned;
3. A map of the exploration area where exploration activities will continue;
4. The work volume and estimated expenditure;
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Within thirty (30) days after receiving the valid application and dossier, the Vietnam Department of Geology and Minerals shall consider and submit them to the Minister of Industry for decision or a written reply to the applicant.
1. An application for the assignment of the mineral exploration right;
2. The contract on the assignment of the mineral exploration right;
3. The list of the values of the assets to be assigned attached to the assignment contract;
4. A report on the exploration results, the expenses already paid and the obligations already fulfilled by the time the organization or individual applies for the assignment of the exploration right;
5. The documents certifying the legal status, assets and financial capability of the organization or individual applying for assignment;
6. A copy of the investment license certified by a State notary public (for assignees that are foreign organizations and individuals or joint ventures with foreign parties).
Within thirty (30) days after receiving the valid application and dossier and the still effective exploration permit, the Vietnam Department of Geology and Minerals shall consider and submit them to the Minister of Industry for decision or a written reply to the applicant if the assignment of the exploration permit is refused.
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1. An application for the inheritance of the mineral exploration right;
2. A legal document proving that the applicant is the lawful heir of the individual permitted to conduct mineral exploration;
3. A report on the exploration result, the expenses actually paid and the program for continued exploration.
Within thirty (30) days after receiving the valid application and dossier and the still effective exploration permit, the Vietnam Department of Geology and Minerals shall consider and submit them to the Minister of Industry for decision.
The inheritance of the mineral exploration right shall be approved by the granting of a new exploration permit to the inheriting organization or individual in compliance with the mineral exploration right defined in the earlier permit which shall be withdrawn thereupon.
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1. An application for a mineral exploitation permit;
2. The competent agencys written approval or document on the evaluation of the exploration report as stipulated in Article 43 of Decree No. 68-CP and a certification that the exploration report has been filed in the State geological archives;
3. A feasibility study report on the mineral exploitation together with an evaluation or approval document as stipulated in Article 44 of Decree No. 68-CP;
4. A map of the mineral exploitation area (projected) set against the background of a topographic map with a scale of not smaller than 1:5,000 and a system of UTM square angle coordinates, four (4) sets.
5. The documents on the legal status of the applicant (if the applicant is not the organization or individual already permitted to conduct exploration);
6. The documents certifying the assets and financial capability of the applicant (investor);
7. A copy of the investment license (if any) for exploiting minerals certified by a State notary public(for foreign organizations and individuals or joint ventures with foreign partners);
8. A report on the environmental impact already examined and approved in accordance with the legislation on environmental protection;
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1. An application for extension of the mineral exploitation permit;
2. A report on the result of the exploitation activities from the date the permit becomes effective to the time its extension is applied for; the remaining mineral reserve and the area applied for continued exploitation;
3. A list of fulfilled obligations: payment of taxes, damage compensation, environmental protection, recuperation of land in areas where the exploitation activities have terminated...
3. The map of the mine under exploitation by the time the extension is applied.
Within thirty (30) days after receiving the valid application and dossier, the application receiving agency must consider and submit them to the competent level for decision on the extension or a written reply to the applicant if the extension is refused.
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1. An application for returning the mineral exploitation permit;
2. A report on the mineral exploitation result from the date the permit becomes effective to the time the organization or individual applies for returning the permit;
3. A list of obligations fulfilled by the time the organization or individual applies for returning the permit: payment of taxes, damage compensation...
4. A plan on the closure of the mine for liquidation or for protection as stipulated by the Ministry of Industry.
5. A map of the mine under exploitation.
Within thirty (30) days after receiving the valid application and dossier, the application receiving agency shall consider and submit them to the competent level for decision.
1. An application for returning part of the mineral exploitation area;
2. A report on the exploitation result, the geological situation and the remaining mineral reserve in the area to be returned;
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4. The map of the mine under exploitation at the time the organization or individual applies for returning part of the exploitation area.
Within thirty (30) days after receiving the valid application and dossier, the application receiving agency must consider and submit them to the competent agency for decision.
1. An application for the assignment of the mineral exploitation right;
2. The contract on the assignment of the mineral exploitation right;
3. The list of the values of the assets to be assigned attached to the contract on the assignment of the mineral exploitation right;
4. A report on the exploitation result and obligations fulfilled by the time the organization or individual applies for the assignment of the exploitation right;
5. The map of mine under exploitation at the time the organization or individual applies for assigning the exploitation right;
6. The documents certifying the legal status, assets and financial capability of the organization or individual as assignee of the mineral exploitation right;
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Within thirty (30) days after receiving the valid application and dossier and the still effective exploitation permit, the application receiving agency shall consider and submit them to the competent agency for decision or a written reply to the applicant if the exploitation right can not be assigned.
1. An application for the inheritance of the mineral exploitation right;
2. A legal document proving that the applicant is the lawful heir of the individual permitted to exploit minerals;
3. A report on the mineral exploitation result by the time the organization or individual applies for inheritance;
4. A map of the mine under exploitation at the time the organization or individual applies for inheritance.
Within thirty (30) days after receiving the valid application and dossier and the still effective exploitation permit, the application receiving agency shall consider and submit them to the application receiving agency for decision.
The inheritance of the mineral exploitation right shall be approved by the granting of a new exploitation permit to the inheriting organization or individual in compliance with the mineral exploitation right defined in the earlier permit which shall be withdrawn thereupon.
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1. A full exploitation contract shall be signed between an organization, which is an enterprise permitted to conduct full exploitation and an individual (not an enterprise) for conducting full exploitation on the basis of ensuring the legal responsibility of the organization which is an enterprise for its full exploitation right and the reciprocal responsibilities of the parties to the contract.
2. A full exploitation card shall be granted by the organization, which is an enterprise permitted to conduct full exploitation to an individual (not an enterprise) for conducting full exploitation where it is impossible to determine separate areas for full exploitation by each individual. The full exploitation card shall be uniform, have a duration of not more than 12 months, may be extended several times but for no more than 12 months each time, and shall not exceed the effective duration of the full exploitation permit granted to the enterprise.
1. An application for a mineral processing permit;
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3. A copy of the investment license for processing minerals certified by a State notary public (for foreign organizations and individuals or joint ventures with foreign partners);
4. The documents certifying the legal status, assets and financial capability of the applicant
5. A report on the environmental impact already evaluated and approved in accordance with the legislation on environmental protection;
1. An application for extension of the mineral processing permit;
2. A report on the result of the processing activities from the date the permit becomes effective to the time the extension is applied for; the volume of minerals to be processed;
3. A list of fulfilled obligations: payment of taxes, damage compensation, environmental protection,
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1. An application for returning the mineral processing permit;
2. A report on the mineral processing result from the date the permit becomes effective to the time the organization or individual applies for the return of the permit;
3. A list of the obligations fulfilled by the time the organization or individual applies for the return of the permit: payment of taxes, damage compensation...
Within thirty (30) days after receiving the valid application and dossier, the application receiving agency shall consider and submit them to the competent level for decision.
1. An application for the assignment of the mineral processing right;
2. The contract on the assignment of the mineral processing right;
3. The list of the values of assets to be assigned;
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5. The documents certifying the legal status, assets and financial capability of the organization or individual as assignee of the mineral processing right;
6. A copy of the investment license for processing minerals certified by a State notary public (for assignees that are foreign organizations and individuals or joint ventures with foreign partners).
Within thirty (30) days after receiving the valid application and dossier, the application receiving agency must consider and submit them to the competent agency for decision or a written reply to the applicant if the mineral processing permit can not be assigned.
1. An application for the inheritance of the mineral processing right;
2. Legal documents proving that the applicant is the lawful heir of the individual permitted to process minerals;
3. A report on the mineral processing result and the plan on continued mineral processing activity;
Within thirty (30) days after receiving the valid application and dossier and the still effective processing permit, the application receiving agency shall consider and submit them to the application receiving agency for decision.
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STATE REGISTRATION AND ANNOUNCEMENT OF MINERAL ACTIVITIES
All mineral activities defined in the permits granted by the competent agencies in the whole country must be registered and fully synthesized at the Vietnam Department of Geology and Minerals.
1. One set of the mineral prospection permit or the mineral exploration permit and a map of the prospection area or the exploration area shall be sent to the concerned provincial Industrial Service
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3. One set of the permit for the exploitation of minerals to be used as common construction materials and the exploitation of peat, or one set of the full exploitation permit and one set of the mineral processing granted by the President of the Peoples Committee together with a map of the exploitation area and the information needed for the registration of the mineral exploitation or processing activity prepared by the provincial Industrial Service shall be sent to the Vietnam Department of Geology and Minerals.
4. Copies of the mineral activity permit shall be sent by the organization or individual permitted to conduct mineral activity to the other concerned agencies at the request of the latter when the former fill in the procedures for renting land or registering business and production activities...
1. If the exploitation activity is conducted in an area under the administrative management of a province, it shall be registered at the provincial Industrial Service;
2. If the exploitation activity is conducted in the boundary area of two or more provinces, it shall be registered at the Vietnam Department of Geology and Minerals and the concerned provincial Industrial Services.
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- 1 Decision No. 06/2003/QD-BTNMT of September 19, 2003, on promulgating the regulation on sequence and procedures for issuing mineral activity licences.
- 2 Decree No. 68-CP of Novermber 01, 1996, of the Government providing details for the implementation of the minerals law
- 3 Law No. 47-L/CTN/KS of March 20,1996, on minerals