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MINISTRY OF AND ENVIRONMENT No.06/2003/QD-BTNMT |
SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness Hanoi, 19 September 2003 |
DECISION OF THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT
Promulgating the Regulation on Sequence and Procedures for Issuing
Mineral Activity Licences
THE
MINISTER OF NATURAL RESOURCES AND ENVIRONMENT
Pursuant to the Mineral Law dated 20 March 1996;
Pursuant to Decree No.76/2000/ND-CP of the Government dated 15 December 2000 stipulating in detail the implementation of the Mineral Law (amended);
Pursuant to Decree No.91/2002/ND-CP of the Government dated 11 November 2002 on functions, duties, powers and organisational structure of the Ministry of Natural Resources and Environment;
Upon the proposal of the Director General of the Department of Geology and Minerals of Vietnam and the Director of the Department of Legislation,
DECIDES
Article 1.
To promulgate herewith the Regulation on Sequence and Procedures for Issuing Mineral Activity Licences and the forms of dossiers and licences for mineral activities.
Article 2.
This Decision comes into effect after 15 days since the date of its publication on the Official Gazettes.
This Decision replaces Decision No 17/2001/QD-BCN dated 23 March 2001 of the Minister of Industry promulgating the Regulation on Administrative Procedures for Issuing Mineral Activity Licences (amended).
Article 3.
Ministers, Heads of Ministerial-level bodies and of Governmental bodies, Chairpersons of People's Committees of provinces and cities under central authority, and related organisations or individuals shall be responsible for the implementation of this Decision.
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MINISTER OF NATURAL RESOURCES AND ENVIRONMENT (signed and sealed) Mai Ai Truc |
Recipients:
· - As in Article 3,
· - Government Office,
· - National Assembly Office,
· - State Presidents Office,
· - Central Economic Committee,
· - Supreme People's Court,
· - Supreme People’s Prosecution Office,
· - Departments of Natural Resources and Environment,
· - Departments under the Ministry,
· - Official Gazette,
· - Filing: Ministry Office, DGMV, Department of Legislation
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MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT |
SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness |
REGULATION ON SEQUENCE AND PROCEDURES FOR
ISSUING MINERAL ACTIVITY LICENCES
(Issued in conjunction with Decision No.06 /2003/QD-BTNMT
dated 19 September 2003 of the Minister of Natural Resources and Environment)
Chapter
I
GENERAL PROVISIONS
Article 1. Scope of application
This Regulation stipulates the sequence and procedures for the grant, extension, authorization for the surrender of mineral prospecting permits, mineral exploration licences, mining licences and mineral processing licences; authorization for the transfer of the rights to mineral activities or for the continued exercise of the rights to mineral activities in case of lawful inheritance (hereinafter generally referred to as mineral activity licences) and the registration of mineral activities.
Article 2. Objects of application
This Regulation shall be applied to State mineral management agencies and other related agencies; Vietnamese economic organisations being established and operating in accordance with the Law on State-owned Enterprises, the Law on Enterprises, the Law on Co-operatives and foreign organisations or joint-venture organisations with a foreign party/parties operating in Vietnam in accordance with the legislation on foreign investment in Vietnam in applying for mineral activity licences.
Article 3. Authority to issue mineral activity
licences
1. The Ministry of Natural Resources and Environment shall issue the following licences:
a) Mineral prospecting permits;
b) Mineral exploration licences;
c) Mining licences and mineral processing licences of all kinds, except for mining licences and mineral processing licences to be issued by the People's Committees of provinces and cities under central authority in accordance with Clause 2 of this Article;
d) Licences for mining and processing of minerals used as common construction materials granted to foreign organisations, or joint-venture organizations with a foreign party/parties.
2. The People's Committees of provinces and cities under central authority shall issue the following licences:
a) Artisanal Mining Licences for artisanal mining areas approved by the Ministry of Natural Resources and Environment;
b) Licences for mining and processing of minerals used as common construction materials and peat for domestic organisations (including for areas adjoining provinces and cities under central authority) after the Ministry of Natural Resources and Environment has granted exploration licences and approved the reports on exploration results.
Chapter
II
MINERAL
PROSPECTING PERMITS
Article 4. Dossiers of application for mineral
prospecting permits
A dossier shall comprise:
1. An application for the issuance of mineral prospecting permit (Form No.01), attached with four (4) copies of the map of the prospecting area. The boundary of the proposed mineral prospecting area shall be delineated by square grid, with each cell having the dimension of 1 x 1 km on the topographic base map with scale not less than 1:100,000 according to the VN.2000 rectangular co-ordinate system (Form No.02)
2. A project proposal for mineral prospecting, which states clearly the geological setting and the kinds of minerals to be the objects for prospecting, methods and quantity of prospecting work; the time limit, schedule and cost estimates of the prospecting, and financial sources;
3. Copies of documents proving the legal status of the applicant, certified by the State public notary.
Article 5. Dossiers of application for extension of
mineral prospecting permits
A dossier of application for extension must be submitted to the receiving agency thirty (30) days before the expiry date of the permit, comprising:
1. An application for extension (Form No.3);
2. A report on the results of mineral prospecting and the quantity of work implemented and expenditure made up to the time of application for the extension;
In the case the mineral prospecting permit has expired but the dossiers of application for extension is being examined, such permit shall remain effective until the extension decision is made or a reply is made in writing to the applicant notifying that the licence is not extended.
Article 6. Dossiers of application for surrendering
mineral prospecting permits
A dossier shall include:
1. An application for surrendering mineral prospecting permits (Form No.4)
2. A report on the results of mineral prospecting and the quantity of prospecting work implemented and their expenditure made up to the moment of surrendering the permit.
Chapter
III
MINERAL
EXPLORATION LICENCES
Article 7. Dossiers of application for a mineral
exploration licences
A dossier shall include:
1. An application for a mineral exploration licence (Form No.05);
2. A project proposal for mineral exploration prepared in accordance with the regulation, attached with four (4) copies of the map of the mineral exploration area compiled on the topographic base map with VN.2000 rectangular co-ordinate system in conformity with the following principles:
a) The boundary of a mineral exploration area covering one square kilometre (1 km2) or more shall be delineated along rectangular grid lines on a map with scale 1: 50,000 (Form No.6)
b) The boundary of a mineral exploration area covering less than one square kilometre (1 km2) shall be delineated on a map with scale not less than 1: 5,000 (Form No.6a).
3. Copies of documents proving the legal status of the applicant, certified by State public notary for applicants being domestic organisations, or copies of investment license (if any) certified by State public notary for applicants being foreign organisations or joint-venture organisations with a foreign party/parties.
Article 8. Dossiers of application for extension of
a mineral exploration licences
A dossier of application for extension shall be submitted to the receiving agency thirty (30) days before the expiry of the licence, comprising:
1. An application for the extension of the mineral exploration licence (Form No.7);
2. A report on the exploration results, work volume and expenditure of the conducted exploration; the plan, work volume and estimated costs of the continued exploration;
3. A map of the exploration area in which at least thirty percent (30%) of the area under the previous licence must be relinquished.
In case the exploration licence has expired but the dossier of application for extension is still under consideration, the licence shall remain effective until the licence is extended or a reply is made in writing to the applicant notifying that the licence is not extended.
Article 9. Dossiers of application for surrender of
mineral exploration licences or for surrender of part of mineral exploration
areas
A dossier shall include:
1. An application for surrender of mineral exploration licence (Form No.08) or surrender of part of the mineral exploration area (Form No.09);
2. A report on the mineral exploration results, the quantity of exploration works and costs of the conducted exploration up to the time of the surrender of the licence or surrender of part of the area stated in the licence;
3. A map of the area for continued exploration, the quantity of work, the cost estimates and the plan for continued exploration (in case of surrendering part of the exploration area).
Article 10. Dossiers of application for transfer of
mineral exploration rights
A dossier shall include:
1. An application for the transfer of mineral exploration rights (Form No.10) attached with the contract on transfer of mineral exploration rights and a statement of the value of assets to be transferred;
2. A report on the mineral exploration results, the quantity of work and expenses made and the related obligations fulfilled up to the time of application for the transfer of exploration rights;
3. A Copy of the document proving the legal status of the applicant certified by the State public notary, in case organizations applying for the transfer of mineral exploration rights are domestic organisations; or a copy of the investment licence (if any) certified by the State public notary, in case the applicant for the transfer of mineral exploration rights are foreign organisations or joint venture organisations with a foreign party.
The transfer of the exploration rights shall be approved by issuing a new exploration licence to replace the previously issued exploration licence.
Article 11. Dossiers of application for continued
exercise of mineral exploration rights
A dossier shall include:
1. An application for continued exercise of mineral exploration rights (Form No.11); a report on the mineral exploration results, the quantity of work implemented and their expenses and plan for continued exploration;
2. A copy of the legal document certified by the State public notary proving that the applicant is the lawful heir of the mineral exploration rights.
3. A copy of the legal document proving the legal status of the lawful heir organization, certified by the State public notary.
The permission to continue exercising mineral exploration rights shall be approved by issuing a new exploration licence to the lawful heir to replace the previously issued exploration licence.
Chapter
IV
MINING
LICENCE
Article 12. Dossiers of application for mining
licences
A dossier shall include:
1. An application for mining licence (Forms No.12 or No.12a), attached with four (4) copies of the map of the mining area compiled on the topographic base map with scale not less than 1: 2,500, with the VN2000 rectangular co-ordinate system (Form No.13 or 13a).
2. Decision of approval of the reports on exploration results and mineral reserve issued by the competent authorities in accordance with the regulation;
3. A Feasibility Study Report on mineral exploitation accompanied by the approval in writing according to the regulation;
4. A report on environmental impacts or written registration of satisfying the environmental standards which has been ratified or certified by the competent State authorities in accordance with the provisions of the legislation on environmental protection.
5. A copy of documents proving the legal status of the applicant, certified by the State public notary, in case the organization applying for mining licence is a domestic organisation other than the organization granted with the exploration licence; or a copy of the investment licence (if any) certified by the State public notary in case the organization applying for mining licence is a foreign organisation or joint venture organisation with a foreign party/parties.
Article 13. Dossiers of application for extension of
mining licences
The dossier of application for extension shall be submitted to the receiving agency ninety (90) days before the expiry of the licence, comprising:
1. An application for the extension of the mining licence (Form No.14)
2. A map of mining status as of the time of application for extension, attached with a report on the results of mining activities up to the time of application for extension; the remaining mineral reserve and the area for continued mining operation.
In case the mining licence has expired but the dossier of application for extension is still under consideration, the licence shall remain effective until the licence is extended or a reply is made in writing to the applicant notifying that the licence is not extended.
Article 14. Dossiers of application for the
surrender of mining licences or for surrender part of the mining areas
A dossier shall include:
1. An application for the surrender of mining licence (Form No.15) or surrender of part of the mining area (Form No.16);
2. A map of the current mining status, attached with a report on the results of mining activities up to the time of surrender of the licence or surrender of part of mining area
3. A mine closure project proposal appraised and approved in accordance with the provisions of the law, for the case of surrendering mining licences.
Article 15. Dossiers of application for transfer of
mining rights
A dossier shall include:
1. An application for the transfer of mining rights (Form No.17) and contract on transfer of mining rights, attached with a statement of the value of assets to be transferred;
2. A report on the mining results and obligations fulfilled up to the time of application for the transfer of the mining rights, attached with a mining status map as of the time off application for transfer;
3. A copy of the document proving the legal status of the applicant, certified by the State public notary, in case the applicants for transfer of mining rights are domestic organisations; or a copy of the investment licence (if any) certified by the State public notary, in case the applicants for the transfer of mining rights are foreign organisations or joint venture organisations with foreign party/parties.
The transfer of the mining rights shall be approved by issuing a new mining licence to the transferee, replacing the previously issued mining licence.
Article 16. Dossiers of application for continued
exercise of mining rights
A dossier shall include:
1. An application for continuing the exercise of mining rights (Form No.18);
2. A copy of the legal document certified by the State public notary, proving that the applicant is the lawful heir of the mining rights;
3. A copy of the document proving the legal status of the lawful heir, certified by the State public notary;
4. A map of current mining status, attached with a report on the results of mining activities up to the time of application for continuing exercise of the mining rights.
The permission for continued exercise of mining rights shall be approved by issuing a new mining licence to the lawful heir organization, replacing the previously issued licence.
Chapter
V
MINERAL
PROCESSING LICENCES
Article 17. Dossiers of application for a mineral
processing licences
A dossier shall include:
1. An application for mineral processing licence (Form No.19);
2. A Feasibility Study Report regarding mineral processing, attached with the decision of approval according to the regulations;
3. A copy of the document proving the legal status of the applicant, certified by the State Notary Public, in case the applicant for mineral processing is a domestic organisation, or the copy of the License for Investment in mineral processing, certified by the State Notary Public, in case the applicant is a foreign organisation or a joint venture organisation with a foreign party/parties);
A report on environment impact assessment or Registration of meeting the environmental standards approved or certified by the competent State authorities in accordance with the regulations of the Law on Environmental Protection.
Article 18. Dossiers of application for extension of
mineral processing licences
The dossier of application for extension must be submitted to the receiving agency ninety (90) days prior to the expiry date of the licence, and shall include:
1 ) An application for the extension of the mineral processing licence (Form No.20);
2) A report on the results of mineral processing operations until the time of application for extension, and the output of minerals to be processed;
In case the mineral processing licence has expired but the dossier of application for extension is still under consideration, the licence shall remain effective until the licence is extended or a reply is made in writing to the applicant notifying that the licence is not extended.
Article 19. Dossiers of application for surrender of
mineral processing licences
A dossier shall include:
1. An application for the surrender of mineral processing licence (Form No.21);
2. A report on the results of mineral processing from the date of the entry into force of the licence until the date of application for surrender of the licence.
Article 20. Dossiers of application for transfer of
mineral processing rights
A dossier shall include:
1. An application for the transfer of mineral processing rights (Form No.22).
2. A contract on transfer of mineral processing rights, attached with a list of values of assets to be transferred; a report on the results of mineral processing and obligations fulfilled as of the time of application for the transfer of mineral processing rights;
3. A copy of the document proving the legal status of the applicant, certified by the State public notary, in case the applicant for transfer of mineral processing rights is a domestic organisation; or a copy of the investment licence certified by the State public notary, in case the applicant for the transfer of mineral processing rights is a foreign organisation or joint venture organisation with a foreign party/parties.
The transfer of mineral processing rights shall be approved by issuing a mineral processing licence to the transferee, replacing the previously issued licence.
Article 21. Dossiers of application for continuing
exercise of mineral processing rights
A dossier shall include:
1. An application for continuing exercise of mineral processing rights (Form No 23);
2. A copy of the legal document, certified by the State public notary, proving that the applicant is the lawful heir of the mineral processing rights.
3. A copy of the document proving the legal status of the lawful heir organization, certified by the State public notary.
4. A report on mineral processing results and a plan for continuing mineral processing activities.
The permission for continuing exercise of mineral processing rights shall be approved by issuing a new mineral processing licence to the lawful heir organization, replacing the previously issued licence.
Chapter
VI
PROCEDURES
OF IMPLEMENTATION
Article 22. Agency who receives and appraises
dossiers of application for mineral activity licences
1. The Department of Geology and Minerals of Vietnam shall be the agency assisting the Ministry of Natural Resources and Environment to receive and appraise dossiers of application for mineral activity licences and submit the same to the Minister of Natural Resources and Environment for consideration and making decision on the issuance of mineral activity licences in accordance with the competence stipulated in Item 1, Article 3 of this Regulation.
2. Departments of Natural Resources and Environment shall be the agencies assisting the People's Committees of provinces or cities directly under the central authority to receive and appraise dossiers of application for mineral activity licences and submit the same to the Chair persons of People's Committees of provinces or cities directly under the central authority for consideration and making decision on the issuance of mineral activity licences in accordance with the competence stipulated in Item 2, Article 3 of this Regulation.
3. The Department of Geology and Minerals of Vietnam, Departments of Natural Resources and Environment shall be responsible to make guidance for organisations and individuals in the implementation of regulations on the sequence and procedures of issuing mineral activity licences.
4. In case there are different opinions in the written reply of relevant agencies, the receiving agencies shall be responsible to exchange opinions with an aim to reaching agreement and report to the Ministry of Natural Resources and Environment or the Chair persons of the People's Committees of provinces or cities directly under the central authority for review and making decision in accordance with their competence.
Article 23. Sequence of implementation
1. For dossiers of application for mineral activity licences, within 45 days from the date of receipt of a complete set of duly prepared dossier of a domestic organisation and 60 days from the date of receipt of a complete set of duly prepared dossiers of a foreign domestic organisation or a join venture organisation with a foreign party/parties (the above-mentioned time periods exclude the time period of consulting the opinions of relevant agencies), the receiving agency shall complete the appraisal of the dossier and submit to the competent State authority for consideration of the issuance of the license.
2. For dossiers of application for extension, surrender of licence, relinquishing part of the area of mineral activities, transfer of mineral activity rights, continuing the exercise of mineral activity rights in case of lawful inheritance of mineral activity rights, within 30 days from the date of receiving a complete set of duly prepared dossier, the receiving agency shall complete the appraisal of the dossier and submit to the competent State authority for consideration and making decision whether to issue or not to issue the licence.
3. Within 7 days from the date of receiving a complete set of duly prepared dossier submitted by the receiving agency, the competent State authority shall consider and decide whether to issue or not to issue the mineral activity licence and return the dossier to the receiving agency (the forms of mineral activity licences are prescribed at Forms from No.24 to No.43 a).
4. The receiving agency shall be responsible for delivering the licence to the applicants or reply in writing of the reason why the licence is not issued.
Chapter
VII
REGISTRATION
AND ANNOUNCEMENT OF MINERAL ACTIVITIES
Article 24. Registration and announcement of mineral
activities
The registration and announcement of mineral activities shall be carried out in accordance with the following principles:
1. Any mineral activity license issued by the Ministry of Natural Resources and Environment must be registered with the Department of Geology and Minerals of Vietnam and a copy of the licence must be sent to the provincial Department of Natural Resources and Environment, attached with a map of the mineral activity area for the purpose of notification of the mineral activities and management co-ordination.
2. Any mineral activity licence issued by the People's Committee of a province or city under the Central authority must be registered with the Department of Natural Resources and Environment and a copy of the licence must be sent to the Department of Geology and Minerals of Vietnam, attached with a map of the mineral activity area for the purpose of monitoring and management co-ordination.
3. In case of exploitation of minerals to be used as common building materials without having to apply for mining licences in accordance with the provision of Article 62 of Decree No.76/2000/ND-CP dated 15 December 2000 of the Government stipulating in detail the implementation of the Mineral Law (revised), before the commencement of exploitation, the organisation or individual must register the mine capacity, output volume, mining method and equipment together with the mining schedule and plan with the Department of Natural Resources and Environment
Article 25. Management and monitoring the state of
issuing mineral activity licences
The Department of Geology and Minerals of Vietnam shall be responsibile to assist the Ministry of Natural Resources and Environment in management, data compilation and preparation of six (6) month and annual reports on the state of issuing mineral activity licences throughout the country.
The Departments of Natural Resources and Environment shall be responsible to assist the People's Committee of provinces and cities under central authority in management and data compilation and prepare quarterly and annual reports on the state of issuing mineral activity licences within the administrative management areas of the respective localities and send quarterly reports to the Department of Geology and Minerals of Vietnam.
Chapter
VIII
IMPLEMENTATION
PROVISIONS
Article 26: Organisation of the implementation
The Director General of the Department of Geology and Minerals of Vietnam, Directors of Departments of Natural Resources and Environment shall be responsible to guide, supervise and inspect the implementation of this Regulation. If any problems arise during the implementation, they must be reported promptly to the Ministry of Natural Resources and Environment for consideration and decision.
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MINISTER OF NATURAL RESOURCES (signed and sealed) Mai Ai Truc |