Circular 50/2014/ttlt-Btc-Btnmt: Detailing A Number Of Articles Of Decree No. 22/2012/nd-Cp Dated 26 March 2012 Of The Government Regulations On Mining Rights Auctions

Original Language Title: Thông tư liên tịch 54/2014/TTLT-BTNMT-BTC: Quy định chi tiết một số điều của Nghị định số 22/2012/NĐ-CP ngày 26 tháng 3 năm 2012 của Chính phủ quy định về đấu giá quyền khai thác khoáng sản

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CIRCULAR detailing a number of articles of Decree No. 22/2012/ND-CP dated 26 March 2012 of the Government regulations on mining rights auction _ _ _ _ _ _ _ _ _ _ _ _ _ a base mineral Law No. 60/2010/QH12 on November 17th, 2010;
Pursuant to Decree No. 22/2012/ND-CP dated 26 March 2012 of the Government regulations on mining rights auctions;
Pursuant to Decree No. 203/2013/ND-CP on November 28, 2013 of government regulations on methods, cash levels granted mining rights;
Pursuant to Decree No. 57/2002/ND-CP dated 9 June 2012 from the Government detailing the implementation of the Ordinance, the fees and were amended and supplemented in Decree No. 24/2006/ND-CP of March 2012;
Pursuant to Decree No. 21/2013/ND-CP of March 2013 of government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;
Pursuant to Decree No. 215/2013/ND-CP on December 23, 2013 of government functions, tasks, powers and organizational structure of the Ministry of finance;
The Minister of natural resources and the environment and the Minister of Finance issued a circular detailing a number of articles of Decree No. 22/2012/ND-CP dated 26 March 2012 of the Government regulations on mining rights auctions.
Chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular detailing the enforcement of paragraph 3 to article 4; Paragraph 3 article 16; Item 2 article 24; Paragraph 3 article 25 of Decree 22/2012/ND-CP dated 26 March 2012 of the Government regulations on mining rights auctions (hereinafter referred to as the Decree 22/2012/ND-CP).
2. application this circular object includes: a) State administration on mineral resources are assigned to tasks related to mining rights auctions;
b) Board mining rights auctions was established according to the provisions in item 1 and item 2 article 12 of Decree 22/2012/ND-CP;
c) Organization, individuals involved in mining rights auctions are eligible under the provisions of the law;
d) agencies, organizations, individuals are related to mineral rights auction.
Article 2. Explanation of terms In this circular, the terms below are interpreted as follows: 1. Starting price for the area have had the result of exploration is the price given mining rights auctions, in Vietnam Dong.
2. the starting price for the area yet mineral exploration is the level of currency money granted mining, is calculated by the percentage (%).
3. step price is the difference of times pay the price later than the previous bidder adjacent times.
Chapter II DEFINES the STARTING PRICE, the PRICE, the CASH METHOD, the method of CURRENCY, money management HIT MINING RIGHTS AUCTIONS article 3. Determine the starting price auction mining rights 1. For the area has mineral exploration results, the starting price of the auction is determined by money mining permission under the provisions of article 5 of Decree 203/2013/ND-CP on November 28, 2013 of government regulations on methods, cash levels granted mining rights (hereinafter referred to as the Decree 203/2013/ND-CP).
2. for areas not yet exploration for minerals, the starting price of the auction is determined by the level of currency money granted mining rights (R) specified in annex I to Decree 203/2013 issued. 3. Bureau of geology and mineral resources, Department of Vietnam and the environment in the province, central cities (hereafter referred to as the Department of natural resources and the environment) defines the starting price of the auction, the Ministry of natural resources and the environment, the provincial people's Committee approval according to authorized operation of minerals.
Article 4. The price steps in the mining rights auctions 1. Identifying steps in mining rights auctions are made as follows: a) Step in the area has mineral exploration results defined by Vietnam Dong;
b) Steps in the area of mineral exploration has yet to be determined according to the level of currency money granted mining rights.
2. the authority to determine the rates step: a) the auction Board mining rights prescribed in article 12 of Decree 22/2012/ND-CP decided step bid for each auction;
b) case of auction via auction professional organization prescribed in clause 2 article 12 of Decree 22/2012/ND-CP, Department of natural resources and the environment, the provincial people's Committee decided to step at the price for each auction.
Article 5. Form of bid in mining rights auctions 1. In the first auction round, organizations, individuals involved in mining rights auctions are the lowest bidder by auction starting price plus the number of times the step rates (1, 2, ..., n times).
2. The case is held next auction round, starting price is the price to be charged before the round's highest adjacent. Organizations and individuals to join an auction to pay the lowest starting price must be equal to the round plus a number of times the step price.
3. The vote is not the correct value specified in clause 1 and clause 2 of this Thing is considered invalid.
Article 6. How to calculate the money the auction hit mining rights in the area of mineral exploration yet 1. Salary base money level mining rights in the area of mineral exploration has yet hit the auction is the competent State agency approval, money hit the auction is calculated as follows: T = Q x G x K x Rđg (copper) in which: T-Money hit mining rights auctions; Vietnam identity unit;
Q-geological reserves in the area mining rights auctions are competent State agencies; Unit is tons, m3;
G-cash Price level mining rights are stipulated in Decree No. 203/2013/ND-CP; Unit is the unit/Vietnam reserves;
K-coefficient of mineral recovery related to tapping method: exploit exposed K = 0.9; mining K = 0.6; exploitation of natural mineral water, and the remaining case K = 1.0;
Rđg-salary money granted mining hit auction; Unit is percent (%).
2. The level of currency money granted mining hit auctions were authorized State agency approvals apply stable throughout time licensed harness.
3. The General Department of geology and mineral resources, Department of Vietnam and the environment is responsible for determining and approving money hit mining rights auctions in the area yet mineral exploration under the licensing authority specified in item 1 and item 2 Article 82 mineral Law.
Article 7. The method of collecting the money hit mining rights auctions 1. Money hit mining rights auctions are collecting the whole once before mining license, except as prescribed in clause 2 of this Thing.
2. where the amount of the winning bid for mining rights greater than 50 billion then made many times but must comply with the following provisions: a) the Organization, individuals must first submit the auction hit a minimum of 50 billion before the mining license; the remaining amount was recorded many times (before 31 March of the year). Time collecting no more than 5 (five) years from the date granted mining licenses;
b) where exploitation time below 10 years, the time it is submitted multiple times no more than half the time be permitted;
c) case reviews tax resources at the time of submission of the higher tax rates of resources at the time of determining the amount of the auction, the winning submission is value redefined according to the principle specified in point b of Paragraph 2 article 11 of Decree 203/2013/ND-CP;
d) times filing deadlines, money money must be recorded in the dossier by the Council auction auctions decision mining rights and recorded specifically on mining licenses.
3. Money hit mining rights auctions make filed 70% for the central budget, 30% for the local budget, for a license by the Ministry of natural resources and the environment; 100% for the local budget, for the licence by the provincial people's Committee.
The case of the area of mining rights auctions located in two provinces, the two districts and over, the rate of submission of the budget of each locality determined according to the ratio of the area of licensed area mining.
4. Before mining license, the General Department of geology and mineral resources, Department of Vietnam and the environment has written notice for the tax Department, central cities (hereafter referred to as the local tax Bureau) where minerals are bidding on the number filed in money and time to collect the money to hit the Organization's auction individual mineral extraction.
5. At the latest after 10 (ten) days from the receipt of the text of the General Department of geology and mineral resources, Department of Vietnam and the environment; Local tax Bureau where the mineral was auctioned off to notify the Organization, individuals hit by mining rights auctions paid into the State budget according to the provisions of the law on tax administration.
6. where the currency several times, Of the Bureau of geology and mineral resources, Department of Vietnam and the environment must be reported in writing to pay the amount of the next 10 days to be paid money prescribed for local tax Bureau to notify the Organization, individuals hit the auction payment into the State budget.
Article 8. Method of payment hit mining rights auctions 1. Organizations and individuals hit by mining rights auctions paid into the State budget according to the notice of the tax authorities. Deposit timeout hit mining rights auctions as a rule, do not count on the time limit for settling the profile mining permit specified in art. 2 of 60 mineral Law Thing.
2. submission of Paper money auction hit mining rights on the State budget of the State Treasury or entities authorized currency was established as 3 (three), including: a) 1 (a) send to the organisation and individuals hit by auction;
b) 1 (a) send to the General Department of geology and mineral resources, Department of Vietnam and the environment according to issued permits to monitor;

c) 01 (a) contact the local tax Bureau send where the mineral area mining rights auctions for monitoring, handling in case of violation.
3. where the individual organization slowly paid compared to the time limit specified in the notice of the tax authorities, the local tax Bureau where minerals are identified and auction notice slow money filed under provisions of the law on tax administration; at the same time submit the General Department of geology and mineral resources and the Vietnam environment monitor according to the authority.
4. In the course of mineral extraction, organization, individual rights auction hit mining extraction license revoked due to violation of the law shall not be reimbursed the amount hit mining rights auctions have filed.
Article 9. The application form, the text in the mining rights auctions form, text in mining rights auctions are conducted according to the rules in Appendix to this circular, including: 1. the recommended form to join mining rights auctions: model number 01.
2. Profile Template introduced the capability, experience in exploration, extraction and processing of minerals: model number 2.
3. Form a project commitments if hit mining rights auctions: model number 03.
4. payment forwarding record Form (or the guarantee reserve auction): model No. 4.
5. Sample minutes of paying in advance (or guarantee expected auction): model number 05.
6. Sample minutes of mining rights auctions: model number 06.
7. recognition of decisions Form hit mining rights auctions for auction area under the jurisdiction of the Ministry of natural resources and environment: model No. 07a.
8. recognition of decisions Form hit mining rights auctions for auction area under the jurisdiction of the provincial people's Committee: model number 07b.
9. Model the decision to cancel the results of auctions for mining rights with the auction area under the jurisdiction of the Ministry of natural resources and environment: model No. 08a.
10. Samples of the decision to cancel the results of auctions for mining rights with the auction area under the jurisdiction of the provincial people's Committee: 08b denominator.
11. Decides to approve the results determine money hit mining rights auctions for auction area under the jurisdiction of the Ministry of natural resources and environment (after the exploration results): model No. 09a.
12. the approval decision Model results determine money hit mining rights auctions for auction area under the jurisdiction of the provincial people's Committee (after the exploration results): 09b denominator.
13. Model notification collect money auction hit mining rights: model number 10.
14. Payment Notification Form hit mining rights auctions: model No. 11.
15. the report Form of the provincial people's Committee to organize, operate mining rights auctions: model number 12.
Chapter III FINANCIAL MODE in AUCTION ACTIVITY MINERAL EXTRACTION RIGHTS article 10. Funding funding guarantee for mining rights auctions include: 1. Financing the State budget allocated for geological and mineral Bureau Of Vietnam, the Department of natural resources and the environment.
2. Fees collected by the auction Organizer, individuals involved in the auction as defined in article 11 of this circular.
3. The funds of other legal provisions of the law.
Article 11. The level of costs involved mining rights auctions 1. With regard to mineral area under the jurisdiction of the Ministry of natural resources and the environment, the costs involved mining rights auctions are defined as follows: a) the case of mining rights auctions in the area have had the result of exploration: the value of mining rights under the starting price of the maximum income Level (Dong/profile) From 1 billion down From 2,000,000 over 1 billion to 5 billion 4,000,000 From over 5 billion to 10 billion 6,000,000 From over 10 billion to 50 billion 8,000,000 From over 50 billion to 100 billion From 100 billion over 10,000,000 12,000,000 b) where mining rights auctions in the area yet mineral exploration auction area: area maximum income Level (Dong/profile) From 0.5 ha to come down From 2,000,000 to 4,000,000 0.5 ha on two hectares From over 2 ha to 6,000,000 ha Prison on 5 of 5 hectares to 10 hectares of 8,000,000 From over 10 ha to 50 ha 10,000,000 From over 50 ha 12,000,000 2. With regard to mineral area under the jurisdiction of the provincial people's Committee, depending on the specific conditions of each locality, the Council decided to grant the same level of specific costs involved mining rights auctions for matching but not exceeding currency prescribed in clause 1 of this article.
3. Modes of Garner, filed, management and use of the charge involved mining rights auctions are made according to the provisions of the law on fees.
Article 12. The content and the level of genus 1. Content: a) the content of the General Department of geology and mineral resources and the environment include:-the cost of planned mining rights auctions;
-The cost of collecting and processing the data, the information to establishment mining rights auctions; cost surveys auction area;
-Conference enquiries during the process of inviting organizations and individuals to join an auction (if available).
b) contents for auction activity mineral extraction rights in the case of organizations hire professional auctioneers to make mining rights auctions include service costs are charged to organize professional auctioneers to conduct the auction organization from the time the contract is concluded auction.
c) contents for auction activity mineral extraction rights in the case of established the Council of mining rights auctions are the costs related to the implementation of auctions mining rights, including:-the genus listed, public notice;
-Lease auction venue in case the host unit auctions not deployed location;
-For the professional auction Organizer to organize this election Executive auction auction;
-Printing, copy documents and stationery related to the Organization of the auction;
-The cost to attend the auction, fostering work overtime for the members of the Board mining rights auctions;
-Other expenses directly related to the holding mining rights auctions.
2. Spending: a) costs, the method for the content of the genus in paragraph 1 of this article are applied according to the current rules of the competent State bodies.
b) for payments not have norms, standards, unit price by the competent State agencies, Ministry of natural resources and the environment, the provincial people's Committee but spending decisions must ensure consistent with the mode of financial management of the State and is responsible for its decision.
Article 13. Estimating, using and finalizing funding based upon currency, content, costs the provisions of article 11, article 12 of this circular, the General Department of geology and mineral resources and the Vietnam environment estimating funding held mining rights auction process approved by the authority in accordance with the provisions of the law on the State budget.
Chapter IV responsibility, EFFECTIVE ENFORCEMENT of article 14. Implementation 1. Geological and mineral Bureau of Vietnam is responsible for deploying the auction rights for mining the mineral area under the jurisdiction of the Ministry of natural resources and the environment specified in clause 1 Article 82 mineral Law.
2. provincial people's Committee has the responsibility to deploy the mining rights auctions for the mineral sector by licensing jurisdiction prescribed in clause 2 Article 82 mineral Law; directs the specialized agencies affiliated to the plan for the recovery of land when the competent State Agency notification of results hit by mining rights auctions.
3. The organization, individuals involved in mining rights auctions are responsible for implementation of the rights and obligations under the Decree No. 22/2012/ND-CP and this circular.
4. organizations and individuals hit by mining rights auctions are responsible to fully pay the stipulated deadlines, money hit mining rights auctions.
Article 15. Effect 1. This circular effect since October 24, 2014.
2. In the process of implementation, if any problems arise, problems, recommendations of organizations and individuals concerned about timely reflect The resources and environment, the Ministry of finance to consider the instructions./.