DECREE

The regulation of mineral rights auction

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Government Law Base December 25, 2001;

Number One Mineral Laws 60 /2010/QH12 November 17, 2010;

Base of Protocol 17 /2010/NĐ-CP March 4, 2010 the Government on the sale of property prices;

At the suggestion of the Minister of Natural Resources and Environment;

The government issued a regulatory decree on the auction of mineral rights.

Chapter I

COMMON RULES

What? 1. The adjustment range

This decree rules out the Article 2 Article 79 of the mineral law. 60 /2010/QH12 November 17, 2010 of the 12th National Congress on the principle of principle, the condition, the auction of mineral rights.

Other regulations are involved in the process of making the implementation in accordance with the rule of law on the property auction.

What? 2. Explain the word

In this decree, the words below are understood as follows:

1. Mineral rights auction is the semi-free form of mineral exploitation publicly in accordance with the principle of price increases in principle and sequence, the procedure stipulated at this decree.

2. The participants of the auction. is the legal representative of the organization, the individual who is involved in the auction of the mineral rights that are eligible under the provisions of this decree.

3. Bail out the auction is the commitment of the credit organization that guarantees the ability to exercise the financial obligations of the organization, personally participating in the auction of mineral exploitation rights.

What? 3. The principle of interest in mining rights

The organization of the sale of the mineral rights auction must ensure the following principles:

1. Transparate, openly, continuous, equal, protect the legal rights and interests of the parties to the auction.

2. The auction for mineral exploitation is only conducted when there are at least 03 organizations, individuals participating in the auction.

3. Only conduct of the mining rights auction, the mineral in the areas that have been approved by the state authority approved the auction plan.

What? 4. Point Price

1. The starting price due to the state governing body has the authority to grant the mineral exploitation license prescribed at Article 82 mineral law decided before the organization auction.

2. The starting price in the auction of mineral exploitation rights is no less than the amount of mineral exploitation of the mineral.

3. The Ministry of Natural Resources and Environment, in collaboration with the Ministry of Finance specifically stipulated the valuation of the starting price in the auction of mineral rights.

What? 5. Pre-order

1. Pre-order is the amount of money that the organization, the individual involved in the property rights auction, must submit before participation in the auction is calculated in Vietnam. Pre-orders issued by the Council for the Exploitation of the mineral (the following are called the Auction Council) to follow the following regulations:

a) For the case for the auction of mineral exploitation rights in the region that has had a mineral exploration results, pre-orders by 1% to 15% of the starting price;

b) For the case of an auction for mineral exploitation in the unvisited region, pre-orders are determined on the basis of an investigation, the mineral evaluation, and being calculated as this A-Point.

2. Organization, individuals who participate in the auction can submit pre-pre-orders by cash or by the guarantee of auction in accordance with the method as follows:

a) The case filed in cash, organization, individuals participating in the auction must submit to the agency ' s temporary account of the reception of the record for mineral rights auction in Article 17;

b) The case filed with an auction reserve, the organization, the individual offering to participate in the auction must submit to the auction of the auction for the agency to receive the auction.

3. The pre-order filing deadline is notified in the filing of an invitation to auction the mineral before holding an auction of at least 07 (days). The pre-order of the organization, the individual who won the property rights auction was filed into the state treasury and was deducted into the auction of the auction when the license issued mineral exploitation.

What? 6. reimbursable pre-order

1. Pre-order reimbursable for the organization, individuals participate in the auction immediately after the end of the auction, except for the specified case at paragraph 2 This.

2. The pre-order unreimbursable cases include:

a) The organization, personally, has been selected to participate in the auction and submit pre-orders without participating in the auction, unless the case is improbable;

b) The organization, the individual participating in the bid to withdraw the price paid;

c) As the winner of the auction but refused to sign the auction of the auction;

d) Overtime specified at point b and Point 2 Article 11 This decree that the organization, the individual who hit the auction did not submit the application of the proposed mineral exploration license, the mineral extraction permit;

The mineral exploration permit is revoked according to the law.

3. Pre-orders are not reimbursable in the prescribed cases at paragraph 2 This is filed into the state budget.

What? 7. Charge, Cost of Mining Rights

1. The participation fee for mineral rights auction is made in accordance with the provisions of the law of fees, fees.

2. The costs associated with the filing of an invitation for auction; assessment, organizational choice, individual participation in the auction; the cost of organising the auction of the Council to auction the mineral made by the rule of the law on the sale of property prices.

Chapter II

ORGANIZATION, INDIVIDUALS PARTICIPATE IN THE AUCTION OF MINERAL EXPLOITATION

What? 8. The condition of the organization, the individual participating in the auction

1. The organization, the individual is involved in the auction when sufficient the following conditions:

a) As an organization, the individual has a profile offering to participate in the auction of the state body having the authority to choose under the stipulation at Article 19 of this decree;

b) paid a fee to participate in the auction, the pre-order filing.

2. The case when there is a change in legal status, the organization, the individual participating in the auction must submit a relevant text supplement to the agency receiving the auction profile before the auction.

3. The organization, the individual participating in the auction and the sale of the mineral rights auction but refused to accept the results of the auction without being approved by the auction board did not enter any auction in the 01 (year) period, since the end of the year. The end of the auction.

What? 9. The object is not participating in the auction

1. Chairman, member of the auction board; cadre, civil union, and public office, preparing for the mining of the mineral rights of the Directorate of Geology and Mineral Resources, Department of Natural Resources and Environment, where there is an auction area for mineral rights; father, mother, the wife, the husband, the children of the above.

2. Other prohibited subjects by law on the sale of property prices.

What? 10. The rights and obligations of the organization, the individual participants auction

1. Organization, individuals participating in the auction rights auction have the following rights:

a) Reference to the geological, mineral-related material associated with the auction of mineral rights in accordance with the provisions of the law of minerals, other laws are related.

b) Regional field survey of the mining rights auction area, sampling on the ground located in the auction area for mineral exploitation but not yet exploration of the mineral as specified in Article 37 mineral law;

c) To be involved in the sessions regarding the auction issued by the state agency with the authority to organize.

2. Organization, individuals participating in the auction rights auction have the following obligations:

a) Implemendation of the auction of the auction, the auction statute issued by the Board of Auction and the provisions of the other law are relevant;

b) Perform other obligations under the rule of law.

What? 11. The rights and obligations of the organization, the individual who hit the mineral rights auction

1. Organization, individuals who are hit by the value of mining rights have the following rights:

a) The validation of the validation of the mineral rights auction;

b) The use of mineral information related to the region is valued at the price of mineral exploitation by the regulation of the mineral law.

c) granted a mineral exploration license, the Mineral Extraction Permit after the completion of the procedure for licensing of the mineral activity in accordance with the provisions of the mineral law;

d) to be entitled to other rights by law.

2. The organization, the individual who won the mineral rights auction has the following obligation:

a) The blisters are in the bidding by regulation at Article 24 of this decree and other financial obligations under the rule of law;

b) During the 6th (month) period since the end of the auction, the organization, the individual who hit the mineral rights auction in the unvisited area of the mineral must file a proposed application of the mineral exploration license to the state agency with licensing authority. according to the law of the mineral;

c) In the 12 (month) period since the end of the auction, the organization, the individual who hit the mineral rights auction in the area that had the mineral exploration results had to file a proposed application of the mineral mining license to the state agency. the legal authority under the provisions of the law of the mineral;

d) Not to be transferred to an auction of mineral exploitation rights to the organization, the other individual set up a record of licensing of the mineral activity;

There are other obligations under the law.

Chapter III

THE COUNCIL FOR THE RIGHTS TO EXPLOIT THE MINERAL, THE ORDER, THE PROCEDURE FOR MINING THE MINERAL RIGHTS

Item 1

MINERAL RIGHTS AUCTION BOARD

What? 12. The auction for mining rights

1. For minerals under the licensing authority of the Ministry of Natural Resources and Environment, the Council aucts the mineral rights of mineral exploitation by the Minister of Natural Resources and Environment to organize the auction of mineral exploitation rights. The auction board has a number of no more than 11 members, including:

a) Chairman of the Council as General Directorate of the Directorate of Geology and Mineral Resources;

b) Council members include 1 representative of the National Mineral Reserves Assessment Council; representatives of the ministries: Justice, Natural Resources and Environment, Planning and Investment, Finance, Industry, Construction, 01 representative of the Directorate of Geology and Mineral Resources of the United States. secretary of the Council, 01 representative of the Provincial People ' s Committee where the mineral sector aucts and a number of experts in the intensive field;

c) The Permanent Council of the Ministry of Natural Resources and Environment is the Directorate of Geology and Mineral Resources.

2. For the mineral in the licensing jurisdiction of the Provincial People ' s Commission, the auction of the mineral exploitation rights led by the professional auction organization. The normal body is file-based, pre-written and post-auction is the Department of Natural Resources and Environment.

In the case of a complex geological structure or in the absence of a professional auction organization, the Provincial People's Committee decided to set up the auction council to organise the auction of mineral rights. The auction council component has a number of no more than 11 members, including:

a) Chairman of the Council of 01 leaders of the Provincial People's Committee;

b) The members are representative leaders of the Department: Natural Resources and Environment, Justice, Planning and Investment, Finance, Trade, Construction, representative of the Department of Natural Resources and Environment as secretary of the Council and representative of the district-level People ' s Committee where the mineral sector is located. product launched and a number of experts in the intensive field;

c) Permanent Council of the Committee for the Provincial People's Committee is the Department of Natural Resources and Environment.

3. The Ministry of Natural Resources and Environment enacted the Operations Regulation of the mineral rights auction board.

What? 13. The powers and responsibilities of the Council for the Exploitation Rights and Professional auction organization

1. The Council aucts the mineral rights to the mineral:

a)

-Auction of auction and the auction of the mining rights auction.

-The pre-order decision stipulated at Article 5 of this decree and the price of the auction.

-Depose the right to participate in the auction and to compile a handle on the participant in an act of disorderly conduct where the auction is held or has the collusion, compromise to drown or have other acts that affect objectiation, loyalty, or behavior. It's the auction of the auction.

-Suspation or suspension of the auction of the mineral rights at the discovery of the sequence of the sequence, procedure of the auction procedure.

b)

-Run the auction in accordance with the provisions of this decree and the Regulation of the Auction Council; it is responsible for the integrity of the outcome of the outcome of the bid to the law and the state governing body with licensing authority.

-Addressing complaints during the bidding process; helping the state governing body with a licensing authority to take on, addressing under the jurisdiction or petition addressing the complaints that arise after the auction.

-The state governing body has the authority to approve the results of the sale of the mineral rights auction.

-Do other tasks by regulation.

2. Professional auction organization:

a)

-Demand for the Department of Natural Resources and the Environment to provide information about the area aucing the mineral rights: The profile of the organizations, the individual qualified for the auction; the starting price.

-Demand for the Department of Natural Resources and Environmental Services costs the auction of mineral exploitation rights.

b) The obligation:

-Do the organization of the auction in principle and sequence, the procedure stipulated at this decree and is responsible for the outcome of the auction.

-Provide an auction for the Department of Natural Resources and Environment.

-The reparation damages caused by the error of the auction and other employees of the organization themselves caused during the auction.

-Do other obligations under the sale of the auction.

Item 2

THE PROCEDURE FOR MINERAL EXPLOITATION

What? 14. Planning and announces the mineral rights auction area.

1. The base planning to auction off mineral rights:

a) The mineral activity areas of the mineral planning stipulate at Point b, c and Point 1 Article 10 The mineral law has been approved by the state authority;

b) The regions that do not auction the mineral rights of regulations in Clause 3 and Clause 4 Article 78 mineral laws have been approved by the authority;

c) The results and the actual situation of mining operations, the processing of the mineral deep on the local and country sites; the mineral demand for the economic and social development of the local, region, and the whole of the country for the next year.

2. Accountability, approval of a plan to auction mineral rights

According to the authority to license the active mineral provisions in Clause 1 and Clause 2 Articles 82 mineral laws; the base stipulated at Clause 1 This, the annual Department of Geology and Mineral Resources, the Minister of Natural Resources and Environment; Department of Natural Resources and Environment In the first place, the Provincial People's Committee approved a plan to auction off the mineral rights.

3. After approval, the regional portfolio of mineral deposits, the annual mining rights auction plan is informed and published publicly on the electronic information site of the Ministry of Natural Resources and Environment, the Provincial People 's Committee, the city' s founding member. It ' s central to the site of the mineral.

What? 15. Invitations for mining rights

1. The annual mineral rights auction planning base has been approved, the Directorate of Geology and Mineral Resources, Department of Natural Resources and Environment, which invades the rights to mining the mineral.

2. The invitation profile for mineral exploitation rights is set up with the following main content:

a) The name of the mineral, the site of the mineral that is made for auction;

b) Location, time expected to hold an auction;

c) Basic information on geology and minerals; the conditions for extraction of mineral-based mining areas; the method of reference information, relevant documentation, status quo of infrastructure, the use of mineral land that is aucalized;

d) The starting price, pre-order;

) Regulation of case evaluation criteria for auction;

e) The symbols need to be in the auction profile (the proposal to participate in the auction, the fundamental requirements of economics-engineering, etc.).

3. In the case of an auction for mineral exploitation in the area that has resulted in the mineral exploration results, the filing agency invitations a regulation auction at Clause 1 This is accompanied by a required record of mining technology, deep processing and mineral use, including the following: Content:

a) Method, technology requirements, mining equipment, minimum mineral processing must be achieved;

b) The minimum requirement for the mineral quality after extraction, processing;

c) The purpose, the use of the post-mining minerals to provide for the mineral processing projects defined in the extraction planning, the mineral use of the same type is approved by the state agency.

What? 16. Content, form of filing offers to participate in the auction of mineral exploitation

1. Organization, individuals with the need to participate in the mineral rights auction must set up an offer to participate in the auction of mineral exploitation rights and submit to the agency to receive a regulatory auction at Article 17 of this decree.

2. Text, document in the file that offers to participate in the mineral rights auction auction is set up 1 set by the following regulation:

a) Main version: The application to participate in the auction of mineral exploitation rights;

b) The main or copy of the certificate: Business registration certification; text introduction text, experience in exploration, mining, and mineral processing; the introduction of financial competability and financial mobilability;

c) For the auction area that has resulted in mineral exploration results: Organization, individuals participating in the auction must have a preliminary program of exploitation, deep processing, product consumption, and a commitment to implement the project if it hits the auction;

d) For the unvisited auction area: Organization, individuals participating in the auction must have a preliminary plan on exploration, exploitation, deep processing, product consumption, and the commitment to make if the auction is hit.

3. The Ministry of Natural Resources and Environment Regulation and the documents in the file offer to participate in the auction of mineral exploitation rights.

What? 17. The Agency reception for auction, form, time reception for mineral rights auction

1. The Agency recepts the proposed record to participate in the auction of the prescribed mineral rights as follows:

a) The Directorate of Geology and Mineral Resources is the primary body, the announcement and sale of an invitation to auction the mineral rights, and the adoption agency of the proposed record for mining rights to the mineral rights of the Ministry of Justice. Resources and Environment;

b) The Department of Natural Resources and Environment is an established body, announcement and sale of an invitation to auction the mineral rights, and the agency to accept the proposed record for mining rights to the mineral rights of the Commission. The people of the province.

2. The proposed record for the mineral rights auction is filed directly at the agency reception of the specified profile at Clause 1 This Article.

The period of time for the record to participate in the mining rights auction is 30 (day), since the date of the end of the announcement of the auction of the mineral rights to the mineral rights at 1 Article 18 of this decree.

What? 18. Notice, post information on the auction of mineral mining rights auction

1. The base of planning for mining rights for mineral exploitation has been approved, the authorities have the authority to organize the rights to exploit the mineral exploitation rights at Article 12 of this decree announcing the public opinion of the auction of mineral rights at the headquarters of the mineral. department and registration on the agency's electronic information page with licensing authority.

The time to inform and post continuous information in 30 (days) prior to the date of the start of the record for mineral rights auction. Information about the mineral rights auction is publicly available on the central or local information media where the mineral area is set to auction at least 2 times, each time the third (day).

2. Information on the mineral rights auction auction includes:

a) The name of the mineral, the site of the mineral that is made for auction;

b) The starting price, pre-order;

c) The location and time of the auction of the auction;

d) The date of the reception of the offer was made to the auction;

Other information is relevant.

What? 19. Select the recommended record for the auction of mineral mining rights auction

1. After the expiration of the deadline for registration of the property rights auction, the agency recepts the bid to conduct a case to choose the organization, the individual eligible to participate in the auction.

After three times the announcement and the expiration date of the expiration date of an invitation to auction the mineral rights, it is still not enough for the number of people to participate in the regulatory auction at Article 2 of Article 3 of this decree, the agency reported that the agency reported it. the licensing rights and no auction.

2. The organization, the individual who is selected to participate in the auction of the mineral rights auction when meeting enough of the following requirements:

a) There is a written document, document in the file recommended to participate in the auction of the mineral rights that are established in accordance with Article 2 Article 16 of this decree;

b) Meet the regulations of the organization, the individual exploration of the mineral or mining of the mineral prescribed at Article 34 and Article 51 of the mineral law;

c) There is a commitment to the device, the mining technology, the mineral processing, and the product consumption method in accordance with the regulation in the bid for auction.

3. In a time of no more than 30 (the day) since the expiration date of the offer to participate in the auction, the agency recepts the auction profile to complete the organization's profile review method, the individual offering to join the auction and report the Chairman of the Council. Auction.

The auction case through the professional auction organization stipulated at Article 2 Article 12 This decree; expires on the Department of Natural Resources and Environment transfer records of the organizations, the individual is selected to participate in the auction for the auction organization. professional to make an auction in accordance with the provisions of this decree and the law on the auction of the property.

In the period of no more than 30 (day), since the date received a report of the results of the results of the filing of the record for mineral exploitation, the Chairman of the auction board or professional auction organization must hold the auction of the mineral rights.

4. For the profile to participate in an undecided mining rights auction, the agency recepts the case to inform the organization, the person involved in writing, which states the reason not to be selected.

5. The agency recepts the mineral rights auction pool that is responsible for publicly announcing the organization list, the individual is joined at auction at the agency headquarters and posted on the agency ' s electronic information page with the previous licensing authority. when conducting an auction; the written notice of time, the exchange venue for information relating to the auction; the time of the field field survey of the auction area; the time of the filing of the auction and pre-orders for the organization, the individual. I'm going to go to the auction.

Section 3

MINING RIGHTS AUCTION HOUSE

What? 20. Internal auction of mineral rights auction

1. Before conducting the auction, participants at the auction must be presented by the auction board or the organization of professional auction paper that introduced the organization's status to the auction; the identification of the people's proof and receipt. charge for participating in the auction; pre-order or the bidding bail paper.

An organization that participated in the auction was not allowed to be no more than 3 participants in the auction, of which 01 were represented.

2. During the auction of the auction, participants are required to comply with the following regulations:

a) Only the exchange in its organization of the organization of the relevant information that is not exchanged with the organization, the other individual;

b) Do not use contact information during the course of the auction;

c) There is no disorderly conduct, obstruct, disrupts the auction session, or violation of the legal right of the organization, the other individual joins the auction;

d) No ransom was intended to exclude other auceoners or to the conformation, the collusion to keep the price down.

3. The case of a participant auction in violation of one of the regulations at paragraph 2 This, the Chairman of the auction board or operator of the auction session has the right to suspend the auction, compile the processor and only continue the auction after microbehavior. It's a prescribed crime.

What? 21. The sequence, the principle that conducts the mineral rights auction

1. Open head, secretary of the auction Council introduces members of the auction and agency representatives, the relevant organization; disseminally the auction of the auction; the publication of the organization list, the individual is involved in the auction; scores of participants auction and auction. The one who gave it a price; the answer to the questions (if any).

2. The chairman of the auction board or operator of the auction session conducts an auction in the form of a closed ballot directly in the auction, which continuously does not interrupt during the auction. The auction is only over after it has been identified by the winner of the mineral rights auction.

The winner of the property rights auction is the organization, the only individual to have the highest bid from the starting price after all the auction or the organization, the individual hit by the draw in the case of the stipulation at the point a 5 This Article.

3. After each auction, the Chairman of the auction board or operator of the auction auction announces the highest price of the voting round. Whether the two votes return to the highest bidder, the Chairman of the auction or operator of the auction will continue to pay for the next auction.

The starting price of the next auction is the highest price of the previous auction. The record price in the auction is valid when it is valued at a starting price plus the number of times the price of the price.

4. Every performance in the mineral rights auction session must form the border. At the end of the auction for mineral exploitation, the Chairman of the auction board or operator of the auction house announced the conclusion of the Council and the winner of the mineral rights auction. The organization, the individual who won the property rights auction, must sign the auction at auction.

5. Special cases

a) The case involves three rounds of auction that still comes from the two becoming the highest-priced, the President of the auction board or the operator of the publicly drawn bid for the sale of the mineral;

b) The organized case, the individual who won the mineral rights auction refused to receive the result of the auction, the lower bidder was approved by the auction board to review the added price;

c) The case of an additional recipient of the added price refused to accept the results of the auction, the auction of the auction board abolished the results of the auction and the written report to the authorities with licensing authority to review, the decision.

What? 22. Approval of the results of the mineral rights auction

1. During the period of no more than 05 (day) working, since the end of the auction of the mineral rights auction, the agency recepts the regulatory auction at Article 17 of this decree that the state agency has the authority to grant approval of the results of the results. It's an auction. The profile contents include:

a) The version of the auction;

b) The request to join the auction of the organization, the individual hit the auction;

c) The draft approval text results in the auction.

2. During the period of no more than 05 (day) work, since the date of receiving the approved approval record, the authorities granted the authority to issue a document which approx the results of the auction. The non-approved case must have written notice and specify the reason and the additional requirements (if any).

The text content approx results must be noted for the full name, the initialized name of the organization, the individual who hit the mineral rights auction; the mineral type name; location, coordinates, area area auction of the mineral rights auction; rights and obligations. The organization of the organization, the individual hit the auction and the price hit; the organization's commitments, the individual hit the auction.

3. Text-to-auction results are the legal base for the authority to have the authority to permit consideration, licensing of the mineral activity to the organization, the individual who is at auction in accordance with the laws of the mineral law.

What? 23. Announces results in the auction of mineral exploitation rights

1. The results of the sale of the mineral rights auction must be publicly announced at the agency headquarters receiving the auction record and electronic information pages of the authorities with licensing authority immediately after the end of the auction.

The results announced the result of the auction:

a) The name of the organization, the individual who won the rights to exploit the mineral;

b) The name of the mineral type; the area where the region is in the auction of the mineral rights;

c) A price hit.

2. Time of announcement and public posting results in the auction of 05 (day) since the end of the auction.

3. Results in the auction of the mineral exploitation rights of the Ministry of Natural Resources and the Environment are posted on the electronic information page of the Provincial People's Committee where the mineral sector is auced.

Section 4

GOLD MINING RIGHTS AUCTION

What? 24. The value of the mineral rights auction

1. The value of the value of the value of mining in the mineral after auction in the region has resulted in the results of the mineral exploration being determined to be the organization ' s auction, the individual is calculated in Vietnam.

2. The value of the value of the mineral exploitation rights at auction in the unvisited region is the percentage of the mineral reserves that are in the area for the auction of the mineral.

The Ministry of Natural Resources and Environment, the Ministry of Finance coordinated the regulatory regulation of how money is paid for mineral exploitation rights in the unvisited region of Vietnam.

What? 25. The time of determining the interest in the mining rights auction

1. For the field of auction for mineral exploitation in the region that has had a mineral exploration results, the timing of the price of the money was hit shortly after the end of the auction.

2. For the auction of mineral exploitation rights in the undetected area of the mineral, the timing of the pre-sale of the money was auced prior to the licensing of the mineral extraction permit.

3. The Ministry of Natural Resources and Environment, in collaboration with the Ministry of Finance that regulates the income method, the management regime, and the use of the money to the mineral rights auction.

Chapter IV

EXECUTION CLAUSE

What? 26.

This decree has been in effect since 15 May 2012.

What? 27.

1. The Ministry of Natural Resources and Environment, in coordination with the Ministry of Finance and ministries, the relevant sector responsible for the implementation of this Protocol.

2. Ministers, peer-to-peer agencies, Head of the Government of the Government, Chairman of the People's Committee of the Provinces, the Central City of the Central Committee, and the relevant organizations responsible for the implementation of this decree.