The Decree 15/2012/nd-Cp: Detailing The Implementation Of A Number Of Articles Of The Law On Mineral Resources

Original Language Title: Nghị định 15/2012/NĐ-CP: Quy định chi tiết thi hành một số điều của Luật Khoáng sản

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THE GOVERNMENT.
Number: 15 /2012/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 9, 2012

DECREE

Detailed rules enforce some of the provisions of the Mineral Law

______________________

Government Law Base December 25, 2001;

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

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

The government issued a decree regulating the implementation of certain provisions of the mineral law.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This decree rules out paragraph 5 and paragraph 7; paragraph 4 Article 7; paragraph 3 Articles 10; Articles 24; paragraph 2 Articles 30; paragraph 3 Articles 36; paragraph 2 Article 39; paragraph 1 Article 42; clause 4; Article 44; Article 44; Article 44; paragraph 4; One Article 49; paragraph 3 Article 50; paragraph 3 Article 53; point c and clause 1 Article 55; paragraph 3 Articles 60; paragraph 4 Articles 66; paragraph 3 Article 71; paragraph 2 Article 75; paragraph 3 Article 77; paragraph 3 Article 77; paragraph 3 Article 77; paragraph 2 Article 78 of the Mineral Law 60 /2010/QH12.

2. Rules of principle, conditions, procedures for mineral exploitation rights are not part of the regulation of this decree.

What? 2. mineral export standards and standards

1. The Ministry of Commerce chaired, in coordination with the Ministry of Natural Resources and Environment, ministries, the related sector, and the issuing of categories, conditions and standards of export of minerals, excluding minerals as construction materials.

2. The Ministry of Construction is chaired, in coordination with the Ministry of Natural Resources and Environment, ministries, the related sector, and the issuing of portfolio, conditions and standards of mineral exports as construction materials.

What? 3. reimbursable the geologic basic investigation costs of minerals, mineral exploration costs

1. The basic geological investigation information about the mineral, the individual must pay the cost when used is the mineral potential assessment information.

2. reimbursable cost of the mineral potential assessment, mineral exploration is carried out in the following principle:

a) The case for mineral potential assessment information, mineral exploration owned by the State, organization, individuals using the information must reimbursate the State of the Cost of Investment. The cost of reimbursable is determined based on the volume of the work, the work item that has performed and the current order.

In the event of the organization, individuals who have paid the state budget of the money invested in the value of the mineral potential, the mineral exploration, the return of the cost of implementation by regulation at this point.

b) Organization, individuals are allowed to probe the mineral by capital from the state budget not to be provided, transfer of information on the results of mineral exploration to the organization, other individuals, except for the provision of the supply of competent authorities under the prescribed authority. of the Ministry of Natural Resources and Environment.

c) The case for mineral potential assessment, mineral exploration due to the organization, personal investment, the return of investment costs is made in accordance with the principle of self-agreement between the organization, the individual who has invested with the organization, the individual using the information.

For mineral potential assessment information, mineral exploration due to the organization, private investment in the mineral operating area revoked license, the license to be returned or full priority recommended issuing the mineral exploitation license, in the case of a new mineral, a ... The parties that do not have the right to deal with the costs of the government have to be paid, and the state agency has the authority to grant provisions at paragraph 1, paragraph 2 Article 82 Mineral Law (under the same as the state agency with a licensed jurisdiction) to determine the cost of the investment. It's the rules of the order at this point.

3. reimbursable of the cost of the underlying investigation of the mineral, the cost of exploration of the mineral was made prior to the organization, the individual receiving the mineral exploration permit, the mineral extraction permit.

4. Ministry of Finance chaired, in coordination with the Ministry of Natural Resources and Methodology Guidance determining the cost of the underlying regulatory conditions on the mineral, the cost of mineral exploration must be reimbursable, modal, reimbursable procedure; regulatory regime regulation, management, use. the cost of evaluating mineral potential, mineral exploration by the state has invested.

What? 4. Using mineral potential assessment information, exploration, mineral mining, and research.

1. Organization, individuals entitled to use mineral exploration information due to their investment or use of mineral potential assessment information, exploration, mining of the mineral owned by the State have been reimbursable by regulation at Article 3 of the Decree. This is a transfer, an inheritance to serve as a law.

2. After 6 months from the date of the expired mineral exploration permit that the organization, the individual is allowed to probe the authorities with the authority to approve the mineral reserves or mineral reserves that have been approved without filing a license to grant a license. Mineral exploitation, the state agency has jurisdiction to provide information about the mineral in that area for the organization, the other individual to use. The organization, the individual who uses the information that is responsible for reimbursable the search costs by regulation at the point of paragraph 2 Article 3 This decree.

What? 5. State investment for exploration, mineral exploitation and mining

1. The state invested in exploration, exploitation of certain types of minerals that serve either defense, security or economic duty-the society stipulated at paragraph 5 Article 3 of the mineral law.

2. On the basis of the approved mineral planning, the base at the request for defense, security, economic-social duty, the Ministry of Natural Resources and Environment, in coordination with the Ministry of Planning and Investment, Ministry of Finance and ministries, the federal appeals industry. The Prime Minister approved the exploration projects, mining the mineral made by capital from the state budget.

What? 6. Minerals

1. toxic minerals include radioactive minerals, mercury, arsenic, asbestos; minerals that contain radioactive or toxic elements that are able to embody the environment of radioactive or toxic substances beyond the regulation of the Vietnamese specification.

2. The Ministry of Natural Resources and Environment is responsible for investigating, assessing, determining the extent of the influence, which proposes the prevention of toxic mineral effects of toxic minerals to the regional environment and local people where the mineral is toxic; inform the Commission. People in the province where they have a toxic mineral known for their own management, regulations, and regulations.

3. The provincial People ' s Committee where the toxic mineral is responsible for deploying the negative impact prevention solutions of the toxic mineral to the regional environment and local people; the management organization, the toxic mineral protection on the site of the country. the local table by regulation.

What? 7. Mineral Activity results report

1. Report of the results of the mineral activity including:

a) Report on mineral exploration activity, mining operations.

b) Report of the state governing the state of minerals and mineral activity within the province, the city's central city.

c) Report of the state governing the state of minerals and mineral activity within the country.

2. The report mode on the mineral activity is regulated as follows:

a) The periodic report performed once a year. The report was calculated from 1 January to the end of December 31 of the year of the report.

b) In addition to the reporting regime at this point of paragraph, when there is a request by the state governing body for mineral, organization, individuals allowed for mineral activity must report a sudden return on the condition of the mineral activity.

3. The responsibility for reporting the results of the mineral activity is specified as follows:

a) Slowly after the 5 working days since the last day of the report, the organization, the individual allowed for the mineral operation to submit a regulatory report at the point of a Article 1 This article for the Department of Natural Resources and Environment.

For the organization, the individual operates the mineral under licence under the licensing authority of the Ministry of Natural Resources and Environment, in addition to filing a report to the Department of Natural Resources and Environment where mineral activity must also submit reports to the Directorate of Geology and Minerals. Yeah.

b) Slowly after 15 days from the last day of the report, the Department of Natural Resources and the Environment established a regulation at the point b 1 This presented the Provincial People ' s Committee to send to the Ministry of Natural Resources and Environment and to send a copy of the report to the Department of Commerce, Department of State Construction to coordinate management.

c) Slowly after 30 days from the last day of the report, the Directorate of Geology and Minerals set a regulatory report at the point of paragraph 1 This presented the Ministry of Natural Resources and Environment to report the Prime Minister and send a copy of the report to the Ministry of Commerce, Ministry of Justice Construction to coordinate management.

4. The Ministry of Natural Resources and Environmental Regulation reports the results of the mineral activity stipulated at 1 Article.

Chapter II

MINERAL PLANNING, BASIC GEOLOGICAL INVESTIGATION OF MINERALS, MINERAL AREA

What? 8. Set up the mineral planning approval

1. Responsibility for the Prime Minister to approve the regulatory of the mineral provisions in paragraph 3 Article 10 of the specific Mineral Laws as follows:

a) The Ministry of Natural Resources and Environment established the basic regulatory planning of the geology of the mineral.

b) The Ministry of Commerce hosts the planning of exploration, exploitation, processing, and the use of mineral types (excluding minerals as construction materials).

c) The Ministry of Construction hosts the planning of exploration, exploitation, processing, and use of mineral types as building materials.

2. The mineral planning stipulated at 1 Article which is in accordance with the mineral strategy that has been approved by regulation.

3. Take the opinion and coordinate in the process of mineral planning:

a) During the planning of the mineral process under the authority stipulated at point b, point c 1 This Article, Ministry of Commerce, Ministry of Construction is responsible for coordination to implement the regulation at point d 1 Article 13 Mineral Law.

b) The presiding body of the mineral planning must take the opinion of relevant agencies under the provisions of 1 Article 15 Mineral Laws for the planning draft prior to the Prime Minister's presentation. In the 30-day period since the date received the opinion of the presiding agency, the agencies are given the opinion of the responsibility to respond in writing.

What? 9. The exploration planning, exploitation, use of the provincial mineral, the central city.

1. The exploration, exploitation, and use of the provincial mineral, the central city of regulation at paragraph 3 Article 10 The mineral law is established for the following mineral types:

a) Minerals make common construction materials, peat.

b) The mineral in the region with a distributed mineral, the smallest has been defined by the Ministry of Natural Resources and Environment and published.

c) The mineral in the landfill site closed.

2. The planning of exploration, exploitation, and use of the provincial mineral, the central city must ensure the following principles:

a) In accordance with the mineral strategy, the mineral planning stipulated at point b and point c 1 Article 8 This decree.

b) In accordance with the overall planning of economic development-provincial societies; security guarantees, defence on the site.

c) Secure exploitation, use of rational minerals, savings, efficiency of current needs, and also to take into account the development of science, technology, and mineral demand in the future.

d) Environmental protection, natural landscapes, cultural history, scenic landmarks, and other natural resources.

3. Base for the planning of exploration, exploitation, use of the provincial mineral, the central city of the central city:

a) The overall planning of economic-economic development of the province, regional planning.

b) The mineral strategy; the mineral planning stipulated at point b and point c 1 Article 8 This decree.

c) The demand for minerals in the planning period.

d) Progress science and technology in exploration, mining of minerals.

The results of the pre-planning process.

4. The exploration, exploitation, and use of the provincial mineral, the central city must have the following main content:

a) Investigation, research, synthesis, assessment of natural, economic-social conditions and the state of exploration, exploitation, processing, mineral use on local land.

b) evaluate the results of the pre-planning implementation.

c) Define the direction, target exploration, exploitation, mineral use in the planning period.

d) The region prohibited the activity of the mineral, temporarily banning mineral activity.

The mineral needs to invest in exploration, exploration, exploration, and exploration. The area of exploration, mining of minerals is limited by the vertical segments of the closing points shown on the national coordinate system map with the appropriate proportions.

e) Define the scale, the mining capacity, the requirement for mining technology.

) The solution, the organizational progress, the planning process.

5. The organizing committee of the provincial population, approving and announcing the planning of exploration, exploitation, use of provincial minerals, the city's central city after being approved by the People's Council.

What? 10. Investment of the basic physical investigation into the mineral capital by the organization, the individual

1. Encourage to organize, the individual participin in the investment of the basic geological investigation of the mineral; except for the geological basic investigation of coal minerals, uranium, thorium, or the area of investigation in the National Border Belt area.

2. The basic regulatory planning base for minerals has been approved and regulated at this one Article, the Ministry of Natural Resources and the Environment of the portfolio of the basic investigation of the geology of the mineral are encouraged to engage in investment by the organization's capital. And, personally, the Prime Minister approved it.

3. Organization, individuals who participate in the investment investigation of the geology of the mineral must meet the following requirements:

a) to be eligible under the order of 1 Article 34 and paragraph 1 Article 51 Mineral Law.

b) There is enough funding to do the full project of the geological basic investigation of the mineral.

c) The implementation of the basic investigation of the geology of the geology of the mineral must be carried out by the Directorate of Geology and Minerals.

4. Ministry of Natural Resources and Environment:

a) Register a list of the basic physical investigation of the geology of the mineral on the Ministry's electronic information page after approval.

b) The process of monitoring the process of carrying out the basis of the basic investigation of the geology of the mineral.

c) Chair, in collaboration with the Ministry of Planning and Investment, the Ministry of Finance guidelines for capital contributions, management of capital to the investment of the organization, the individual.

What? 11. Khoa is a small, small, mineral-dispersed area.

1. The area with minerals (excluding minerals as conventional construction materials, peat, toxic minerals, mineral water, natural hot water) is defined as a dispersed mineral, which is small in response to regulatory criteria at 2 Article 2. Hey.

2. The localization of the region with a distributed mineral, which is small stipulated at paragraph 2 Article 27 The Mineral Law must meet the following criteria:

a) Not in the area of the prohibition of mineral activity, the area temporarily banned mineral activity; the reserve area of the country.

b) The mineral has detected an independent distribution of reserves of small scale reserves or resources; minerals in the mineral mining area have decided to close the mine by regulation at paragraph 2 Article 73 The mineral law that reserves the reserves and resources. The remainder is a small scale specified in the Appendix issued by this decree.

c) There is no indication of the mineral discovery other than the mineral that has been probed or evaluated mineral potential.

3. The Ministry of Natural Resources and Environment has the responsibility to define and publish areas with scattered minerals, which are small in terms of 1 and paragraph 2.

Locally based, the Provincial People's Committee can recommend the Department of Natural Resources and Environment and announce the area with scattered minerals, which are small.

What? 12. The regional localization criterion does not auction mineral exploitation rights

The settlement of the mineral region is the non-auction area for the mineral rights of the mineral, which stipulated at paragraph 2 Article 78 Mineral Law when belonging to one of the following cases:

1. The mineral area guarantees energy security: coal, uranium, thorium.

2. The limestone area, clay as the raw materials for cement or mineral production as the cement regulator, has determined to be a source of material for cement plant projects; the area with the mineral has determined to be the source of supplies for home projects. Mineral processing machines are approved by the Prime Minister or approved by the Prime Minister.

3. The mineral area is part of the national border belt, the strategic area of defense, security.

4. The area with an investment project building by regulation at a point b 1 Article 65 Mineral Law.

5. The mineral area as the conventional construction material is determined to be mined for the supply of materials for the maintenance, repair of engineering infrastructure.

6. The mineral activity area where the exploration, mining of minerals in that area is restricted by regulation at a point of 2 Article 26 Mineral Law.

7. The mineral activity area has been granted jurisdiction by the state governing body for mineral exploration licenses, the mineral exploitation license prior to July 1, 2011.

8. The other cases were decided by the Prime Minister.

Chapter III

MINERAL ACTIVITY REGULATION

Item 1

MINERAL EXPLORATION

What? 13. Organization selection, individual to grant the mineral exploration license in the region that does not auction mineral exploitation rights.

The choice of the organization, the individual to grant the mineral exploration license in the region does not auction the mineral exploitation rights of the mineral provisions in paragraph 1 Article 36 The mineral law performs as follows:

1. The case of all the time that the notice stipulated at the point of a Article 35 of this decree, which only one organization, the individual file the application for the exploration of the mineral, the organization, that individual is selected to grant a license to the mineral exploration. It ' s at 1 Article 34 and point b, point 2 Article 40 Mineral Law.

2. The case of all the time the notice stipulated at the point of a Article 35 This decree that comes from two organizations, the individual becomes eligible for regulation at 1 Article 34 and point b, point paragraph 2 Article 40 Mineral Law filed for mineral exploration. product, the organization, the individual is selected to grant the mineral exploration license when it meets the most of the following conditions:

a) At the time of the filing, there was the equity capital accounting for the largest ratio compared to the total investment capital to carry out the poll project.

b) As an organization, the individual has been involved in the investment capital investigation of the mineral geology in the area expected to grant a mineral exploration license.

c) There is a commitment after the exploration of the results will exploit, using the mineral that serves the domestic production needs in accordance with the approved mineral planning.

3. The case of organizations, individuals recommended granting the Mineral Exploration Permit both meet the stipulation conditions at paragraph 2 This time, the organization, which individual submit the prior profile at the time of the record vote in the receiving vote shall be selected to grant the certificate. Mineral exploration.

What? 14. The conditions of the mineral are polled mineral as conventional construction materials.

The business is regulated at 2 Articles 34 Mineral Laws licensed by the mineral as a common building material when the following conditions are met:

1. Be selected by the Provincial People's Committee under the provisions of Article 13 of this decree or by the auction of mineral exploitation rights in the unvisited region; there is a contract with the organization that has qualified for the mineral exploration. Article 35 The Mineral Law to carry out the exploration project.

2. There is a poll project in accordance with the planning of exploration, exploitation, use of provincial minerals, the central city-central city where there is mineral.

3. Has equity holders of at least 50% of the total capital invested in the mineral exploration project.

4. The area area of the poll area is no more than 01 ha.

What? 15. Transfer of mineral exploration rights

1. The transfer of the mineral exploration rights:

a) The organization, the individual recipient of the transfer must meet the eligisum conditions at 1 Article 34 Mineral Law; if there is not enough for a mineral exploration, there must be a contract with the organization that is eligible for a mineral exploration. at a Article 35 Mineral Law to continue implementing the poll.

b) As of the time of the transfer, the organization, the transfer individual has completed the regulatory obligations at the points b, c, d and e paragraph 2 Articles 42; paragraph 3 Article 43 Mineral Law and regulations in the Mineral Exploration Permit.

c) At the time of the transfer there was no dispute over rights, the obligation in relation to the exploration operation.

d) The organization, personally recommended that the transfer filed enough for the transfer of mineral exploration rights to the agency for the adoption agency when the mineral exploration permit was in effect for at least 90 days.

2. The transfer of the mineral exploration rights must show the contract between the transfer party and the recipient of the transfer. The transfer contract content must specify the number, volume of work items, the cost of exploration that has taken into account the timing of the transfer; the responsibility between the parties when carrying out the work and obligation following the transfer.

3. The deadline for the transfer of a maximum mineral transfer authority is 45 days, since the date of the adoption agency has a written reception.

In the case of an unauthorised transfer not authorized by the authorized authority, the organization, the transfer individual continued to carry out a mineral exploration permit or return the mineral exploration permit.

4. Organization, individuals transfer and receive transfer of the mineral exploration rights must carry out obligations on taxes, fees, charges by law.

What? 16. Exploration of the reserves in the mineral mining area

1. Organization, individuals are allowed to exploit the mineral as the exploration of the mineral deposits from reserves of low geological research to the reserves of higher levels of geological research, or when an upgrade to the resource level up to the reserves. The amount in the area allowed to exploit the mineral was not the procedure for issuing a license to the mineral exploration.

2. When the exploration of the upgrade of organized mineral reserves, the individual is allowed to exploit the mineral responsible:

a) Programme of program, plan, volume of an upgrade to an upgrade to the state governing body with the authority to issue a prescribed license at Article 82 Mineral Law before execution.

b) The case not eligible for mineral exploration is required to contract with the organization, the individual meets qualified under the provisions at 1 Article 35 The Mineral Law for the implementation of an upgrade probe.

c) End of the reserves-up exploration, the poll results for the state agency with the jurisdiction stipulated at 1 Article 49 Mineral Law.

What? 17. Renewal Mineral Exploration Permit

1. The organization, the individual recommended to renew the Mineral Exploration Permit are considered renewed when the following conditions are met:

a) Have submitted enough of the proposed filing for the Mineral Exploration Permit for the receiving body of the case when the mineral exploration permit remains valid for at least 45 days, in which the solution is clear due to the extension offer.

b) At the time of the proposed extension not to do the full volume of work categories under the Mineral Exploration Permit issued or had a change in geological structure; the probe method compared to the poll project was approved.

c) To the time of the extension, organization, individual licensee of the mineral exploration has performed regulatory obligations at points b, c, d, e, and e paragraph 2 Article 42 Mineral Law.

2. The case of a mineral exploration license has expired but the proposed extension is being appointed by the state authority to be appointed by the state authority, the individual probing the mineral is continuing to carry out the exploration work to the time being renewed or having a culture. License responses are not renewed.

What? 18. Changing the probe method, the poll volume

1. The case with a change in the probe method or a change in the volume of probing at a cost of greater than 10% of the bill in the poll project has been approved, organized, individuals allowed for mineral exploration to submit a program report on the reasons of change to:

a) The Department of Natural Resources and Environment in the case of mineral exploration activity in the case of the mineral exploration license under the licensing authority of the Provincial People ' s Commission.

b) The Directorate of Geology and Minerals in the case of a mineral exploration permit under the licensing authority of the Ministry of Natural Resources and Environment.

2. During a period of no more than 10 working days since the date received the organization ' s program report, the individual regulates at 1 Article, the Department of Natural Resources and Environment, the Directorate of Geology and Mineral Resources under the authority to examine records, documents and documents. is involved, including field checks when needed to report state authorities with a license to license polls, approve the change in the probe or the poll volume. The unapproved case must have an answer text and specify a reason.

What? 19. The field survey, sample on the ground to choose the area of the mineral exploration project

1. Organization, individuals with field survey demand, land sampling to select an area of the mineral exploration project which must have a document accompanying the program, the survey plan, sampling the Provincial People's Committee where the mineral exploration is expected.

2. In no more than 10 days from the date of receiving the organization's recommended text, the individual states at 1 Article, the Provincial People's Committee has the text to announce the approval or non-approval. The unapproved case must have an answer text and specify a reason.

Item 2

APPRAISAL, MINERAL RESERVES

What? 20. The organization and operation of the National Mineral Reserves Assessment Council

1. The National Mineral Reserves Review Council provides at the point a 1 Article 49 Mineral Law including: Chairman of the Council as Minister of Natural Resources and Environment, Vice Chairman of the Council as Deputy Minister of Natural Resources and Environment and members of the Council. The Council is decided by the Prime Minister on the basis of the proposal by the Minister of Natural Resources and Environment and ministries, the relevant sector.

Members of the Council for the assessment of the country's mineral reserves work under the regime's and under the Rules of Operations of the Council issued by the Chairman of the Council.

2. The national mineralogical review council has the Office of the Council located in the Ministry of Natural Resources and Environment to help the Council. The organization and operation of the Office of the National Mineral Reserves review by the President of the Council for the Evaluating National Mineral Reserves.

3. The National Mineral Reserves Assessment Council has a appraisal mandate, which approx reserves in the report of mineral exploration results under the licensing authority of the Ministry of Natural Resources and Environment.

The appraisal report results in the results of the mineral exploration, the approval of the mineral reserves in the report of the results of the mineral exploration made by regulation at Article 22 of this decree.

What? 21. Appraisal, approval of the mineral reserves under the jurisdiction of the Provincial People ' s Commission

1. The Provincial People ' s Provincial Committee is responsible for the appraisal of the results of the mineral exploration results, the approval of the mineral reserves in the report results of the licensed mineral exploration of the prescribed jurisdiction at 2 Article 82 Mineral Law. The appraisal report results in the results of the mineral exploration, the approval of the mineral reserves in the report of the results of the mineral exploration made by regulation at Article 22 of this decree.

2. The Department of Natural Resources and Environment, in coordination with the relevant state governing bodies that report the results of the poll, the Provincial People's Committee approved the reserves in the report of the resulting mineral exploration at 1 Article.

3. In the case of necessity, the Provincial People ' s Committee decided to establish a Technical Advisory Council consisting of several members who are representative of the relevant state governing body and some experts with deep expertise on the mineral exploration to determine the report. results of the mineral exploration before the approval of the mineral reserves of the jurisdiction.

What? 22. The appraisal content reports the mineral exploration results and approval of reserves in the mineral exploration report.

1. The appraisal of the appraisal report results include:

a) The legal basis, the report base.

b) The effective implementation of the volume of exploration works; the interpretation of the consumption of mineral reserves; the method of folding and the amount of mineral deposits compared to the mineral exploration project has been given and the contents of the mineral exploration permit.

c) The reliability of the reserves, the content, the primary quality of minerals and minerals is useful.

d) The reliability of hydrology geological conditions, geologic geology associated with the feasibility study of mineral extraction.

2. Content approval of the reserves in the results report for mineral exploration:

a) The mineral name and the administrative position of the mineral exploration area.

b) The geological reserves of the main mineral; the geological reserves of all minerals associated with (if available).

c) The scope of the use of the poll results report.

Section 3

MINERAL EXTRACTION, MINING OF MINERAL DEPOSITS

What? 23. The conditions of the business passport are mined minerals as conventional construction materials, mining and mineral harvesting.

In paragraph 2 Article 51 The mineral law is granted a mineral exploitation license as a common construction material, the license to exploit the mineral deposits in response to the following conditions:

1. There is a project of mining investment in the area that has visited and approved reserves in accordance with the exploration, mining, and mineral use of minerals, the city where the mineral is. The mining investment project must have a method of using specialized workforce, equipment, technology, and proper extraction methods.

2. There is a confirmed environmental protection commitment by law on environmental protection.

3. Has equity holders of at least 30% of the total capital investment of the mining investment project.

4. The mining capacity scale is no more than 3,000 m 3 the product is the mineral mineral khai/year.

What? 24. Transfer of mineral exploitation

1. The transfer of mineral exploitation rights:

a) The organization, the individual who received the transfer of eligible rules at 1 Article 51 and paragraph 2 Article 53 Mineral Law.

b) As of the time of the transfer, the organization, the individual allowed to exploit the mineral has completed the prescribed work at 1 Article 66 and the regulatory obligations at points a, b, c, d, e, e and g 2 Article 55 Mineral Law.

c) The area is allowed to exploit no dispute over rights and obligations related to mineral activity.

d) The organization, personally recommended that the transfer submitted enough files to the agency to receive the case when the license from the mineral falls were valid for at least 90 days.

2. The content transfer content of the mineral exploitation is represented by the contract between the transfer party and the recipient of the transfer with the following main content:

a) A state of the number, volume, value of the extraction work, the infrastructure of the investment, the construction; the situation that performs the financial obligations of the organization, the transfer individual to the time of the signing of the transfer contract.

b) The responsibility of the organization, the individual receiving the transfer to the continued implementation of the work, the uncompleted obligation of the organization, the transfer individual to the time of the transfer.

c) Rights and other obligations relevant to the organization, the transfer individual and the organization, the individual receiving the transfer by regulation.

3. The deadline for the transfer of a maximum mineral transfer of the mineral is 45 days, since the date of the adoption agency has a written reception.

In the case of an unauthorised transfer not authorized by the authorized authority, the organization, the transfer individual continued to carry out the mineral exploitation permit or return the mineral extraction permit.

4. Organization, individuals transfer and receive transfer of the mineral rights to the mineral must carry out obligations on taxes, fees, charges under the provisions of the law.

What? 25. Renewal of the mineral mining license, the mineral extraction permit.

1. Organization, individual mining individuals are to renew the Mineral Extraction Permit, the extraction permit for the mineral, when it meets all the following conditions:

a) Has submitted enough records to renew the Mineral Extraction Permit, the mineral extraction permit for the agency to receive the records when the mineral extraction permit is valid for at least 45 days, and when the license to exploit the mineral deposits is effective. At least 15 days in force; in which the solution is clear due to a limited offer.

b) There is a report of the results of the mining operation, which proved to be clear at the time of the untapped extension of the mineral deposits in the mining sector under the mineral extraction permit.

c) By the time of the extension, organization, the licensed individual has completed the obligations under the prescribed obligations at points a, b, c, d, e, e, and g 2 Article 55 mineral law.

d) Have fully implemented obligations in the protection of the environment, land use, water, technical infrastructure in mineral activity according to the regulation of the relevant mineral and mineral law.

At the time of the extension, the next mineral extraction plan must be consistent with the regulatory property that has been approved by regulation at point c or point d 1 Article 10 Mineral Law.

2. Renewable of the mineral mining license, the mining extraction permit is a time extension that continues to exercise the mineral rights of the organization, the individual on the basis of the mineral reserves allowed to exploit the remainder at the time of the family. No changes allowed to be changed. In the event of an increase in mining capacity, the organization, the individual mining individual must set up an investment or renovation project; the approval of the report reviews the impact of the impact on the environment or the commitment to protect the environment by regulation. Upon the extension of the mineral extraction permit, the extraction area can be adjusted in accordance with the remaining mineral reserves, but not beyond the area of the area that has been granted extraction.

3. The case of a mining license, the extraction permit expired but the proposed extension is being considered by the state authority to review the organization, the mineral exploitation individual is continuing to exploit the mineral. The license to the time is renewed or until the written answer text is not renewed.

What? 26. Judge of the project closing mineral deposits

1. The Ministry of Natural Resources and Environment, the Provincial People's Committee under the jurisdiction stipulated at paragraph 1 and paragraph 2 Article 82 Mineral Law, the organization appraisal of the mineral closure of the mineral before the decision to close the mine.

2. The content appraisal of the project closing includes:

a) Reason to close the mine;

b) The status quo, quantity, volume and degree of safety of the mine, including the mines of the mine at the time of the mine closure.

c) The actual volume of mineral deposits has mined, the remaining mineral reserves in the region are allowed to exploit the mineral at the time of the mining;

d) The volume of work and closure methods, untapped mineral protection measures; solutions that ensure the safety of the field after the closure of the mine, including the mines of the mine; the method of restoration of land and the relevant environment.

Mass, progress on the work of the project and the time of completion of the mine.

Chapter IV

THE PROCEDURE FOR LICENSING OF MINERAL ACTIVITY, RESERVES OF RESERVES

MINERALS AND MINERAL DEPOSITS

Item 1

AGENCY RECEPTION, FORM OF RECEPTION, AND RESULTS

What? 27. The agency recepts the mineral activity licensing record, the filing of the mineral reserves, the record closing the mineral deposits.

The agency receives a licensed record of mineral activity, records of mineral reserves, and records that shut down the mineral deposits as follows:

1. The Directorate of Geology and Minerals is the agency that receives a permit for the licensing of the mineral activity; the filing of mineral deposits is under the licensing authority of the Ministry of Natural Resources and Environment.

2. The Office of the National Mineral Reserves Assessment Council is the agency to accept the mineral reserves of mineral reserves in the report of mineral exploration results according to the mineral exploration license under the licensing authority of the Ministry of Natural Resources and Environment.

3. The Department of Natural Resources and Environment is the agency that receives a licensed record of the mineral activity; records of the mineral reserves in the report results in the results of the mineral exploration; the record closed the mineral deposits of the Provincial People's Committee.

What? 28. The adoption form, which returns the mineral activity licensing record, the record for the approval of the mineral reserves, the record closed mineral deposits.

1. Mineral Activity Licensing Records, the mineral closure record is submitted directly or sent through the post office for the regulatory agency specified in paragraph 1 and paragraph 3 Article 27 This decree.

The file for the approval of the mineral reserves is filed directly at the agency receiving the prescribed record at paragraph 2 and paragraph 3 Article 27 This decree.

2. The deadline for resolving the specified profile at paragraph 2 Article 48; paragraph 2 Article 50; paragraph 2 Article 60 and paragraph 2 Article 71 The mineral law is calculated from the date the agency receives the document receiving the receiving text.

3. The return of the results is performed directly at the file reception agency.

Item 2

TEXT FORM IN PROFILE

What? 29. High profile, extension, return of a license, return a portion of the mineral exploration area, transfer of mineral exploration rights.

1. Text in the filing recommended the licensing of the mineral exploration stipulated at paragraph 1 Article 47 The Mineral Law is set up to 01 sets, in the following form:

a) Main version: A proposal to grant a mineral exploration permit; map of exploration of the mineral; the project of exploration of the mineral.

b) The main or copy of the certificate: The commitment to protect the environment on the case of toxic mineral exploration; the confirmation text is auced in the case of the auction of mineral exploitation rights in the unvisited area; certificate certificates register business; the decision to establish a representative office, branch in Vietnam in the event of a foreign business; the text of the bank where the organization, the individual registers the transaction account that confirms the equity under the stipulation at point c. 40 Mineral Laws.

2. Text in the filing of the Mineral Exploration Permit specified at paragraph 2 Article 47 The Mineral Law is set up to 01 sets, in the following form:

a) The main article: A proposed extension of a mineral exploration permit; the results of the results of the results of the exploration of the mineral made up to the time of the proposed extension and exploration of the mineral; the map of the exploration of the mineral.

b) The main or copy of the certificate: the written implementation of the obligation in relation to the polling activity at the time of the proposed extension of the mineral exploration permit.

3. Text in the case returns the mineral exploration permit or return an area of the mineral exploration area stipulated at paragraph 3 Article 47 The Mineral Law is set up into 1 sets, in the following form:

a) The main article: The application to return the mineral exploration permit or return a portion of the mineral exploration area; the mineral exploration permit; the results of the results of the results of the exploration of the mineral made up to the time of the offer to return; the poll area map. mineral, the next mineral exploration plan in the case of returning a portion of the exploration area.

b) The main or copy of the certificate is true: the text that performs the obligation in relation to the poll activity to the time of the offer to return.

4. Text in the transfer filing of the mineral exploration authority stipulated at paragraph 4 Article 47 The Mineral Law is set up to 01 sets, in the following form:

a) The main article: The proposed transfer of mineral exploration rights; the contract to transfer the mineral exploration rights; report the results of the mineral exploration to the time of the transfer of the mineral exploration rights.

b) The main or copy of the certificate: the documents that demonstrate the organization, the transfer individual has completed the prescribed obligation at points b, c, d and e paragraph 2 Articles 42; paragraph 3 Article 43 Mineral Law; the organization's business registration certificate, Individuals receive the transfer of the mineral exploration rights; the decision to establish a representative office, the branch in Vietnam in the event of an organization, the individual receiving the transfer is the foreign business.

What? 30. The profile recommended that the mineral reserves

The text in the file recommends approx the amount of mineral deposits as prescribed at 1 Article 50 The Mineral Law is set up to 01 sets, in the following form:

1. The main article: The proposal to approve the mineral reserves; report results of mineral exploration, appendix, drawings and original material involved; the annex of the award for temporary exposition of mineral reserves; the record of volume, quality, and quality. The number of mineral exploration works of the organization, the individual is granted a license for exploration of the mineral.

2. The main one or copy of the evidence: The mineral exploration project has been deformalized and the mineral exploration license.

3. The data of the specified document at paragraph 1 This is on the CD (01 set).

What? 31. High profile, extension, return of the mineral extraction permit, which returns a portion of the mineral extraction area, transfer of mineral extraction rights to the mineral.

1. The text in the filing recommended that the mineral exploitation license stipulate at 1 Article 59 The Mineral Law is set up to 01 sets, in the following form:

a) The main application for the licensing of the mineral exploitation license; the map of the mining area of the mineral; the mining investment project is accompanied by a decision to approve.

b) The main or copy of the certificate: The decision to approve the mineral reserves of the state agency has jurisdiction; the text that confirmed the auction in the event of auction of mineral exploitation rights in the region has the results of the poll; certificate of certification investment; the report assessment of the environmental impact accompanied by a decision to approve or the commitment to protect the environment with the confirmation paper of the state governing body has jurisdiction; business registration certificates; text confirming equity in accordance with the rules. I mean, at point two, 53 Mineral Laws.

2. Text in the filing of the Mineral Extraction Permit specified at paragraph 2 Article 59 The Mineral Law is set up to 01 sets, in the following form:

a) Main version: A proposal to renew the Mineral Extraction Permit; map of the mining status at the time of the extension; report the results of the mining activity as of the time of the proposed extension.

b) The main or copy of the certificate is true: the proofs have performed the regulation obligations at points a, b, c, e, e, and g paragraph 2 Article 55 Mineral Laws as of the time of the extension offer.

3. Text in the case of return of the mineral mining license or return a portion of the mineral extraction area stipulated at paragraph 3 Article 59 The product is set up to 1 sets, in the following form:

a) The main order: The application to return the mineral exploitation license or return a portion of the mineral extraction area; the mining status map at the time of the offer to return; the license for mining minerals; report of mineral extraction results. property to the time of the offer to return; the project closed the mine in case of return of the mineral extraction permit.

b) The main or copy of the certificate is true: the proofs of the proofs perform the specified obligation at points a, b, c, e, e, and g paragraph 2 Article 55 Mineral Laws as of the time of the offer to return.

4. Text in the transfer filing of the mineral rights to the mineral provisions stipulated at paragraph 4 Article 59 The Mineral Law is set up to 01 sets, in the following form:

a) The main article: The proposed transfer of mineral exploitation rights; the contract to transfer the mineral rights to the mineral, accompanied by the value of the transfer assets; the map of the mining status at the time of the transfer offer; the report results. The mineral falls to the time of the transfer of mineral rights.

b) The main or copy of the certificate is true: the proofs have performed the prescribed obligation at points a, b, c, e and g paragraph 2 Article 55 Mineral Laws as of the time of the organization's transfer, the transfer individual; the certificate of business registration. The company, the organization's investment certificate, is the recipient of the transfer of the mineral rights.

What? 32. High profile, extension, return of the mining license to the mineral collection

1. The text in the licensing record for the extraction of the mineral deposits at paragraph 1 Article 70 of the mineral law is set up to 01 sets, in the following form:

a) The main application of the license to exploit the mineral deposits; the map of the mining sector to the mineral; the investment project for mining minerals is attached to the decision of approval.

b) The main or copy of the certificate: The certificate of investment; the report assessment of the environmental impact accompanied by a decision to approve or the commitment to protect the environment with confirmation by the state governing body of authority; the certificate of registration. sign of business.

2. The text in the filing of the Extraction Permit for the Mining of the mineral is specified at paragraph 2 Article 70 The Mineral Law is set up to 1 order, in the following form:

a) Main version: A proposal to renew the license to exploit the mineral; report the results of the extraction of the mineral product to the time of the proposed extension.

b) The main or copy of the certificate consists of: the proofs of the proofs perform the obligations of regulation at points a, b, c, e, e, and g paragraph 2 Article 55 Mineral Laws as of the time of the extension offer.

3. Text in the case of return of the Mineral Deposition extraction permit prescribed at paragraph 3 Article 70 The Mineral Law is set up to 01 sets, in the following form:

a) The main order: The proposed repayment of the license to exploit the mineral; the license to exploit the mineral deposits; report the results of the resulting mining of the mineral to the point of return of the license; the project closed the mine.

b) The main or copy of the certificate is true: the proofs of the proofs perform the specified obligation at points a, b, c, e, e, and g paragraph 2 Article 55 Mineral Laws as of the time of the offer to return.

What? 33. Mineral mining records

1. The filing component of the mineral deposits that regulates at Article 73 Mineral Law includes:

a) The offer to shut down the mineral mine.

b) The project closed the mineral deposits.

c) The area of the area closed the mineral deposits.

d) The proofs perform the obligation in relation to mineral mining at the time of the mining of the mineral deposits.

2. The text in the filing of the mineral deposits specified at paragraph 1 This is set up to 01 sets, in the following form:

a) The main order: The application to shut down the mineral deposits; the license to exploit the mineral; the project of closing the mineral deposits; the map of the mineral exploitation area at the time of the offer to shut down the mine.

b) The main or copy of the certificate is true: the proofs of the proof have taken place in points a, b, c, e, e, and g paragraph 2 Article 55 mineral law at the time of the proposed closure of the mine.

What? 34. Text template in the mineral activity licensing record, records of the mineral reserves, the record closed the mineral deposits of the mineral.

1. Text in the filing of a licensing offer of mineral activity, records of mineral reserves of mineral deposits, records closed mineral deposits; samples: mineral exploration permits, mineral extraction permits, decision to approve the mineral reserves, decision making, and more. approved the project to close the mineral deposits and decided to close the mineral-built mineral deposits in the country.

2. The Ministry of Natural Resources and Environment issued a sample of specified text at 1 Article.

Section 3

PROCEDURE EXECUTION

What? 35. The procedure for the licensing of the mineral exploration

1. The reception of the proposed filing of the mineral exploration license in the region does not auction the mineral rights to the mineral implementation as follows:

a) When receiving the profile of the organization, the first individual has the need for exploration of the mineral, the agency recepts to publicly announce the name of the organization, that individual, the mineral name and the area location offer the mineral exploration at the agency headquarters and on the site. The electronic information of the agency has a licensing authority.

The time of receiving and announcing the record for the mineral exploration of the institutions, the other individual is 30 days, since the date of the adoption of the organization's mineral exploration offer, the first individual.

b) The rest of the time at this one point the agency receives not to accept the profile and conduct the organization's choice, the individual to grant a license to the mineral polls in accordance with Article 2 Article 13 of this decree.

The time of choice of the organization, the individual to grant a mineral exploration license is 5 working days, since the expiration of the specified deadline at this point.

c) The expiration of the specified deadline at this b point, where the choice of the organization's profile, the individual to grant the probe, the agency to accept the document issued the document, and publicly announce the name of the organization, the individual selected at the agency headquarters and above. The state office of the state agency has a licensed jurisdiction.

For organizations, individuals are not selected to grant a mineral exploration permit, the agency receives a written statement responsibility for the organization, the individual offering the mineral exploration of the reason not being selected.

2. The adoption of the organization ' s mineral exploration proposal record, the individual who hit the mineral rights auction at the undetected area of the mineral was carried out as follows:

a) The organization, the individual who was hit by the mineral rights auction, filed a record for the application of the mineral to the receiving agency.

b) In no more than 2 working days, the agency recepts the case to the responsibility of checking the text, the document is in the file. In the case of the text, the document is correct in accordance with the provisions of Article 47 Mineral Law and paragraph 1 Article 29 of this decree, the agency receives the text of the document receiving the case.

3. The case case recommends an incomplete poll of documents, prescribed documents, or enough but text content, documents in unsecured records as defined by law, the agency receives written instructions for the organization, the individual suggests. Additional mineral exploration, case completion. The instruction, the addition request, complete the profile of the reception agency only performed once.

4. The filing of a mineral poll recommended

In a period of no more than 55 days, since the date of text reception, the receiving agency is responsible for completing the following work:

a) Check the coordinates, area area offering mineral exploration, including field inspection.

b) Send the text to relevant agencies regarding the area of the mineral exploration offering in the case of regulation at paragraph 3 Article 48 Mineral Law.

For a period of no more than 20 days from the date of receiving an opinion of the agency's comment, the agency is given the opinion that it is responsible for responding in writing about relevant issues. After the deadline above without the text of the reply is considered the agency that is agreed to have agreed.

c) The organization for the appraisal of the mineral exploration prior to the license of the mineral exploration license under the order stipulated at Article 36 of this decree.

5. The filing of the mineral exploration license implementation is as follows:

a) In the period of no more than 21 days from the date of completion of the prescribed work at paragraph 4 This, the agency receives a complete responsibility for the case and the probe licensing the state agency with licensing authority.

b) In the period of no more than 07 days of work, since the date of receiving the receiving agency's case, the state agency has the authority to license the decision to grant or not grant a mineral exploration permit. In the absence of a mineral exploration permit, it must be written and clear.

6. Pay up the mineral exploration license note

In the 7-day period of work, since the date of receiving a mineral exploration permit issued from the state agency with licensing authority, the agency recepts notice to the organization, the individual recommended issuing a mineral exploration license to receive results and benefit from the government. There are rules that are relevant under the rules.

What? 36. Appraisal of mineral exploration

1. The self-appraisal of the mineral exploration project under the licensing authority of the Ministry of Natural Resources and Environment is implemented as follows:

a) In a period of no more than 20 days, since the date of the document's reception, the agency receives the search for the probe to take the comments of some experts in the intensive field. The expert opinion time of the expert is no more than 10 days of work, since the agency ' s recommendation of the agency reception.

b) During the period of not over 05 working days, since the day received the opinions of experts, the agency received the responsibility of aggreging the opinions and submitted with the case of a mineral exploration offer to the President of the Council for the appraisal of the poll. The mineral is defined at paragraph 3 This Article (below the call of the Council of the appraisal).

c) During a period of no more than 15 days, since the date of receiving the record recommended for mineral exploration with the opinions of experts, the President of the Council of appraisers decided to hold the session of the appraisal Council.

d) During the period of no more than 05 working days, since the end of the session, the agency received the completion of the appraisal meeting. The case must complement, edit to complete the project or to reposition the mineral exploration project, the agency to receive the filing of the filing of the document stating that the reason not to pass the project or the content needs to be added, complete the poor project under the Council meeting. Yes, the judge.

The time of the organization, the individual recommended to grant additional exploration, finalization or reposition the non-mineral exploration project which did not take into account the time of the mineral exploration project.

2. The self-appraisal of the mineral exploration project under the licensing authority of the Provincial People ' s Commission is implemented as follows:

a) During a period of no more than 20 days, since the date of the document's reception, the agency receives the records for the mineral exploration project to take the opinion of some of the experts in the intensive field. The expert opinion time of the expert is no more than 10 days of work, since the agency ' s recommendation of the agency reception.

b) During the period of not over 05 working days, since the day received the opinions of experts, the agency received the case responsible for aggregation of the opinion and submitted with the filing of a mineral exploration offer to the Provincial People's Committee.

c) During a period of no more than 20 days, since the date of receiving the case of a mineral exploration offer accompanied by the opinions of experts, the Provincial People ' s Committee decided to pass the content of the mineral exploration project to grant or establish the Council. appraisal in case of necessity.

The case must complement, edit the mineral exploration project in accordance with the opinion of the Provincial People ' s Committee or the opinion of the Board of Appraisal, the agency recepts to the filing of the notification of notification stating the reason not through the project or the additional content, complete. It ' s good for the exploration of the mineral.

The time of the organization, the individual recommended to grant additional exploration, finalization or reposition the non-mineral exploration project which did not take into account the time of the mineral exploration project.

3. The Ministry of Natural Resources and Environment provides the organization and operation of the Council for the Appraisal of the mineral exploration project.

What? 37. The procedure for the licensing of the mineral exploitation procedure

1. The reception of the recommended issue of the mineral extraction permit issued as follows:

a) The organization, the individual recommended granting the mineral extraction license filed a certificate of extraction for the agency to receive the case.

b) In no more than 2 working days, the agency recepts the case to the responsibility of checking the text, the document is in the file. In the case of text, documents in the prescribed warranty are correct in paragraph 1 Article 59 Mineral Law and paragraph 1 Article 31 of this decree, the agency receives the filing of documents receiving the document. The case case suggests that the mineral is not fully written, document by statute or sufficient, but text content, document in unsecured records, according to the rule of law, the agency receives written instructions for the organization, Individuals offer additional mineral extraction, case completion. The issuing of the manual text, the addition request, complete the profile of the agency receiving the file reception only once.

2. Profile of the mineral-mining license in the mineral:

a) In a period of no more than 25 days, since the date of text reception, the agency recepts responsibility for completing the inspection of coordinates, area area offer of mineral extraction and field inspection;

b) During the period of not over 05 workdays, since the date of the completion of the prescribed work at this point, the agency recepts the filing of the document to the relevant authorities regarding the granting of the mineral mining license by regulation at point c. No. 2 Article 60 Mineral Law.

In no more than 20 days from the date of receiving an opinion of the agency's opinion, the agency is given an opinion that is responsible for responding to written responses to the relevant issues. After the deadline above without the text of the reply is considered the agency that is agreed to have agreed.

c) In no more than 35 days, the agency recepts the case to complete the appraisal of documents, records, and other content related to the mining of minerals and determining the amount of mineral rights to the mineral.

3. The preliminary implementation of the mineral extraction license is as follows:

a) During the period of not over 5 working days, since the date of the completion of the prescribed work at paragraph 2 This, the agency receives a complete responsibility for the case and the licensing profile for the state agency with a licensed jurisdiction.

b) In the period of no more than 7 working days, since the date of receiving the case of the agency's reception, the state agency has the authority to license the decision to grant or not grant a licence to exploit the mineral. In the absence of a license, you must respond in writing and specify a reason.

4. Notice and return the license to the mineral mining license

In a period of no more than 15 days, since receiving records from the authorities with a licensed authority, the agency recepts the profile to the organization, the individual recommended granting the mineral exploitation license to receive the results and carry out relevant obligations under the law. regulation.

What? 38. The procedure for the procedure to license the mining of the mineral

1. The reception of the recommended record for the mining of the mineral extraction is done as follows:

a) The organization, personally recommended issuing a mining license to the mineral, filed the filing proposal for the agency to receive the case.

b) In no more than 2 working days, the agency recepts the case to the responsibility of checking the text, the document is in the file. In the case of a document, the document is correct in paragraph 1 Article 70 mineral law and paragraph 1 Article 32 of this decree, the agency receives the statement of the document receiving the case.

The case case proposes to exploit the unpublished mineral income, document by statute or sufficient, but text content, documents in unsecured records are correct in accordance with the rule of law, and the agency receives written instructions for the organization. function, the added individual, the complete profile. The issuing of the manual text, the addition request, complete the profile of the agency receiving the file reception only once.

2. Profile of the mineral extraction permit extraction of the mineral:

a) During the period of not over 05 working days, since the date of text reception, the agency receives the responsibility for completing the inspection of the coordinates, area area offer to exploit the mineral and field inspection.

b) During a period of no more than 15 days, the agency recepts the case to complete the appraisal of documents, records, and other content related to the area that offers to exploit the mineral.

3. The filing of the extraction of the mineral extraction license is as follows:

a) For the duration of not over 2 working days, since the date of the completion of the prescribed work at paragraph 2 This, the agency receives a complete responsibility for the case and the licensing profile for the state agency with a licensed jurisdiction.

b) During the period of no more than 5 working days, since the date of receiving the agency's record, the state agency has a licensing authority to decide whether or not issuing a license to exploit the mineral. In the absence of a license, you must respond in writing and specify a reason.

4. Pay up the Certificate of Extraction Permit for the mineral:

During the three-day period of work, since the date of receiving a licensing record of the extraction of mineral deposits from the authorities, the agency receives a notice for the organization, and the individual recommends granting a license to the mineral to receive the results. and perform the relevant obligations under the regulation.

What? 39. Presentation of the extension procedure, transfer, return of an area of land, return the mineral exploration license, the mineral extraction permit; renew, return the Mineral Extraction Permit to the mineral.

1. The reception of the execution profile is as follows:

a) The organization, the individual offering to renew, transfer, return a portion of the area, return the mineral exploration license, the mineral extraction permit; renew, return the mineral-to-mineral extraction permit filed for the agency to receive the case.

b) In no more than 2 working days, the agency recepts the case to the responsibility of checking the text, the document is in the file. In the case of text, the document is in accordance with the law that the document issued the document to receive the case.

The case case is incomplete, prescribed, or sufficient, but text content, documents in unsecured records are correct in accordance with the rule of law, the agency receives written guidelines for the organization, the additional individual, the completion of the profile. Sister, The instruction, the addition request, complete the profile of the receiving agency that the file is made only once.

2. The appraisal of the execution profile is as follows:

a) During the period of not over 5 working days, since the date of the document receiving the record, the agency recepts the responsibility to complete the examination of coordinates, area area offer extension, transfer, return of an area, return the license. Mineral exploration, mineral extraction permit; no more than 03 days for extended cases, return of the mineral extraction permit, including field examination.

b) In no more than 30 days, the agency recepts the case to complete the appraisal of documents, records, and other content related to the extension, transfer, return of an area of area, return the mineral exploration license, the Certificate of Opening. Mineral falls; no more than 5 working days for a limited case, returning the mining license to the mineral.

3. Profile for the agency with a licensing authority:

a) During the period of not over 2 working days, since the date of the completion of the prescribed work at paragraph 2 This, the agency recepts the case to complete responsibility and the profile for the state agency with licensing authority.

b) In the period of no more than 5 working days, since the date of receiving the case of the agency reception, the state agency has a licensing authority to decide whether or not to allow for extension, transfer, return of an area, return the Paper. Mineral exploration, mineral extraction permit; no more than 03 days in case of extension, repayment of the mineral extraction permit. In the absence of permission, it is written and clear.

4. Pay the case resolve results:

In no more than 3 working days, since the date of receiving the records of the state agency has a licensing authority, the agency recepts notice to the organization, the individual offering to renew, transfer, return a portion of the area, return the visit permit. Mineral exploration, mineral extraction permit; no more than 2 days of work, for a limited case, return a mining license to the mineral to receive results.

What? 40. The procedure of implementing the mineral reserves procedure

1. Continue the record of approval of the mineral reserves:

a) The organization, the individual filing a record of the application of the mineral deposits directly at the office of the body receiving regulation at paragraph 2 and paragraph 3 Article 27 This decree.

b) During the period not more than 2 days of work, the agency recepts the case to review, check the profile. In the case, the correct document stipulated at one Article 50 of the mineral law and Article 30 of this decree, the agency receives a notice for the organization, the individual recommended that the approval reserves evaluate the amount of mineral deposits as prescribed. The agency recepts the document to issue the document immediately after the organization, the individual completes the obligation to pay the appraisal of the mineral reserves.

The case case is incomplete or written, according to a document or text content, documents in the filing that are not properly secured by law, the agency receives written instructions for the organization, the individual added, fining the profile. The instruction, the addition request, complete the profile of the reception agency only performed once.

2. The inspection of the mineral reserves report performs as follows:

a) In a time of no more than 30 days, since the date of the receiving text, the agency recepts responsibility for examining the entire report document records; field inspection of the mineral exploration area, the drilling core, moat, well in the case of a need. Yeah.

b) In no more than 60 days, since the day of the end of the work at this point, the agency recepts the filing results report to experts in intensive fields to take comments on relevant content in the report. Mineral exploration. The expert 's response time is not more than 20 days, since the date of receiving the agency' s recommended reception.

c) In no more than 30 days, since the date of the end of the regulation work at this b point the agency receives the case responsible for aggreging of the opinions of experts and preparing records, documents to program the national mineral reserves assessment Council. Or the People's Committee of the Provincial Committee to consider, decide.

The case of the report did not reach a request to present the National Mineral Reserves Assessment Council or the Provincial People's Committee, the agency to receive a written notice of written notice, stating the reason for the organization, personally offering approval of the additional mineral reserves. sung, complete the report, accompanied by a written comment by the experts.

The time of the organization, the individual is fining the report of the mineral reserves that did not count on the time the appraisal of the report.

3. The appraisal of the results of the results of the mineral exploration and approval of the mineral reserves in the poll report is done as follows:

a) In a time of no more than 30 days, since the date of the completion of the prescribed work content at the point of paragraph 2 This, the Chairman of the National Mineral Reserves Assessment Council held the session of the Council; the Provincial People ' s Committee decided the establishment. Or do not set up the Council of Technical ConsultAffairs in paragraph 2 Article 21 of this decree.

b) During the period of not over 5 working days, since the end of the session of the National Mineral Reserves Assessment Council session, the Technical Advisory Council, the agency that received the filing must complete the Council meeting. The case must complement, edit to complete a mineral exploration report in the opinion of the National Mineral Reserves Assessment Council, Technical Advisory Council or Provincial People ' s Committee, the agency recepts to send text messages stating its contents. need to add, complete with the Council meeting.

The time of the organization, the individual recommended to approve the additional reserves, finalization of the mineral exploration report that did not count on the time the appraisal of the report.

c) During a period of no more than 15 days, since the date received the addition of the added poll results, the completion of the organization, the individual offering approval of the reserves, the agency recepts the agency to approve the prescribed reserves at 1 Article. 49 mineral laws.

d) During the period of no more than 05 working days, since the date of receiving the approval of the agency ' s reserves of mineral reserves, the agency has the authority to approve the mineral reserves that issued the decision to approve the mineral reserves in the report. The results of the mineral exploration results.

4. Pay the results of approval of mineral reserves

During the 5-day period of work, since the date of the adoption of the agency ' s case with the authority to approve the mineral reserves, the agency recepts notice to the organization, the individual recommended that the reserves come to receive the results and perform other obligations. All right.

What? 41. The responsibility of the Provincial People ' s Commission in coordinating the appraisal of mineral activity licensing

1. The case of a regional ban on mineral activity, the temporary area banning unapproved mineral activity by regulation, before the licensing of mineral activity under jurisdiction, the Ministry of Natural Resources and the Environment only takes on the text of the Committee on behalf. The provincial population where the mineral deposits are expected to permit mineral activity or are not related to the area for the prohibition of mineral activity, the area temporarily banned mineral activity.

2. As slow as 20 days, since the date received the text of the specified opinion at 1 Article, the Provincial People ' s Committee has the text to respond to the Ministry of Natural Resources and Environment.

Chapter V.

MINERAL FINANCE

What? 42.

The Ministry of Natural Resources and Environment in coordination with the Ministry of Finance regulates the methodology, method of collection, management mode, and the use of money for mining the mineral.

What? 43. The funding for the basic geological investigation of minerals

1. The funding for the basic geological investigation of the mineral made in accordance with the provisions of 1 Article 21 Mineral Law and is supplemated from the reimbursable payment of the underlying investigation of the mineral, the mineral exploration cost, the mineral rights authority. Yeah.

2. Ministry of Finance chaired, in collaboration with the Ministry of Natural Resources and the Environment for the addition of funding for the basic regulatory work of the mineral in accordance with the provisions of this Article 1 Article.

Chapter VI

EXECUTION CLAUSE

What? 44. The transition clause

1. For records that offer a mineral activity licensing, there is sufficient legal conditions under the authority to receive prior to July 1, 2011 under the regulation that continues to resolve on the principle of organization, the individual allowed to operate the mineral. must take obligations under the provisions of the mineral law. The Prime Minister provides specifics on transitional conditions, transitional times.

2. The geological basic regulatory planning of minerals; exploration planning, exploitation, processing, and use of the mineral has been approved under the predefined Mineral Law Day in effect until the mineral planning stipulated at paragraph 1. Article 8 and Article 9 of this decree are approved by the authority to approve and publish by regulation.

What? 45.

This decree has been in effect since 25 April 2012.

Number Protocol 160 /2005/NĐ-CP December 27, 2005 by the Government Regulation and guidelines for the implementation of the Mineral Law (in 1996) and the Amendment Law, which complements certain provisions of the Mineral Law (in 2005) and the Digital Protocol. 07 /2009/NĐ-CP 23 January 2009 of the Government amended, adding some of the provisions of the Fifth Protocol. 160 /2005/NĐ-CP December 27, 2005 of the Government Regulation and guidelines for the implementation of the Mineral Law and Amendment Law, which complements some of the provisions of the Mineral Law out of force since July 1, 2011.

What? 46.

1. The Ministry of Natural Resources and Environment is responsible for the presiding officer, in coordination with the ministries, which is concerned with the implementation of this decree.

2. The ministers, the head of the peer-to-peer authority, the Head of the Government of the Government, the Chairman of the Provincial People's Committee and the organization, the individual is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung