Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law on mineral 20 March 1996 and the law amending and supplementing some articles of the law on mineral resources on June 14, 2005;

Considering the recommendation of the Minister of natural resources and the environment, the DECREE: article 1. Modifying, supplementing a number of articles of Decree No. 160/2005/ND-CP on December 27, 2005 by the Government detailing and guiding the implementation of the law on amending Law, minerals and supplement some articles of the law on mineral resources (hereinafter the Decree No. 160/2005/ND-CP) as follows: 1. additional paragraph 2a and modified supplement paragraph 3 of article 3 as follows: "2a. Identified, approved and announced the tender areas of exploration, mining tender according to the provisions of article 22 (amendments and supplements) of Decree No. 160/2005/ND-CP; organizing the implementation of tender according to the rules.

3. Identify areas of mineral resources has been investigated, judged according to the provisions in clause 1 article 9 of the law on mineral resources; provide for the Industry, The building materials of the investigation, a review of mineral planning service of exploration, extraction, processing and use of minerals; determined, the Prime Minister decided to reserve areas of the national mineral resources as specified in Article 23a (amendments and supplements) of Decree No. 160/2005/ND-CP; delineated areas with toxic minerals according to the provisions of article 15 of the Mining Act and notify the relevant State agencies; the Organization made the inventory of mineral reserves was approved on nationwide. "

2. paragraph 1 point b; item 2 article 4 is modified and supplemented as follows: "b) in collaboration with the Ministry of natural resources and the environment determines the tender areas of exploration, mining tender according to the provisions of article 22 (amendments and supplements) of Decree No. 160/2005/ND-CP;

2. Ministry of industry and Commerce issued a category, the standard terms and conditions of export, export restrictions with regard to minerals, except minerals make building materials, mineral as raw materials for cement production; The Ministry of construction issued the list, standard terms and conditions of export, export restrictions for making mineral building materials, mineral as raw materials for cement production. ''

3. Point b and point g, paragraph 1 article 6 is modified and supplemented as follows: "b) presiding, in cooperation with the Ministry: resources and the environment, Trade, construction, defense, public security, culture, sports and tourism, agriculture and rural development, transport, civil affairs and the Ministry of related sectors delineated, and approved by the regional mineral activities according to the provisions of article 20 (amendments and supplements) of Decree No. 160/2005/ND-CP; delineated, the Prime Minister's decision to approve the temporary prohibited area mineral activities according to the provisions of article 21 of Decree No. 160/2005/ND-CP;

g) defined, approved and announced the tender areas of exploration, mining tender according to the provisions of article 22 (amendments and supplements) of Decree No. 160/2005/ND-CP; organizing the implementation of the prescribed tender; ''

4. Point the DD and e point paragraph 3 article 12 be amended and supplemented as follows: "dd) express the area of the reserve of the national mineral resources has been the Prime decisions;

e) express the area, temporarily banning the mineral activities and tender areas of exploration, mining tender have been approved by the authority under regulation; '

5. additional d item 2 article 17 as follows: "d) case please license the mining building materials usually are not required to conduct the probe clause 2 Article 41 (amendments and supplements) of the law on mineral resources, in addition to the conditions prescribed in point a , b and c of this paragraph, and ensure conditions of exploitation are only used for the maintenance, repair infrastructure, Dyke. ''

6. Point d point e, paragraph 1; item 2 article 20 be amended and supplemented as follows: "d) In the hallway or the scope of protection of works in the transport infrastructure corridors, protect high-voltage power grid safety, irrigation, dikes, information;

 e) municipalities, trade, tourism or the process of critical infrastructure; industrial area, except in the area of processed minerals projects.

2. provincial people's Committee decided to approve the zone to mineral activity after the written comments of the ministries concerned and notified in writing to the Ministry of natural resources and environment, Ministry of industry and trade and the Ministry of construction after being approved. "

7. Article 23 was amended and supplemented as follows: "article 23. The tender areas of exploration, mining tender 1. The tender areas of exploration, mining tender covering the following areas: a) the area was investigations, reviews the potential mineral resources by funding from the State budget, there are prospects of mineral resources was approved as the authorized procurement areas mineral exploration;

b) Mineral Deposits have been probed by funding from the State budget was approved as the authorized procurement areas of mineral extraction.

2. The authority, responsible for defining, approved and announced the tender areas of exploration, mining tender: a) the Ministry of natural resources and the environment, in collaboration with the Ministry of industry and trade, the Ministry of construction determines the tender areas of exploration, mining tender, except in the areas under the jurisdiction of the people's Committee approval the level specified in point g of paragraph 1 Article 6 (amendment, addition) of Decree No. 160/2005/ND-CP and approved by decision after the opinion written by the Industry, the Ministry of construction;

b) provincial peoples Committee determine, approve the tender areas of exploration, mining tender for minerals in the licensing authority specified in point b of paragraph 1 Article 56 (amendments and supplements) of mineral Law and item 2 Article 26 (amendments and supplements) of Decree No. 160/2005/ND-CP;

c) Ministry of natural resources and the environment, the provincial people's Committee announced the tender areas of exploration, mining tender after being approved.

3. Ministry of environmental resources and hosted, in cooperation with the Ministry of finance, the Ministry of industry and trade, the Ministry of construction stipulates the principles and methods of valuation of mineral resources as the basis of bidding for mineral extraction.

4. Ministry of environmental resources and coordinated with the Ministry of planning and investment, Ministry of finance, Ministry of industry and trade and the Ministry of construction process of the Prime Minister issued the tender regulations for exploration, mining tender. ''

8. Supplement Article 23a as follows: "Article 23a. The area contains minerals in mineral resources reserves of countries 1. The area contains minerals in mineral resources reserve includes areas: a) has been investigating, evaluating the potential mineral resources, exploration or approval of mineral reserves should reserved for the goal of sustainable development;

b) Has the premise of geology and promising signs about mineral resources but not yet evaluated the potential mineral resources, exploration or approval of mineral reserves.

2. Ministry of environmental resources and coordinated with the Ministry of industry and trade, the Ministry of construction and the Prime Minister's decision to approve the reserve area of the national mineral resources.

3. active prospecting, exploration and exploitation of mineral resources in the area of mineral resources reserves of countries only after they are approved by the Prime Minister. ''

9. additional amendments clause 2 Article 26 as follows: "2. The area of the area has resulted in reviews of potential mineral resources has been the competent State agencies for approval that is not in the master plan for exploration, exploitation and processing of mineral resources of the country or is not in the area of mineral resources reserves in the country authorized to license the exploitation mineral processing of provincial people's committees specified in point b of paragraph 1 to article 56 of the law on mineral resources. "

10. Item 2 Article 29 be amended and supplemented as follows: "2. the exclusive exploration fees are calculated according to the following rules: first year: VND 50,000/ha/year; 

Second year: 80,000/ha/year; 

Year 3 and 4:100,000/ha/year. ''

11. Article 45 is amended and supplemented as follows: "article 45. The responsibility of the provincial people's Committee in coordinating the evaluation license for exploration, mining and mineral processing 1. Event zone, temporarily banning the mineral activity has not yet been approved and announced under the rules, before the exploration permit for mineral extraction or mining licence, mineral processing according to the authority, the Ministry of natural resources and the environment are just opinions written by the provincial people's Committee where the minerals of the area projected exploration license to mining or mining area or building area mineral processing plants with or without regard to the forbidden area, temporarily banning the mineral activities.

2. provincial people's Committee chaired, in coordination with the ministries concerned check, define the expected area licensed for exploration to mining or mining area or building area mineral processing plants with or without regard to the forbidden area the temporary prohibited activity, mineral and answered The resources and the environment in writing at the latest within thirty (30) days from the date of the writing consult the Ministry of natural resources and the environment.

3. in special cases, the need for exploration or exploitation of mineral resources in the area or temporarily banning the mineral activities, State authorities have the authority to license prescribed in clause 1 Article 56 of the law on mineral resources to report the Prime Minister to review the decision. ''

Article 2. Replace the phrase "The industry" in article 4, article 6, article 12, article 21, article 22, article 37, article 41 and article 42 of Decree No. 160/2005/ND-CP by the phrase ' ' Industry ' ', and the phrase "Industrial Property" in clause 2 article 6 of Decree No. 160/2005/ND-CP by the phrase ' ' Department of Industry ' '.

Article 3. The Decree has effect after 45 days from the date of signing.

The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.