Law 46/2005/qh11: Law Amendments And Supplements To Some Articles Of The Law On Mineral Resources

Original Language Title: Luật 46/2005/QH11: Luật sửa đổi, bổ sung một số điều của Luật Khoáng sản

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Law amending and supplementing some articles of the law on mineral resources _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on the Constitution of the Socialist Republic of Vietnam in 1992 was amended and supplemented by resolution No. 51/2001/QH10 on 25 December 2001 of the Xth Congress, session 10;
This law amending and supplementing some articles of the law on mineral resources was the National Assembly of the Socialist Republic of Vietnam passed on 20 March 1996.
Article 1: amendment, supplementing a number of articles of the law on mineral resources as follows: 1. Article 2 is modified and supplemented as follows: "article 2. Scope and objects 1. This law regulates the management and protection of mineral resources, the operation of the basic geological investigation of mineral resources, mineral activities (including prospecting, exploration, extraction and processing of minerals) in solid, gas, mineral and natural; private oil and gas and other natural juices are governed by the laws of another.
2. This law applies to State agencies perform management duties on mineral resources; Mission organization basic geological investigation of mineral resources; organizations, individuals, organizations, foreign individuals, Vietnam who settled in foreign mineral activities in Vietnam; organizations and individuals related to the management and protection of mineral resources.
The case of the international treaties to which the Socialist Republic of Vietnam is a member have other regulations with the provisions of this law shall apply to the provisions of international treaties. "
2. Supplement Article 3a are as follows: "Article 3a. The principle of operation of active mineral prospecting, exploration, extraction and processing of minerals must adhere to the following guidelines: 1. Mineral resources must be protected, exploit, use, save and effectively, to meet the requirements of sustainable development of social-economic front and long;
2. The exploration, extraction, processing and use of minerals is under planning to be competent State agencies; ensuring safe, hygienic and labour; associated closely with the protection of the environment, resources, natural scenery and historical-culture; facilitating infrastructure development, stability, improved local people's lives where there are mining, mineral processing and ensuring defense, security, safety, social order;
3. The scale and technology of extraction, mineral processing must suit the characteristics of each type of minerals, taking socio-economic efficiency of the basic standards to make investment decisions; application of mining technology, advanced processing to enhance recovery factor of maximum main minerals, minerals that come and the value of the processed product; improve the efficiency, quality and competitiveness of mineral products. "
3. Supplement Article 3b as follows: "Article 3b. Mineral planning 1. Mineral planning was established as a territory and by type of minerals, including: a) the planning of basic geological investigation of mineral resources;
b) planned exploration, extraction, processing and use of minerals.
2. the competent mineral planning is defined as follows: a) the Ministry of natural resources and environment of China and the Prime Minister approved the planning of basic geological investigation of mineral resources and direction to the Organization;
b) Ministry of industry and the Prime Minister approved the planning of exploration, extraction, processing and use of minerals, except minerals make building materials, mineral as raw materials for cement production;
c) the Ministry of construction and the Prime Minister approved the planning of exploration, extraction, processing and use of mineral building materials, mineral as raw materials for cement production;
d provincial people's Committee), central cities held up and the people's Councils at the same level through the planning of exploration, extraction, processing and use for other types of minerals in the licensing authority specified in point b of paragraph 1 Article 56 of this law.
3. The Government regulating the establishment and implementation of mineral planning. "
4. Article 5 be amended and supplemented as follows: "article 5. The State's policy on minerals 1. State investment for planning, basic investigation of geological mineral resources consistent with strategy, planning, planning of socio-economic development in each period; training, human resource development, scientific research, technology development and application in the work of the basic geological investigation of mineral resources.
2. the State creates conditions for the Organization, individuals involved in investment in exploration, mining, mineral processing.
3. The State has preferential policies to encourage investment in the project associated with the mining and processing of minerals in the premises there are social-economic conditions are difficult, the socio-economic conditions particularly difficult; the project has applied techniques, advanced technology, ensuring maximum recovery, environment the components of interest, making the products of metal, alloy or valuable products and social-economic efficiency; mineral processing projects imported to meet the demand of domestic and export use.
4. Restrict the export of minerals in the form of raw material, iron ore. Issuing category, condition and standard export minerals, mineral export restrictions by the Government.
5. the State has a policy of investing in exploration for some kind of important minerals serve the plan for socio-economic development of the country; ensure State budget for protecting mineral resources.
6. State protection of the rights and legitimate interests of organizations, individuals in mineral operations in accordance with the law; encourage organizations and individuals to join the insurance business for the exploration, exploitation and processing of minerals. "
5. Article 8 is amended and supplemented as follows: "article 8. These acts prohibited the State prohibits the following acts: 1. basic geological investigation of mineral resources, survey, exploration, exploitation, processing, storing, transporting, selling and buying illegal minerals;
2. Violation of mineral Planning Department banned, temporarily banning the mineral activities;
3. Do not perform properly the obligations in the operation of minerals as defined in articles 23, 27, 33, 46 and 52 of this law;
4. Disclose information on the mineral resources in State secrets;
5. Taking advantage of position and powers to the rules of the law on mineral resources;
6. other prohibited acts under the provisions of the law on mineral resources. "
6. Article 9 is amended and supplemented as follows: "article 9. The responsibility to protect mineral resources 1. Ministry of natural resources and the environment determines the areas of mineral resources has been investigated, evaluated and reported to the provincial people's Committee, the central cities in order to manage and protect.
2. The people's Council, the people's Committee in the scope of its powers, the mission is responsible for implementing measures to protect the local mineral resources, including areas not yet Ministry of natural resources and environment announced but discovered minerals.
3. organizations and individuals have the right and obligation to protect mineral resources, preserving State secrets about the mineral resources.
4. organizations or individuals are allowed to operate the minerals responsible for protection of mineral resources in the area are active.
5. organizations and individuals planning to build residential focus, fixed work in the areas of mineral resources has been investigated, evaluated or reviewed, approved mineral reserves are included comments by the State administration on mineral resources authority prescribed in clause 1 Article 56 of this law when planning.

The Government in the preparation and approval of the construction plan of Defense and security in the areas of mineral resources has been investigated, reviews. "
7. Article 41 be amended and supplemented as follows: "article 41. Mining, mineral processing do the conventional construction materials 1. Extraction and processing of minerals made of conventional construction materials must comply with the regulations on mining of this law.
2. Extraction, mineral processing do the conventional building materials, except for sand, gravel rivers, with a capacity of no more than 100,000 mining m3/year and time extraction, including grace period not exceeding five years are not required to conduct mineral exploration.
3. The case of mining, mineral processing, construction materials typically permit not following exploitation: a) mineral building material typically made within the land area of the project works was the State Agency has the authority to approve or allow investments that mining products can only be used for the construction of the process.
Before conducting mining, mining rights organizations must register the area, volume, capacity, methods, equipment and mining plan at the provincial people's Committee, the central cities. The management and use of mineral extraction is done in accordance with the law;
b) mineral building material typically made in the land of households, individuals are used according to the provisions of the law on land that only mining products to serve the construction of individual households.
4. The Government issued the list of mineral building materials usually do. "
8. Supplement Article 43a as follows: "Article 43a. Mining in the area of project construction investment 1. The exploitation of minerals in the area have investment projects in construction, except the work prescribed in clause 2 of this Thing is done according to the following rules: a) for the area was investigations, evaluation of mineral resources or have yet to be investigated, judged that the mineral discoveries, the competent State bodies specified in paragraph 1 to article 56 of the This law decide the probe as the basis for licensed harness before the project is approved or licensed investment;
b) for areas not yet survey of mineral resources in the process of building the discovery of minerals, the competent State Agency specified in clause 1 Article 56 of this law, exploitation, or decisions not to exploit; the decision to progress in case of exploitation in order to guarantee the progress of the construction works. In this case, are not required to conduct mineral exploration.
2. for public investment projects of national importance under the investment policy decision of Parliament or important work has advocated government investment, the Prime Minister, has been investigating, reviews about mineral resources or have yet to be investigated , reviews that have detected minerals, the Ministry of natural resources and environment is responsible for chairing, in cooperation with relevant ministries and people's committees, the central cities where public works decided the exploitation and licensing of exploitation according to the jurisdiction rules in paragraph 56 of this Law Article 1, to ensure the progress of the construction works.
3. In case it deems the mining provisions in clause 1 and clause 2 of this ineffective or no organization or individual exploiting the competent State Agency specified in clause 1 Article 56 of this law decided not to dig and have the text answer to the investment decision , the Licensing Agency for investment or owner.
4. Mining Regulations in clause 1 and clause 2 of this that the Organization, individuals are allowed to mining is not the owner of works has been the State of affairs of land, land rental, then the use of land for mining due to the two parties to the agreement in accordance with the law of the land. "
9. Article 49 is amended and supplemented as follows: "article 49. Artisanal mining 1. Artisanal mining is done for the rest of the minerals in the mine had decided to close the mine waste dumps or to liquidate in mining, processing of mine has decided to close the mine.
2. artisanal mining licences granted minerals before the date this law in force was continued until the license is expired. "
10. Article 55 be amended and supplemented as follows: "article 55. Responsible for managing the State on minerals 1. The unified Government in State management of minerals.
2. Ministry of environmental resources and responsible to the Government implement state management of mineral resources within the country.
3. Ministry of industry state management implementation on the mining industry, mineral processing, except minerals make building materials, mineral as raw materials for cement production.
4. Ministry of construction make governance about the mining industry, mineral processing, building materials, mineral as raw materials for cement production.
5. the people's Committee of the level of implementation of State management of the minerals in the local jurisdiction.
6. The ministerial-level agencies, within the scope of the mission, his powers have a responsibility to coordinate with the Ministry of natural resources and environment, Ministry of industry, Ministry of construction and the people's committees, the central cities in the State management of the minerals.
7. The Council reviews the mineral reserves have the authority and responsibility to help the Government in the evaluation, review of mineral reserves in mineral exploration reports, except minerals do common building material and peat.
8. The Government specifies the authority, responsible for the governance of the Ministry of mineral resources and environment, Ministry of industry, Ministry of construction and the people's Committee; Organization and operation of the Council reviews of mineral reserves. "
11. Article 56 is amended and supplemented as follows: "article 56. Jurisdiction, procedures, renewed, revoked the license of mineral operations 1. The authority to grant, renew, recover, allowing the return of active mineral permits, allow the transfer of active mineral rights are defined as follows: a) the Ministry of natural resources and the environment licensing survey, exploration permit, license, license exploitation and processing of minerals, except for cases specified in point b of this paragraph;
b provincial people Committee), central cities licensed artisanal mining for minerals as defined in article 49 and article 50 of this law; Survey license, the license for exploration, mining permits, license processing minerals do common building material and peat; mining license, the license for the minerals processing area was investigations, reviews or polls, approval of mineral reserves that are not in planning extraction, mineral processing of the country was the State Agency has the authority to approve or not the reserve of the national mineral resources;
c) State agencies have the authority to grant the license type mineral operations would then have the right to renew, revoke, lets return the license type that and allow the transfer of active mineral rights under the provisions of the law.
2. Government regulation of conditions, procedures, renewal, revocation, return the license allows mineral activity, allowing transfer of inheritance rights to mineral activity, mineral activities registration. "thing 2 1. Repealed Article 48 of the law on mineral resources.
2. Replace the phrase "paragraph 1 and 2 article 5" in paragraph 1 article 21, paragraph 1, and article 25 paragraph 2 article 31 by the phrase "paragraph 3 article 5".
Article 3

1. This Act has effect from 1 October 2005.
2. Government regulations and detailed guidelines for implementing this law.
This law was the National Assembly of the Socialist Republic of Vietnam, the POKER session key 7 through June 14, 2005.
 

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