ORDINANCE On mineral resources, to ensure that fair use material needs immediate and long-lasting mineral of economic development-society;
Pursuant to article 19, article 36 and article 100 of the Constitution of the Socialist Republic of Vietnam;
This Ordinance regulates the management and protection of mineral resources in the fields of geological survey, mining and mineral resources protection has not yet tapped.
Chapter I GENERAL PROVISIONS article 1 In this Ordinance the terms below are interpreted as follows: 1-"mineral resource" is the natural material in the solid, liquid, gas still in the ground, including in the waste dump of the mine industry, current or later can exploit , use.
2-"Mine" or "mineral" is the accumulation of mineral resources has the quantity and quality of economic indicators reaching the mineral-mining techniques.
3-"geological survey" is the geological research and exploration, search for mineral resources.
4-"mining" as the operation to take the mineral resources in the mine to produce mineral raw materials, mineral fuels, metals, auto, underground water, mineral water, hot water (referred to as mineral materials) for different user needs.
5-"the mining sector" is part or all of mineral deposits under the surface and boundaries according to the depth specified in the decisions of mining areas or mining licence mineral resources.
6-"the mineral resources exploited yet" is the mineral resources have not been investigated or was investigating geology geology that the competent State authorities have not allowed the exploitation under the provisions of this Ordinance.
Article 2 the entire mineral resources in the Mainland, the continental shelf, the Islands and waters of the Socialist Republic of Vietnam to form the capital of mineral resources of the State, are owned by the whole people, unified management by the State.
Article 3 the State encouraged the Organization of personal investment, labor, materials, money and apply the scientific-technical achievements in the investigation of geological, mining, protection of mineral resources, except for the mineral resources and other specified areas.
The State encourages the institutions, foreign individuals, international organizations, the Vietnam settled in foreign capital investment, technical investigation into the geological, mining and processing of mineral raw materials in Vietnam under the law on foreign investment in Vietnam and this Ordinance.
Article 4 the Organization, individuals seeking investment, exploration of mineral resources if there are results, was the mining investment priority.
The State ensures the Organization, individual mining enjoy the legal rights in the mining sector were delivered, including joint venture exploration, exploitation, consumption, inheritance rights, transfer, assign, sell the works construction in mining area under the provisions of the law.
Article 5 organisation of personal investigation, geology, mining is obliged to perform the management mode, protection of mineral resources, the environment and other resources, guarantee the safety of the mine; lodging taxes and fees as prescribed by the law.
Article 6 prohibits conduct geological investigation, exploitation of mineral resources, using the underground area has mineral resources when not yet competent State agencies allowed under the provisions of this Ordinance.
Article 7 the State management of mineral resources include: 1 – planning and plan the work of the geological survey, mining and mineral resources protection;
2-mode management regulations, protection of mineral resources in the geological survey, mining and mineral resources protection not yet exploited;
3-Delivery and recovery of mining area; allow and suspend mining of mineral resources, geological survey, use of land area, the ground has mineral resources;
4-registration duty to investigate the geology of the area and mining works, the ground must be protected; established contacts and mineral expression; Statistics reserves of mineral resources; Archive of documents about the mining and geological specimens;
5-State inspection on mineral resources and related environmental protection;
6-dispute resolution on the right to investigate the geological, mining, mineral resources protection and handling of breaking the law on mineral resources, the protection of the environment are concerned.
Article 8 the Council of Ministers is unified state management of mineral resources.
The State administration on mineral resources and the State administration of geological survey and mining helped the Council of Ministers in this field.
The Ministry related to the extraction, processing, use of mineral resources is assigned responsibility for management and protection of mineral resources regulated by the Council of Ministers.
The people's Council and people's Committee level are decentralized management and protection of mineral resources in the local scope, scale, nature and importance of the mineral resources regulated by the Council of Ministers.
Article 9 The State bodies, social organizations and citizens have the obligation to protect mineral resources and relevant environment.
The State authorities within the scope of the mission and their powers are responsible for the full review of the recommendations of the social organizations and individuals in the implementation of management measures, protection of mineral resources and the environment are concerned.
The State ensures the interests of local people in the mine to be exploited.
CHAPTER II article 10 Geological Survey Just conducted geological investigation when a permit or decision on approval of the State agency authorized by the Council of Ministers Regulation.
Article 11 before the construction of geological survey projects, organizations, individuals must register for geological investigation mission plans in State administration of geological investigation.
Article 12 the people's Committee levels under the authority is responsible for facilitating the use of the land or land under the provisions of article 13 and Article 39 of the law of the land for the organization or individual to conduct the task of geological survey projects have been registered.
Article 13 when the establishment and construction of geological survey projects, organization, individual geological investigation is obliged: 1-clearly define objectives, contents, extent, scope and methods of the work of the science base, ensuring quality and efficiency;
2-ensure the reliability of the number and quality of mineral reserves, mineral and useful component comes as well as the economic conditions, the mining technique under the provisions of the State on the stage and the level of search, probe;
3-use technical methods, technology to protect mineral resources and related environment, ensure safe;
4-make the deduction, mineral reserves statistics, registration and listing of the mines, mineral expression;
5-submission fees and other obligations made under the provisions of the law;
6-compensation for damage due to the geological investigation of cause.
Article 14 When finished construction of geological survey projects, organizations and individuals responsible for geological investigation: 1-make the preservation of works surveying, geology also need to use, liquidation of geological works to ensure the safety and protection of mineral resources;
2-Set the profile document, reported in geology, geological specimens, and filed the State archives in accordance with the law;
3-The geological report up the State Agency has the authority to approve if the scheme is implemented by the State's capital and to evaluate if the scheme is implemented by the other funds.
Technical-economic indicators used to calculate the mineral reserves have to be built, approval for each mine exploration investment by the State under the provisions of the agency review of mineral reserves.
CHAPTER III MINING article 16 the delivery of mining areas, allowing the exploitation of mineral resources must follow the following bases: 1-policy, planning of economic development-social, mining planning of the State;
2-results of geological survey and mineral resources reserves in the area exploiting;
3-the technical-economic justification of exploitation of mineral resources guarantee the mine was fully exploited, use;
4-financial conditions, economic, technical and professional qualification in geology, mining and management capacity of institutions and individuals exploiting, mining, contract signed;
5-requirements for environmental protection, the protection of historical, cultural, scenic, landscape, ensuring security-defense;
6-State regulations on technical and safety in the mining and processing of mineral raw materials.
Article 17 The decisions of mining areas or allow the exploitation of mineral resources under the authority of the Council of Ministers, the State administration on mineral resources and provincial people's committees, the central cities and the equivalent administrative units.
The Council of Ministers specifies the decentralized delivery of mining areas or allow the exploitation of mineral resources under the principle of ensuring the right to manage focus, consistency of the central State of mineral resources, mines and minerals are the most important for the country or for economic region at the same time ensure exert strength, dynamism, and self-reliance; accordance with the scale of local economic development and management capacity of local authorities.
Article 18 the delivery of land for mining are subject to the provisions of article 13 and Article 39 of the law of the land. The agency allocated land for mining right based on the decisions of mining areas, into the design and planning of exploitation.
Article 19 When arguing the technical-economic evidence and design mining, the Agency argues the certificate or design is responsible for determining: 1-logical layout works on hand, as well as the subterranean structures ensure the maximum recovery of mineral reserves and mine safety;
2-the technical methods, systems, technology and progress of mining, mineral raw material processing technologies guarantee maximum exploitation, use both synthetic minerals, minerals and useful components;
3-use reasonable ground waste rock, peeling; Statistics, preservation of the mineral or rock containing ingredients helpful forced to exploit simultaneously with the main minerals but not used;
4-mining and geological work in surveying of mines must do in the process of building the mine and mining;
5-security measures, protection of the environment concerned; restore the ability to use the land after extraction is complete.
Article 20 When starting to harnessing, organizations, individuals must register for mining areas or mining works in the State administration on mineral resources.
Article 21 organizations, individual mining has the following obligations;
1-compliance with decisions of mining areas, design, diagram of exploitation and processing of mineral raw materials has been approved, the mine safety rules and environmental protection are concerned. When changing the design of extraction or processing of mineral raw materials scheme increases the level of losses of mineral resources have been approved to be State administration on mineral resources allow;
2-make mine surveyor, mining geology; calculation of actual loss, deduction, statistics, balance of mineral reserves under the provisions of the State;
3-implementing measures to reduce the level of losses, artisanal mining to detect more of the mining area are delivered; prevent the arbitrary exploitation of selected high quality mineral, leaving these parts of mineral reserves in the balance sheet; fixed construction or waste rock dump up areas of undeveloped mineral resources;
4-resource tax, fees and perform other obligations prescribed by law; refund of the search fee, the exploration of mines were State or other owner grant;
5-compensation for damage caused by the mining caused; restore the ability to use the land after mining ends.
Article 22 the Organization, individual mining has the following benefits: 1-used mining areas to conduct mining activities in mineral resources according to the decisions of the mining area of State about space, time, number and type of mineral resources;
2-ported, alienation, sale or use of its mining products according to the regulations of the State on the circulation of products which after tax resources and do other obligations prescribed by law;
3-Are considering reducing or exempting the resource tax under the provisions of the law when the geological risk or by applying scientific progress-mining techniques used are minerals and useful components;
4-inherited the right to exploit, transfer, assign, sell his works construction to mining in accordance with the law;
5-Is to compensate actual damage and if required shall be assigned to other mining areas in special cases the mining areas are using revoked because of the needs of the State or society;
6-State guidelines and technical assistance, technology exploration, exploitation and processing of mineral raw materials;
7-Are protected by law when being held, other personal rights legal use of the mining area.
Article 23 When the mine closed for preservation or mine disposal organisation, individual mining must implement measures to ensure the safety of mines; preservation of mining geological material; protection of undeveloped mineral resources and relevant environment.
Article 24 the mining area is revoked, or suspended in the following cases: 1-after one to two years depending on the scale of exploitation, since a decision delivered mining area, construction or mining was not performed without the competent authorities;
2-the deadline is allowed to dig out that the competent authorities are not renewed;
3-mining organizations dissolved or individual is the mining license holder died without a heir mining rights as prescribed by law; not afford, conditions to continue to exploit or intentionally delay the exploit;
4-decisions of mining areas or mining permit not properly authorized under the provisions of article 17 of the Ordinance;
5-necessary use of land in the area of mining for other needs of the State or society according to the decision of the President of the Council of Ministers;
6-the Organization, the individual breach critical mining management regime, to protect mineral resources and relevant environment.
The Agency has the authority to decide the Affairs of the mining area and allow the exploitation of deposits would then have the authority to revoke the mining areas and suspended mineral mined there.
CHAPTER IV PROTECTION of UNDEVELOPED MINERAL RESOURCES article 25 State agencies, social organizations and citizens have the obligation to protect mineral resources not yet exploited; When detect mineral resources must promptly inform the State administration on mineral resources or State administration of geological investigation or the local people's Committee.
The State administration on mineral resources, people's councils and people's committees of the levels have the responsibility to adopt measures to protect undeveloped mineral resources, land use and environmental protection are concerned.
Article 26 State administration on mineral resources along State administration of geological investigation delineated areas where mineral resources are protected.
Planning, design and construction of residential, industrial, irrigation, other fixed works in the areas of mineral resources must be the agreement of the State administration on mineral resources.
Article 27 The special geological formations, rare paleontological collection, other objects in the ground have scientific value of geology are also protected under the provisions of this Ordinance.
Chapter V INSPECTION of STATE for MINERAL RESOURCES Article 28 State administration on mineral resources perform functions of State inspection of mineral resources within the country.
Article 28 tasks of the State inspection of mineral resources include: 1-inspection of the management mode of observance and protection of mineral resources in geological investigation;
2-inspection of the management mode of observance, protection of mineral resources in mining and mineral resources protection has not yet tapped.
Article 30 the State administration on mineral resources has the right to: 1-Union inspector or inspectors responsible for conducting State inspection of mineral resources;
2-a decision forced the Organization, individuals must implement measures to prevent and end the violations of the law on mineral resources;
3-to suspend the investigation of geology, mining and other unlawful employment of mineral resources;
4-sanctioned by authority or recommendations to competent State bodies sanctioning organizations, individuals violating the law on mineral resources and related environmental protection.
Article 31 When State inspectors conducted about mineral resources division inspector or inspectors have the right to: 1-ask the organizations and individuals providing relevant documents and answer the issues necessary for the inspection, conducting technical inspection measures;
2-temporary suspension of the work of the geological survey, mining and other employment law violations has the risk of causing dangerous accidents markedly or large losses of mineral resources;
3-Set the minutes, the sanction under the authority or recommendations to competent State bodies sanctioning organizations, individuals violating the law on mineral resources or protection of the environment are concerned.
Article 32 the people's Council and people's Committee the level monitoring, checking the compliance with legislation on mineral resources in their local.
The level of people's Committee has the right to suspend the investigation of geology, mining mineral resources without a license under the provisions of this Ordinance.
CHAPTER VI DISPUTES Article 33 jurisdiction to resolve the dispute about the right to investigate the geology, mineral resource extraction regulations as follows: 1-State administration of geological investigation of dispute resolution on the rights of the geological survey.
2-the competent authority decisions mining area and allow the exploitation of deposits would then be responsible for resolving disputes about rights to mining and mineral types.
3-people's Committee, central cities and the administrative units is equivalent to resolve the dispute between the implementation of the right to investigate the geology of mining mineral resources, the protection of natural resources and other sectors in the local scope.
4-If litigants do not agree with the decision of the dispute resolution bodies shall have the right to complain to the Agency's direct superior dispute resolution. The decision of the superior bodies that have direct effect.
5-the dispute over right of geological investigation, exploitation of mineral resources in Vietnam that one or both parties is held, foreign individuals are resolved according to the laws of Vietnam, except with the agreement signed between Vietnam with foreign countries or international organizations have different rules.
CHAPTER VII REWARDS and SANCTIONS Article 34 agencies, organizations, individuals with merits in discovering mineral resources, geological objects worth of science; in the management, protection and rational use of mineral resources, depending on the level of achievement, was rewarded on spiritual and material according to the General rules.
Article 35 Who would conduct geological investigation, exploitation of mineral resources without permission, causing the loss of mineral resources beyond the norms, unauthorized use of mineral resource areas to protect, obstructing the lawful conduct of geological survey work, the exploitation of mineral resources and the violation of the provisions of this Ordinance then, depending on the extent and nature of mild or severe behavior that was disciplined, the administrative sanction or prejudice criminal liability under the law.
CHAPTER VIII FINAL PROVISIONS Article 36 PROVIDES the Council of Ministers detailing the implementation of this Ordinance.
The previous provisions contrary to this Ordinance are repealed.
Hanoi, July 1989