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The Decree 160/2005/nd-Cp: Detailed Rules And Guidelines For Implementing The Law On Minerals And The Law Amending And Supplementing Some Articles Of The Law On Mineral Resources

Original Language Title: Nghị định 160/2005/NĐ-CP: Quy định chi tiết và hướng dẫn thi hành Luật Khoáng sản và Luật sửa đổi, bổ sung một số điều của Luật Khoáng sản

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The DECREE detailing and guiding the implementation of the law on amending Law, minerals and supplement some articles of the law on mineral resources _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on mineral Mar. 1996 and law amendments and supplements to some articles of the law on mineral Jun. 14, 2005;
According to the recommendation of the Minister of natural resources and the environment, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree, detailing and guiding the implementation of the law on mineral resources are key Congress IX session through March 1996 and the law amending and supplementing some articles of the law on mineral resources are key Congress IX session Saturday through July 14, 2005 (hereinafter referred to as the law on mineral resources).
Article 2. The object to apply the applicable object of this Decree include: 1. State administration on mineral resources; the State administration for industry of extraction and processing of minerals.
2. mission organization basic geological investigation of mineral resources.
3. organizations and individuals active in minerals (including prospecting, exploration, extraction and processing of minerals).
4. organizations and individuals related to the management and protection of mineral resources.
Chapter II ADMINISTRATION of MINERALS article 3. The authority and responsibility to manage the State of the Department of mineral resources and environment, Ministry of natural resources and environment management functions of State for minerals as defined in clause 2 Article 55 of the law on mineral resources, has the authority and responsibility to: 1. The Government of the law project and the legal text on mineral resources; the Players thought the Government issued or issued under the authority of the legal text of the basic geological investigation of mineral resources, management, protection of mineral resources and mineral activities.
2. building and directing the implementation of planning, planning fundamentals of geological survey mineral resources within the country; approval of the project, the results of reports about basic geological investigation of mineral resources using State budget funds under the State plan for communication with other units of the management scope.
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; provides for the Ministry of industry, Ministry of construction material investigations, reviews of mineral planning service of exploration, extraction, processing and use of minerals; 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 have been approved on the nationwide.
4. Granted, renewed, revoked, allowing the return of active mineral permits, allow the transfer, allowing continued active mineral rights in the case of inherited, according to the authority stipulated in art. 56 of the mineral Law Thing.
5. Advocacy, popular mineral legislation, instructions, check the local branches, organizations and individuals in the implementation of the law on mineral resources; inspection, check the operation of the basic geological investigation of mineral resources, mineral activities and the management and protection of mineral resources.
6. resolution of disputes, complaint, report on the operation of the basic geological investigation of mineral resources and mineral activity under the jurisdiction specified in article 57 of the mineral Law and law on complaints and denunciation.
7. hold the register, collect and aggregate the results of fundamental geological investigation of mineral resources, mineral activities on the situation nationwide; hosted archive, manage documents and specimens of mineral resources in accordance with the law.
8. the Council reviews the mineral reserves.
Article 4. The authority and responsibility to manage the State of the mining industry, mineral processing of the Ministry of industry and Ministry of construction 1. The Ministry of industry and Ministry of construction management functions of State for mining industry, mineral processing as defined in clause 3 and clause 4 Article 55 of the law on mineral resources, has the authority and responsibility: a) The Government policy, strategy, planning, planning of exploration, mining , processing and use of minerals in the range is assigned to manage; directing and inspect work done after approval;
b) The Prime Minister approved the tender areas of exploration, mineral extraction as defined in clause 2 Article 23 of this Decree;
c) issued regulations on the standards, processes, technologies of extraction and processing of minerals;
2. Ministry of industry issued a category, condition and standard export minerals, mineral export restrictions.
Article 5. The Organization and operation of the Board reviews the mineral reserves of 1. The Council reviews the mineral reserves in the Ministry of natural resources and the environment. The composition of the Board reviews the mineral reserves due to the Prime Minister to decide.
2. The Council reviews the mineral reserves to help the Government implement the following tasks: a) the evaluation, review and approval of mineral reserves in mineral exploration reports, except minerals do common building material and peat;

b) mineral reserves statistics, except minerals do common building material and peat, to provide for the relevant planning authority for exploration, exploitation, processing and use of minerals;
c) appraisal regulations on mineral reserves and hierarchical rules about content report exploration mineral reserves assessment to the Minister of natural resources and the environment;
d), recognition review target computer in mineral reserves.
Article 6. The authority and responsibility to manage the State of the people's Committee of minerals people levels 1. Provincial people's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee) has the authority and responsibility: a) issued under the authority of the text tutorials made the State's regulations on the management of mineral resources, the protection and management of mineral activities locally;
b) presiding, in cooperation with the Ministry of natural resources and the environment, planning and investment, industry, construction, defense, public security, culture and information, agriculture and rural development, transport, tourism delineated the Prime Minister decides the mineral activity area according to the provisions of article 20 of this Decree , delineated, the Prime Minister decided the area temporarily bans operation of minerals as defined in article 21 of this Decree;
c) 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 to article 56 of the law on mineral resources;
d) directed propaganda organization, popular education and the law on mineral resources; implementation of measures to protect the environment, mineral resources and other natural resources in accordance with the law; ensuring security, social order in the mineral area;
DD) approved in the reserves of mineral exploration reports do common building material and peat;
e) granted, renewed, revoked, allowing the return of active mineral permits, allow the transfer, allowing continued active mineral rights in the case of inherited, according to the authority specified in point b of paragraph 1 to article 56 of the law on mineral resources;
g) The Prime Minister's decision to approve and announce the tender areas of exploration, mineral extraction do conventional building material and peat; minerals in the area was investigations, reviews or exploration, approval is not in the capacity planning of mining exploration, mineral processing of the country is the State Agency has the authority to approve or not the reserve of the national mineral resources; organizing the implementation of tenders prescribed after being approved;
h) directing the inspection, inspection of the enforcement of legislation on local minerals; solve or resolve disputes, complaints, accusations of mineral operations and handle breach of the laws on local minerals under the jurisdiction specified in article 57 of the law on mineral resources and the law on complaints and denunciations;
I) resolving land allocation, land rental to mineral activity locally according to the rules of the law of the land.
2. The Department of natural resources and environment, Department of industry, Department of construction helps provincial people's Committee to implement state management functions of minerals; mining industry, mineral processing. The duties and powers of the Department of State management: resources and the environment, industry, building by the Minister of the environment and natural resources Ministry: industry, building regulations.
3. the people's Committee of the district, the County, towns and cities in the province; Communal people's Committee, Ward, the competent and responsible management of minerals as defined below: a) implement measures to manage, protection of mineral resources, environment, labor safety in mineral activities; ensuring security, social order in the mineral area;
b) settlement under jurisdiction of land allocation procedures, land rental, use of infrastructure and other related issues for the Organization, individuals are French exploration, mining, mineral-processing locally in accordance with the law;
c) propaganda, education, common mineral legislation; processing the violation under the provisions of the law.
Chapter III FUNDAMENTAL GEOLOGICAL INVESTIGATION of MINERAL RESOURCES article 7. Basic investigation of activities of geological mineral resources activities basic geological investigation of mineral resources include: 1. Investigate, detect potential mineral resources simultaneously with the establishment of the regional geology map types, geological disaster, environmental geology, geology of marine minerals thematic maps, and research topics of geology and mineral resources.
2. Assessment of potential resources, mineral or mineral group according to the type and for the promising geological structures in order to detect new deposits.
Article 8. Active management of basic geological investigation of mineral resources 1. Basic investigation of activities of geological mineral resources is done simultaneously with the basic geological investigation and according to the master plan, the State's plan.

2. Base the planning of basic geological investigation of mineral resources was approved by the Prime Minister and the State budget plan, ministries, ministerial agencies, appraisal organization approved the scheme, reports the results of the basic geological investigation of mineral resources by the subdivisions made.
3. Ministry of environmental resources and the regulation on the content of the project basic geological investigation of mineral resources, the state geological storage and geological Museum; issued norms, unit price in basic geological investigation of mineral resources.
Article 9. Rights and obligations of the organization doing the work of basic geological investigation of mineral resources 1. Organization of work of the basic geological investigation of mineral resources have the following rights: a) to conduct basic investigations activities geology of mineral resources according to the project has been approved by the competent authority and the plan was delivered;
b) was rewarded when there are achievements in research work, new findings in geology and mineral resources;
c) sent samples abroad for analysis tested under the scheme were competent State agencies for approval.
2. Organization of work of the basic geological investigation of mineral resources have the following obligations: a) made the process, legal, technical-economic norms in the functioning of basic geological investigation of mineral resources;
b) ensure the integrity, completeness in collecting, General information materials about geology and minerals; preserving State secrets the information on the geology and mineral resources in accordance with the law;
c) environmental protection, mineral resources, other resources in the process of basic geological investigation of mineral resources;
d) filing reports results of basic geological investigation of mineral resources on hosting geological and geological specimens, minerals in the geological Museum of the Ministry of natural resources and the environment.
Article 10. Store the results of the basic geological investigation of mineral resources 1. Report the results of the basic geological investigation of mineral resources and geological specimens, minerals must be registered and preserved in the archives of geology and the geological Museum of the Ministry of natural resources and the environment.
2. The storage agencies in geology and the geological Museum is responsible for preserving State secrets about data, information about mineral resources, geological specimens, minerals; creating favorable conditions for organizations, personal references, use the data information about mineral resources in accordance with the law.
Chapter IV MINERAL PLANNING article 11. Planning basic survey of geological mineral resources 1. The planning of basic geological investigation of mineral resources should be based on the following bases: a) strategy, planning, planning of socio-economic development, defense and security of the country;
b) results of the investigation, a review of minerals made; characteristics of geological structures have potential and prospects of the mineral.
2. The content of the planning of basic geological investigation of mineral resources include: a) geological mapping and mineral investigation the rate 1/50,000 or 1/25000; build data system basis, information on the geology and mineral resources;
b) reviews the potential mineral resources on the side and bottom depth for each type, mineral group; identify promising areas of mineral resources;
c) identify investment scale and the demand for the equipment, techniques, methods of analysis, experimentation to serve basic geological investigation of mineral resources;
d) solution, the progress of implementation planning.
3. Ministry of environmental resources and directing implementation planning basic survey of geological mineral resources after it is approved by the Prime Minister.
Article 12. The planning of exploration, extraction, processing and use of minerals 1. The planning of exploration, extraction, processing and use of minerals must ensure the following principles: a) extraction, fair use, savings, efficient mineral resources serves for immediate needs, while taking into account the development of science, technology and the demand for minerals in the future;
b) ensuring environmental protection requirements, natural scenery, historical-cultural, landscape and other natural resources;
c) planned exploration, extraction, processing and use of local minerals are consistent with planned exploration, extraction, processing and use of mineral resources of the country has been the Prime Minister for approval.
2. planning for The exploration, exploitation, processing and use of minerals should be based on the following bases: a) strategy, planning, planning of socio-economic development, defense and security;
b) results of basic geological investigation on the mineral resources of the country;
c) natural conditions, social-economy in the region has minerals and the needs of the market;
d) progress in science and technology in the exploration, exploitation, processing and use of minerals;
DD) results of planned exploration, extraction, processing and use of mineral of the same type previously.
3. The content of the planning of exploration, extraction, processing and use of minerals include: a) investigation, research, synthesize and evaluate natural conditions, socio-economic status and exploration, extraction, processing and use of minerals;

b) reviews the implementation of the master plan of exploration, extraction, processing and use of the products of the same type of securities; determine the goal of exploration, extraction, processing and use of minerals, mineral needs in each period;
c) identified areas, mines and mineral investment in exploration, extraction and processing;
d) identified the area restrict mineral activity, active bidding area of minerals;
DD) determine the area of the reserve of the national mineral resources;
e) express the area, temporarily banning the mineral activity has been approved by the Prime Minister;
g) orientation of investment, science, technology, exploration, extraction and processing of minerals;
h) solution, the progress of implementation planning.
4. Responsible for directing, inspecting, monitoring the implementation of planned exploration, extraction, processing and use of minerals are defined as follows: a) The industry direction, checking, monitoring the implementation of planned exploration, extraction, processing and use of minerals, except minerals made of building materials , mineral as raw materials for cement production, after it was approved by the Prime Minister;
b) Ministry of construction directs, checking, monitoring the implementation of planned exploration, extraction, processing and use of mineral building materials, mineral as raw materials for cement production, after it was approved by the Prime Minister;
c) provincial people's Committee organizing direction, check the implementation planning of exploration, extraction, processing and use for other types of minerals in the licensing authority specified in point b of paragraph 1 to article 56 of the law on mineral resources after the people's Council the same level through.
Chapter V PRECIOUS MINERALS, rare, PARTICULARLY TOXIC and article 13. Precious minerals, rare minerals, rare precious metal minerals are common in native form or mixed with other metals, minerals, precious diamond group has special economic value, used in the engineering industry, high technology or to make jewelry , including: gold, silver, Platinum, diamond, ruby, sapphires (corindon) and emơrot.
Article 14. Special and toxic minerals 1. Special minerals and toxic is radioactive, metallic minerals and mineral type rare earth containing toxic or radioactive elements, but use high-value in the industry, but has a bad impact on the environment, including: Uranium (U), thorium (Th), lanthanum (La), selenium (Se), prazeodim (Pr) neodim, (Nd), samarium (Sm), europium (Eu), gadolinium (Gd), tebi (Tb), diprozi (Dy), honmi (H.), eribi (Er), Eno (Tm), ytecbi (Yb), lutexi (Lu), ytri (Y) and deposits of mercury, arsenic, and lead-zinc-asbestiform.
2. the exploration, mining, mineral processing is particularly toxic and must comply with the provisions of the law on mineral resources, and the provisions of the law on safety and radiation control.
Chapter VI DO MINERAL BUILDING MATERIALS USUALLY article 15. How do mineral building materials typically made of mineral building materials typically include mineral composition, physical properties, texture, color or other properties do not meet the requirements as raw materials to processing, the production of high-value products over conventional materials minerals under Vietnam's standard.
Article 16. List of minerals made of conventional construction materials 1. Sand types (except white sand silica) SiO2 content less than 85%, without the minerals casiterit, volfiamit, monazite, zircon, ilmenite and gold accompaniment.
2. brick making, Clay tile according to the standards of Vietnam, the type of clay (bentonite clay, kaolin clay minus) does not meet the requirements for the production of ceramic products built according to the standards of Vietnam, producing refractory samot Vietnam or standard cement production by Vietnam standards.
3. Rock sandstone, stone quarzit with less than 85% SiO2, does not contain metallic minerals, native metals, radiation, rare elements or unsatisfactory paving stones do, stone carving by standard Vietnam.
4. Types of sedimentary rocks (except the rocks contain keramzite, diatomite), magma stone (except basalt columns form, form), metamorphic rocks contain no metallic minerals, native metals, gemstones, semi-precious and radiation elements, rare, does not meet the requirements made of stone, stone carving by standard Vietnam and Vietnam standards , not qualified as raw materials market (felspat) ceramic product manufacturing building Vietnam standards.
5. types of shale, except slate roofing, slate and shale containing mineral medium, serixit or silimanit with greater than 30%.
6. The kind of Cobbles, gravel, gold, Platinum, not containing precious stones and (quartz, Topaz, ruby, sapphires, zircon, beril) laterite, does not contain the native metal or metal minerals.
7. Types of limestone, clay, lime, marble (except white limestone, limestone outcrops and white marble) does not meet the requirements as raw materials for cement production pooc tomb of Vietnam or standard does not meet the requirement of making production materials stone carving stone under Vietnam's standard.
8. Rock the đolomit with Tony C. 15% smaller, stone đolomit does not meet the requirements of construction glass produced according to the standards of Vietnam or does not meet the requirement of making production materials stone, stone carving by standard Vietnam.
Chapter VII HELD PERSONAL MINERAL ACTIVITIES, article 17. The scope of activity of the Organization's minerals, individual 1. Mineral range of organizations and individuals, the provisions of article 6 of the law on minerals are defined as follows:

a) domestic enterprises, including enterprises with foreign capital, in all economic sectors have registered business or investment activity permit mineral prospecting, exploration, extraction and processing of minerals;
b) foreign enterprises have representative offices or branches in Vietnam are prospecting, mineral exploration;
c) individuals with active business registration of medicinal mineral prospecting, exploration, mining, mineral processing, construction materials and artisanal mining for minerals.
2. organizations and individuals, the provisions in clause 1 of this article has the following conditions, the kite was considering licensing the activity of minerals: a) is the project of exploration, mining project, mineral processing consistent with planned exploration, extraction, processing and use of minerals has been the competent State agencies;
b) for exploration, extraction, processing must have specialized human resources, equipment, technology, methods of exploration, extraction, processing advances;
c) reported that the environmental impact assessment or a sign of environmental standards was the State Agency has the authority to approve or confirm the provisions of the law on the protection of the environment.
Article 18. Conditions of mineral exploration practice 1. Professional organization of geology by the competent State agencies established, allows established or other economic institutions established under the provisions of the law on business and investment legislation are mineral exploration practice when the following conditions are : a) Has people in charge of engineering geological engineer that has actual work in mineral exploration work for at least five (5) years; understanding and mastering the legal text on mineral exploration;
b) officials, technicians specialized in geology exploration, geology, hydrogeology, Geology-Geophysics, drilling, mining and other related majors;
c) Have equipment, specialized tools necessary to execute the process of mineral exploration.
Article 19. Standard mining executives of mining executives were appointed under article 36 of the law on mineral resources must meet the following criteria: 1. The standard of qualification: a) Director of mining extraction by the method of mining right mining engineer or mining, mining pit construction engineers have direct time mined in open pit mine at least five (5) years;
b) ceo of mining extraction by the method exposed to mining engineer open pit mines or have time to directly exploit at the mine for at least three (3) years; the case is the exploration of geological engineers are trained mining techniques and time directly mining in quarries at least five (5) years;
c) Executive Director of mine with no metal mines are exploited by open methods that do not use explosives or industrial mineral mines do conventional building materials are extracted by simple manual methods must have professional level from intermediate or mining exploration geology; case only the professional level is the intermediate level of mining, they must have direct time mining in quarries at least three (3) years; case only the professional level is intermediate in geology exploration, they must receive training on mining techniques and time directly mining in quarries at least three (3) years.
2. Standards for capacity management, operator: a) master the prescribed in the legal text of the minerals and the regulation in the legal documents related to the exploration, exploitation and processing of minerals;
b) mastering process, rules, standards and principles of design engineering, mining, mining technical norms, use of industrial explosives, rules, safety rules in mining has been the competent State agencies;
c) organization level, administration and practical experience, technical operating mining, safety engineering, environmental protection.
Chapter VIII region, an AREA of MINERAL ACTIVITIES article 20. The forbidden area mineral operations 1. Mineral activity area includes areas: a) has the historical-cultural attractions, has been rated or are provincial committees decide zoned protection;
Special purpose Forests, forest b) protective, non are mangrove forest natural regeneration, natural reserve, wetlands conservation, protected area of geology;
c) had planned the land reserved for the purpose of Defense, security or adversely affect the defence mission, security;
d) In the hallway or the scope of protection of works in the transportation infrastructure, irrigation, dikes, information;
DD) dedicated to religion;
e) municipalities, industry, trade, tourism or construction of infrastructure.
2. The Chairman of the provincial people's Committee in the Prime Minister's decision to approve the zone mineral activities and announcements in writing to the Ministry of natural resources and environment, Ministry of industry and Ministry of construction after approval.
Article 21. The area temporarily banned mineral operations 1. The area temporarily banned mineral activity is regulated in the following cases:

a) due to the sudden requirements of Defense and security;
b) due to the nature conservation requirements, historical-cultural, landscapes are being considered, State recognized or detected in the process of exploration, mineral extraction;
c) due to the requirement to prevent or remedy the consequences of the disaster.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee in the Prime Minister's decision to approve the temporary prohibited area mineral activities and announcements in writing to the Ministry of natural resources and environment, Ministry of industry and Ministry of construction after approval.
Article 22. The limited area of mineral operations 1. The limited area of mineral activity is restricted area by the following form: a) dedicated to one or a number of organizations exclusively mineral activities;
b) mining output restrictions;
c) limit the export of mining products.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee the Prime Minister approved the limited area of mineral operations and reported in writing to the Ministry of natural resources and environment, Ministry of industry and Ministry of construction after approval.
Article 23. The tender area of exploration, mineral extraction 1. The tender areas of exploration, mineral extraction includes the following areas: a) the area was investigations, reviews by mineral resources from the State budget was approved by the Prime Minister is the tender areas of exploration;
b) Mineral Deposits have been probed by the capital, from the State budget was approved by the Prime Minister is the tender area or select a bid harness.
2. The Minister of industry, Minister of construction of the Prime Minister's decision to approve and announce the tender areas of exploration, mining, mineral or mine area exploration is already tender, or choose the bid harness and organize the implementation of the prescribed tender after approved except the tender area in the Prime authority the decision approved by the provincial people's Committee specified in point g clause 1 article 6 of this Decree.
3. Ministry of planning and investment, the Prime Minister issued the tender regulations for exploration and exploitation of minerals.
Article 24. An area of mineral prospecting areas 1. An area of mineral prospecting area was granted to a mineral prospecting license for not more than five hundred kilômet square miles (500 km2) except in special cases, to be the Prime Minister.
2. mineral prospecting licenses are granted for various organizations, individuals of the same mineral activities in an area.
Article 25. An area of mineral exploration areas 1. An area of exploration area of an exploration license of metallic minerals, precious stones (diamonds, ruby, sapphires, êmorôt) not more than fifty square kilômet (50 km2).
2. An area of exploration area of a coal exploration licenses, the non-metallic minerals (except minerals do conventional building materials) in the Mainland, with or without water, no more than a hundred kilôlnet square miles (100 km2).
3. An area of exploration area of a mineral exploration licence types (except minerals do conventional building materials) in the continental shelf not exceeding two hundred kilômet square miles (200 km2).
4. An area of exploration area of a mineral exploration licence to do conventional building materials in the region of land not exceeding two square kilômet (2 km2), in the presence of water no more than a square kilômet (1 km2).
5. An area of exploration area of a mineral exploration licence, natural hot water no more than two square kilômet (2 km2).
6. organizations and individuals who are eligible under the provisions of article 6 of the law on mineral resources, paragraph 2 article 17 of this Decree shall be issued no more than five licenses, not to mention the exploration license was granted to organizations or individuals but ended the effect, but the total area of the exploration licence in respect of a type of minerals not exceeding twice the area of the exploration of a the license is specified in the paragraph 1, 2, 3, 4 and 5 of this article, except for special cases to be prime.
Article 26. An area of mining areas 1. An area of mining area of a mining licence consideration on the basis of the project mining investment consistent with mineral reserves are allowed to take on the design of exploitation by the State bodies have the right spirit for approval.
2. An area of mineral sector have resulted in investigations, reviews of mineral in the ratio of 1:50,000 or larger were competent State agencies for approval that is not in the master plan for exploration, exploitation and processing of mineral resources of the country or not the reserve of the national mineral resources issued mining permits mineral processing of provincial people's committees specified in point b of paragraph 56 of the mineral Law Thing.
Article 27. An area of mining areas do the conventional building materials in the case are not required to conduct mineral exploration in an area of mining area construction material made of a license in the event are not required to conduct exploration for minerals as defined in paragraph 2 of Law 41 of minerals not exceeding ten (10 hectares) for a Organization and not more than one (1) with respect to the individual.
Chapter IX FINANCIAL and PROPERTY RIGHTS in MINERAL ACTIVITIES Article 28. Licensing fees of mineral activities

1. The license fee includes the fee for grant, renewal of mineral activity license.
2. The Ministry of finance regulations, procedures for collecting, filing, managing and using licensing fees of mineral activities.
Article 29. Exclusive fee mineral exploration 1. Exclusive exploration fees, calculated per unit area of the probe and the validity period of licences for exploration of minerals.
2. exclusive exploration fees are calculated according to the following rules: first year: 300,000 Dong/km2/year;
Second year: 400,000/km2/year;
3rd year: 550,000/km2/year;
Fourth year: 700,000/km2/year.
3. exclusive exploration fees do not apply to the following cases: a) the term of the exploration licence, including the time be extended for less than twelve months;
b) exploration in the area of the Organization, individuals are allowed to exploit.
4. Ministry of finance regulation and autumn procedures, submit, manage, use exclusive fee mineral exploration.
Article 30. Mineral exploration deposit 1. The Organization, individuals are mineral exploration permit must submit the deposit in the State Treasury, except under licence for exploration activity is done by the capital of the State budget.
2. The deposit be made once when the exploration license. The level of leading money pile by twenty-five percent (25%) of the value of exploration cost estimation in the first exploration.
3. organizations or individuals are allowed to mineral exploration rights to use escrow forms in a credit institution is allowed to operate in Vietnam instead of the deposit submission form.
4. After six (6) months from the date of mineral exploration license, in effect, no exploration work was conducted in which termination of the license in force, the deposit or deposit was filed on the State budget.
5. After six (6) months from the date of the exploration licence about products of the effect the work of exploration has been conducted properly plan the Organization, individuals are allowed to probe has the right to receive money back special deposit or margin.
6. The Ministry of finance, in cooperation with the State Bank regulatory filing procedures, management of the deposit or escrow deposit of mineral exploration.
Article 31. Use the information on the survey of mineral exploration, with funding from the State budget of 1. The organization or individual to use the information about the results of a survey of mineral exploration, with funding from the State budget have the responsibility and the authority for the following information: a) to pay to use the information on the survey results, visit any intentions about products in one of two modes: Compact payment once or charged over the extraction output;
b) transferable, to inherit the information on the survey of mineral exploration, after having completed the paid use of that information;
c) where money paid over produced are not transferable to inherit or to disclose information on the results of a survey of mineral exploration, for the Organization, the other individual, except in cases provided for by State agencies have the authority under the regulations of the Ministry of natural resources and the environment.
2. organizations or individuals are allowed to prospecting, exploration and exploitation of minerals by funding from the State budget are not provided, the transfer of information about the survey results, mineral exploration for other private organizations, except in cases provided for by State agencies have the authority under the regulations of the Ministry of natural resources and the environment. Cases of individual organizations reimburse the State budget the amounts invested for the prospecting, exploration, the use of the information on the survey of mineral exploration, made under the provisions of paragraph 1 of this article.
3. The Ministry of finance, in collaboration with the Ministry of natural resources and the environment regulation valuation methods, the method and procedure of payment data using, information about survey results after examination, exploration for minerals by funding from the State budget.
Article 32. Use the information on the survey results, the exploration and exploitation of minerals by the Organization's capital, individual 1. The Organization, individuals are allowed to prospecting, exploration and exploitation of mineral resources has the right to transfer, to inherit the information about results, survey, exploration, mineral extraction is done using the Organization's funds, that individual.
2. After six (6) months from the date of mineral exploration license expires that the Organization, individuals are allowed to poll the State Agency has the authority to approve mineral reserves or reserves was approved without applying for a mining license, the competent State Agency is provided for organizations individuals with information on mineral related permits.
Article 33. Land use in case the assignee, inheritance rights, processing minerals using land in case the assignee, inheritance rights, mining, processing minerals taken under the provisions of the law of the land.
Article 34. The right to own property when the license for exploration or extraction, mineral processing end effect 1. When the license for exploration, mining, mineral processing end effect, then the ownership of the assets related to the exploration, exploitation and processing of mineral resources is addressed under the provisions of point b item 2 article 30, point b and c of paragraph 2 to article 40 of the law on mineral and point b , c item 2 Article 57 of this Decree.

2. The Ministry of Finance regulates the method of determining the value of the property transferred and the transfer procedure for the State of the assets of the Organization, individuals are allowed for exploration, mining, mineral processing in case of termination of the license in force.
Article 35. Recovery Fund environment in mining 1. The Organization, individuals are allowed to sign a mining environmental restoration Fund and the Land Fund for environmental protection in Vietnam.
2. Deposit Rates to recover the environment and land based on the process, the progress of extraction, recovery and restoration cost estimation of environment and lands identified in the feasibility study report, mine design and report environmental impact assessment or a sign of environmental standards was the State Agency has the authority to approve or confirm under the provisions of the law on the protection of the environment.
3. The money deposited is calculated as interest rates for deposit non-term of the Vietnam environment protection Fund.
4. The Ministry of finance, in collaboration with the Ministry of natural resources and the environment guide registration procedures, management, use the funds to restore the environment in mining.
Article 36. The source quoted budget revenues from mining, processing minerals to leave for local 1. Deductions left for the local budget from the budget revenues of the mining activity, mineral processing must be reflected in the annual budget estimates and should be used only to investment in public infrastructure in the region have been mining, minerals processing.
2. The management, using the budget revenues from mineral activities in the mineral extraction and processing are done by decision of the Prime Minister.
Article 37. The State's investment for mineral exploration work 1. The State can invest in exploration for some type of mineral that attracting investment from other capital sources can not be performed or at the request of the economic and social tasks.
2. Ministry of planning and investment, Ministry of finance, Ministry of natural resources and environment, Ministry of industry, Ministry of construction of the proposed project to the State capital to exploration, the prime consideration for approval.
Business financing for exploration are responsible to reimburse the State the money which was granted according to the method of payment according to the mineral output when put the mine into operation.
3. use of information on the results of the probe to the provisions in clause 1 of this article follow the provisions of article 31 of this Decree.
Chapter X appraisal, APPROVAL of the PROJECT, REPORTED in the MINERAL ACTIVITIES Article 38. Evaluation of the project of mineral exploration survey 1. Ministry of natural resources and the environment, the provincial people's Committee, according to the licensing authority of mineral activities specified in paragraph 1 to article 56 of the law on mineral resources, organized the survey of mineral exploration, before licensing decisions, survey, exploration.
2. Ministry of environmental resources and regulating the establishment, evaluation of the project of mineral exploration survey.
Article 39. Evaluation and approval of mineral exploration reports 1. Mineral exploration reports are assessed according to the following requirements: a) the reliability of content, capacity and quality of minerals, including minerals of interest comes;
b) reliability of hydrological geological conditions, geological works concerning the feasibility study of mineral extraction.
2. report about exploration products, except minerals do common building material and peat, must submit to state geological storage. Mineral exploration reports do common building material and peat are filed at the Department of natural resources and the environment where the mineral exploration.
Article 40. Appraisal and approval of projects of mining 1. The evaluation and approval of investment projects in mining investment in water projects implemented under the provisions of the law on investment and construction legislation.
 2. The evaluation of investment projects in the mining project of the foreign direct investment made under the provisions of the law on foreign investment in Vietnam.
Article 41. Appraisal and approval of mining design 1. Design of investment projects in mining mineral extraction are appraised and approved according to the provisions of the law on construction.
2. organizations, individual evaluation of mine design must be organized, independent of personal benefits to organizations, individual design and is responsible before the law about the results of his evaluation.
3. The detailed guide to industrial design content and procedure of evaluation and approval of the design of the mine.
Article 42. Report on mineral operations 1. The Organization, individuals are allowed to mineral activity is responsible for reporting the results of operations for the State Management Agency about about and take responsibility for the accuracy and honesty of the metric, the reporting information.
2. the report on mineral activities include: a) report on mineral prospecting activities, reports on mineral exploration activities, reports on mineral extraction activities, reports on mineral processing operations;
b) report on the activities of minerals within the province, the central cities.
3. the report on the operation mode of the mineral are defined as follows:

a) activity report mode minerals are made periodically, and a year. Periodically gets calculated from October 1 to June 30 of the year of the report. Periodically a year is calculated from January 1 to the end on December 31 of the reporting year;
b) in addition to the reporting regimes referred to in point a of this paragraph, when required, of State administration on mineral resources, organizations, individuals are allowed to operate in minerals to make unscheduled reports about the situation of mineral activities.
4. The responsibility to submit the report on mineral activities are defined as follows: a) the Organization, individuals are allowed to mineral activity are responsible for reporting as defined in art. 2 and slowest after five (5) days of the report specified in paragraph 3 of this article must submit reports to the Department of natural resources and environment where mineral activities. For the Organization, the individual mineral activities under license issued by the Ministry of natural resources and the environment have to be submitted to the Bureau of geology and minerals in Vietnam Ministry of natural resources and the environment;
b) Department of natural resources and environment is responsible for helping the people reporting Committee specified in clause 2 of this and the latest after fifteen (15) days of the report specified in paragraph 3 of this article to send the report to the Ministry of natural resources and environment (Geology Mineral Bureau Vietnam) The Ministry of industry and the Ministry of construction.
5. Ministry of environmental resources and guide the report template specified in paragraph 2 of this Article.
43 things. Mine closure project 1. The scheme closed mines must be appraised and approved content, security requirements, environmental recovery, land and other requirements as defined at points b and d, item 2 Article 40 of the law on mineral resources.
2. the competent State agencies licensed to exploit the deposits would then have the right to appraise, approve the scheme closed the mine for minerals.
3. Ministry of environmental resources and content regulation scheme and the mine closure procedure.
Chapter XI ACTIVE MINERAL LICENSES Article 44. Active license base minerals review licensing base mineral activities include: 1. The strategy of the State for socio-economic development; the strategy of development of industries related to minerals.
2. the State's policy on mineral resources; the planning of exploration, extraction, processing and use of minerals is the competent State agencies for approval.
3. Effectiveness-exhibited each particular project in mineral activity, associated with the request to protect the ecological environment, natural landscape, the protection of historical, cultural, security and defense.
4. Legal status of the application in accordance with the law and the conditions prescribed in article 6 of the law on mining and item 2 article 17 of this Decree.
5. Survey, exploration on the area do not coincide with the areas already being licensed or State authorities with the investigation, a review of minerals.
6. mineral reserves, feasibility study reports, reports of environmental impact assessment or a registration, environmental standards are approved or endorsed under the provisions of the law for cases please license the exploitation and processing of minerals.
7. The text of the provincial people's Committee about the expected area of exploration for mining or construction of mineral processing plants specified in article 45 of this Decree.
8. As for the special minerals and toxic as defined in paragraph 1 of article 14 of the Decree, and must be the Prime allows the exploration, extraction, processing.
Article 45. The responsibility of the provincial people's Committee in coordinating the evaluation license for exploration, mining 1. Before the exploration permit for mineral extraction or mining licence, mineral processing according to the authority, the Ministry of natural resources and the environment the written opinions of the provincial people's Committee where the minerals of the area expected to license the exploration to mining or mining area or building area of mineral processing plants.
2. provincial people's Committee chaired, in coordination with the ministries concerned check, make clear the expected area licensed for exploration to mining or mining area or building area mineral processing plants with or without regard to the zone temporary prohibition of mineral activities specified in article 20 and article 21 of this Decree.
 3. in special cases, the need for exploration or exploitation of mineral resources in the area or temporarily banning the mineral activities according to the provisions of article 20 and article 21 of this Decree, the State Agency has the authority to license prescribed in clause 1 Article 56 of the law on mineral resources to report the Prime review decision.
Article 46. License active mineral investment for organizations, foreign individuals or foreign parties have joint venture 1. Before the license is active investment minerals, the Agency has the authority to license investment must be consulted in writing of the authorized agency licensed to mineral activities specified in paragraph 1 to article 56 of the law on mineral resources. Within thirty (30) days from the date of receipt of a valid application, the competent authority granted the license to operate the minerals must answer for the competent authority to license investment.

2. where there are different opinions, granted the investment the prime consideration, decision.
Article 47. The time limit for processing licence term of minerals a mineral processing license prescribed in article 44 of law minerals are identified on the basis of the investment project of mineral processing, mineral sources, but not more than thirty years and be renewed according to the provisions of article 51 of this Decree.
Article 48. Renewal of mineral prospecting permits 1. Mineral prospecting license was renewed when the following conditions: a) the area allowed to survey the area from a hundred kilômet square miles (100 km2);
b) not yet organized, individuals would apply for exploration in renewals zones;
c) Organization, individuals are allowed to survey has completed all the obligations stipulated in the license has been issued at the time of request.
2. mineral prospecting license was renewed once with grace period not exceeding twelve months.
Article 49. Renewal of mineral exploration permits 1. Mineral exploration license was renewed when the following conditions: a) the Organization, individuals are allowed to visit any intentions of minerals has completed all the obligations as stipulated in the license has been issued at the time of the request;
b) exploration license is valid at least (30) days;
c) each extension must return at least thirty percent (30%) of the area of the area of exploration licence was granted.
2. mineral exploration licenses be renewed not more than twice the total grace period not exceeding twenty four (24) months.
3. where the renewal time of the exploration license has expired, the Organization, individuals are allowed to probe made a full volume of exploration under the scheme and under the provisions of the license for exploration that is still not enough of a base to set up investment projects in the mining exploration permits are issued once with a time limit of not more than twenty-four (24) months on an area has been renewed and is not to be renewed.
Article 50. Renewed mining license 1. Mining license was renewed with the condition at the time of the request, the Organization, individuals are allowed to exploit has completed all the obligations under the provisions of the mining licenses have been issued and other obligations according to the provisions of the law on mineral resources and other related laws.
2. mining licence was renewed several times match the mineral reserves were competent State agencies approved but not yet exploited; of time not to exceed twenty (20) years.
Article 51. License renewal mineral processing 1. Mineral processing license was renewed with the condition at the time of the request, the Organization, individuals are allowed to have completed processing all the obligations under the provisions of the processing permit was granted and the other obligations according to the provisions of the law on mineral resources and other related laws.
2. mineral resource legal guarantee suitable processing capacity and time request.
3. mineral processing license was renewed several times consistent with legitimate mineral source; of time not to exceed twenty (20) years.
Article 52. Return the active mineral licenses or return each part covers an area of mineral activities in the Organization, individuals are allowed to operate mineral reserves to pay back each section area or return the mineral activity license under the provisions of the following: 1. The organization, individuals are allowed to operate in minerals has completed all the obligations under the provisions of the law to the point please return the license; environmental recovery, land, secure in the area please return;
2. Within a period of not more than ninety days (90) days from the date of the exploration license is returned, the Organization, individuals are allowed to probe must perform the obligations specified in point b of paragraph 2 article 30 of the law on mineral resources.
Within a period not exceeding six (6) months from the date of the extraction license, the license is returned, the Organization, individuals are allowed to exploit to the full implementation of obligations prescribed in points b, c and d of paragraph 2 to article 40 of the law on mineral resources; the Organization, individuals are allowed to perform full processing of obligations specified in points b, c and d, item 2 Article 57 of this Decree.
3. the competent authority granted the license type that allows the return in writing.
Article 53. Assignment of rights to the exploration, mining, mineral processing, the assignment of rights for exploration, mining, mineral processing must comply with the following provisions: 1. The organization, individuals are allowed for exploration or extraction, mineral processing transferable rights to exploration or exploitation rights, processing for the Organization individuals to continue to implement their rights and obligations have to be specified in the licence and in accordance with the law.
2. the parties to the transfer are only allowed when the transfer was made in full the provisions of the relevant obligations, under license of exploration or mining, mineral processing has been granted to the point please transfer.
3. transfer content must be expressed in the contract between the parties the assignor and the assignee under the provisions of the law; attached to the contract and application for the assignment of exploitation rights or exploration rights, processing, organization, individuals are allowed for exploration or exploitation, the processing must have reported the results of exploration or exploitation, processing up to the time of the transfer, please.

4. organizations and individuals, the assignee the right to exploration or exploitation rights, mineral processing must have sufficient conditions as defined in article 6 of the law on mining and item 2 article 17 of this Decree; for rare, precious minerals, especially toxic and have to comply with the provisions of Article 8 paragraph 44 of this Decree.
5. In the case of organizations, individuals receive franchise chain extraction, mineral processing is held, foreign individuals or entities having foreign parties, the joint venture must have a licence to invest due to the competent State authorities granted under the provisions of the law on foreign investment in Vietnam. Venture business case has foreign parties transformed into business one hundred percent (100%) foreign investment must also be state regulators on investment approved as the basis for licensing mining, new processing.
6. The transfer of exploitation rights or exploration rights, the processing of the Organization, individuals are allowed for exploration or extraction, mineral processing must be competent agencies that license allows and transfer tax payable under the provisions of the law.
The Ministry of finance the Government grant a tax level of exploration, mining, mineral processing.
Article 54. The inheritance rights of exploration, mining, mineral processing 1. Individuals are allowed for exploration or extraction, mineral processing have a right to the inheritance rights of exploration or mining rights, its mineral processing according to a will or under the law.
2. The person who inherited the rights to the exploration or mining rights, mineral processing is continued exploration rights or mining rights, processing when the license is still valid and must be eligible under the provisions of article 6 of the law on mining and item 2 article 17 of this Decree. The case is not eligible to continue active, resolved as follows: a) Who inherited the rights to the exploration or mining rights, transferable rights or mining rights to exploration, processing for personal organization more in line with the provisions of article 53 of this Decree;
b) where the person who inherited the rights to the exploration or mining rights, mineral processing is not done right the transfer within a period of six (6) months, from the moment enjoy inheritance as prescribed by the law, the licence of exploration or mining licence, mineral processing is considered expired.
3. in case the license for exploration, mining permits, mineral processing is no longer valid as defined in point b of paragraph 2 of this Article, the people who had inherited the rights and perform the obligations prescribed in point b item 2 article 30, points b, c and d of paragraph 2 to article 40 of the mineral excavation clause 2, Article 57 of this Decree.
Article 55. The time limit for remedying the violation in the prospecting, exploration, mining 1. The Organization, individuals are allowed to survey mineral when in violation of the obligations prescribed in article 23 of the law on mineral resources, the time limit to remedy not exceeding thirty (30) days from the date of the written notice by the competent State Agency license prescribed in clause 1 Article 56 of the law on mineral resources.
2. organizations or individuals are allowed to mineral exploration as a violation of the obligation specified in article 27 of the law on mineral resources, the time limit to remedy not exceeding sixty (60) days from the date of the written notice by the competent State Agency license prescribed in clause 1 Article 56 of the law on mineral resources.
3. organizations or individuals are allowed to exploit minerals when in violation of the obligations prescribed in article 33 of the law on mineral resources, the time limit to remedy not exceeding ninety (90) days from the date the State Agency has the authority to license prescribed in clause 1 Article 56 of the law on mineral resources has written notice.
Article 56. To revoke the license of mineral processing mineral processing permit is revoked in the following cases: 1. The organization, individuals are allowed to mineral processing is not done right, content planning and processing of minerals processing projects and regulations in processing licenses have been granted.
2. organizations or individuals are allowed to mineral processing in violation of the provisions of article 46 of the law on mineral resources that are not remedied within a period of ninety (90) days from the date of the written notice by the competent State Agency license prescribed in clause 1 Article 56 of the law on mineral resources.
3. processing area was declared a prohibited area or temporarily banning the mineral activities as defined in paragraph 2 of article 14 and article 20 minerals Law and article 21 of this Decree.
4. Individuals are permitted to mineral processing die without heirs, the organization allowed processing of dissolved or bankruptcy without the Organization, individuals inherit rights and obligations.
Article 57. Cessation of effect of mineral processing license 1. Mineral processing license terminates in force in the following cases: a) the licence expires;
b) license is returned;
c) license is revoked.
2. When processing mineral license termination effect then: a) the rights related to the licence which also terminated;
b), equipment works to protect the environment in the area of processing are State-owned, was not scrapped, destroyed;

c) in addition to the properties specified in point b of paragraph 2 of this article, the Organization, individuals are allowed to mineral processing have to move the whole of its assets out of the area and processing of minerals;
d) organizations, individuals are allowed to mineral processing must implement all obligations related to the environmental restoration and soil tlleo mineral law, this Decree and other relevant provisions of the law.
Article 58. Land use in The mineral soil interface activity, land rental in mineral activity carried out under the provisions of the law of the land.
Chapter XII the order and PROCEDURE of MINERAL ACTIVITY LICENSING, DUE DILIGENCE and REVIEW of MINERAL RESERVES Article 59. Records grant, extension, allowing the return of mineral prospecting permits 1. Application for prospecting permit mineral includes: a) the application of mineral prospecting permit, accompanied by a map survey area;
b) mineral survey project, which stated the basis of the geology and the mineral type is object, the survey methodology and the survey volume; time limits, surveying progress and financial resources;
c) copies the text verification of legal personality has the endorsement of the State of the organization please license the mineral survey.
2. Application for license renewal mineral survey application for renewal must be submitted to the Agency before the date of receiving the license expires thirty (30) days, including: a) an application for renewal;
b) reported the results of a survey of minerals and the volume works, funding has been made to the time of the request.
In the case of mineral prospecting license has expired but the application for the extension is being considered, the Organization, individuals are allowed to mineral prospecting was continued to the time of the decision to extend or have written reply the license not be renewed.
3. Application for return of mineral prospecting license include: a Single return license;)
b) reported the results of a survey of minerals and the volume works, funding has been made to return the license.
Article 60. The record level, level back, renewed, allows pay back hefty flights, mineral exploration license, lets continue to make mineral exploration rights 1. Application for mineral exploration license include: a) an application for a license for exploration of minerals;
b) mineral exploration scheme set up under the rules, attached to map mineral exploration areas;
c) copies the text verification of legal personality has the endorsement of The State for the organization applying mineral exploration license is held in the water or a copy of the investment license has the endorsement of The State for the organization applying mineral exploration license is held by foreign or joint venture organization have foreign parties.
2. Application-level mineral exploration licence back case level back exploration license prescribed in clause 3 Mineral Law and article 25 paragraph 3 Article 49 of this Decree, the record must be submitted to the Agency before the date of receiving the license expires thirty (30) days, including : a) the application of mineral exploration license;
b) report the results of that visit, the volume of the work of exploration was done; the program, volume probe continues;
c) map areas for exploration licenses again.
3. Application for license renewal of mineral exploration application for renewal must be submitted to the Agency before the date of receiving the license expires thirty (30) days, including: a) an application for renewal of mineral exploration license;
b) reported the results of exploration, volume exploration work was done; the program, volume probe continues;
c) map areas, which have excluded at least thirty percent (30%) the area under the license granted earlier.
In the case of mineral exploration licence has expired but the application for the extension is being considered, the Organization, individuals are allowed for exploration of minerals is continued to be active in or have written reply the license not be renewed.
4. Application for return of mineral exploration licence or to pay back a part of area mineral exploration include: a) an application for the return of mineral exploration licence or to pay back a part of area mineral exploration;
b) report results of mineral exploration, volume exploration works were performed to return the licence or to pay back a portion of the area included in the license;
c) map areas continue to probe; the volume of works, the exploration program continues to pay back a portion of the exploration area.
5. Application for transfer of mineral exploration right include: a) an application for the transfer of mineral exploration right attached to the transfer of mineral exploration right and a listed property values will transfer;
b) reported the results of the probe, the volume of the work performed and the related obligations under the regulations to the time finished please transfer exploration rights;
c) copies the text verification of legal personality has the endorsement of The State with respect to the organization please assignee mineral exploration rights is held in the water or a copy of the license (if any) has certified the State's endorsement to the organization please accept the transfer of mineral exploration right is foreign organizations or organized the venture have side overseas.
The transfer of the rights probe was approved by the licensing alternative exploration licences granted exploration.

6. Application for continued rights to mineral exploration include: a) petition to continue mineral exploration rights; report the results of the probe, the volume of works already made and continue the exploration program;
b) a copy of the legal documents are authenticated by the notary to the State prove the Organization, individuals inherited mineral exploration rights;
c) copies the text verification of legal personality has the endorsement of The State's organization is inherited.
The allow continue mineral exploration rights approved by the exploration license for the Organization, individuals are inherited, replace the license was granted.
Article 61. Records grant, extension, allow return, transfer of mining permits, allows continued mining rights 1. Application for licensing mining include: a) the application for a mining permit, accompanied by a map of the mining area;
b) decided to approve the mineral reserves of competent State agencies as prescribed;
c) feasibility study report mining accompanied the decision for approval under the rules;
d) report the environmental impact assessment or a sign of environmental standards is the authorized State body approved or endorsed under the provisions of the law on the protection of the environment;
DD) copy certificate of legal personality has the endorsement of The State with respect to the organization please license the exploitation about property is held in the country that is not the Organization has been licensed for exploration or a copy of the investment license has the endorsement of The State with respect to the organization please mining license is held foreign or joint venture organization has a foreign party.
2. Application for extension mining license application for renewal must be submitted to the Agency before the date of receiving the license expires ninety (90) days, including: a) the application to renew the mining license;
b) map the current state of the mining at the time of renewal, please enclose the report results to mining activities renewals; the remaining mineral reserves and area please continue to exploit.
In the case of mining license has expired but the application for the extension is being considered, the Organization, individuals are allowed to continue mining operations to be extended or have written reply the license not be renewed.
3. Application for return the mining licence or to pay back a portion of mining area include: a Single return) mining permits or pay back a portion of mining area;
b) map the current state of the enclosed report mining results to the ominous return of license or pay back a part of area of exploitation;
c) mine closure proposals have been approved, according to the provisions of the law for the case to return the license.
4. Application for transfer of mining rights include: a) an application for transfer of mining rights and mining rights transfer contract about property, accompanied by a transfer of assets value statements;
b) reported the results of exploitation and the obligations made to the point please grant a harness attached to map the current state of exploit again please transfer point;
c) copies the text verification of legal personality has the endorsement of The State with respect to the organization please get mining rights transfer is held in the water or a copy of the investment license has the endorsement of The State with respect to the organization please get mining rights to transfers are foreign organizations or organized the venture have foreign parties.
The transfer of exploitation rights shall be approved by the mining license for the assignee, replace the license was granted.
5. Application for continued mining rights include: a) petition to continue mining rights;
b) a copy of the legal documents are authenticated by the notary to the State prove the Organization, individuals are superfluous stats right to mining;
c) copies the text verification of legal personality has the endorsement of The State's organization is inherited;
d) map the current state of harness attached report mining results to that point would be to continue making mining rights.
Enabling next, continue making mining rights approved by the mining license for the Organization, individuals are inherited, replace the license was granted.
6. The licensing of mining property in case the interval prescribed in clause 2 Article 41 of law of minerals and in the case of mining in the area was investigations, reviews lies 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 specified in point b paragraph 1 Article 56 of the law on mineral resources, the application for extraction permit do not include the decision of approval of mineral reserves.
Article 62. Records grant, extension, allow return, move the upper mineral processing licenses, allowing further processing mineral rights 1. Application of mineral processing permit include: a) license application processing of minerals;

b) feasibility research report accompanying minerals according the approval decision;
c) copies the text verification of legal personality has the endorsement of The State with respect to the organization please license the mineral processing is held in the water or a copy of the investment license processing of minerals has the endorsement of The State with respect to the organization please license the mineral processing are foreign organizations or organized the venture have side foreign countries;
d) report the environmental impact assessment or a sign of environmental standards was the State Agency has the authority to approve or confirm the provisions of the law on the protection of the environment.
2. Application for license renewal mineral processing application for renewal must be submitted to the receiving consulates before expiry licences ninety (90) days, including: a) the application to renew the licence of sea minerals processing;
b) reported the results of sea minerals processing operations to the point please renew, mineral production continues processing.
In the case of mineral processing license has expired but the application for the extension is being considered, the Organization, individuals are allowed to direct mineral-processing operations to be extended or have text reply renewals organization on why the license was not renewed.
3. return the license application processing minerals include: a Single license return) mineral processing;
b) reported the results of processing minerals since the license valid until the time of return the license.
4. the application for the transfer of processed mineral rights include: a) an application for the transfer rights to mineral processing;
b) rights transfer and processing of minerals, with a listed property value assignment; report the results of mineral processing and the obligations have been completed up to please grant a mineral processing;
c) copies the text verification of legal personality has the endorsement củacông State for the organization please assignee the right mineral processing is held in the water or a copy of the investment license has the endorsement of The State with respect to the organization please assignee the right mineral processing are foreign organizations or organized party foreign venture.
The transfer of the approved processing power by the licensing processing for organizations receiving the transfer, replace the license was granted.
5. Application continues processing mineral rights include: a) application to continue processing mineral rights;
b) a copy of the legal documents are authenticated by the notary to the State prove the Organization, individuals inherited the rights to mineral processing;
c) copies the text verification of legal personality has the endorsement of The State's organization is inherited;
d) reported the results of processing minerals and plans to continue operating mineral processing.
The allow continue exercising mineral processing is shown by the licensing of mineral processing for organizations, individuals are inherited, replace the license was granted.
Article 63. Order the licensing 1. Within a period of sixty (60) days from the date of receipt of a valid application of domestic organizations please license the mineral activities, foreign organization or entity has foreign side venture please license the survey of mineral exploration, the receiving Agency must complete the evaluation profile the State Agency has the authority to review the licensing.
Complex cases need time to review, evaluation, the evaluation period may be longer, but not to exceed ninety (90) days from the date of receipt of a valid application.
2. within thirty (30) days from the date the Organization, foreign individuals or foreign party venture was granted the investment license and submit a valid, full application for licensed extraction, mineral processing according to the regulations, the receiving Agency must complete the evaluation profile the competent authority granted the license.
3. within thirty (30) days from the date of receipt of a valid application request, return the licenses, pay back a part of area of mineral activity, transfer of active mineral rights, continues to make active mineral rights in case the legal inheritance rights, mineral activities the receiving Agency must complete the evaluation record, the State Agency has the authority to consider, decide to allow or not allow.
4. The time limit specified in paragraph 1 and paragraph 3 of this article does not include the time taken the opinions of the authorities on issues related to the mineral operation licenses.
5. within seven (7) working days from the date of receipt of a valid application received by the Agency, the State Agency has the authority to review the decision to grant or not grant the license to operate the minerals and moved back to the agency receiving records. In case no license must then respond in writing and stating the reason.
6. the receiving agency responsible for organizing please license the mineral activities.

7. The Bureau of geology and mineral resources Agency is Vietnam receiving application for mineral activity license issued by the Ministry of natural resources and the environment; The Department of natural resources and the Environment Agency is receiving application for active minerals license issued by the provincial people's Committee.
8. Ministry of environmental resources and regulation forms licences and minerals activities map area please license the mineral activities.
Article 64. Records appraisal, review and approval of mineral reserves records appraisal, review and approval of mineral reserves including: 1. Dispatch process, review and approval of mineral reserves 2. Scheme exploration and a copy of the license for exploration of minerals has the endorsement of The State.
3. the report on the trials of the volume and quality of works executed exploration of individual organizations are licensed to mineral exploration.
4. Four sets of documents, of which there are three sets of prints and a set of recordings on CD include: a demonstration report of exploration, the Appendix, the drawing and the original document is relevant.
Article 65. Implementation process the evaluation, review and approval of mineral reserves 1. Council Office reviews mineral reserves is the agency that receives the recommended records appraisal, review and approval of mineral reserves, the Board reviews the mineral reserves; The Department of natural resources and the environment is receptive agency recommended records appraisal, review and approval of mineral reserves of the provincial people's Committee.
2. within thirty (30) days from the date of receipt of a valid application specified in article 64 of this Decree, the competent State agencies review and approval of mineral reserves to complete the evaluation, review and approval of mineral reserves. No case shall review must answer in writing and stating the reason.
Chapter XIII ARTISANAL MINING of MINERALS Article 66. An area of artisanal mining areas of minerals in an area of artisanal mining area of a license issued to an organization not to exceed ten (10) acres, for an individual not to exceed one (1) ha.
Article 67. Renew the license of artisanal mining for minerals extraction license take advantage of currency was renewed several times but the total extension period not exceeding twenty four (24) months with the following conditions, at the time of the request: 1. The organization, individuals are allowed to exploit the recovery has completed the obligation prescribed in Article 52 of the law on mineral resources;
2. artisanal mining license validity not less than thirty (30) days.
Article 68. The sequences, procedures, extension, allowing the extraction permit return artisanal mining sequence, procedure for granting, extension, allowing the extraction permit return take advantage of currency is made according to the provisions of article 61 and article 63 of this Decree.
Chapter XIV COMPLAINTS, INSPECTION, REPORT 69 Articles. Minerals inspection 1. Detective Inspector minerals specialist minerals.
2. The organisation, tasks, powers of inspection specialist minerals due to government regulations.
Article 70. Complaint resolution, denounced the resolution of complaints, the Prosecutor, the reports in the field of minerals are made according to the provisions of the law on complaints and denunciation.
Chapter XV Article 71 ENFORCEMENT TERMS. Effective enforcement of this Decree has effect after 15 days from the date The report and replacing Decree No. 76/2000/ND-CP dated 15 December 2000 from the Government detailed rules implementing the law on mineral resources (revised).
Article 72. The responsibility of ministries, ministerial agencies, government agencies, provincial people's Committee, central cities and organizations, relevant individual 1. The Minister of natural resources and the environment, the Minister of the relevant Ministries in the scope of the functions, duties, their powers are responsible for guiding the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central and individual organization concerned is responsible for the implementation of this Decree.