The DECREE of the COUNCIL of MINISTERS Regarding the enforcement of the Ordinance on mineral resources.
 
The COUNCIL of MINISTERS pursuant to the law the Council of Ministers held on July 4, 1981;
Based on the Ordinance on mineral resources 28-7-1989;
According to the recommendation of the Minister of heavy industry.
 
DECREE: article 1. -This Decree assigning materialize, decentralization, management of mineral resources, the obligation of organizations and citizens in geological investigation, exploration, mining and mineral resources protection.
Article 2. -The entire mineral resources in the Mainland, the Islands, the waters and the continental shelf of the Republic of Vietnam Socialist form of capital mineral resources of the State, citizen, owned by the State.
Article 3. -Except areas or types of minerals have different regulations, the State encourages, creates favorable conditions and the protection of legal rights for organizations, individuals in local and foreign capital investment, technical on the exploration, mining, processing, sale and export of mineral raw materials in Vietnam.
Article 4. -The Ministry of heavy industry functions to help the Council of Ministers state management consistency of the geological survey, mining and mineral resources protection; The Ministry has responsibility for building policy, state management mode in investigation of geological, mining, mineral resources and protection of the environment, the Council of Ministers promulgated or issued under the authority of the above modes, policies; instructions and check the implementation for all sectors and levels in the country.
Mineral resources management Department under the Ministry of heavy industry, the State shall assist the Minister perform the functions and duties of the State administration on mineral resources under the Charter by the Council of Ministers.
Article 5. -People Committee the responsibility to protect mineral resources not yet exploited; supervise the observance of ordinances about mineral resources, the provisions of the Council of Ministers, the Ministry of heavy industry in the field of geological survey, mining, mineral resources protection; prevent, suspension and handling of the breach of protection of undeveloped mineral resources and related environment.
Article 6. -The set of functions to manage the State of the manufacturing sector are related directly to mining (below referred to as the relevant industry Manager) is responsible for coordinating with the Ministry of heavy industry in managing the State on mining the minerals concerned. The rules to steer and guide of the relevant sectors is not contrary to the provisions of the Council of Ministers and the Ministry of heavy industry of the geological survey, mining and mineral resources protection.
Article 7. -Ministry of finance, in cooperation with the Ministry of heavy industry issued mode licensing fees and State registration of geological survey and mining mode, reimbursing the State budget the cost of geological investigation was done.
Article 8. -Based Ordinance sanctioning administrative violations, the Ministry of heavy industry, construction, the Council of Ministers issued regulation on sanctioning administrative violations in the field of management and protection of mineral resources.
Article 9. -The Ministry of heavy industry, in collaboration with the State Planning Commission and the Ministry of industry-relevant organizational management strategies, planning, industry development plan of mineral raw materials, planning and geological research plan the ground search, exploration, mineral resources of the country , the Ministerial Council decision.
Article 10. -The relevant sector Manager proactively building, in cooperation with the Ministry of heavy industry, the Ministerial Council decision on strategy, planning, planning and the development of the production of raw materials, mineral fuels are the responsibility of the Ministry of industry management.
Article 11. -The Scientific Committee responsible for State Affairs, checking, assessing the results of the scientific research program and the State-level technology in fields of geological survey, mining, mineral processing, mineral resources and protect the environment.
Article 12. -State Planning Committee has the responsibility to verify the project planning, planning on investigating the geology, mining industry, according to regions and nationwide; balanced the conditions for these jobs because the State enterprises conducted by the State budget and by the other funds managed by the State.
Article 13. --The State Planning Commission, the State Science Commission, the State Committee for cooperation and investment and the Ministry of heavy industry according to their functions, coordinate and steer the international cooperation on economic, technical and scientific investigation in the field of geology, mining processing of mineral raw materials.
The foreign investment into the exploration, mining and processing of mineral raw materials ensure the management focus of the Council of Ministers, through the responsible Ministry's heavy industry hub. The only domestic economic organizations are conducting negotiations, project feasibility and signed with overseas parties seeking investment, exploration, mining after having been President of the Council of Ministers or the Minister of heavy industry.
Article 14. -The authority for permission to investigate the geology and mining provisions as follows: 1. The President of the Council of Ministers to decide whether to allow foreign companies for exploration and exploitation of oil and gas; the domestic and foreign business exploit the precious mineral.
2. Minister of heavy industry for domestic and overseas organizations to study the geology of the Earth, search, exploration and exploitation of mineral resources to the exclusion of allowing foreign companies for exploration of oil and gas extraction and for domestic and foreign enterprises exploited the kind of precious minerals.
3. The Chairman of the provincial people's Committee or directly governed City (hereinafter referred to as the provincial people's Committee) licensed mining the minerals do conventional building materials (brick and tile clay, sand, Pebble, gravel, crushed stone, building stone, bee rock) and peat production scale not exceeding 30,000 m3 or 50,000 tons of raw births each year; license the individual extraction of underground water (except mineral water) with traffic not exceeding 1,000 m3 a day.
4. Wells get running water and exploit common building material for the life of the household, not for sale then please not a mining license.
Article 15. -The Ministry of heavy industry regulation procedures for permission to investigate the geological, mining, State registration procedure, the task of investigating the geology, mining areas and areas of undeveloped mineral resources for all kinds of mineral resources, including oil, gas and water under the Earth; the procedure closes the mine preservation or liquidation; the regulations state the document storage and geological specimens.
Article 16. -Approval or authority reviews the geological investigation report stipulates in paragraph 3 article 14 of the Ordinance on mineral resources as follows:-the Council of mineral reserves review approved reports mineral resources exploration done by the State's capital, reviews the reported probe done by the other funds.
-Heavy industry Ministry approved the geologic research report, search for mineral resources.
-The aforementioned Agency issued the procedure browser, investigation report reviews geology under the jurisdiction assigned to it.

Article 17. -Mineral resources management Department of State functions and tasks of the State inspection agency specialized on mineral resources as defined in articles 28, 29, 30 and 31 of the Ordinance on the mineral resources and the Ombudsman Ordinance on March 29, 1990.
Article 18. -In addition to the general responsibilities of the inspection of safety and labor protection of the Ministry of labor, invalids and Social Affairs; about the environmental protection inspector of the State Science Commission, Ministry of heavy industry and the relevant sector Manager is responsible for the inspection of technical-economic protection of mineral resources, the environment and safety in geological survey, mining and processing of mineral raw materials.
Article 19. -The delivery of mining land to comply with the provisions of the law of the land, and 18 of the Ordinance on mineral resources. The people's Committee and the land management agencies under authority assigned responsibility to resolve urgently the procedure allows the use of the land for mining, especially with regard to the exploitation of the mineral resources of rare, precious (precious stones, gold, Tin, tungsten ...) article 20. -Organizations, individual achievement in the management and protection of mineral resources, detect denounces the violation of the Ordinance on mineral resources, prevent those acts which cause damage to the environment and mineral resources involved be rewarded materially and spiritually according to common rules.
The Organization, individuals with merits in discovering new mines, deliver or sell for the state geological specimens of rare, precious, valuable to be rewarded by special regimes by the Council of Ministers Regulation.
Article 21. -Organizations, individual violations of the articles of the Ordinance on the mineral resources, the provisions of this Decree, depending on the extent will be sanctioning administrative violations under articles 11, 13, 14, 15 and 16 of the Ordinance on sanctioning administrative violations on November 30, 1989. Who would intentionally not declared for the State administration on mineral resources or people's Committee granted the new mine detection, the rare geological specimen or cause serious losses of mineral resources, environment, were prosecuted under the law.
Article 22. -The Minister, Chairman of the State Committee, the heads of other bodies in the Council of Ministers, the President of the people's committees of provinces and cities under central according to function, their powers Guide and direct the implementation of this Decree.
Article 23. -This Decree shall take effect as from the date of signing, the previous provisions contrary to this Decree are repealed.