Decision 71/qd-Qltn To: Enact A Regulation On The Protection Of Natural Resources And The Related Environmental Gems

Original Language Title: Quyết định 71/QĐ-QLTN: Ban hành bản quy định về việc bảo vệ tài nguyên đá quý và môi trường liên quan

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The DECISION of the MINISTER of HEAVY INDUSTRY issued a regulation on the protection of natural resources and the related environmental gems to MINISTER of HEAVY INDUSTRY base of mineral resources Ordinance on 28-7-1989 and Decree No. 95-dated 25 March 1992 regarding the enforcement of the Ordinance on mineral resources;
The base regulations of geological investigation activities, mining, manufacturing and trafficking the gems attached to Decree No. 67-CP on 7-10-1993 of the Government;
Pursuant to Decree No. 130-dated 30 April 1990 of the Council of Ministers (Government) of the functions, duties and the Department of heavy industry;
Decision: article 1. -Attached to this decision a regulation on the protection of natural resources and the related environmental gem.
Article 2. -This decision replaces decision No. 103-QLTN/CNNg the Minister of heavy industry, promulgated on 13 March 1992.
Article 3. -This decision in effect enforced uniformly throughout the country since.
REGULATIONS on the PROTECTION OF NATURAL RESOURCES and the RELATED ENVIRONMENTAL GEMS (attached to decision No 69/QD-QLTN of the Ministry of heavy industry on 21/02/1994) the present rules on the protection of natural resources and the related environmental gems when geological investigation, exploration and exploitation of resources of gems , i. GENERAL PROVISIONS article 1. Gem resources within the country, irrespective of the scale of the large or small, focused in depth on the ground, have been or not been investigating geological exploration, is being, or has not yet been tapped, even in the land of the State has not delivered for use as well as anyone in the land the State has delivered for organizations individuals use to residence, cultivation, building economic, social work, or do other things according to the current law are precious resources, capital of the State by the State management.
All activities of geological investigation, exploration, resource exploitation gem was conducted only after a permit by the Minister of heavy industry level according to the regulations.
Article 2. Resource protection requirements of gems to properly evaluate the potential of their reserves or according to the level of geological investigation research conducted; prevent and handle according to the law the activities of geological investigation, exploration, exploitation, including allowing exploration, mining gems vires; Implementation of the measures against excessive losses, causing the destruction of the gem resources area during the geological investigation, exploration, mining or using the ground on the other purposes of the Organization and the individual.
Article 3. Technical and technological processes used in the stone mining activity due to buffet business but to ensure maximum recovery requests resources real gems there, protecting the product at the same time protecting the environment, including those related to other resources; ensure the safety of people and property.
Article 4. Every organization and individual tasks associated directly or indirectly with the active geological investigation, exploration, mining, resource management, protection of the gems must adhere to strict rules about keeping the secret gem resource situation, and the provisions to protect the product closely gems.
People would accidentally or intentionally disclose State secrets about the gem resources lead to the consequences caused the destruction, loss of natural resources, destroying the environment, causing adverse consequences on social security ... then be responsible according to the law.
Article 5. Within the mining area was delivered, the business is the mining permit holder is responsible for fully protecting the resources of gems, protect the environment, ensure safe mining works as well as the protection of mining products.
Article 6. The local people's Committee has the gem resources under administrative management functions on State territory implementing synchronous measures to protect gem resources have not yet delivered to the mining business, monitoring the enforcement of the law and process according to the law the activities of exploration unauthorized exploitation, activities that cause the loss of environmental resources, disrupting order, social security.
Article 7. Mineral resources management Department of State is responsible for coordinating with relevant agencies in the Central Government and the local people's committees implement inspection, check the State of the management, resource protection, protection of the environment involved in nationwide.
II. RESOURCE PROTECTION GEMSTONE MINING NOT article 8. Stone resources not yet exploited is the place or the area of the ground has not yet been stone or were investigating geology, including the area by the organization or individual tasks or randomly discovered is that has not been the Minister of heavy industry, mining license under the current rules.
Document and resource location gems yet exploited must be kept secret and strictly protected: not held personally, including land use permit holders legally there have the right to exploration and exploitation of resources of gems have not tapped.
Article 9. The Ministry of heavy industry is unified governance the collection, storage, use all documents to geology and mineral resources of the country's gems.

All documents to investigate the geology of gem resources by the organizations under the Ministry of heavy industry or in the ministries, State committees, scientific research bodies including that of the school, the local, the base has collected and built up by any sources of capital or the media would , are the property of the State registration, shall be filed in the archives of the State Geology (geological data information Institute) of the Ministry of heavy industry.
Article 10. The State administration bodies, bodies of the State Geological archives and organizations investigating the geology of gem resources not be entitled to publish or provide documents about the geological resources of gems have not tapped for anyone without the Minister of heavy industry.
The competent authorities and organs of the State geology archives do not reveal the geological materials of the gem because the license server survey, exploration licenses, license exploitation provided unless the owners agree that license or after 3 months from when the license expired without being renewed or not licensed new.
Article 11. The individual organizations directly related to the management, protection, exploration, mining of gems, including the Organization, individuals were allowed to participate in the bidding, selling securities on GEM mines were studied, using geological documentation about resource gems in those locations or specific area being put on tender the stock sale.
Article 12. Random case, individual organizations detect resource places the gem that timely reporting to the local people's Committee or the State administration on mineral resources, do not disclose secrets to others and not automatically proceed to the picking operations , mined before then was rewarded. Conversely, if arbitrarily conducted exploration and exploitation will be considered illegal activities.
Article 13. The people's Committee of the levels command and apply all measures to suspend and handle jurisdiction all surveying activities in exploration, resource mining of gems without license of the Minister of heavy industry or who are authorized Ministers.
III. RESOURCE PROTECTION GEMSTONES and GEMSTONE SPECIMENS in INVESTIGATING the GEOLOGY article 14. The research work, geological investigation, reviews the potential gems in nationwide by the State budget resources must be conducted in the scientific base, using technical methods to be effective, of high quality, make sure not to overlook the promising region.
The Organization was charged with saying on not combine resource recovery organization gems with the purpose of production and business. Whole specimens are part of State assets to be inventory, evaluation, registration and preservation of tight, ensure not to loss or VIN, falsify the results of the study reviews the potential gems of the region research, investigate.
Information and document the results of geological investigation research, reviews the potential gems is the secret documents. The exploit uses the materials subject to the provisions in the chapter on resource protection the gems have not yet exploited.
Article 15. All activities investigated the geology of gem resources conduct in the bidding, selling plots of the stocks by the enterprises involved in the bidding, buy stock if allowed to proceed before the winning bid or buy securities are tender Board held tightly, test monitoring of geological assessment results opening process, digging, taking, processing analysis, reviews the sample. The entire documentation and specimens collected gems all have to inventory, assess, and preservation are closely following a bidding Committee's own rules of gems, not to loss, VIN or falsify the results of the investigation.
Stone Tender Board should ensure the confidentiality of information, the survey document reviews of each business until tender batch were delivered to a business winning bid.
Article 16. Any publicity digging to research, geological survey of resources after the gems were sampled, collect and complete documentation of geological work must proceed, minus the opening work in the area of mining extraction license already are active and are strictly protected.
Article 17. Gem specimens obtained during exploration within the mining area have been delivered in the Administration, use of business is the exploitation license holders are considered to be products of the mining operations of the business.
Article 18. The results of exploration in the mining sector has delivered in secret documents of the State and of the business is the mining permit holder. The mining license owners are responsible for reporting the results of exploration resources of his gems with the competent authorities in accordance with the Ministry of heavy industry and the document of the mining permit holders must be secured according to the provisions of article 10.

Article 19. The mining license owners only conducted mining activities in mining areas range has delivered and subject to the conditions specified in the licence; done in the right order and the measures for ensuring safety, protecting resources and environment under the project or technical design submitted in application for extraction and storage in mineral resources management Department of the State. When you want to change the conditions and the measures of the scheme or design said on must be approved by the project authority or tender Board approved.
Article 20. When designing, building and operating of money tapped to use the systems, technology, logical sequence to ensure maximum recovery and do not suffer losses, does not pollute the environment; do not tap the rich area selection, favorable; do not pour waste or construction of the fixed works up on the areas that resources not yet exploited; the geological and surveying of mines to improve the reliability and increase the reserves of precious stones in the mining areas are entitled to use.
Article 21. Pursuant to the General rules of the State, every business is the mining permit holders must build, train and closely examine the implementation of the rules or regulations: protected resources and mining products, consistent with the process technology, mining and mineral exploration , storage, inventory, shipping ...
The work of mining safety.
Environmental protection of other natural resources (forest, water, soil).
Article 22. The closure of mines subject to the regulations of solid minerals mining closure attached to decision No. 828-CNNg/QLTN on 16-12-1992 of the Ministry of heavy industry.
V. the TERMS OF IMPLEMENTATION of Article 23. This regulation replaces Regulation No. 103-QLTN/Ministry of industry CNNg weighs issued on 13 March 1992 and in effect enforced uniformly throughout the country since January.
Director of Department of mineral resources management guide State and check the enforcement of this regulation./.

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