The DECISION of the MINISTER of INDUSTRY Regarding the enactment "administrative regulations on operation license of minerals," MINISTER of INDUSTRY pursuant to the law on mineral 20/3/1996 and Decree No. 68/CP dated 01/11/1996 of the Government detailed rules implementing the law on mineral resources;
Pursuant to Decree No. 74/CP dated 16/11/1995 the Government functions, tasks, powers and organization of the Ministry of industry;
According to the proposal of the Director General of geology and mineral resources, the Vietnam decision: article 1. Attached to this decision "administrative regulations on operation license of minerals" to apply uniformly throughout the country.
Article 2. Ministries, ministerial agencies, government agencies, provincial people's Committee and the central cities, organizations, individuals involved in mineral activity is responsible for the implementation of this decision.
 
ADMINISTRATIVE REGULATIONS on OPERATION LICENSE of MINERALS (attached to decision No. 325/QD-ĐCKS 02/26 in 1997 of the Minister of industry) chapter I GENERAL PROVISIONS article 1. The administrative procedure of mineral activity licence is granted, the procedure on extension, allow return, revocation of the license of operation of minerals; allow the transfer, inheritance rights to exploration, mining, mineral processing and registration of the mineral activities.
Article 2. Active mineral license says in this Regulation include: mineral prospecting license;
Protestant exploration license products;
Mining license;
Mineral processing licenses;
Artisanal mining license of minerals.
Article 3. Administrative regulations on operation license of minerals adhere to guidelines, procedures have been stipulated in articles from Article 48 to 63 Articles of Decree No. 68/CP dated 11 November 1996 from the Government detailed rules implementing the law on mineral resources (hereinafter referred to as the Decree 68/CP) , be specific in this regulation.
Article 4. The authority to grant, renew, recover, allowing the return of active mineral permits, allow the transfer of active mineral rights under the provisions of article 9, Decree 68/CP, namely: 1-Ministry of industry issued the following license type: license prospecting for minerals;
Mineral exploration license;
License extraction, mineral processing license types, except the mining license, the license of mineral processing issued by the provincial people's Committee, the central cities (hereafter referred to as PPC) the provisions in paragraph 2 of this article;
Mining license, the license for processing minerals do conventional building materials for areas the boundaries of two or more provinces, or in the case of grants for foreign individuals or organizations organized the venture have foreign parties.
2-level people's committees the following license types for the area under the responsibility of local administrative management.
Artisanal mining license types of minerals for The industrial area was delineated according to the provisions of article 66 of Decree 68/CP;
License extraction, mineral processing license do the usual building material and peat for organizations and individuals in the country, except the mining license, license processing issued by the Ministry of industry to the provisions in clause 1 of this article.
3-the competent authority granted the license type mineral operations would then have the right to renew, revoke, lets return the license type that and have the right to allow the transfer of active mineral rights under that license type.
Article 5. The agency receiving the application, active license records of the industrial minerals are geological and mineral Bureau of Vietnam.
The agency receiving the application, records of mineral activity license of the people's Committee of the province's industrial Facility in the province.
The agency receiving the application, active license records of responsible mineral guide facilitates the Organization, personal information relating to the selection of regional, area and administrative procedures of the operation license of minerals.
Article 6. License fee mineral activity is performed according to the regulations of the Ministry of finance and the Minister of industry.
 
CHAPTER II the MINERAL PROSPECTING LICENSE article 7. Organizations and individuals apply for mineral prospecting license must submit to the Department of geology About Vietnam's production: 1. Application for mineral prospecting permit (form 1);
2. The project of mineral prospecting, which stated the location, boundaries and area: Geology and survey objects (deposits), the method and the volume of the work; the duration, scheduling and cost estimation, financial sources;
3. Map the mineral prospecting areas based on the terrain has a rate of not less than 1:100,000, perpendicular coordinates UTM system (model 2), four (4). Survey area boundaries are delineated by mineral boxes, each box has a size of 1 km x 1 km. The text on the legal status of the application in accordance with the law.
Article 8. Within a period not exceeding sixty (60) days from the date of receipt of a valid application of the Organization, individuals in water and not more than ninety (90) days from the date of receipt of a valid application of the Organization, foreign individuals or entities having foreign side venture, geological and mineral Bureau Vietnam must complete the evaluation profile , the Minister of industry survey permit (form 03) or single server reply in writing regarding the license cannot be granted.
Article 9. To renew the licence of mineral survey, organizations, individuals are allowed to have single survey (form 4) clarification of reasons enclosed license renewals to report survey results of minerals made sent to Bureau of geology and minerals Vietnam before the expiry of the license not less than thirty (30) days. Within a period not exceeding thirty (30) days from the date of the application and documents, license validity survey, geological and mineral Bureau Vietnam must consider, the Minister of industry renewal decision (form 5) or single server reply in writing about the license not be renewed.
Article 10. To be paid back mineral prospecting license, organizations, individuals are allowed to have single survey (Form 6) stating the reason please return the enclosed License report survey results to date please return the license sent to the geological and mineral Bureau of Vietnam.
Within a period not exceeding thirty (30) days from the date of the application and documents, The industry must have written permission to return the licence (form 7) or text exchange with the host application.
Article 11. Survey license is revoked under the provisions of article 24 of the law on mineral resources and articles 58, Decree 68/CP was shown by the decision of the Minister of industry (form 8).
 
CHAPTER III MINERAL EXPLORATION PERMITS article 12. Organizations and individuals apply mineral exploration license, must be sent to the geological and mineral Bureau Vietnam: 1. Application for mineral exploration permit (form 9);
2. mineral exploration project, which stated the location, boundaries and area; the basis of geology, exploration targets (except mineral intake); technology and the volume of the work primarily; implications for ecological environment, resources, structures and other assets; the duration and progress of the operation; estimating the cost of exploration, financial sources...;
3. Map the mineral exploration sector based on the terrain, the perpendicular coordinates UTM system, four (4).

The boundaries of mineral exploration areas are delineated according to the closed polygon. The region has an area of exploration from a square kilometres (1km2) and above are delineated according to the boxes, each box has a size of 1 km x 1 km map 1:50,000 (form 10); exploration area has an area of less than a square kilometre (1km2) delineated on a map the ratio not less than 1:5000 (form 10a).
4. The texts of legal, property, financial capacity of single owner under the provisions of the law;
5. A copy of the licence (if any) be certified by the State.
Article 13. Within a period not exceeding sixty (60) days from the date of receipt of a valid application of the Organization, individuals in water and not more than ninety (90) days from the date of receipt of a valid application of the Organization, foreign individuals or entities having foreign side venture, geological and mineral Bureau Vietnam to complete the Organization of the evaluation profile , determine the minimum exploration costs, PPC in opinions and the governmental accountability, testing and process the Minister of civil license visit due (form 11) or single server reply in writing regarding the license cannot be granted.
Article 14. Before receiving the license for exploration, the Organization, the individual must submit the deposit exploration, exploration license fee and the fee for exclusive exploration as specified in articles 28, 29, 30 the Decree 68/CP. Article 15. According to the provisions of article 51 of Decree 68/CP, the Agency asked the opinion under its jurisdiction have the responsibility to answer the geological and mineral Bureau Vietnam in writing within a period of twenty-five (25) days from the date of the writing consult the Bureau after the time limit for the said If no text answered by the Agency asked the opinion considered that the Agency had approved the licensing of mineral exploration.
In the case of the text of the reply the authorities have different opinion, geological and mineral Bureau Vietnam could Exchange organization to unify the opinion or the Minister of industry to review the decision.
Article 16. For mineral exploration licence under the provisions of the Government to be the Prime Minister agreed to allow, within a period not to exceed twenty (20) days from the date of receipt of the notification of the Government Office of the Prime Minister's comments, geological and mineral Bureau Vietnam must improve the profile process of the Minister of industry the exploration license or single server reply in writing regarding the license cannot be granted.
Article 17. To renew the licence for exploration of minerals, the day before the licence expires not less than thirty (30) days, the Organization, individuals are allowed to send probes to the geological and mineral Bureau Vietnam: 1. An application for renewal of mineral exploration licence (form 12);
2. information report of the results and the costs of exploration has been done; the program, workload and cost estimation of exploration continues;
3. Map of the exploration area, which have excluded at least thirty percent (30%) the area under the license granted earlier.
Within a period not exceeding thirty (30) days from the date of the application and a valid record of geological and mineral Bureau, Vietnam must consider, the Minister of industry renewal decision (form 13) or single server reply in writing about the license not be renewed.
In the case of mineral exploration licence has expired but the application and renewal application is being considered, then the license continues in force until a decision is extended or single server reply in writing about the license not be renewed.
Article 18. To get back to mineral exploration license, organizations, individuals must submit to the geological and mineral Bureau Vietnam: 1. Application for return of mineral exploration permit (form 14);
2. Report the mineral exploration results and report on the costs of exploration was done to please return the license;
3. the financial statements were made.
Within a period not exceeding 30 days from the date of the application and a valid record of geological and mineral Bureau, Vietnam must review and submission to the Minister of industry the decision (form 15).
Article 19. To be paid back in part area of exploration, the Organization, the individual must submit to the geological and mineral Bureau Vietnam: 1. Application for return of a part of area mineral exploration (model 16);
2. report the result of mineral exploration has been done in the area please return;
3. Map the area of exploration was continued;
4. The volume of the work and cost estimation;
5. continue exploration program.
Within a period not exceeding 30 days from the date of the application and a valid profile, geological and mineral Bureau Vietnam must consider, the Minister of industry the decision (form 17) or single server reply in writing.
Article 20. To be the transfer of mineral exploration, the Organization, the individual must submit to the geological and mineral Bureau Vietnam: 1. Application for the transfer of mineral exploration right (model 18);
2. The contract of transfer of mineral exploration right;
3. A listed property value will be attached to the transfer of the contract of assignment;
4. Report the results of exploration costs have made and the obligation to have completed up to please grant probe;
5. The certificate of legal, property, financial capacity of organizations and individuals, please grant probe;
6. investment permit copy certified by notary (for organizations, individuals please assignee is held, foreign individuals or organizations to venture there foreign party).
Within a period not exceeding 30 days from the date of the application and documents, the exploration licence are valid, geological and mineral Bureau Vietnam must consider, the Minister of industry the decision or single server reply in writing about the exploration license is non-transferable.
Article 21. The transfer of the rights probe was approved by the new exploration permit (form 19) for the Organization, the individual assignment matching exploration rights are specified in the licence granted before being recovered at the same time. In the case of exploration rights are not eligible to transfer under the provisions of article 56 of Decree 68/CP, the Organization, individuals have the right to return the exploration license under the provisions of article 18 of this regulation.
Article 22. To be legitimate mineral exploration rights, the Organization, the individual must submit to the geological and mineral Bureau Vietnam: 1. Application for mineral exploration rights inheritance (model 20);
2. Legal document proving a single owner is the legal heir of the individual mineral exploration is allowed;
3. Report the results of exploratory work, costs were made, the program continues to operate the exploration.
Within a period not exceeding thirty (30) days from the date of the application and documents, the exploration licence are valid, geological and mineral Bureau Vietnam must consider, the Minister of industry.
The inheritance rights of mineral exploration is approved by the new exploration permit (form 21) for organizations, individuals inherit match mineral exploration rights are specified in the licence granted before being recovered at the same time.
Article 23. The case of the Organization, individuals are legitimate rights of mineral exploration is not eligible to continue the exploration activities, the Organization, that individual has the right to assign the right to probe for the Organization, the other individual as specified in article 20, or please return the exploration license under the provisions of article 18 of this regulation.
Article 24. Mineral exploration license is revoked under the provisions of article 29 of the law on mineral resources and articles 59 to Decree 68/CP, was shown by the decision of the Minister of industry (model 22).
 

CHAPTER IV MINING PERMITS article 25. The Organization, individuals who want to apply for licensing mining must send to the receiver menu: 1-application for a mining license (form 23 and 23a);
2. The text approved or appraisal report exploration of competent authorities under the provisions of article 68 of Decree 43/CP and documents certifying the report probe into geological storage State;
3. the feasibility study report on mining text enclosed appraisal, approval under the provisions of article 44 of Decree 68/CP;
4. A map of the mineral extraction sector (expected) on the terrain has a rate of not less than 1:5,000, perpendicular coordinates UTM system (model 24 and 24a), four (4).
5. The text on the legal status of the server (if the server is not a single organization or individual was allowed to probe);
6. The certificate on the property, the financial capacity of the single owner (owner);
7. Copy the investment license to exploit minerals certified by notary (for foreign individuals, institutions or organizations to venture there foreign parties);
8. The report reviews the environmental impacts have been assessed, approved under the provisions of the law on the protection of the environment;
9. Documents confirming the quality of water resources use, health authorities have the authority under the regulations of the Ministry of health if the mineral exploiting is mineral water, hot water, clean water nature is used to aim the treatment, nursing, bottled soft drinks.
Article 26. Within a period not exceeding sixty (60) days from the date of receipt of a valid application of the Organization, individuals in water and not more than ninety (90) days from the receipt of a valid application of the Organization, foreign individuals or entities having foreign side venture, the receiving application must complete the evaluation profile , testing, collect the opinions of the agency owner responsibility and the Authority decided to license the exploitation (model 25, 25a and 25b) or answer individual organizations in writing about the licence not be granted.
Article 27. The sequence, procedure, the time limit for collecting the opinions of the agency owner responsible for comments or ask the Prime Minister to consider before granting mining licenses comply with the provisions in articles 15 and 16 of this regulation.
Article 28. In case of published application for mineral extraction on the mass media to collect comments, then the receiver should announce before the licensee not less than twenty-five (25) days.
Article 29. To be renewed mining license, the license expires the day before not fewer than three (3) months, the Organization, the individual must submit to the agency receiving unit: 1. Application for a renewed mining license (form 26);
2. report the result mining activity since the license valid until the time of the request; The remaining mineral reserves and area please continue to exploit;
3. the manifest duty: tax, compensation for damage, protect the environment, restore the land in the area has terminated operations, etc.;
4. A map of the current status of mining at the time of request. Within a period not exceeding thirty (30) days from the date of the application and documents, valid mining licence, the receiving agency should consider, the Authority decided to out of date (model 27 and 27a) or single server reply in writing about the license not be out of date.
Article 30. To be charged back to the mining license, the Organization, the individual is sent to the receiver menu: 1. Application for return the mining license (model 28);
2. report the result mining since the license valid until the time please return the license;
3. Statement of the obligations already undertaken as of the time please return the license tax, compensation ...
4 the project closed the mine to liquidate or close the mine to protect under the provisions of the Ministry of industry;
5. Map the current state of mining.
Within a period not exceeding thirty (30) days from the date of the application and documents, single receiver to consider, the decision authority (form 29 and 29a).
Article 31. To be paid back part of area exploited, the Organization, the individual is sent to the receiver menu: 1. Application for return of a mining area section (form 30).
2. report the result mining, geological situation and mineral reserves remaining in the area please return;
3. Plan the environmental recovery, land, mineral resources protection and guarantee safety for area please return;
4. A map of the current status of mining at the time please return the part area of exploitation.
Within a period not exceeding thirty (30) days from the date of the application and documents, the receiving agency should review and the decision authority (model 31 and 31a).
Article 32. To assign rights to exploit mineral resources, organizations, individuals must send to the receiver menu: 1. Application for the transfer of mining rights (model 32);
2. The contract of transfer of mining rights;
3. A listed property value will be attached to the assignment transfer mining rights;
4. report the result mining and the obligations have been completed as of the time of transfer of exploitation rights, please;
5. A map of the current status of mining at the time of the transfer, please;
6. The certificate of legal, property, financial capacity of organizations and individuals, please receive mining rights to transfers;
7. investment permit copy certified by notary (for organizations, individuals receive the transfer is held, foreign individuals or organizations to venture there foreign party).
Within a period not exceeding thirty (30) days from the date of the application and documents, single receiver to consider, the authority to decide or single server reply in writing on the exploitation rights are not transferable.
Article 33. The transfer of mining rights was accepted by the licensing of a new extraction (sample 33 and 33a) for organizations, individuals receive the assignment of exploitation rights, consistent with the provisions of the previous permit is revoked at the same time. In the case of mining rights are not eligible to transfer under the provisions of article 56 of Decree 68/CP, the Organization, individuals have the right to return the license under the provisions of article 30 of this regulation.
Article 34. To be legitimate mining rights organization, the individual must submit to the receiver menu: 1. Application for mining rights inheritance (model 34);
2. Legal document proving a single owner is the legal heir of the individual be allowed to exploit minerals;
3. report the result mining to the point please inheritance;
4. A map of the current status of mining to the point please accept the inheritance. Within a period not exceeding thirty (30) days from the date of the application and documents, valid mining licence, the receiving agency should consider, the decision authority.
The mining rights to inheritance is approved by the licensing of new mining (model 35 and 35a) for the Organization, individuals are inherited, in accordance with the mining rights are specified in the licence granted before being recovered at the same time.
Article 35. The case of the Organization, the individual is entitled to inherit the lawful mining rights are not eligible to continue mining operations, the Organization, that individual has the right to assign the right to exploit for the Organization, the other individual as defined in article 32 or please return the mining license under the provisions of article 30 of this regulation.

Article 36. Mining license is revoked under the provisions of article 39 of the law on minerals and 60 by Decree 70/CP, was shown by the decision of the competent organ of that license (model 36 and 36a).
Article 37. Administrative procedures on artisanal mining permit by the province people's Committee rules after the agreement of the Ministry of industry and in accordance with the provisions of the law on mineral resources, articles from Article to article 65 70 of Decree 68/CP application for artisanal mining and artisanal mining license has content unity in nationwide (model 37 and 37a).
Article 38. The provisions in paragraph 4 to article 65 of Decree 68/CP on artisanal mining contracts and artisanal mining tag is applied as follows: 1. artisanal mining contract was signed between the organization allowed artisanal mining enterprises to individuals (not businesses) to perform the exploit to take advantage of currency on the basis of ensuring liability of mining rights take advantage of the currency of the Organization's business and responsible for reciprocity of the Contracting Parties.
2. artisanal mining by the Card organizations are allowed to exploit the business recovery grant to individuals (not businesses) to perform the exploit to take advantage of currency in case may not own an area delineated artisanal mining for the individual. Artisanal mining cards follow the unified model, there is a time limit of not more than 12 months, was extended several times, each time not to exceed 12 months, and do not exceed term of validity of the licences granted for artisanal mining enterprises.
 
Chapter V MINERAL PROCESSING LICENSE Article 39. The Organization, individuals do not have mining licenses want to license the mineral processing is sent to the receiver unit as defined in article 5 of this Regulation: 1. Application for a license the mineral processing (model 38);
2. the feasibility study report on the mineral processing of text attached to the appraisal, approval under the provisions of article 44 of Decree 68/CP;
3. Copy invested in mineral processing certified by notary (for single-server organizations, foreign individuals or organizations to venture there foreign parties);
4. The certificate of legal, property, single owner's financial capability;
5. The report reviews the environmental impacts have been assessed, approved under the provisions of the law on the protection of the environment.
Article 40. Within a period not exceeding sixty (60) days from the date of receipt of a valid application of the Organization, individuals in water and not more than ninety (90) days from the date of receipt of a valid application of the Organization, foreign individuals or entities having foreign side venture, the receiving application must complete the evaluation profile , fact check, collect the opinions of the agency owner responsibility and the Authority decided to license processing (sample 39 and 39a) or answer individual organizations in writing about the licence not be granted.
Article 41. The sequence, procedure, the time limit for collecting comments the agency owner responsible for comments or ask the Prime Minister to consider before granting permission for processing minerals adhere to provisions in articles 15 and 16 of this regulation.
Article 42. To be renewed the license of mineral processing, then, before the expiry of the license not less than three (3) months, the Organization, the individual is sent to the receiver menu: 1. An application for renewal of license for mineral processing (model 40);
2. Report the results of operations of processing minerals since the license valid until the time of the request; Mineral production will be further processed;
3. the manifest duty: tax, compensation, protection of the environment.
Within a period not exceeding thirty (30) days from the date of the application and a valid profile, mineral processing license validity, single receiver to consider, the Authority decided to extend (model 41 and 41a) or single server reply in writing about the license not be renewed.
43 things. To be returned permits processing of minerals, the Organization, the individual is sent to the receiver menu: 1. Application for return processing mineral permits (model 42);
2. Report the results of processing minerals since the license valid until the time please return the license;
3. Statement of the obligations already undertaken as of the time please return the license tax, compensation ...
Within a period not exceeding thirty (30) days from the date of the application and documents, single receiver to consider, the decision authority (sample 43 and 43a).
Article 44. To assign rights to mineral processing, organization, the individual must submit to the receiver menu: 1. Application for the transfer of rights to mineral processing (form 44);
2. Move the right mineral processing;
3. Statement of actual property values are transferable;
4. Reporting results of mineral processing, costs were taken and the obligation to have completed up to please grant a mineral processing;
5. The certificate of legal, property, financial capacity of organizations and individuals, please accept the transfer rights to mineral processing;
6. Copy the investment license to mineral processing certified by notary (for organizations, individuals receive the transfer is held, foreign individuals or organizations to venture there foreign party).
Within a period not exceeding thirty (30) days from the date of the application and documents, single receiver to consider, the Authority decided, or single server reply in writing on the mineral processing permit is non-transferable.
Article 45. The transfer of rights to mineral processing was accepted by the licensing of new minerals processing (model 45 and 45a) for the Organization, the individual assignee, in accordance with the right minerals provisions in the previous license revoked at the same time. In the case of processed mineral rights are not eligible for transfer as defined in paragraph 4 to article 61 and article 68 of Decree 56/CP, the Organization, individuals have the right to return the license for mineral processing as defined in article 43 of this regulation.
Article 46. To be legitimate rights of mineral processing, organization, the individual must submit to the receiver menu: 1. Apply inherited rights to mineral processing (form 48);
2. Legal document proving a single owner is the legal heir of the individual allowed mineral processing;
3. Report the results of processing minerals and plans to continue operating mineral processing.
Within a period not exceeding thirty (30) days from the date of the application and a valid profile, mineral processing license validity, single receiver to consider, the decision authority.
The inheritance rights of mineral processing is approved by the licensing of new minerals processing (model 47 and 47a) for the Organization, individuals are inherited, match the right mineral processing are defined in the previous level license revoked at the same time.
Article 47. In the case of organizations, individuals are legitimate rights of mineral processing but not eligible to continue processing the Organization, that individual has the right to assign the right processing for organizations, individuals as defined in article 44 or please return the processed license as prescribed in article 43 of this regulation.
Article 48. Mineral processing permit is revoked as prescribed in paragraph 3 Article 68 of Decree 61/CP, was shown by the decision of the competent authority that permit (form 48 and 48a).
CHAPTER VI STATE REGISTRATION, Notice MINERAL ACTIVITIES

Article 49. Mineral activity must be registered at the State agency that receives an application for a license prescribed in article 5 of this regulation before delivery of the license for the server application.
All mineral operations under licence granted by competent authorities within the country must be registered, fully-synthetic geological and mineral Bureau in Vietnam.
Article 50. The agency receiving the application for licensing is responsible for storing the profile active mineral licenses.
Article 51. Active license is assigned to a single host minerals two (2) copies and sent to the organs of State to register or operate under the following regulations: 1. license prospecting, mineral exploration license accompanied by a map or survey areas exploration area was sent to the Department of industry of the province at a facility (1).
2. mining license attached to map the area of extraction, mineral processing license by Ministry of industry level are sent to the Department of industry of the province at a facility (1).
3. License for mining and building materials, peat extraction license take advantage of currency and permit mineral processing by the Chairman of the provincial people's Committee issued the attached map mining area and the necessary information to register the activity of extraction, mineral processing by the Department of industry set up to be sent to the Bureau of geology and mineral resources (a Vietnam 1).
4. Copy the license of mineral activity by organizations, individuals are allowed to operate minerals sent to the other authorities at the request of the agency that when the procedures of land registration, rental business, ... Article 52. The volume of minerals made of conventional building materials are exploited without having to apply for mining permits in the cases specified in article 62 of Decree 68/CP must be registered at the State administration on mineral resources according to the following rules: 1. The area of operations in the scope of the administrative management of a province was registered at the industrial Facility the province;
2. Active area within the boundaries of two or more of the registered at the Bureau of geology and mineral resources and the Department of industry of Vietnam.
Article 53. The announcement of the plan and program of activities for minerals as well as report the results mode mineral activities have separate rules.
 
CHAPTER VII ENFORCEMENT PROVISIONS Article 54. This regulation is effective from the day of promulgation. The previous provisions contrary to this regulation are repealed.
Article 55. Within a period not exceeding ninety (90) days from the date issued, the mineral activities in progress but not yet have a license or permission is granted authority, no proper mineral activity is not registered, the license record is not yet a full archive, exactly according to this regulation must be done again or supplemented in accordance with this regulation.