The DECISION of the MINISTER of HEAVY INDUSTRY regulation, guidelines for State registration and khâi area of solid minerals mining.
 
The MINISTER of HEAVY INDUSTRY-based mineral resources Ordinance on 28-7-1989 by the State Council and Decree No. 95, dated 25 March 1992 of the Council of Ministers regarding the enforcement of the Ordinance on TNKS;
-Pursuant to Decree No. 130/dated 30 April 1990 of the Council of Ministers Regulation functions, tasks and organization of the Ministry of heavy industry;
-At the suggestion of the Director manages state mineral resources, decision: article 1. -Now attached to this decision "stipulated guidelines, procedures for exploiting and register State mining area of solid minerals" to apply uniformly throughout the country.
Article 2. -Chairman of the province, central cities, Director General of mineral resources management, organization, individual mining of solid minerals is responsible for the implementation of this decision.
Article 3. -Previous regulations on procedure for licensing of solid minerals mining contrary to regulations enacted by this decision were dismissed.
 
RULES, GUIDELINES For STATE REGISTRATION And The MINING AREA Of SOLID MINERALS.
(Attached to decision No. 588-CNNg/QLTN on August 1, 1992 the Ministry of heavy industry)
 
I. GENERAL PROVISIONS article 1. -In this Regulation: 1. solid mineral resources are split up the Group consistent with the principle of decentralization of authority for permission to investigate the geology and mining under article 14 of the Decree 95-dated 25 March 1992 of the Council of Ministers (hereinafter referred to as the Decree 95-HĐBT), specifically including : a) The precious minerals: precious metals (gold, silver, Platinum); radioactive ores; precious stones: diamonds, sapphires, êmơrot, rubi.
b) mineral building materials (brick and tile clay, sand, Pebble, gravel, crushed stone, building stone, bee rock).
c) other solid minerals not belonging to the Group (a) and (b) above.
2. Mining is the activity aimed at obtaining minerals from the Earth (even in the face of the Earth, have no land or land covered by water or not, there are surface water) include the form and scale below:-harness personal craft, use rudimentary tools, handheld is primarily , can use the small, maneuverable motorized transport by people or animals.
-Small-scale extraction with total volume of mineral and rock under 30,000 m3 or below 50,000 t/year, basic investment of no more than 1 million u.s. dollars.
-Large-scale mining of minerals and soils masses, basic capital is not the small scale mining.
3. mineral recovery operations to recover the minerals have been dug up from the search works, geological exploration or from other works not to mining.
4. Decisions mining area is mining permit mineral resources, which clearly define the location, boundaries, the area of the mining areas, reserves and deposits as well as time limits are produced there.
5. License to exploit mineral resources or have the same content, such as the nature of the decision delivered the mining area or just identify the location, volume and type of mineral resources at the same time limit the extraction was conducted without an interface area of the mining area. This second case usually involves the exploitation license form of testing, sampling technology (in addition to options probe), the license of artisanal mining.
6. the mining sector is the area of ground mineral resources have been identified in decisions of mining areas or mining licence mineral resources (hereinafter referred to as the mining license) be competent person or the authorized level for the Organization individuals to exploit the mineral resources there.
The mining sector boundaries are determined by the boundaries of mining (mineral ready) or a Department within the boundaries there are subtropical to assure the working of mines and waste dumps area, but does not include an area of factory building, Office, House of mining companies in which contains no mineral resources exploitation rights pursuant to the license.
Article 2. -Each mining area just be assigned to an organization or individual may qualify financially and technically to be allowed to active (practicing) mining under the laws and regulations of the Government of Vietnam:-The State enterprise,-The economic unit of the armed forces ,-private enterprises, the company founded and operated by private business Law and Company Law,-collective economic organizations,-the business has allowed foreign-invested business activities according to the law on foreign investment in Vietnam,-in addition to the aforementioned individual businesses are allowed to exploit individual craft through economic or contract the labor contract with the business is the mining permit holder.
No license for mining organizations, state management bodies in local as well as central agencies, unions and mass organizations or party organizations and units of the armed forces.
Article 3. -The grounds for granting mining licenses comply with article 16 of Ordinance about mineral resources present specifically as follows: 1. Policy, planning of economic development-social, mining planning of the State;
2. The results of geological survey and mineral resources reserves in the area please exploit has been reviewed or evaluated according to the provisions of article 16 of Decree 95-HĐBT.
3. the technical-economic justification or mining project (if small scale) are browser according to the regulations of the State have content and process technology ensure mineral resources are exploited to the full, fair use; protection of the environment; secure the work of mine.
4. the financial and technical conditions as well as the legal status of the competent bodies is confirmed according to the regulations of the Government of Vietnam.
The license for the exploitation of test cases, sampling technology (in addition to options probe), artisanal mining will base on the scheme or scheme respectively, the purpose, requirements and the specific conditions of their application and exploiting objects.
Article 4. -The granting of mining licenses in which was there before the fixed buildings, residential, cultural, historic attractions, landmarks, national forest garden surveying, national defense buildings or other objects have the same important sense it must be the competent agency to manage the objects that the agreement , or a decision of the Prime Minister about it.
Article 5. -The duration of large scale mining permit based on the life of the mine is determined in the technical-economic justification of exploitation. The time of each small scale mining permit for a maximum of 2 years and can be renewed several times, each time not more than 2 years. The duration of the exploitation license can craft a maximum of 1 year and can be renewed several times, each time not more than 1 year.
Article 6. -Mining License Holders are not transferred, ceded the mining areas are selling exploits for other individuals or organizations, except the mining rights inheritance by law.
The mining license holders have the right to transfer, sell his works construction to mining and its mining rights to organizations or individuals have adequate conditions according to article 2 after being authorized to license that allows mining in writing.

Article 7. -Mining License Holders want to change one or the conditions of the licence granted must have the authority to license that allows writing.
Article 8. -Allows mining jurisdiction comply with article 14 of the Decree 95-HĐBT: a) the President of the Council of Ministers to allow the mining precious minerals.
b) Minister of heavy industry to license precious minerals mining after the President of the Council of Ministers for permission, and licensed mining mineral the category unless otherwise stated in the paragraph (c) and (d) of this article.
c) Chairman or central cities (below referred to as PPC) licensed mining the minerals made of conventional construction materials (brick and tile clay, sand, Pebble, gravel, crushed stone, building stone, bee rock) and peat with yields not exceeding 30,000 scale m3 or 50,000 tons of raw births each year.
d) Director manages state mineral resources mining permit testing, sampling technology (in addition to options probe) and artisanal mining for minerals under the authority that allows the extraction of the President of the Council of Ministers or the Minister of heavy industry.
Article 9. -Mineral resources management Department of State reception, evaluation and application for mining, fact check, draft mining license, the Minister of heavy industry decided by the authority or submitting Chairman Council of Ministers decision.
Craft-industrial facility or agency is the Chairman of the provincial people's Committee received authorization, authentication, application for mining, fact check, draft mining permit the Chairman to decide according to the authority.
Article 10. -Before licensing the extraction of minerals by the authority, the Agency was Chairman of the authorisation shall inform the Bureau of mineral resources management in the State (or Regional Bureau in the Department if applicable) about types of minerals, mining and mining output location will be granted a license to exploit.
The case of the written opinion of the Bureau of mineral type QLTNKSNN intended to be licensed for exploitation is not the right kind of under the authority of the Chairman or that contains other material components are worth more than do conventional building materials, the Chairman of the mining license No.
Article 11. -Before the start of the mining activity must be registered in the Office of the State QLTNKS State (or Regional Bureau in the Department if there is) and in provincial TNKS administration under the articles 17, 18 and 19 of this regulation.
II. procedures for EXPLOITING article 12. -Organizations, individual Vietnam under article 2 of this regulation want to be mining rights must submit to the authorized agency appraisal under article 9 of this Regulation: 1. Application for mining (model No. 1).
2. the technical-economic justification or mining scheme consistent with the content requirements of the article 19 ordinances about TNKS.
3. Map the mining sector (KVKTM) 4. The text of the original document or copy attached as: dispatch proposed by the governing body (The PPC) PPC or opinions of (if home menu is private enterprise, limited joint-stock company); The decision to approve or text reviews the report and mineral reserves; Joint venture agreement, the economic contract; business registration certificate ... Article 13. -The enterprise has the investment license to exploit due to the State Committee on investment cooperation level must submit to the Department of management TNKS State:-a copy of the investment license and the accompanying profile investment license-map areas of mining-mining application (form No. 2) case justifying the feasibility of investment have yet to clarify the process technology , environmental protection measures and progress plans to exploit additional schemes that content.
Article 14. -Map the mining areas are established 3 sets of the same (1 save in licensing agency tap, 1 save in the registry KVKTM and 1 return home) KVKTM map is a map (copies) of the terrain on the present border KVKTM (expected) is a lot of straight edge The outcrop, and the boundaries of the mineral, geological structures and old mining buildings (if any), the system of streams and rivers, lakes, ponds and roads works, flowers, forest, road boundary of KVKTM tells the Party (if any) the mine construction.
The right of the map sheets recorded the opinion of the licensing authority, to the left of the map projection presented by KVKTM according to the rate of exhaustion has recorded the coordinates of the points limit angle, KVKTM area (ha) and a few sections of typical to indicate the depth of exploitation.
Rate map not smaller than 1:5000. When an area of 100 hectares larger than KVKTM, you can use the map smaller rate but not less than 1:25,000. The coordinates of the map must be defined clearly, accurately and clearly coordinate system (model 3).
Article 15. -Within 25 days of the receipt of the full application for mining, the receiving Agency is responsible for completing the evaluation, testing, collect the opinions of the agency owner responsibility and the authority to decide.
Within 45 days of receipt of the application if the application for mining is not resolved, the receiving agency should inform in writing to single owners stating the reason for the application is not resolved.
Need additional case records on the time limit may be extended to correspond with the time required for a single host.
For those minerals under the authority the decision of the Council of Ministers shall settle period depends on the decision of the President of the Council of Ministers.
Article 16. -Exploiting Owners must pay to load the application, licensing fees or renew, or transfer of mining licenses as required.
Article 17. -Allows profile mining include: 1. the mining permits or decisions KVKTM (model number 4 and 5) 2. Map KVKTM had the signature of the authorized person and the seal of the agency receiving the application, the number and date of registration KVKTM.
Also in the receiver menu to save the other document said in articles 12 and 13.
The mining permits or decisions KVKTM must be why sent to the PPC (district), the Department or agency that administers the State of technical-economic sector respectively in the Central (if available).
III. REGISTRATION PROCEDURE the MINING SECTOR Article 18. -For mining by the Chair of the Council of Ministers to allow mining or heavy industrial Minister or the Minister's authorized to license the exploitation was simultaneously register state at QLTNKS State Bureau before delivery to the license Bureau.
The mining area in this mining license holders must be registered at the agency level mineral resources management Department, at the same time with the registration of business according to regulations in the local authorities.
Article 19. -For mining by the Chairman the mining license, the application server must do the registration procedure in the Office of the State QLTNKS or KVKTM in the Regional Bureau in the Department (if any).
State registration records KVKTM consists of: 1. A copy of the decision or KVKTM exploitation license delivery.
2. Map the mining area have been marked and the signature of the authorized person (article 17), the two sets.
Article 20. -Within a period of not more than 5 days, the registry must complete all registration procedures and the level of registered certificate for the server license (model No. 6), signed, stamped on the map KVKTM (the return to mining permit holders).
IV. Article 21 ENFORCEMENT TERMS. -This regulation with effect from the day of promulgation. These rules, instructions of the ministries and agencies directly under the Council of Ministers, the level of this contravention are abolished.

Article 22. -Within a maximum of 90 days those areas currently being exploited but not yet have a permit or licence granted vires; not yet registered or mining areas have yet to fully mine the records as prescribed, they must redo the extraction procedure or complementary and registered under this regulation.
On expiry, the mining activity has no mining permits or decisions of mining area according to this regulation are all unauthorized activities and dealt with according to the provisions of the law.