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Circular 44/2002/ttlt/btc-Bcn: Circulars Valuation Methods, The Method And Procedure Of Payment For Use Of Data, Information On The Results Of A Survey Of Mineral Exploration C. ..

Original Language Title: Thông tư liên tịch 46/2002/TTLT/BTC-BCN: Thông tư hướng dẫn phương pháp xác định giá trị, phương thức, thủ tục thanh toán tiền sử dụng số liệu, thông tin về kết quả khảo sát thăm dò khoáng sản c...

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CIRCULAR guide valuation methods, the method and procedure of payment for use of data, information about the survey results, the State's mineral exploration _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 76/2000/ND-CP dated 15 December 2000 from the Government detailing the mineral law (revised);

Pursuant to Decree No. 87/CP dated 19 December 1996 and Decree No. 50/1998/ND-CP dated 18 July 1998 detailing the Government's decentralized management, establishment, Executive and State budget settlement;

President Finance-Ministry of industry guide valuation methods, the method and procedure of payment for use of data, information on the results of a survey of mineral exploration, state the following: I – GENERAL PROVISIONS 1-the payment of use of data, information about survey results mineral exploration of the State (hereafter referred to as data) in order to complete the State's capital has invested for the survey, looking for mineral exploration.

2-the Organization, individuals are allowed to use the data to pay for State as prescribed in this circular after put the mine into operation. The time of execution of the payment from the date granted mining licenses.

3-data is the entire data was collected and synthesized in the search process, survey, exploration of the types of minerals in solid, gas, mineral water, thermal water (except oil and gas and other natural juices) was invested by the State's capital; expressed in the reports summarizing the work search, prospecting, exploration and the accompanying data was competent State agencies for approval.

4-the use of metrics to follow the provisions of the law on mineral resources and to the provisions of this circular.

The data use cases on the purpose of scientific research, training, or strategic planning, building upon the Mission of the State of affairs is not paid under the provisions of this circular.

5-printing services, copy the figures follow separate rules and not subject to this circular.

II-VALUATION METHOD, the METHOD of PAYMENT for the ORGANIZATION, INDIVIDUALS USING DATA MINING on MINE AFTER PUTTING 1-determine the investment value of State for surveying, mining exploration, search by using the current price A = S (Ki x Zi) + C x H in it :-Ki is the volume of the geological works are based on the statistics in the report summarizing the work search, prospecting, mineral exploration has been the competent State agencies for approval.

-Zi is the price the current geological works.

-C is the other costs included in the value of the project according to the current rules of the State according to the original price.

-H is the coefficient of the difference between the current price and using the original price is determined by the ratio of the current price and the price of the total value of the projects: (Ki x current price/Ki x Zi Zi original price).

2-determine the value payment used the demographics (G) based on the amounts granted in the mining license, G is defined as the following P1 P2 + 50% G = A x P where:-A is the State's investment value calculated according to the formula in khoản1Mục II.

-P is the total reserves of the level A, B, C1 of the entire mine exploration in the report.

-P1 is a total reserve of level A, B are licensed to exploit in the mine.

-P2 is the level C1 licensed capacity to complement the mining reserves at the mine.

3-payment method money uses a metric) Organization, personal use must pay data using data for the State according to the method of payment once in the first two years of the compact or charged over produced. The case value payment used the demographics is under 500 million (five hundred million) payment is compact, then once in the first two years.

b) organizations, individuals have completed the paid use of data according to the method of payment once in the first two years compact since licensed mining will be reduced by 10% of the total amount to pay and have the right to use, transfer of data to the Organization individuals under the provisions of the law on mineral resources and articles 34, 35, 36 of Decree No. 76/2000/ND-CP of the Government.

III-PAYMENT PROCEDURE 1-Ministry of industry, in collaboration with the Ministry of finance determines the value and the method of payment used for data organization, individuals have been mining license under the provisions of section II of this circular.

2-Ministry of finance regulation and tax guide and State Treasury system to perform currency and manage currency for this source of revenue.

3-within 30 days from the date of the decision of the Ministry of industry on the value and the method of payment for the use of materials, organizations, individuals have been granted mining licenses are responsible to the local tax Bureau of mines to registration and payment procedures. The Organization, individual mining made the payment over the annual mining production settlement amount payable according to the actual mine production has exploited with local tax Bureau.

IV-EXEMPTIONS the MONEY BE PAID BACK USING DATA 1-cases are free money to pay:


a) Organization, the individual has paid money to use metrics as defined in point b of paragraph 3 of section II of this circular.

b) where there are discrepancies about the reserves have been probed in mines (over 30% reduction compared with the level A, B, according to the report the result mining exploration) leads to reduce the exploitation of the mine's reserves.

2-level review procedures payment value exemptions on the use of data for the case of the reserves level A, B.

Pursuant to the report of the Organization, the individual was granted a mining license of reduced levels of actual reserves of the mine than licensed mining reserves, according to the poll results report, the Ministry of industry, in collaboration with the Ministry of finance check, considering the current state of exploit the fact of mine on the basis of which the text send the Council reviews the mineral reserves to the Council the organization check, evaluate the level and specific causes falling real reserves of the mine. On the basis of the conclusions of the Council reviews the mineral reserves of the mine's actual capacity reduction, following the opinion and agreement of the Ministry of finance, Ministry of industry determine payment amount reduction of use of materials.

The event organizer, personal use of metrics has completed the payment using the figures for the State according to the method of payment once also considered compact, exemptions as specified above.

V – IMPLEMENTATION 1-organizations, individual licensed mining is responsible for making the payment using the figures prescribed in this circular. The case of the Organization, the individual was granted mining licenses do not make serious use of the payment will be withdrawn mining license under the provisions of article 33 and article 39 of the law on mineral resources.

2-inspection mode, checking, rewarding and handle breach of the implementation of this circular apply in accordance with the current law 3-the Organization, the individual was granted a mining permit before the day this circular effect which permits longer time limit must still pay for the use of data under the provisions of this circular for the reserves be further exploited. For the case had decided the level of currency return on search, exploration for minerals by circular the Ministry of finance-heavy industry of 96 TT/LB on 25 November 1993 rules on payback mode exploration of mineral resource exploitation on mines as they still follow determine currency payback of the Ministry of industry.

4-this circular have effect after 15 days from the date of signing and replaced the circular of Ministry of finance-heavy industry of 96TT/LB on 25 November 1993.

In the process, if there are obstacles suggest organizations, relevant personal reflection on the Ministry of finance, the Ministry of industry to study the resolution.