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THE GOVERNMENT OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
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No. 21/2026/ND-CP |
Hanoi, January 16, 2026 |
AMENDMENTS TO DECREE NO. 193/2025/ND-CP DATED JULY 2, 2025 OF THE GOVERNMENT ELABORATING THE LAW ON GEOLOGY AND MINERALS AND ELABORATING THE LAW ON AMENDMENTS TO THE LAW ON GEOLOGY AND MINERALS
Pursuant to the Law on Government Organization No. 63/2025/QH15;
Pursuant to the Law on Geology and Minerals No. 54/2024/QH15 amended by the Law No. 147/2025/QH15;
At request of the Minister of Agriculture and Environment;
The Government promulgates Decree on amendments to Decree No. 193/2025/ND-CP dated July 2, 2025 of the Government elaborating the Law on Geology and Minerals and elaborating the Law on amendments to the Law on Geology and Minerals.
Article 1. Amendments to Decree No. 193/2025/ND-CP dated July 2, 2025 of the Government elaborating the Law on Geology and Minerals and elaborating the Law on amendments to the Law on Geology and Minerals
a) Amend Clause 2:
“2. Mining spoil means rock, soil, clay, and other minerals in solid form discarded in the process of mineral production and processing, stored and preserved in storage yards and/or waste dumps or buried in a manner satisfactory to environmental safety and protection requirements.”;
b) Add Clause 9, Clause 10, and Clause 11 after Clause 8 as follows:
“9. Mineral reserves permissible for production refer to reserves approved or recognized by state authorities or competent persons to be within mineral production site, satisfying feasibility, technical safety requirements in mineral production.
10. Mineral quantities permissible for production for group I, group II, group III mineral production license refer to secondary minerals or resource quantities within a space through which mine production structures (according to fundamental design in investment feasibility study or construction drawing design in technical – economic report of construction investment) penetrate.
11. Force majeure for the purpose of application in settlement of Articles 44, 48, 50,52, 59, 70, 73, and 104 of the Law on Geology and Minerals refers to force majeure and subjective obstacles according to civil laws directly affecting implementation of administrative procedures and obligations in mineral operations, including:
a) National disasters and emergencies;
b) Fire and epidemic;
c) War, national defense and security emergencies;
d) Other cases according to regulations on state of emergencies;
dd) Other cases decided by the Prime Minister according to recommendations of People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “provincial People’s Committees”) or Minister of governing Ministry.”.
a) Amend Point c Clause 3:
“c) Geological reconnaissance plans, group III mineral survey solutions shall be implemented by provincial People’s Committees;”;
b) Add Clause 4 and Clause 5 after Clause 3:
“4. Mineral planning management agency shall be the Ministry of Agriculture and Environment; management agency of geology, mineral management plan shall be provincial People’s Committees.
5. Organizations and individuals to which mineral exploration, mineral production license is issued shall install markers for closing points of mineral exploration, mineral production, mineral salvaging sites according to regulations of the Ministry of Agriculture and Environment.”.
a) Amend Clause 4:
“4. Procedures for approving mineral exploration and production at sites where mining operations are prohibited, sites where mining operations are temporarily suspended:
a) Organizations and individuals shall submit documents under Clause 6 or Clause 7 of this Article to agencies under Clause 2 Article 23 hereof;
b) Within 08 working days from the date on which competent authorities and competent persons entitled to issuance of mineral exploration license and mineral production license receive application, competent authorities and competent persons shall send request for feedback to relevant authorities and provincial People’s Committees (for cases under Point a Clause 1 of this Article) pertaining to evaluation of level of impact;
c) Within 12 working days from the date on which consulted authorities receive written request, consulted authorities shall provide written feedback pertaining to level of impact on protected subjects at sites where mining operations are prohibited, sites where mining operations are temporarily suspended and approval for mineral exploration and production at sites where mining operations are prohibited, sites where mining operations are temporarily suspended;
d) Within 12 working days from the date on which activities under Point a, Point b, and Point c Clause 4 of this Article are completed, field-specific authorities affiliated to the Ministry of Agriculture and Environment (for cases under Point a Clause 1 of this Article), field-specific authorities affiliated to provincial People’s Committees (for cases under Point b Clause 1 of this Article) shall consolidate and submit documents in accordance with Clause 6 or Clause 7 of this Article to competent authorities and competent persons for consideration and approval;
dd) Within 5 working days from the date on which competent authorities and competent persons receive documents from inspecting agencies, competent authorities and competent persons shall decide whether or not to approve mineral exploration and production at sites where mining operations are prohibited, sites where mining operations are temporarily suspended. In case of rejection, competent authorities and competent persons shall issue written response and provide reasons for rejection;
e) Within 2 working days from the date on which receiving agencies receive handling results of competent authorities and competent persons, receiving agencies shall notify applicants to receive handling results.”;
b) Add Clause 9 after Clause 8:
“9. The Minister of Agriculture and Environment shall prescribe form of documents under this Article.”.
4. Add Clauses 4a, 4b, and 4c after Clause 4 Article 23:
“4a. Applicants shall not be required to provide components of documents on settlement of administrative procedures if the contents of such documents have been integrated in national database, field-specific database declared by database presiding agencies even if administrative procedures under other articles and clauses hereunder require such documents.
4b. Agencies that receive application and handle administrative procedures shall use information that has been integrated in database instead of requiring documents for administrative procedures.
Where information cannot be accessed or inadequate or inaccurate, competent authorities and competent persons entitled to settlement of administrative procedures shall request applicants to submit additional documents.
4c. Preparation and submission of documents on administrative procedures under this Decree shall be implemented as follows:
a) Documents shall be compiled into one set except for cases under Clause 1 Article 146 hereof;
b) Applicants shall submit original copies of documents that they prepare at their discretion; certified true copies or copies and original copies or electronic certified copies (hereinafter referred to as “legitimate copies”) of other documents.”.
“Article 26. Financial capability requirements for implementation of mineral exploration schemes
1. Applicants for mineral exploration license shall ensure that 100% of mineral exploration scheme estimates are:
a) covered by equity determined in accordance with Clause 2 of this Article; or
b) covered by bank guarantee; or
c) covered by both equity and bank guarantee.
2. Equity of applicants under Clause 1 of this Article shall be determined as follows:
a) In respect of applicants that are founded before applying year, equity shall be determined in accordance with audited financial statement of the year preceding the applying year or audited financial statement of the applying year;
b) In respect of applicants that are founded in applying year, equity shall be determined in accordance with audited financial statement of the applying year.
3. Applicants for mineral exploration license shall be legally responsible for accuracy and authenticity of proof of financial capability.”.
a) Amend Clause 1:
“1. In respect of zoned mineral sites where mineral production right is not auctioned due to reasons under Clause 1 and Clause 7 (except for special strategic minerals) and Clause 10 Article 143 hereof, selection of organizations and individuals for consideration for mineral exploration license shall conform to order of priority below:
a) Organizations and individuals identified under decisions approving sites where mineral production right is not auctioned or written approval and permission for mineral exploration at sites where mineral production right is not auctioned;
b) Selected organizations and individuals (other than those under Point a of this Clause) in accordance with Clause 3 and Clause 4 of this Article.”;
b) Add Clause 2a after Clause 2:
“2a. In respect of zoned mineral sites where mineral production right is not auctioned due to reasons under Clause 5 Article 143 hereof, selection of organizations and individuals for consideration for mineral exploration license shall be implemented as follows:
a) Construction contractors, investors, project developers shall be selected for consideration for mineral exploration license. Where multiple construction contractors, investors, and project developers apply for mineral exploration license, Chairpersons of provincial People’s Committees shall select organizations and individuals to issue mineral production license;
b) Where construction contractors, investors, and project developers do not apply for mineral exploration license but suggest another organization, individual for mineral exploration license, Chairpersons of provincial People’s Committees shall choose and issue mineral exploration license;
c) Where construction contractors, investors, project developers shall do not request mineral exploration license nor suggest other organizations and individuals for mineral exploration license, selection of organizations and individuals for mineral exploration license shall conform to Clause 3, Clause 4 of this Article and Article 31 hereof;
d) On the basis of principles under Points a, b, and c of this Clause, Chairpersons of provincial People’s Committees shall decide mineral reserves and quantities permissible for production for each mineral production license in order to ensure construction schedule and use demand of structures and projects in and outside of provincial administrative divisions.”;
c) Amend Clause 3:
“3. Selection of organizations and individuals for mineral exploration license for cases under Point b Clause 1, Clause 2, Point c Clause 2a of this Article, and Clause 8 Article 143 hereof shall be implemented as follows:
a) Where only 1 applicant applies for mineral exploration license by the end of the time limit under Clause 2 Article 31 hereof expires, the applicant shall be considered for mineral exploration license;
b) Where 2 or more applicants apply for mineral exploration license by the end of the time limit under Clause 2 Article 31 hereof expires, the applicants shall be selected for consideration for mineral exploration license in accordance with Clause 4 of this Article.”.
“6. Within 3 working days from the date on which receiving agencies receive handling results sent by state authorities and competent persons, receiving agencies shall inform applicants to receive results and publicize selection results on website of competent regulatory authorities.”.
“Article 35. Deep and expanding exploration for organizations and individuals conducting lawful mineral production
1. Sites of minerals considered for license for deep and expanding exploration under under Point dd Clause 2 Article 4 of the Law on Geology and Minerals shall be required to satisfy requirements below:
a) Conform to Clause 3 Article 12 of the Law on Geology and Minerals;
b) Organizations and individuals engaged in mineral productions have fulfilled obligations under Points a, i, and k Clause 2 Article 59 of the Law on Geology and Minerals as of the date on which they apply for deep and expanding exploration;
c) Sites of minerals of which deep and expanding exploration is applied for satisfy criteria under Clause 2 of this Article.
2. Sites of minerals shall be considered for deep and expanding exploration licensing if criteria below are met:
a) Sites of minerals of which deep and expanding exploration is applied for shall be adjacent to mineral production sites to which mineral production license has been issued and shall not be within areas planned for mineral exploration and production for other independent projects; shall benefit from convenient traffic, geography connection to effectively utilize structures of existing mineral production and processing projects;
b) Type of minerals subject to deep and expanding exploration must be of same type as minerals to which mineral production license is issued;
c) Deep and expanding exploration is conducted to zone all ore body, ensure economic effectiveness and safety in deep exploration, expansion, and production; except for cases under Clause 3 of this Article;
d) Criteria under Clause 3 of this Article are met for minerals used as construction materials and minerals used as regular construction materials.
3. In respect of minerals used as construction materials and minerals used as regular construction materials, Chairpersons of provincial People’s Committees shall decide on the degree of deep and expanding exploration according to group II mineral planning, geology and mineral management plans. Where deep and expanding exploration has not been stipulated in group II mineral planning and geology and mineral management plans, licensing for deep exploration and license shall be decided by the following criteria:
a) In respect of an area contained between mineral production sites of 2 organizations and individuals, this area shall not be greater than 50% of total area of adjacent mineral production sites where mineral production license has been issued. Area of expansion exploration shall be compliant with principles under Point b Clause 4 of this Article;
b) With the exception of Point a of this Clause, area of expansion exploration site must satisfy conditions below: Area of a mineral site adjacent to a site for which mineral production license has been issued shall not be larger than 50% of total area of the site for which mineral production license has been issued; new mineral production projects are not feasible at a site adjacent to another site for which mineral production license has been issued due to the lack of traffic connection, installation of auxiliary structures, access to local technical infrastructures, failure to satisfy technical safety and environmental protection requirements in mining operations as per the law.
c) The degree of deep exploration shall be considered and decided on the basis of fulfillment of technical safety and environmental protection requirements in mining operations and the fact that organizations, individuals engaged in mineral production have extracted 70% of mineral reserves permissible for production or more.
4. Where a site of deep and expanding exploration is contained between mineral production sites of 2 or more organizations and individuals, issuance of deep and expanding exploration license shall conform to principles below:
a) Sites of deep and expanding exploration must satisfy criteria under Clause 2 of this Article;
b) Area and boundaries based on which license for deep and expanding exploration is issued to organizations and individuals are defined on the basis of written agreements between organizations and individuals engaged in mineral production and must ensure technical safety and environmental protection requirements in mineral exploration, production;
c) Issuance of deep and expanding exploration license shall conform to Clause 3, Clause 4 Article 33; Article 36; Article 42 hereof.
5. In respect of mineral sites zoned and declared as sites of scattered minerals, Chairpersons of provincial People’s Committees shall request the Ministry of Agriculture and Environment in writing to provide feedback before considering, issuing deep and expanding exploration license and only issue the license after the Minister of Agriculture and Environment issues written approval.”.
a) Amend Point dd and Point e Clause 1:
“dd) Organizations and individuals under Point 1b Article 55 of the Law on Geology and Minerals;
e) Organizations and individuals approved by the Prime Minister to conduct mineral exploration at zoned sites where mineral production right is not auctioned according to criteria under Clause 6 Article 143 hereof and special strategic mineral exploration;”;
b) Add Point h and Point i after Point g Clause 1 as follows:
“h) Organizations and individuals that are project developers of cement production projects defined under group II mineral planning for exploration license for limestone and clay used as materials for cement production and minerals used as control additives for cement production;
i) Organizations and individuals in possession of active mineral processing plants as per the law applying for exploration of minerals used as ingredients for active mineral processing plants as per the law.”;
c) Add Clause 3a and Clause 3b after Clause 3:
“3a. Where a site for which group II and group III mineral exploration license is applied for is located in 2 provincial administrative divisions or more, applicants for mineral exploration license shall submit application to local government of provincial administrative division where the majority of mineral exploration site is located, provincial People’s Committee of administrative division where the applicants submit application have the responsibility consult other provincial People’s Committees of administrative divisions where the rest of mineral exploration sites are located before issuing mineral exploration license.
3b. State authorities and competent persons entitled to issuance of mineral exploration license under Clause 3a of this Article shall renew, re-issue, amend, replace, revoke mineral exploration license, transfer mineral exploration right for previous mineral exploration license.”.
a) Amend Clause 1:
“1. Mineral exploration schemes, written approval for exploration workload, additional exploration plans shall be subject to supervision in accordance with regulations of the Ministry of Agriculture and Environment.
Costs for supervising construction of exploration schemes shall be defined in estimates of mineral exploration schemes. Supervision expenditure shall equal 20% of general expenditure determined on the basis of direct expenditure estimates of work items.”;
b) Amend Clause 7:
“7. The Minister of Agriculture and Environment shall elaborate contents of supervision of mineral exploration schemes.”.
“Article 46. Privilege in application for mineral production license of organizations and individuals eligible for mineral exploration license
1. Organizations and individuals to which mineral exploration license is issued shall have privilege in applying for mineral production license in accordance with Clause 1 and Clause 2 Article 48 of the Law on Geology and Minerals and Clause 2 of this Article.
2. Organizations and individuals may exercise their privilege in applying for mineral production license after their privilege period has expired when:
a) Force majeure under Clause 11 Article 3 hereof takes place;
b) Competent authorities decide to temporarily suspend or restrict issuance of mineral production license;
c) License holders are waiting for test, research results in respect of projects with complicated production conditions or requiring selection of appropriate production technology at request of competent authorities, competent persons;
d) Where license holders have adequately and promptly submitted application and amended application (if any) at request of competent authorities and competent persons in respect of procedures and documents under Clause 3 of this Article and competent authorities or competent persons have not resolved, privilege period shall be eligible for extension.
3. Documents and procedures serving as the basis for extension of privilege period consist of:
a) Application for approval or decision of investment guidelines according to investment laws, public investment laws, PPP investment laws;
b) Application for inspection and approval of inspection results of environmental impact assessment according to environmental protection laws;
c) Application for inspection and approval of fundamental design in investment feasibility study or application for inspection and approval of construction drawing design in investment technical – economic reports according to construction laws;
d) Other documents and procedures required for consideration of mineral production license.
4. For cases under Point d Clause 2 of this Article, extended period shall be determined by the interval between date on which time limit for state authorities, competent persons to process application expires and the date on which the application is processed and shall not include period of time in which applicants amend their application past the deadline according to legitimate requirements of competent authorities and competent persons.
5. Receiving agencies under Clause 3 of this Article have the responsibility to verify the date on which they receive adequate, legitimate application in writing and state the delay in application processing (if any).”.
12. Add Clause 5 after Clause 4 Article 50:
“5. Procedures for inspecting, recognizing results of additional exploration for upgrading primary mineral resources and reserves or determining secondary mineral reserves (if any) shall conform to Clauses 1, 2, 3, and 4 of this Article.”.
“Article 54. Recognition of exploration results where provincial People’s Committees are entitled to issuance of mineral exploration license
1. Chairpersons of provincial People’s Committees have the responsibility to recognize mineral exploration results within their powers; list of mineral reserves approved or recognized.
2. Inspection of reports on scattered group I and group II mineral exploration results shall be conducted by technical advisory council established by provincial People’s Committees. Technical advisory council consists of several representatives of relevant state authorities in provincial administrative divisions and experts specializing in mineral exploration and shall inspect mineral exploration results before recognizing mineral exploration results.
3. In respect of group III minerals, field-specific authorities affiliated to provincial People’s Committees shall assist Chairpersons of provincial People’s Committees in examining, inspecting application for recognition of mineral exploration results and submit to Chairpersons of provincial People’s Committees for recognition. If necessary, Chairpersons of provincial People’s Committees shall decide to conduct inspection via technical advisory council in accordance with Clause 2 of this Article.
4. Depending on management of mining operations in their jurisdiction, Chairpersons of provincial People’s Committees shall decide:
a) to establish technical advisory council to inspect reports on mineral exploration results;
b) to establish technical advisory council to inspect each report on mineral exploration results.”.
14. Add Article 54a after Article 54:
“Article 54a. Procedures for inspecting and recognizing mineral exploration results where Chairpersons of provincial People’s Committees are entitled to licensing
1. Reception and inspection of application for recognition of mineral exploration results and issuance of handling results of application for recognition of mineral exploration results shall conform to Article 23, Article 24, Article 25, and Clauses 2, 3, 4, 5, 6, 7, 8, and 9 of this Article.
2. In respect of scattered group I minerals and group II minerals, reception, inspection, and submission to Chairpersons of provincial People’s Committees for consideration and recognition of mineral exploration results shall conform to procedures under Clause 4 and Clause 5 of this Article.
3. In respect of group III minerals, reception, inspection, and submission to Chairpersons of provincial People’s Committees for consideration and recognition of mineral exploration results where technical advisory council is not required shall conform to procedures under Clause 4 and Clause 6 of this Article; where technical advisory council is required shall conform to Clause 4 and Clause 7 of this Article.
4. Reception of documents under Clause 2 and Clause 3 of this Article shall be implemented as follows:
a) Applicants shall submit application for recognition of mineral exploration results as per the law to receiving agencies under Clause 2 Article 23 hereof;
b) Within 2 working days, receiving agencies have the responsibility to examine and inspect adequacy of the application. Where application is adequate, receiving agencies shall file notice of receipt and transfer the application to assisting agencies in order to inspect the application.
Where application is inadequate, receiving agencies shall return the application and provide reasons for rejection.
5. Inspection, recognition, and issuance of handling results in case of application for recognition of mineral exploration results under Clause 2 of this Article shall be implemented as follows:
a) Within 45 days, assisting agencies shall: Examine legitimacy of the application; request feedback of experts pertaining to relevant details in reports on mineral exploration results; request feedback of experts pertaining to relevant details in reports on mineral exploration results; submit decision on establishment of technical advisory council to Chairpersons of provincial People’s Committees for cases under Point b Clause 4 Article 54 hereof; arrange meeting of technical advisory council; sent written conclusion of council chairperson and meeting minutes to applicants for recognition of mineral exploration results; consolidate ad submit documents to Chairpersons of provincial People’s Committees for consideration and recognition of mineral exploration results after receiving amended application;
b) Within 7 working days from the date on which Chairpersons of provincial People’s Committees receive application inspected by assisting agencies, Chairpersons of provincial People’s Committees shall consider and issue decision on recognition of mineral exploration results. Where application is rejected, Chairpersons of provincial People’s Committee shall respond to applicants in writing and state reasons for rejection;
c) Within 3 working days from the date on which receiving agencies receive handling results sent by Chairpersons of provincial People’s Committees, receiving agencies shall inform applicants to receive results.
6. Inspection, recognition, and issuance of result notice for application for recognition of mineral exploration results under Clause 3 of this Article without requiring technical advisory council shall be implemented as follows:
a) Within 24 working days, assisting agencies shall examine adequacy and legitimacy of application; request feedback of experts pertaining to relevant details in reports on mineral exploration results; consolidate and submit documents to Chairpersons of provincial People’s Committees for consideration and recognition of mineral exploration results;
b) Within 7 working days from the date on which Chairpersons of provincial People’s Committees receive application inspected by assisting agencies, Chairpersons of provincial People’s Committees shall consider and issue decision on recognition of mineral exploration results. Where application is rejected, Chairpersons of provincial People’s Committee shall respond to applicants in writing and state reasons for rejection;
c) Within 1 working day from the date on which receiving agencies receive handling results sent by Chairpersons of provincial People’s Committees, receiving agencies shall inform applicants to receive results.
7. Inspection, recognition, and issuance of result notice for application for recognition of mineral exploration results under Clause 3 of this Article requiring technical advisory council shall be implemented as follows:
a) Within 31 days, assisting agencies shall: Examine legitimacy of the application; request feedback of experts pertaining to relevant details in reports on mineral exploration results; request feedback of experts pertaining to relevant details in reports on mineral exploration results; submit decision on establishment of technical advisory council to Chairpersons of provincial People’s Committees for cases under Point b Clause 4 Article 54 hereof; arrange meeting of technical advisory council; sent written conclusion of council chairperson and meeting minutes to applicants for recognition of mineral exploration results; consolidate ad submit documents to Chairpersons of provincial People’s Committees for consideration and recognition of mineral exploration results after receiving amended application;
b) Within 7 working days from the date on which Chairpersons of provincial People’s Committees receive application inspected by assisting agencies, Chairpersons of provincial People’s Committees shall consider and issue decision on recognition of mineral exploration results. Where application is rejected, Chairpersons of provincial People’s Committee shall respond to applicants in writing and state reasons for rejection;
c) Within 2 working days from the date on which receiving agencies receive handling results sent by Chairpersons of provincial People’s Committees, receiving agencies shall inform applicants to receive results.
8. Where application is inadequate or require amendment as per the inspection process under Article 49 hereof, application inspection shall proceed as follows:
a) Where the application is inadequate, inspecting agencies shall return the application and provide reasons in writing;
b) Where application requires amendment, inspecting agencies shall inform and request applicants to amend the application. Receiving agencies shall only send guidelines and request for amendment to application once unless applicants fail to amend the application accordingly. Where application is adequate, continue to inspect the application. Remaining inspection period after receiving amended documents of applicants shall be increased by 21 working days.
9. Applicants may amend reports on mineral exploration within at most 24 working days from the date on which they receive notice of assisting agencies unless they are required to increase exploration workload by technical advisory council (if technical advisory council is required) or assisting agency (if technical advisory council is not required).
10. Procedures for inspecting, recognizing results of additional exploration for upgrading primary mineral resources and reserves or determining secondary mineral reserves (if any) shall conform to Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 of this Article.”.
“Article 55. Requirements pertaining to financial capability for implementation of mineral production projects
1. Applicants for mineral production license must satisfy any of the following requirements:
a) Their equity must equal 30% of total investment of mineral production projects or more (excluding value-added tax); or
b) Financial sources must be equivalent to total investment of mineral production projects (excluding VAT), including: Current available equity of organizations and individuals engaged in mineral production, credit commitment of guarantors; loan, credit commitment, cash flow lending of parent companies according to corporate laws and other relevant law provisions.
Where credit or lending commitment is provided by parent companies, equity of parent companies must not be lower than the guaranteed lending and finance.
2. Equity of applicants under Clause 1 of this Article shall be determined as follows:
a) In respect of applicants that are founded before applying year, equity shall be determined in accordance with audited financial statement of the year preceding the applying year or audited financial statement of the applying year;
b) In respect of applicants that are founded in applying year, equity shall be determined in accordance with audited financial statement of the applying year.
3. In respect of Point b Clause 1 of this Article, in addition to documents under Clause 2 of this Article, organizations and individuals engaged in mineral production shall provide document proof of credit commitment of guarantors; credit or lending commitment, cash flow lending; financial; statements of parent companies according to Clause 2 of this Article.
4. Applicants for mineral production license shall be legally responsible for accuracy and authenticity of proof of financial capability.”.
16. Amend Clause 3 Article 57:
“3. Spaces to which mineral production license is issued may overlap spaces to which valid mineral production license is issued in case remaining mineral reserves under the former license have been mobilized into new projects in which case organizations and individuals have the responsibility to adequately comply with regulations on inventorying and examining mineral reserves, mine closure in respect of issued mineral production license.”.
a) Amend Point c Clause 1:
“c) Organizations and individuals engaged in mineral production have the responsibility to send inventory report on mineral reserves (incorporated in periodic report on mining operations) to field-specific authorities affiliated to provincial People’s Committees. Mineral production license issued by the Minister of Agriculture and Environment or other central authorities must be sent to field-specific authorities affiliated to the Ministry of Agriculture and Environment.”;
b) Amend Clause 5:
“5. Weighing equipment and measuring instruments serving control of produced mineral reserves and quantities:
a) Weighing equipment consists of weighing stations or other weighing equipment used for all minerals except for cases under Point b of this Clause;
b) Measuring instruments are used for natural mineral water, geothermal springs; other minerals of which production capacity according to mineral production license is liters;
c) Weighing or measuring instruments are used for: stone slabs; sand and gravel at lakebed, riverbed, coastal areas;
d) Weighing equipment, measuring instruments, tracking devices must be capable of connecting, analyzing, sharing data automatically with information and data system pertaining to mining operations.”;
c) Amend Clause 7:
“7. Responsibilities of relevant entities:
a) On an annual basis, field-specific authorities affiliated to provincial People’s Committees have the responsibility to consolidate mineral reserve and quantity statistic results on the basis of periodic reports on mining operations of organizations and individuals engaged in mineral production and report to provincial People’s Committees for control, supervision, and development of reports on governance of mining operations in their jurisdiction;
b) Field-specific authorities affiliated to the Ministry of Agriculture and Environment have the responsibility to consolidate reports on governance of geological and mining operations within jurisdiction of provincial People’s Committees, prepare and submit reports on governance of nationwide geological and mining operations to the Minister of Agriculture and Environment.”.
18. Add Article 59a after Article 59:
“Article 59a. Issuance of mineral production license where privilege in application for mineral production license expires
1. Where holders of mineral exploration license have had their privilege in application for mineral production license expired and do not fall under cases detailed in Article 46 hereof and where mineral production license concerns mineral sites with mineral exploration results, the following order of priority shall apply:
a) Selection of applicants for mineral production license which conforms to Clause 2 Article in case of sites that satisfy all criteria and are zoned as mineral sites where mineral production right is not auctioned;
b) Auction, except for cases under Point a of this Clause;
2. Selection of applicants of mineral production license for mineral sites under Point a Clause 1 of this Article shall conform to principles below:
a) In respect of zoned mineral sites where mineral production right is not auctioned in accordance with criteria under Clause 5 Article 143 hereof, Chairpersons of provincial People’s Committees shall decide and choose construction contractors, investors, project developers in accordance with Clause 1a Article 53 of the Law on Geology for mineral production license. Where construction contractors, investors, project developers do not apply for mineral production license, mineral production license shall be issued to organizations and individuals in possession mineral exploration information and results and minerals for production are only used as materials for structures and projects under Points a, b, c, d, and dd Clause 1a Article 55 of the Law on Geology and Minerals;
b) With the exception of Point a of this Clause, state authorities and competent persons entitled to issuance of mineral production license shall choose organizations and individuals in possession mineral exploration information and results for mineral production license consideration if the organizations and individuals have mineral processing projects and plants satisfactory to criteria under Clause 10 Article 143 hereof and approval granted by Chairpersons of provincial People’s Committees (for license issued by Minister of Agriculture and Environment), the Ministry of Industry and Trade (for group I minerals and industrial minerals under group II minerals), or the Ministry of Construction (for group II minerals used as construction materials) shall be required;
c) Cases that do not fall under Point a and Point b of this Clause shall conform to Clause 3 of this Article.
3. With the exception of Point a and Point b Clause 2 of this Article, procedures for selecting applicants for mineral production license for mineral sites under Point a Clause 1 of this Article shall be as follows:
a) Applicants shall submit application for selection of applicants for mineral production license to receiving agencies under Clause 2 Article 23 hereof.
Application consists of: Documents under Point a Clause 2 Article 61 hereof; document proof of financial capability according to Article 55 hereof;
b) Within 3 working days from the date on which receiving agencies receive the first application, receiving agencies shall publicly notify name of the applicants, name of mineral type, and location for mineral production sites at headquarters and websites of competent regulatory authorities.
Notice shall stay posted for 08 working days from the date on which receiving agencies receive the first application;
c) Within the time limit under Point b of this Clause, receiving agencies shall continue to receive application for selection of applicants for mineral production license submitted by other applicants (if any); publicly notify name of applicants at headquarters and on websites of competent regulatory authorities until expiry of the time limit under Point b of this Clause;
d) Within 8 working days from the date on which tasks under Point b and Point c of this Clause end, receiving agencies shall stop receiving application and transfer received application to inspecting agencies which will choose applicants for mineral production license in accordance with criteria under Clause 4 of this Article;
dd) Within 7 working days from the date on which tasks under Point d of this Clause end, competent regulatory authorities shall send selection results to selected applicants for mineral production license.
In respect of applicants not selected for submission of application for mineral production license, competent regulatory authorities have the responsibility to notify in writing and provide reasons;
e) Receiving agencies shall publicly notify selection results of applicants eligible for mineral production license on website of competent regulatory authorities.
4. Criteria for selecting applicants for mineral production license for cases under Point d Clause 3 of this Article shall follow the order of priority below:
a) Organizations and individuals with the highest equity and satisfactory to criteria under Article 55 hereof;
b) Organizations and individuals that have been fulfilling financial obligations in mining operations if they are conducting mineral production.
5. Applicants selected to submit application for mineral production license have the responsibility to submit additional components of application for mineral production license in accordance with Clause 2 Article 61 hereof to competent regulatory authorities during privilege period under Article 48 of the Law on Geology and Minerals and Article 46 hereof for inspection and issuance of mineral production license as per the law.”.
19. Amend Clause 2 and Clause 3 Article 60:
“2. Satisfy financial capability requirements under Article 55 hereof.
3. Organizations and individuals utilize advanced production technology, equipment, and methodology appropriate to type of toxic minerals, radioactive minerals in feasibility study or documents equivalent to investment feasibility study of approved mineral production investment projects according to investment investment laws, public investment laws, and PPP investment laws, in environmental impact assessment report where inspection results are approved, or in reports proposing environment license issuance where environment license has been issued according to environmental protection laws.”.
“Article 61. Issuance of mineral production license
1. Organizations and individuals shall be under consideration for mineral production license where they satisfy requirements under Clause 1 and Clause 2 Article 53 of the Law on Geology and Minerals and requirements below:
a) They have the lawful right to access mineral exploration information and results;
b) They have proof of financial capability for execution of mineral production investment projects in accordance with Article 55 hereof;
c) Investment guidelines of mineral production investment projects have been approved or decided by competent authorities or competent persons if required by investment laws, public investment laws, PPP investment laws; with the exception of Clause 2 of this Article;
d) Inspection results of environmental impact assessment reports or environment license have been approved by competent authorities, competent persons according to environmental protection laws; with the exception of Clause 2 of this Article;
dd) Competent authorities and competent persons have sent written feedback pertaining to inspection results of safety assessment reports according to atomic energy laws where application for production of radioactive minerals or minerals containing radioactive substances; except for Clause 2 of this Article.
2. Organizations and individuals under consideration for group III mineral production license for use as regular construction materials in structures and projects under Points a, b, c, d, and dd Clause 1a Article 55 of the Law on Geology and Minerals must satisfy requirements below:
a) Requirements under Clause 1a Article 53 and Clause 1b Article 55 of the Law on Geology and Minerals;
b) Requirements under Point a Clause 1 of this Article;
c) Inclusion of technical safety and environmental protection, environmental remediation and restoration deposit in dossiers on mineral production investment projects.
3. Application for mineral production license for cases under Clause 1 of this Article consists of:
a) Written application for mineral production license (original copies);
b) Map of mineral production sites, relevant maps, cross-sectional maps, and drawings (original copies);
c) Feasibility study or equivalent documents of mineral production projects (legitimate copies);
d) Environmental impact assessment with approved inspection results or reports proposing environment license where environment license has been issued in accordance with environmental protection laws (legitimate copies).
4. Application for mineral production license for cases under Clause 2 of this Article consists of:
a) Written application for mineral production license (original copies);
b) Map of mineral production sites, relevant maps, cross-sectional maps, and drawings (original copies);
c) Plans for technical safety and environmental protection under Clause 5 of this Article (original copies).
5. Plans for technical safety and environmental protection under Point c Clause 4 of this Article primarily consist of:
a) Technical safety solutions in mineral production and mine closure;
b) Measures for maintaining safety of residential communities around mining areas and structures requiring protection;
c) Environmentally sensitive elements according to environmental protection laws in and around mineral production sites;
d) Estimated level of negative impact on the environment caused by mineral production, mine closure; forecast environmental risk and emergencies in mineral production and mine closure;
dd) Environmental protection structures and measures; environmental emergency preparedness and response solutions;
e) Environmental remediation and restoration structures, solutions in mineral operations and mine closure;
g) Determination of deposit for environmental remediation and restoration;
h) Commitment of organizations and individuals pertaining to environmental protection in mineral operations;
i) Appendices: Relevant drawings, documents, written inspection of competent authorities regarding fundamental design in investment feasibility study or construction drawing design in investment economic – technical reports (if any) according to construction laws.
6. Where a site for which group II and group III mineral production license is applied for is located in 2 provincial administrative divisions or more, applicants for mineral production license shall submit application to local government of provincial administrative division where the majority of mineral production site is located, provincial People’s Committee of administrative division where the applicants submit application have the responsibility consult other provincial People’s Committees of administrative divisions where the rest of mineral production sites are located before issuing mineral production license.
7. State authorities and competent persons entitled to issuance of mineral production license under Clause 6 of this Article shall renew, re-issue, amend, replace, revoke mineral production license, transfer mineral production right, close mines associated to previous mineral production license.
8. The Minister of Agriculture and Environment shall prescribe form of documents under this Article.”.
21. Amend Clause 3 Article 62:
“3. Where mineral production license expires while application for renewal of mineral production license is being processed by competent authorities or competent persons, organizations and individuals shall immediately suspend production process and assume responsibility to manage, protect property, production structures, and unextracted minerals until mineral production license is renewed. Where mineral production license is not renewed or re-issued in accordance with Clause 1 Article 63 hereof, organizations and individuals engaged in mineral production shall close mines as per the law.”.
22. Amend Clause 1 Article 63:
“1. Organizations and individuals shall be under consideration for re-issuance of mineral production license where all requirements below are met:
a) Where period of mineral production has expired or is extended but mineral production license expires before mineral reserves are depleted or where organizations and individuals apply for renewal or re-issuance of mineral production license after expiry of mineral production license and before mineral reserves in production sites are depleted;
b) They have fulfilled obligations under Point a Clause 2 Article 59 of the Law on Geology and Mineral and do not violate obligations under mineral laws to such a degree that they are met with criminal prosecution for previous mineral production license;
c) Their environmental impact assessment study has been approved by competent authorities or competent persons or they have been issued environment license by competent authorities or competent persons in accordance with environmental protection laws (if any);
d) Provincial People’s Committees confirm fulfillment of obligations under Point b of this Clause as of date on which application for re-issuance is filed in case of mineral production license which the Ministry of Agriculture and Environment is entitled to issuance of;
dd) Competent authorities that have inspected fundamental design or construction drawing design issue written approval for amendments relative to fundamental design under investment feasibility study or construction drawing design in investment economic – technical reports according to construction laws.”.
a) Amend Point h Clause 1:
“h) Addition of production of secondary minerals, except for Point i of this Clause;”;
b) Add Point i and Point k after Point h Clause 1 as follows:
“i) Production of secondary minerals that are group III minerals used as regular construction materials, group IV minerals (including soil and rocks of surface or in-between layers to be discarded in mineral production projects) to serve structures and projects under Points a, b, c, d, and dd Clause 1a Article 55 of the Law on Geology and Minerals is added;
k) Production depth or area is increased after deep and expanding exploration results are approved by competent authorities or competent persons; area of mineral production site is increased in order to maximize mineral reserves that have been approved or recognized in reports on mineral exploration results. Deep and expanding production compliant with renovation and expansion projects must have investment guidelines approved or decided by competent authorities or competent persons if such requirement is stipulated in investment laws, public investment laws, PPP investment laws.”;
c) Amend Point a and Point b Clause 2:
“a) Inspection results of environmental impact assessment reports of amended mineral production projects have been approved by competent authorities, competent persons or environment license is issued by competent authorities, competent persons in accordance with environmental protection laws (if any); except for cases under Clause 1a Article 57 of the Law on Geology and Minerals;
b) Competent authorities that are entitled to inspection of fundamental design or construction drawing design issue written approval for amendments relative to fundamental design under investment feasibility study or construction drawing design in investment economic – technical reports according to construction laws;”;
d) Amend Clause 3 as follows:
“3. Application for amendment to mineral production license for cases under Points a, b, c, and h Clause 1 of this Article consists of:
a) Written application for amendment to mineral production license (original copies);
b) Map of current conditions of production sites, cross section of current conditions at the time of applying for amendment to mineral production license (original copies);
c) Approved amended feasibility study or documents equivalent to feasibility study of amended mineral production projects approved in accordance with investment laws (legitimate copies);
d) Reports on mineral production from the date on which mineral production license is issued to the date on which application for amendment to mineral production license is submitted (original copies);
dd) Environmental impact assessment report where inspection results have been approved or reports recommending environment license where environment license has been issued according to environmental protection laws for amended projects (original copies or legitimate copies); except for cases under Clause 1a Article 57 of the Law on Geology and Minerals;
e) Competent authorities that are entitled to inspection of fundamental design or construction drawing design issue written approval for amendments relative to fundamental design under investment feasibility study or construction drawing design in investment economic – technical reports according to construction laws (legitimate copies).”;
dd) Amend Clause 4:
“4. Application for amendment to mineral production license for cases under Point d Clause 1 of this Article consist of documents requesting amendments to mineral production license (original copies).”;
e) Add Points c, d, and dd after Point b Clause 6:
“c) Mine closure plans for part of mineral production sites that are declared sites where mining operations are prohibited, sites where mining operations are temporarily suspended (original copies);
d) Approved amended feasibility study or documents equivalent to feasibility study of amended mineral production projects approved in accordance with investment laws (legitimate copies);
dd) Written approval of competent authorities that are entitled to inspection of fundamental design or construction drawing design for amendments relative to fundamental design under investment feasibility study or construction drawing design in investment economic – technical reports according to construction laws (legitimate copies).”;
g) Amend Clause 7:
“7. Application for amendment to mineral production license for cases under Point k Clause 1 of this Article consists of:
a) Written application for amendment to mineral production license (original copies);
b) Documents and drawings depicting amendments relative to fundamental design under investment feasibility study or construction drawing design in investment economic – technical reports is approved in writing by competent agencies entitled to inspection of fundamental design or construction drawing design according to construction laws (legitimate copies);
c) Environmental impact assessment reports with approved inspection results or reports recommending environment license issue where environment license has been issued in accordance with environmental protection laws for amended projects (original copies or legitimate copies);
d) Map of current conditions of production sites, cross section of current conditions at the time of applying for amendment to mineral production license (original copies).”;
h) Add Clause 8a after Clause 8:
“8a. Application for amendment of mineral production license for cases under Point i Clause 1 of this Article consists of:
a) Written application for amendment to mineral production license (original copies);
b) Reports on mineral production from the date on which mineral production license is issued to the date on which application for amendment to mineral production license is submitted (original copies or legitimate copies);
c) Mineral production plans and secondary mineral use plans (original copies).”.
a) Amend Clause 1:
“1. With the exception of Article 67a hereof, reception and inspection of application for issuance, re-issuance, renewal, amendment, and waiver of mineral production license, transfer of mineral production right shall conform to Article 23, Article 25, and Clauses 2, 3, 4, 5, 6, 7, and 8 of this Article.”;
b) Amend Clause 7:
“7. Procedures for amending mineral production license for cases under Points d, e, g, and i Clause 1 Article 64 hereof shall proceed as follows:
a) Applicants shall submit application for amendment to mineral production license corresponding to regulations under Clauses 4, 6, 8, and 8a Article 64 hereof to receiving agencies under Clause 2 Article 23 hereof;
b) Within 12 working days (for cases under Points d, g, and i Clause 1 Article 64 hereof) and 24 working days (for cases under Point e Clause 1 Article 64 hereof) fro the date on which application for amendment to mineral production license is received, competent authorities and competent persons shall decide on amendment to mineral production license as per the law.
Competent authorities and competent persons shall arrange field inspection (if necessary) for cases under Points e, g, and i Clause 1 Article 64 hereof;
c) Notice of processing results of application for amendment to mineral production license shall conform to Clause 6 of this Article.”.
25. Add Article 67a after Article 67:
“Article 67a. Procedures for issuance, re-issuance, renewal, amendment, waiver of mineral production license, transfer of mineral production right for group III minerals used as regular construction materials for structures and projects under Points a, b, c, d, and dd Clause 1a Article 55 of the Law on Geology and Minerals
1. Reception, inspection, and result notice issuance of application for issuance, re-issuance, renewal, amendment, waiver of mineral production license, transfer of mineral production right for cases under Clause 2 Article 61 hereof shall conform to Article 23, Article 25, Clause 2 of this Article, Clauses 2, 4, 6, 7, and 8 Article 67 hereof.
2. Within 45 days in case of application for issuance, re-issuance of mineral production license and within 24 working days in case of application for renewal, amendment, waiver of mineral production license, transfer of mineral production right (except for cases under Clause 7 and Clause 8 Article 67 hereof) from the date on which inspecting agencies receive the application, inspecting agencies shall:
a) inspect contents of the application;
b) send request for feedback to relevant agencies pertaining to sites to which application for issuance, renewal, re-issuance, amendment, waiver of mineral salvaging license, transfer of mineral salvaging license applies. Within 08 working days from the date on which consulted agencies receive request for feedback sent by inspecting agencies, consulted agencies shall respond to relevant issues in writing;
c) inspect coordinate and area of sites of which mineral production license re-issuance, renewal, amendment, waiver, ownership transfer is applied for; inspect documents, files and consolidate feedback pertaining to re-issuance, renewal, amendment, waiver, ownership transfer of mineral production license;
d) Chairpersons of provincial People’s Committees promulgate decision on establishment of technical advisory council to inspect application for production of group III minerals for use as regular construction materials. Technical advisory council consists of representatives of relevant state authorities and experts specializing in mineral production, geology, finance, and environmental protection. The council has the responsibility to comprehensively review technical safety and environment protection, deposit, environmental remediation and restoration matters of mineral production projects;
dd) conduct field inspection;
e) consolidate and submit documents to Chairpersons of provincial People’s Committees to issue production license for group III minerals used as regular construction materials.
3. Production license for group III minerals used as regular construction materials for structures and projects under Points a, b, c, d, and dd Clause 1a Article 55 of the Law on Geology and Minerals must depict information and contents of license, requirements of organizations and individuals to which mineral production license is issue in accordance with Article 56 of the Law on Geology and Minerals, including technical safety, environmental protection, deposit, environmental remediation and restoration requirements of mineral production investment projects.
4. The Minister of Agriculture and Environment shall prescribe form of mineral production license under Clause 3 of this Article.”.
26. Amend Point c and Point d Clause 2 Article 68:
“c) Within 06 days from the date on which inspecting agencies receive adequate feedback and review of consulted agencies and experts, inspecting agencies shall consolidate and file reports to competent authorities and competent persons entitled to issuance of mineral production license for consideration and approval.
Where schemes for additional exploration requires amendment, inspecting agencies shall inform and request applicants in writing to amend the application. Inspecting agencies shall only send guidelines and request for amendment to application once unless applicants fail to amend the application accordingly. Applicants shall amend their application within 24 working days from the date on which they receive written request of inspecting agencies. Remaining inspection period after receiving amended application of applicants shall be increased by 05 working days;
d) Within 5 working days from the date on which competent authorities and competent persons entitled to issuance of mineral production license receive reports and documents from inspecting agencies, the competent authorities and competent persons shall issue written approval and inform applicants to receive processing results and arrange implementation. In case of rejection, competent authorities and competent persons shall respond in writing, state reasons, and provide guidelines on completion.”
a) Amend Points b, c, and d Clause 1:
“b) Satisfy financial capability requirements under Article 55 hereof;
c) Investment guidelines of mineral salvaging projects have been approved or decided by competent authorities or competent persons if required by investment laws, public investment laws, PPP investment laws;
d) Their environmental impact assessment study has been approved by competent authorities and competent persons or they have been issued environment license by competent authorities and competent persons in accordance with environmental protection laws;”;
b) Amend Clause 2:
“2. Selection of organizations and individuals for mineral salvaging license for sites where mineral production right is not auctioned shall conform to the following order of priority:
a) Organizations and individuals identified under decisions approving sites where mineral production right is not auctioned as project developers of mineral salvaging projects;
b) Organizations and individuals that have commenced mine closure according to decision of competent authorities or competent persons for previously issued mineral production license;
c) Organizations and individuals under Point a and Point b Clause 2 Article 59a hereof;
d) For cases other than those detailed under Points a, b, and c of this Clause and conforming to criteria provided under Clauses 2 and 8 Article 143 hereof, Chairpersons of provincial People’s Committees shall select organizations and individuals for consideration for mineral salvaging license on the basis of criteria under Clause 3 Article 59a hereof.”.
28. Amend Point a and Point b Clause 2 Article 81:
“a) Inspection results of environmental impact assessment reports of amended mineral production projects have been approved by competent authorities, competent persons or environment license is issued by competent authorities, competent persons (if any) in accordance with environmental protection laws; except for cases under Clause 1a Article 57 of the Law on Geology and Minerals;
b) Competent authorities that are entitled to inspection of fundamental design or construction drawing design issue written approval for amendments relative to fundamental design under investment feasibility study or construction drawing design in investment economic – technical reports according to construction laws;”.
29. Amend Clause 2 Article 88:
“2. Maximum effective period of group IV mineral production license issued to investors, project developers, or construction contractors under Clause 2 Article 72 of the Law on Geology and Minerals shall equal construction period of structures and projects under Points a, b, c, d, and dd Clause 1a Article 55 of the Law on Geology and Minerals (hereinafter referred to as “mineral-utilizing structures, projects”). Group IV mineral production license can be renewed multiple times in accordance with Article 90 hereof where total effective period of issuance and renewal does not exceed construction period (including renewed and amended construction period) of mineral-utilizing projects and structures under group IV mineral production license.”.
a) Amend Point a and Point b Clause 1:
“a) Investment guidelines of mineral production projects have been approved or decided by competent authorities or competent persons if required by investment laws, public investment laws, PPP investment laws;
b) Approval for inspection results of environmental impact assessment or issuance of environment license of mineral production projects has been granted by competent authorities and competent persons for cases in which environmental impact assessment or environment license is required in accordance with environmental protection laws;”;
b) Amend Point c Clause 4:
c) Within 3 working days from the date on which activities under Point a and Point b of this Clause are concluded, inspecting agencies must have finished inspecting: coordinate, area, depth, quantities of minerals, production capacity, production duration under application for group IV mineral production license and other details relating to issuance of group IV mineral production license; determine mineral production licensing fee; submit application for group IV mineral production license and approval for mineral licensing fee to Chairpersons of provincial People’s Committees;”;
c) Amend Point c Clause 5:
“c) Within 2 working days from the date on which activities under Point a and Point b of this Clause are concluded, inspecting agencies must have finished inspecting: coordinate, area, depth, quantities of minerals, production capacity, production duration under application for group IV mineral production license and other details relating to issuance of group IV mineral production license; determine mineral production licensing fee; submit application for group IV mineral production license and approval for mineral licensing fee to Chairpersons of provincial People’s Committees;”.
a) Amend Point b Clause 1:
“b) Remaining effective period of mineral production license is at least 25 days as of the date on which application for renewal is submitted.
Where remaining effective period of mineral production license is less than 25 days, competent persons shall decide to impose administrative penalties except for force majeure before considering renewal.”;
b) Amend Point c Clause 2:
“c) Construction period (including renewed and amended period) of mineral-utilizing projects and structures under group IV mineral production license has not expired.”;
c) Amend Point e Clause 4:
“e) Where applicants are allowed to renew group IV mineral production license, within 2 working days from the date on which receiving agencies receive adequate documents and proof of fulfillment of relevant financial obligations, receiving agencies shall transfer (renewed) group IV mineral production license to applicants.”;
d) Amend Point e Clause 5:
“e) Where group IV mineral production license is renewed, receiving agencies shall transfer renewed group IV mineral production license to applicants as soon as they receive documents and proof of relevant financial obligations.”;
dd) Amend Clause 7:
“7. Chairpersons of provincial People’s Committees shall consider renewal of mineral production license for organizations and individuals if requirements under Clause 1 and Clause 2 of this Article; renew mineral production license that has expired.”.
a) Add Point h after Point g Clause 1:
“h) Change or addition of mineral-utilizing structures and projects for mineral production license issued to organizations and individuals according to Clause 2 Article 72 of the Law on Geology and Minerals.”;
b) Amend Point b and Point c Clause 3:
“b) In respect of amendment to group IV mineral production license accompanied by amendment to production duration, construction period (including extended and amended) of mineral-utilizing projects and structures under group IV mineral production license is not expired;
c) In respect of cases under Point h Clause 1 of this Article, mineral-utilizing structures and projects requested for amendment or addition to group IV mineral production license which has been issued directly to investors, project developers or construction contractors shall be implemented by the investors, project developers, and construction contractors.”;
c) Amend Point b Clause 4:
“b) Mineral production projects approved for amendment as per the law for cases under Clause 1 Article 72 of the Law on Geology and Minerals except for cases under Point dd Clause 1 of this Article; documents approving, selecting as construction contractors for mineral-utilizing structures and projects in case of amendment to group IV mineral production license under Point g and Point h Clause 1 of this Article (if any).”;
d) Amend Point c Clause 5:
“c) Within 3 working days form the date on which activities under Point a and Point b of this Clause are concluded, inspecting agencies shall finalize inspection of application and contents of amendment application and other information relating to amendment to group IV mineral production license; submit application for amendment to group IV mineral production license to Chairpersons of provincial People’s Committees;”;
dd) Amend Point c Clause 6:
“c) Within 2 working days from the date on which activities under Point a and Point b of this Clause are concluded, inspecting agencies shall finalize inspection of application and contents of amendment application and other information relating to amendment to group IV mineral production license; submit application for amendment to group IV mineral production license to Chairpersons of provincial People’s Committees (and for decision on partial mine closure of mineral production sites for cases under Point c and Point e Clause 1 of this Article);”;
e) Amend Clause 7:
“7. The increase of group IV mineral production capacity under Point g Clause 1 of this Article for mines with unexpired group IV mineral production license in service of mineral-utilizing structures and projects shall be implemented as follows:
a) Production capacity can be increased (without increasing licensed reserves or quantities) depending on demand of mineral-utilizing projects, structures;
b) Organizations and individuals engaged in mineral production shall prepare and submit application for increase of production capacity to provincial People’s Committees before implementation;
c) Within 5 working days from the date on which agencies assigned to inspect application receive application, the agencies shall inspect and submit application to Chairpersons of provincial People’s Committees for consideration and amendment to group IV mineral production license and notify applicants to receive processing results. Where application for amendment to group IV mineral production license is rejected, assigned agencies shall provide written response and reasons.”;
g) Add Clause 8a after Clause 8:
“8a. Where group I, group II, group III minerals are discovered during mineral production, organizations and individuals engaged in mineral production must arrange protection of the found minerals as per the law. Where group I, group II, group III minerals are to be produced in group IV mineral production sites, organizations and individuals engaged in mineral production shall adopt procedures for exploring and producing group I, group II, and group III minerals as per the law.”.
33. Amend Point a Clause 2 Article 95 as follows:
“a) Environmental remediation and restoration plans are developed in mineral production plans according to Article 95a hereof;”.
34. Add Article 95a after Article 95:
“Article 95a. Contents of group IV mineral production plans
1. Mineral production license plans consist of: Presentation; attached appendices, maps, technical drawings.
2. Presentation of mineral production plans primarily consists of:
a) Basic information pertaining to expected group IV mineral production sites, including: Mine characteristics, coordinates, area, depth, boundary of production sites, areas serving mineral production attached to mineral production sites, separation distance for mine production; mineral quantities and reserves of which production is applied for; use purpose of minerals; production capacity, production time;
b) Techniques and technology in group IV in mineral production, including: Production sequences, production system, production technology; mine transport; waste dumping;
c) Support and infrastructure solutions including: Electricity supply, water supply, and water drainage solutions during production process; production arrangement;
d) Technical safety solutions in mine production, measures for maintaining safety for residential communities around mine vicinity and structures requiring protection;
dd) Site preparation and relocation plans (if any);
e) Financial analysis consisting of: Estimates for production plans; investment fundings, price determination, assessment of economic effectiveness;
g) Environmental impact assessment of mineral production and solutions for minimizing impact; environmental remediation and restoration; determination of deposit for environmental remediation and restoration; commitment of organizations and individuals pertaining to environmental protection in mineral production.
3. Appendix and maps, technical drawings must conform to presentation section of mineral production plans.
4. The Minister of Agriculture and Environment shall prescribe form of documents under this Article.”.
“Article 96. Mineral recovery
1. Entitlement to issuance of confirmation of registration for mineral recovery:
a) Chairpersons of provincial People’s Committees shall issue written confirmation of registration for mineral recovery, except for cases detailed under Point b of this Clause;
b) Chairpersons of commune-level People’s Committees shall confirm registration of mineral recovery for cases under Point d Clause 1 Article 75 of the Law on Geology and Minerals and cases under Clause 8 of this Article.
2. In case of recovery of group I minerals according to Clause 3 Article 75 of the Law on Geology and Minerals, Chairpersons of provincial People’s Committees shall consider and decide whether or not to recover group I minerals on the basis of reports on economic effectiveness evaluation under Clause 3 of this Article of project developers or investors or construction contractors in the following order of priority:
a) Allow project developers or investors or construction contractors to recover and use minerals if economic effectiveness is met;
b) Where project developers or investors or construction contractors do not use the minerals, allow the minerals to be consolidated at storage yards at which point land fund is allocated to accommodate mineral consolidation, protection and permit mineral consumption. Provincial People’s Committees shall arrange auctions for recovered and consolidated mineral quantities in accordance with auction laws;
c) Decide to not recover minerals in case of lack of economic effectiveness.
3. Reports on economic effectiveness primarily consist of:
a) Estimated quantities of recovered minerals upon construction of work items of investment projects in which terrain leveling and earthworks are mandatory;
b) Analysis of conditions of mineral recovery, transportation, and production costs;
c) Assessment of economic effectiveness in mineral recovery;
d) Proposed mineral recovery plans or decision to not recover minerals.
4. Regardless of whether or not mineral recovery is conducted in construction sites of work items of investment projects, assessment of economic effectiveness shall be conducted:
a) During pre-feasibility study or reports proposing approval for investment guidelines in case information and data on minerals are available. Reports on economic effectiveness shall be integrated in pre-feasibility study or reports proposing approval for project investment guidelines;
b) During construction of project work items in case information and data on minerals are not available. Assessment of economic effectiveness and preparation of application for mineral recovery and submission to competent authorities and competent persons must be completed within 12 working days from the date on which minerals are discovered.
5. Project developers or investors or construction contractors shall be legally responsible for accuracy and authenticity of assessment reports on economic effectiveness under Clause 3 of this Article and the time in which minerals are discovered for cases detailed under Point b Clause 4 of this Article.
6. Renovation and construction on residential land, agriculture under Point b Clause 1 Article 75 of the Law on Geology and Minerals include renovation and construction of structures on residential land, agriculture land and only renovation, construction activities compliant with land laws and construction laws.
7. In respect of residual group II, group III, and group IV minerals during construction, implementation of schemes, structures, projects under Clause 1 Article 75 of the Law on Geology and Minerals where project developers, investors, construction contractors or land users do not wish to recover the minerals, regulations below shall apply:
a) The minerals can be consolidated at storage yards and depots in accordance with environmental protection laws and other relevant law provisions;
b) Project developers, investors, construction contractor, or land users have the responsibility to file reports on mineral quantities, mineral consolidation location to field-specific authorities affiliated to provincial People’s Committees and commune-level People’s Committees of administrative divisions where storage locations and depots are located for management. Commune-level People’s Committees have the responsibility to manage minerals at storage locations and depots in their jurisdiction; provincial People’s Committees have the responsibility to manage minerals at storage locations and depots in 2 commune-level administrative divisions or more;
c) Competent persons entitled to issue written confirmation of registration for mineral recovery under Clause 1 of this Article shall arrange auction for mineral quantities consolidated at storage locations and depots (during and after construction of structures and projects) according to regulations on property auction except for cases under Point d of this Clause;
d) Competent persons entitled to issuance of written confirmation of registration for mineral recovery under Clause 1 of this Article shall decide and permit project developers, investors, or construction contractors to commence construction of structures and projects under Points a, b, c, d, and dd Clause 1a Article 55 of the Law on Geology and Minerals and use minerals consolidated at storage locations and depots (during and after construction of structures and projects) under Point a of this Clause without arranging auction. Permission to use minerals shall be granted in accordance with application and procedures pertaining to mineral recovery under Clause 8 and Clause 8 of this Article.
8. With the exception of cases under Clause 9 of this Article, project developers, investors, or construction contractors shall be granted permission to use residual minerals consolidated at storage locations and depots under Clause 7 of this Article for structures and projects under Points a, b, c, and dd Clause 1a Article 55 of the Law on Geology and Minerals as follows:
a) Project developers, investors, or construction contractors of structures and projects under Points a, b, c, d, and dd Clause 1a Article 55 of the Law on Geology and Minerals shall file application for use of minerals to commune-level People’s Committees. The application must include information on: Type of minerals; mineral quantities requested for use; use purpose; schedule, time of activities that involve use of minerals;
b) Within 10 working days from the date on which Chairpersons of commune-level People’s Committees receive application of project developers, investors, and construction contractors, Chairpersons of commune-level People’s Committees have the responsibility to review, conduct field inspection, and decide on issuance of written confirmation of registration for mineral recovery. Where the application is rejected, competent authorities shall provide written response stating reasons for rejection;
c) Within 3 working days from the date on which Chairpersons of commune-level People’s Committees issue written confirmation of registration for mineral recovery, commune-level People’s Committees shall inform project developers, investors, and construction contractors to receive processing results and fulfill relevant obligations as per the law.
9. Where mineral storage locations or depots under Clause 7 of this Article are located in two commune-level administrative divisions or more, Chairpersons of provincial People’s Committees shall be entitled to granting permission to use the minerals. Application and procedures shall be similar to those under Clause 8 of this Article.
10. Within 5 working days from the date on which mineral recovery and use end, project developers, investors, and construction contractors under Point d Clause 7 of this Article have the responsibility to file reports on results of mineral recovery and use to competent authorities and competent persons entitled to issuance of written confirmation of registration for mineral recovery.
11. On the basis of scale and mineral quantity, competent persons entitled to issuance of written confirmation of registration for mineral recovery shall arrange supervision of mineral recovery operation.
12. The Minister of Agriculture and Environment shall prescribe form of documents and application under Clauses 8, 9, and 10 of this Article.”.
a) Amend Point a Clause 1:
“a) Recovered minerals are mining spoils and and tailings of active mines that have been stored and kept at storage locations, depots, tailing ponds;”;
b) Amend Point b Clause 3:
b) Investment guidelines of mineral production projects have been approved or decided by competent authorities or competent persons if required by investment laws, public investment laws, PPP investment laws; competent authorities entitled to inspection of fundamental design in investment feasibility study or construction drawing design in investment economic- technical reports have issued written approval;”.
a) Amend Point c and Point d Clause 1:
“c) The following documents for cases under Point d Clause 1 Article 75 of the Law on Geology and Minerals: Construction permit according to construction laws (if any); decision permitting land use repurposing according to land laws (if any); certificate of land use right, ownership of property attached to land according to land laws or decision on land lease of regulatory authorities (legitimate copies);
d) The following documents for cases under Point dd Clause 1 Article 75 of the Law on Geology and Minerals: Mine closure schemes or plans together with approving decisions or accepting documents of competent authorities and competent persons in case of group I, group II, group III mineral production; environmental remediation and restoration plans presented in environment impact assessment report of which inspection results have been approved or reports recommending environment license where environment license has been issued in respect of cases under Clause 1 Article 72 of the Law on Geology and Minerals; mineral production plans for cases under Clause 2 Article 72 of the Law on Geology and Minerals (original copies);”;
b) Add Point dd and Point e after Point d Clause 1:
“dd) Letter of introduction of construction contractors issued by project developers or investors for cases under Point b and Point c Clause 1 Article 75 of the Law on Geology and Minerals;
e) Reports on assessment of economic effectiveness filed by project developers, investors, or construction contractors for cases under Point b Clause 4 Article 96 hereof.”;
c) Amend Clause 2:
“2. Procedures for issuing written confirmation of registration for mineral recovery:
a) Applicants shall submit application for written confirmation of registration for mineral recovery to receiving agencies as per the law. Within 1 working day, receiving agencies have the responsibility to examine and inspect adequacy of the application. Where application is adequate, receiving agencies shall file receipt and transfer the application to inspecting agencies which inspect the application. Where application is inadequate, receiving agencies shall return the application and provide reasons for rejection;
b) Within 5 working days from the date on which notice of application receipt is issued, inspecting agencies have the responsibility to finish inspection of coordinates and area of sites where application for mineral recovery is filed and physical inspection;
c) Within 21 working days, inspecting agencies must finish inspection of recovered mineral quantities. In case of recovery of group I minerals in sites where mineral production projects are executed (and outside of production area) and where the Minister of Agriculture and Environment is entitled to issuance of mineral production license, provincial People’s Committees shall consult the Ministry of Agriculture and Environment. In case of recovery of minerals under Point c Clause 1 Article 75 of the Law on Geology and Minerals, inspecting agencies shall consult field-specific authorities of administrative divisions where excavation work is conducted regarding excavation projects and plans. Consulting period shall not be included in application inspection time;
d) Within 5 working days from the date on which tasks under Point b of this Clause are completed, inspecting agencies have the responsibility to finalize and submit application to competent persons entitled to issuance of written confirmation of registration for mineral recovery;
dd) Within 7 working days from the date on which competent persons receive application sent by inspecting agencies, competent persons shall consider and sign written confirmation of registration for mineral recovery. Where the application is rejected, competent authorities shall provide written response stating reasons for rejection;
e) Within 5 working days from the date on which receiving agencies receive application from persons entitled to issuance of confirmation of registration for mineral recovery, receiving agencies shall inform applicants to receive processing results and fulfill relevant obligations and notify commune-level People’s Committees for joint management and supervision;
g) Where application must be revised or amended, inspecting agencies shall request applicants in writing to revise and amend accordingly. The time that it takes applicants to revise their application shall not be included in inspection period.”.
38. Amend Clause 3 and Clause 4 Article 99:
“3. Responsibility in governance of mineral processing:
a) The Ministry of Industry and Trade shall exercise governance function regarding processing and export of group I minerals, industrial minerals under group II minerals serving industrial sector, and group III minerals that are natural mineral water, geothermal spring, mineral-rich mud, peat; develop and promulgate technical regulations on processed minerals; list and technical parameters of minerals permissible for export; except for cases under Point b of this Clause;
b) The Ministry of Construction shall exercise governance capability in processing and export of group II, group III minerals used as construction materials; develop and promulgate technical regulations for minerals used as ingredients for construction materials; prescribe list, specifications, and technical parameters of minerals used for construction materials permissible for export;
c) Provincial People’s Committees shall cooperate with the Ministry of Industry and Trade and the Ministry of Construction in exercising governance functionality regarding mineral processing and export, arranging control and supervision of mineral processing and export in local administrative divisions.
4. Competent authorities and competent persons entitled to approval or decision of investment guidelines of mineral processing projects have the responsibility to seek written approval of state authorities pertaining to mineral processing before approving or deciding on investment guidelines according to investment laws, public investment laws, or PPP investment laws.”.
39. Add Section 11 after Section 10 Chapter IV as follows:
“Section 11
SAMPLING FOR RESEARCH AND TEST OF MINERAL PROCESSING TECHNOLOGY
Article 100a. Sampling for research and test of mineral processing technology
1. Organizations and individuals that wish to perform sampling for research and test of mineral processing technology shall submit application to competent persons under Clause 2 of this Article for consideration and approval for sampling. Application consist of:
a) Written application for sampling which specifies purpose of sampling, type of minerals, location, depth, quantities, and sampling period (original copies);
b) Sampling plans for research and test of mineral processing technology (original copies);
c) Maps of sampling location and description of geological, mineral conditions (original copies);
d) Document proof of laboratory capacity or written agreement signed with entities conducting analysis and technology test (legitimate copies);
dd) Written agreement of holders of mineral exploration license, mineral production license in case sampling location is within mineral exploration area or area of mineral production projects (legitimate copies).
2. Entitlement to approval for sampling for research and test of mineral processing technology:
a) The Minister of Agriculture and Environment shall approve sampling for research, test of mineral processing technology for group I minerals and minerals that have not been categorized in mineral group;
b) Chairpersons of provincial People’s Committees shall approve sampling for research, test of mineral processing technology for group II, group III, and group IV minerals.
3. Procedures for approving sampling for research and test of mineral processing technology:
a) Organizations and individuals shall submit application under Clause 1 of this Article to receiving agencies under Clause 2 Article 23 hereof;
b) Within 3 working days, receiving agencies have the responsibility to examine and inspect adequacy of the application. Where application is adequate, receiving agencies shall file receipt and transfer the application to inspecting agencies which inspect the application.
Where application is inadequate, receiving agencies shall return the application and provide reasons for rejection;
c) Within 15 working days from the date on which inspecting agencies receive adequate application, inspecting agencies have the responsibility to inspect and report to competent persons for consideration and approval of sampling.
Where sampling location is in sites where mining operations are prohibited or sites where mining operations are temporarily suspended, written approval of Chairpersons of provincial People’s Committees shall be required. Inspection time limit shall be increased by 10 working days;
d) Within 3 working days from the date on which competent persons under Clause 2 of this Article receive application from inspecting agencies, the competent persons have the responsibility to promulgate written approval for sampling for research and test of mineral processing technology after receiving application that satisfies requirements under Clause 1 of this Article. In case of rejection, competent persons shall issue written response and provide reasons for rejection;
dd) Within 1 working day from the date on which receiving agencies receive processing results sent by competent persons, receiving agencies shall notify the applicants.
4. Applicants that are approved to conduct sampling for research and test of mineral processing technology have the responsibility to:
a) inform field-specific authorities affiliated to provincial People’s Committees about sampling plans within 5 working days from the date on which competent persons promulgate written approval for sampling for research and test of mineral processing technology;
b) negotiate with land use right holders in case sampling location is not within mineral exploration area or area of mineral production projects licensed by competent authorities or competent persons;
c) perform sampling at the correct location, with the correct quantities, and at the correct time according to approval;
d) adopt safety, environmental protection, and restoration measures after finishing sampling;
dd) fulfill arising obligations for cases under Point dd Clause 1 of this Article on the basis of agreement according to civil laws;
e) provide test results of processing technology at request of competent persons entitled to approval of sampling process or regulatory authorities according to regulations on science, technology, and renovation;
g) submit reports on sampling results for research and test of mineral processing technology to agencies that archive geological, mineral data and information under Clause 2 Article 121 hereof.
5. Gathered samples shall only be used in research and test of mineral processing technology and must not be traded or used in other commercial purposes without permission as per the law.
6. Sample collection and storage must conform to regulations on state secret protection if minerals are classified under state secrets.
7. Holders of mineral exploration license and mineral production license and holders of land use right have the responsibility to facilitate and cooperate with organizations and individuals that have been approved to conduct sampling.
8. The Minister of Agriculture and Environment shall prescribe form of documents under this Article.
Article 100b. Responsibility to manage sampling process for test of mineral processing technology
1. The Ministry of Agriculture and Environment has the responsibility to:
a) prescribe maximum quantity of samples of each mineral group available for collection;
b) arrange inspection of the use of samples for test of mineral processing technology;
c) develop database on sample for research and development of mineral processing technology;
d) take charge and cooperate with the Ministry of Science and Technology, the Ministry of Industry and Trade, and relevant agencies in inspecting sampling plans for research and test of group I mineral processing technology.
2. Provincial People’s Committees have the responsibility to:
a) assign and transfer sampling locations for cases under Point b Clause 4 Article 100a hereof;
b) supervise sampling process and ensure that sampling process adheres to approval granted by competent persons;
c) take charge and cooperate with the Ministry of Science and Technology, the Ministry of Industry and Trade, the Ministry of Construction, and relevant agencies in examining sampling plans for research and test of group II, group III, and group IV mineral processing technology.
3. Field-specific authorities affiliated to provincial People’s Committees shall act as contact points which advise Chairpersons of provincial People’s Committees to exercise tasks and powers under Clause 2 of this Article and Point b Clause 2 Article 100a hereof; file periodic reports on approval, management, and supervision of sampling activities in their administrative divisions to the Ministry of Agriculture and Environment (which are incorporated in reports on governance of geology and minerals).”.
40. Amend Clause 1 Article 103:
“1. Application for approval of mine closure schemes shall consist of:
a) Written application for approval for mine closure schemes or written application for approval for mine closure schemes and waiver of mineral production license, mineral salvaging license (original copies);
b) Mine closure schemes (original copies);
c) Maps depicting conditions of mineral production sites on the date on which application for mine closure is submitted (original copies);
d) Environmental remediation and restoration plans incorporated in environmental impact assessment of which inspection results have been inspected or reports recommending issuance of environment license where environment license has been issued according to environmental protection laws (legitimate copies); with the exception under Clause 1c Article 55 of the Law on Geology and Minerals;
dd) Documents under Point dd and Point e Clause 2 Article 65 hereof if procedures for waiver of mineral production are adopted at the same time as procedures for approval for mine closure schemes (original copies or legitimate copies).”.
a) Amend Clause 2:
“2. Application for amendment to approved mine closure schemes under Point b and Point c Clause 1 of this Article consists of:
a) Written application for amendment to mine closure schemes (original copies);
b) Reports on implementation results of approved mine closure schemes together with plans for implementation of amended mine closure schemes (original copies);
c) Maps depicting conditions of mine closure sites on the date on which application for amendment is submitted (original copies);
d) Environmental remediation and restoration plans incorporated in environmental impact assessment of which inspection results have been inspected or reports recommending issuance of environment license where environment license has been issued according to environmental protection laws (legitimate copies); with the exception under Clause 1c Article 55 of the Law on Geology and Minerals.”;
b) Add Clause 2a after Clause 2:
“2a. Application for amendment to approved mine closure scheme for cases under Point a Clause 1 of this Article shall be application for approval for amendment to mine closure schemes (original copies).”.
a) Amend Point c Clause 3:
“c) Arrange physical inspection and commissioning of results of mine closure schemes (which can be done simultaneously as activities under Point b of this Clause). Where quantities of minerals at relevant sites are not available, physical inspection shall not be conducted;”;
b) Add Clause 6a, Clause 6b, and Clause 6c after Clause 6 as follows:
“6a. Organizations and individuals engaged in mineral production and are incapable of closing mines according to Clause 2 Article 84 of the Law on Geology and Minerals include:
a) Organizations dissolve or go bankrupt;
b) Individuals holding mineral production license have deceased, become incapacitated, do not have heir or legitimate representatives who exercise their obligations on their behalf in which case Chairpersons of commune-level People’s Committees have issued confirmation;
c) Organizations, individuals no longer possessing financial capability to conduct mine closure in which case confirmation issued by provincial People’s Committees on the basis of the latest audited financial statement;
d) Other cases where organizations, individuals no longer realistically capable of fulfilling mine closure obligation in which case confirmation is issued by provincial People’s Committees.
6b. For cases under Point a Clause 4 Article 82 of the Law on Geology and Minerals, competent authorities and competent persons entitled to issuance of license shall promulgate decision on mine closure within 24 working days from the date on which they receive documents confirming expiry of mineral production license or mineral salvaging license according to Clause 2 Article 66 and Clause 2 Article 71 of the Law on Geology and Minerals.
6c. For cases under Point c Clause 4 Article 82 of the Law on Geology and Minerals, competent authorities and competent persons shall promulgate decisions on mine closure and permit waiver of mineral production license. Documents shall conform to Clause 3 Article 65 hereof.”.
a) Amend Point a Clause 4:
“a) approve and allow competent persons to issue mineral exploration license, mineral production license for special strategic minerals to satisfactory organizations according this Decree;“;
b) Amend Clause 5:
“5. The Ministry of Industry and Trade shall take charge, cooperate with relevant ministries in submitting and requesting the Prime Minister to approve list and processing degree of strategic, important minerals under Point c Clause 4 of this Article.”.
44. Add Articles 110a, 110b, 110c, 110d, 110dd, 110e, and 110g after Article 110:
“Article 110a. General provisions pertaining to management of rare earths
1. In addition to compliance with regulations applicable to strategic minerals and important minerals under Article 108, Article 109, and Article 110 hereof, surveying, exploration, production, processing, and use of rare earths must conform to National strategy on rare earths.
2. Operations pertaining to rare earths must adhere to principles below:
a) Protecting resources and environment, and ensuring sustainable development;
b) Producing and processing together with deep processing, added-value increase, and technological self-reliance;
c) refraining from exporting rare earths that do not satisfied deep processing standards according to regulations of the Ministry of Industry and Trade; only exporting products of deep processing according to list promulgated by the Prime Minister;
d) Associating geological survey, exploration, and production with human resource training and processing technology improvement for rare earths in Vietnam.
Article 110b. Planning for rare earth minerals, National strategy on rare earths
1. Planning for rare earth minerals is a part of group I mineral planning and consists of:
a) Resource inventory in planning period, zoning of rare earth sites based on type and on the basis of geological survey for minerals; evaluation of production conditions, processing technology, and forecast of domestic, regional, international rare earth demand;
b) Direction for exploration: Adequate assessment of scale, quantity, and reserve of rare earths in exploration sites; list of exploration schemes, coordinates and area of exploration site, exploration objectives, exploration funding demand based on exploration planning period;
c) Direction for production: List of rare earth production projects, production capacity based on planning period; production period of each mine;
d) Direction for processing and use: Adoption of advanced technology, modern and environmental protection equipment; production of rare earth elements associated with processing projects for minimum products of total oxides, hydroxides, salts of rare earths with total TREO ≥ 90%, encouraging production of rare earth oxides (REO), advanced technology, modern equipment, and maximum recovery of beneficial secondary minerals;
dd) Requirements pertaining to environmental protection and community safety: Direction for handling solutions for secondary wastes and radioactive substances (if any); environment renovation and restoration after production; safety for local community where rare earth production and processing projects take place;
e) Land use and technical infrastructures: Land use demand for production and processing; traffic, power, water, infrastructures serving the projects; connection to relevant planning;
g) Socio-economic aspects, security: Economic effectiveness, contribution to the budget; administrative division development; assurance of national resource security and national security;
h) Mechanism for attracting (domestic and foreign) investment and roadmap for arranging planning implementation.
2. National strategy for rare earth must identify:
a) Objective and direction of rare earth industry development;
b) Zoning of potential areas, priority areas for rare earth surveying, exploration, and production;
c) Direction of rare earth production, processing, and use industry development;
d) Policies on international cooperation, human resource training, market development, and value chain.
Article 110c. Geological survey pertaining to rare earth and rare earth exploration
1. The Ministry of Agriculture and Environment shall take charge of arranging geological survey, potential assessment, and rare earth exploration using state budget according to medium-term and long-term plan.
2. Issuance of rare earth mineral exploration license and transfer of rare earth exploration right shall only be implemented after the Prime Minister issues written approval and where regulations under under Clause 2 Article 36 and Article 40 hereof.
3. Application for rare earth exploration license consists of:
a) Written application for mineral exploration license (original copies);
b) Map of mineral exploration site (original copies);
c) Mineral exploration schemes and attached drawings (original copies);
d) Proof of financial capability under Article 26 hereof (legitimate copies);
dd) Plans for radiation safety, environmental safety, and incident prevention (if any) in mineral exploration schemes (original copies);
e) Contracts signed with mineral exploration service providers for mineral exploration in accordance with mineral exploration license in case applicants for mineral exploration license do not directly implement mineral exploration schemes (legitimate copies).
4. Reception, inspection, and result notice issuance of application for rare earth mineral exploration license, transfer of rare earth mineral exploration right shall conform to Article 23, Article 5, Clause 5 of this Article, Clauses 2, 3, 5, and 6 Article 42 hereof.
5. Issuance of rare earth mineral exploration license, transfer of rare earth mineral exploration right:
Within 5 working days from the date on which the Minister of Agriculture and Environment receives application from inspecting agencies, the Minister of Agriculture and Environment shall request the Prime Minister to approve or reject issuance of rare earth mineral exploration license, transfer of rare earth mineral exploration right. The time in which the Prime Minister is consulted shall not be included in time limit for application processing.
Within 3 working days from the date on which the Minister of Agriculture and Environment receives written approval of the Prime Minister, the Minister of Agriculture and Environment shall issue rare earth mineral exploration license and approve transfer of rare earth exploration right. Where the Prime Minister does not approve, the Ministry of Agriculture and Environment shall respond in writing and provide reasons for rejection.
6. Renewal, re-issuance, amendment, waiver of rare earth mineral exploration license shall conform to Articles 37, 38, 39, 41, and 44 hereof.
7. Results of rare earth mineral exploration must be inspected, recognized for quantities and quality according to national technical regulations promulgated by the Ministry of Agriculture and Environment.
Article 110d. Rare earth production and processing
1. Issuance of rare earth mineral production license and transfer of rare earth production right shall only be implemented after the Prime Minister issues written approval and where regulations under under Clause 1 Article 61 and Article 66 hereof.
2. Application for rare earth mineral production license consists of:
a) Written application for mineral production license (original copies);
b) Feasibility study or equivalent document of rare earth production, processing projects (legitimate copies). Where mineral processing is not the scope of mineral production projects, organizations and individuals must provide documents proving rare earth processing and consumption methods decided or approved by competent authorities and competent persons according to investment laws, public investment laws, PPP investment laws;
c) Environmental impact assessment with approved inspection results or reports recommending environment license where environment license has been issued in accordance with environmental protection laws (legitimate copies);
d) Written inspection of radiation safety and management of radioactive waste (if any) according to atomic energy laws (legitimate copies).
3. Reception, inspection, and result notice issuance of application for rare earth mineral production license, transfer of rare earth mineral production right shall conform to Article 23, Article 25, Clause 4 of this Article, Clauses 2, 3, 5, 6, and 8 Article 67 hereof.
4. Issuance of rare earth mineral production license, transfer of rare earth production right:
Within 5 working days from the date on which the Minister of Agriculture and Environment receives application from inspecting agencies, the Minister of Agriculture and Environment shall request the Prime Minister to approve or reject issuance of rare earth mineral production license, transfer of rare earth mineral production right. The time in which the Prime Minister is consulted shall not be included in time limit for application processing.
Within 3 working days from the date on which the Minister of Agriculture and Environment receives written approval of the Prime Minister, the Minister of Agriculture and Environment shall issue rare earth mineral production license and approve transfer of rare earth production right. Where the Prime Minister does not approve, the Ministry of Agriculture and Environment shall respond in writing and provide reasons for rejection.
5. Renewal, re-issuance, amendment, waiver of rare earth mineral production license shall conform to Articles 62, 63, 64, 65, and 67 hereof. If necessary, the Minister of Agriculture and Environment shall request to the Prime Minister to consider and approve before deciding on renewal, re-issuance, amendment of rare earth mineral production license.
6. Rare earth processing (beneficiation, refining, separation) shall only be conducted at facilities permitted to operate as per the law and satisfying technology, environmental safety, and radiation control standards.
7. Organizations and individuals engaged in rare earth production and processing have the responsibility to file monthly reports on production output, processing output, refining products, and other necessary information to the Ministry of Agriculture and Environment and the Ministry of Industry and Trade.
Article 110dd. Rare earth mineral preservation and protection
1. Rare earth preservation sites shall be defined on the basis of geological survey results pertaining to rare earth minerals, mineral planning and satisfactory to sustainable socio-economic development and national defense, security requirements.
2. The Ministry of Agriculture and Environment shall take charge of zoning, approving, publishing list and boundaries of rare earth preservation sites.
3. Management and protection of rare earth preservation sites shall conform regulations of the law in case of national mineral preservation sites and must:
a) prevent losses or damage to rare earth minerals;
b) adhere to planning related to national defense, security, and environmental protection;
c) ensure benefits of local administrative divisions and residential community in vicinity of preservation areas.
Article 110e. Management of information, data and international cooperation in rare earth
1. Geological, mineral information and data pertaining to rare earth shall be under centralized management at database on geology and minerals operated by the Ministry of Agriculture and Environment.
2. Rare earth collection, storage, use, and provision shall conform to state secret protection laws.
3. The Ministry of Agriculture and Environment shall take charge, cooperate with relevant agencies in implementing international cooperation in research and development of geological survey for minerals, exploration, environmental remediation and restoration in production and closure of rare earth mines.
4. The Ministry of Industry and Trade shall take charge and cooperate with the Ministry of Foreign Affairs, the Ministry of Science and Technology, and the Ministry of Agriculture and Environment in arranging international cooperation in research and development of rare earth production and processing technologies, high quality human resource training, and technology transfer.
5. International cooperation on rare earth shall only be established to partners, organizations, and countries approved by the Prime Minister, ensure equality and reciprocity, not affect national security, national defense, nor national benefits.
Article 110g. Responsibilities of agencies, organizations, and individuals in rare earth management
1. The Government’s responsibility to unify management
a) The Government shall perform joint management of geological survey, exploration, production, processing, use, and storage of rare earth on a nationwide scale; ensure resource security, national security and national benefits.
b) Uniform management and control of rare earth shall be implemented via national digital data system on rare earth in a manner that ensures: Adequate and constant monitoring of production, processing, refining, separation, import, and export of rare earth; traceability of rare earth from mines to final products; interdisciplinary reconciliation between resource management, industry, commerce, and customs.
2. The Ministry of Agriculture and Environment has the responsibility to
a) assume accountability to the Government for governance of: Geological survey, potential assessment, rare earth exploration and production; management of rare earth output by each mine, each license, including rare earth recovered from secondary minerals.
b) act as agency for developing, operating, managing national database on rare earth, including: Geological, reserve, quality data; data on output by mine and unified converted unit; identification code of mines, license, enterprises, and rare earth plots.
c) take charge of promulgating technical regulations, data standards, methods for converting rare earth output; arrange data reconciliation and authentication for interdisciplinary governance.
3. The Ministry of Industry and Trade has the responsibility to:
a) coordinate industrial, market, and import, export policies regarding rare earth and rare earth products.
b) manage and control processed, circulated, imported, and exported rare earth output on the basis of data access and use from national database on rare earth operated by the Ministry of Agriculture and Environment.
c) take charge of arranging rare earth product traceability system utilizing value chain in a manner that ensures that: Each rare earth product circulating on the market has legitimate traceability information; data is connected to the Ministry of Agriculture and Environment, customs authorities, and relevant authorities; established data system must not repeat.
d) take charge and cooperate with the Ministry of Science and Technology and relevant agencies in studying, applying, and transferring rare earth production and processing technology.
4. Provincial People’s Committees have the responsibility to:
a) manage, protect rare earth minerals before and during production in their jurisdiction.
b) assign resource and environment authority to act as contact point to: Supervise rare earth production and transport in local administrative divisions; connect, update output data in national database on rare earth; cooperate with relevant ministries and agencies in examining, inspecting, taking actions against violations; ensure fulfillment of personnel, technical infrastructure, and interdisciplinary cooperation in order to prevent, detect, and take actions against unlawful rare earth production and transportation.
c) ensure personnel, technical infrastructure conditions, and implement interdisciplinary cooperation in preventing, discovering, and taking actions against unlawful rare earth production and transportation.
5. Organizations and individuals engaged in operations related to rare earth have the responsibility to:
a) adequately comply with regulations on and contents of licenses relating to rare earth.
b) fulfill obligations pertaining to finance, environmental protection, radiation safety, environmental remediation and restoration as per the law.
c) file periodic reports via electronic means on: Output of production, processing, refining, storage, and consumption; type, contents, form of rare earth products; product origin, batch, and destination of rare earth products.
d) Truthfully, adequately update and declare information in national database on rare earth; assume legal accountability for authenticity of declared data.
dd) fulfill regulations on state secret protection regarding rare earth data according to list and level of classification promulgated by competent authorities.”.
a) Amend Clause 2:
“2. Regulations on cooperation on management of sand and gravel at river bed, lakebed, coastal areas must conform to regulations on geology, minerals, other relevant law provisions; ensure consistency in planning, licensing for exploration and production of sand and gravel at river bed, lakebed, coastal areas; strengthen roles and responsibilities of relevant local governments in management of sand and gravel in adjoining locations.”;
b) Amend Point c Clause 3:
“c) Responsibilities of field-specific authorities assigned to advise, assist provincial People’s Committees in governance operations of geology and minerals in taking charge, cooperating with authorities in taking actions against violations pertaining to minerals within their powers; responsibilities of provincial police, provincial military command in patrolling, examining, taking actions against unlawful sand, gravel production in their jurisdiction; responsibilities to cooperate with waterway police forces, environment police in taking strict actions against unlawful sand, gravel production, transportation of sand, gravel with unclear origin at adjoining areas of provincial administrative divisions;”.
“Article 115. License to produce river bed, lakebed, coastal sand and gravel
1. License to produce river bed, lakebed, coastal sand and gravel must include:
a) Information on name of organization, individual engaged in mineral production;
b) License contents under Clause 2 of this Article;
c) Requirements of organization, individual to which mineral production is issued in accordance with Clause 3 of this Article.
2. In addition to contents under Clause 2 Article 56 of the Law on Geology and Minerals, license to produce river bed, lakebed, coastal sand and gravel must also include permissible production time in a day, a year.
3. In addition to requirements under Clause 3 Article 56 of the Law on Geology and Minerals, license to produce river bed, lakebed, coastal sand and gravel must prescribe additional responsibilities of organization and individual engaged in mineral production to:
a) determine boundary of production sites; installation of markers or floats that define closing points of production sites of river bed sand, gravel production;
b) install public notice pertaining to production license, production projects in accordance with Clause 3 Article 116 hereof;
c) ensure that vehicles and equipment used in production sites are registered and inspected in accordance with the Law on Inland Waterway Traffic and other relevant law provisions;
d) install devices for tracking position and storing information pertaining to location and route of vehicles and equipment.”.
4. Depending on geographical locations, climate, weather, hydrographic conditions, Chairpersons of provincial People’s Committees shall prescribe daily production time and annual production time in their provinces and prohibit nighttime production of lake bed, river bed sand and gravel.”.
a) Amend Point c Clause 1:
“c) Public notice board containing information on: address of consolidation yards and docks must be installed; weighing stations and cameras are installed for the purpose of supervising quantities of sand and gravel traded at consolidation yards and depots and area of consolidation yards and depots.”;
b) Amend Point b Clause 3:
“b) Be made of reflective materials.”.
“Article 131. Entitlement to determination, approval, amendment, settlement, and re-approval of mineral production licensing fee
1. Field-specific authorities affiliated to provincial People’s Committees shall determine, settle mineral production licensing fees for group I, group II, group III, group IV mineral production licensing fees, mineral salvaging license, written confirmation of registration for mineral recovery in provinces and cities except for cases under Clause 3 and Clause 4 of this Article.
Where coverage of mineral production license involves 2 provincial administrative divisions or higher, field-specific authorities affiliated to provincial People’s Committees of provincial administrative divisions where the majority of mineral production sites is located shall determine and settle mineral production licensing fees.
2. Chairpersons of provincial People’s Committees shall approve, approve amendments, and re-approve mineral production licensing fee for group I, group II, group III, group IV mineral production license, mineral salvaging license, written confirmation of registration for mineral recovery in provinces and cities, except for cases detailed under Clause 3 and Clause 5 of this Article.
Where coverage of mineral production license involves 2 provincial administrative divisions, Chairpersons of provincial People’s Committees of provincial administrative divisions where the majority of mineral production sites is located shall approve, approve amendment to, and re-approve mineral production licensing fees.
3. Chairpersons of commune-level People’s Committees shall approve, approve amendment, re-approve, and settle mineral production licensing fee for written confirmation of registration for mineral recovery where Chairpersons of commune-level People’s Committees are entitled to issuance according to Point b Clause 1 Article 96 hereof.
Chairpersons of commune-level People’s Committees shall assign field-specific authorities affiliated to commune-level People’s Committees to determine, request approval, approval for amendment, re-approval, and settlement of mineral production licensing fee for written confirmation of registration for mineral recovery where Chairpersons of commune-level People’s Committees are entitled to issuance in accordance with Point b Clause 1 Article 96 hereof.
4. Field-specific authorities affiliated to the Ministry of Agriculture and Environment shall determine, settle mineral production licensing fees for mineral production license that concerns production sites in sea waters of provinces and cities or sea waters that have not been defined to be associated with any provincial administrative division.
Where boundaries of administrative divisions are defined at sea, settlement of mineral production license fee shall conform to Clause 1 of this Article.
5. The Minister of Agriculture and Environment shall approve, approve amendment to mineral production licensing fees for mineral production license under Point b Clause 1 Article 108 of the Law on Geology and Minerals.
Where boundaries of administrative divisions at sea are defined, approval and approval for amendment to mineral production licensing fee shall conform to Clause 2 and Clause 3 of this Article.”.
49. Amend Clause 2 Article 132:
“2. Annual mineral production licensing fee shall be determined as follows:
Where:
Thn – Annual mineral production licensing fee on the date on which approval is granted;
T – Total mineral production licensing fee;
X – Total installments of mineral production licensing fees in years, from the years in which mineral production license is issued, written confirmation of registration for mineral recovery, written approval for mineral production and recovery to the year in which mineral production, recovery period expires. Where production or recovery period expires before July 1, the final year does not count as one installment of mineral production licensing fees; for other cases, the final year shall count as one installment of mineral production licensing fees.”.
a) Amend Clause 1 and Clause 2:
“1. Mineral production licensing prices (G) shall be determined on the basis of prices used for calculation of severance tax and adjustables below:
G = Gtn x Kqđ
Where:
G – Prices based on which mineral production licensing fee is calculated, determined by average mineral contents and quality in mineral exploration reports or general general survey and assessment results in case of group IV minerals; in VND/unit of mineral reserve and quantity;
Gtn – Prices used for calculation of severance tax promulgated and adopted by provincial People’s Committees on the date on which mineral production licensing fees are approved, amended. Where coverage of mineral production license involves 2 provincial administrative divisions, prices used for calculation of severance tax promulgated by provincial People’s Committees of administrative divisions where the majority of mineral production sites are located shall be adopted;
Kqđ – Adjustables according to Appendix IV attached hereto and rounded to the nearest thousandth decimal.
2. Where prices used for calculation of severance tax are not available or prices used for calculation of severance tax promulgated by provincial People’s Committees do not comply with regulations of the law pertaining to calculation of severance tax, prices used for calculation of which mineral production licensing fee shall be temporarily determined by average prices of raw minerals under severance tax brackets promulgated by the Minister of Finance.
Where minerals that are not specified under severance tax brackets are produced, prices used for calculation of mineral production licensing fees shall be temporarily determined on the basis of prices used for calculation of severance tax of mineral type with similar use purposes; where prices used for calculation of severance tax of mineral with similar use purposes are not available, prices used for calculation of mineral production licensing fees shall be temporarily determined on the basis of prices used for calculation of severance tax of mineral type with the same characteristics.”.
b) Add Clause 2a after Clause 2:
“2a. In respect of mineral production license under Point b Clause 1 Article 108 of the Law on Geology and Minerals, where boundaries of administrative divisions at sea have not been determined, prices used for calculation of mineral production licensing fees shall be determined on the basis of prices used for calculation of severance tax prescribed by provincial People’s Committees (in case of province, city governments that promulgate prices used for calculation of severance tax for mineral types of which prices used for calculation of mineral production licensing fees must be determined) of administrative divisions that are the closest to production sites.”.
51. Amend Clause 1 and Clause 2 Article 136:
“1. Mineral production licensing fees shall be approved for amendments where:
a) Mineral reserves or quantities for production or recovery are changed as a result of renewal, re-issuance, amendment to mineral production license or mineral salvaging license or written permission for mineral production, recovery; mines are closed;
b) Production period is changed relative to that in mineral production license, mineral salvaging license, written permission for mineral production, recovery;
c) On the date on which mineral production licensing fee is settled (except for cases detailed under Point d Clause 1 Article 139), prices used for calculation of which mineral production licensing fee are changed by more than 20% relative to prices used for calculation of which mineral production licensing fee applicable on the date on which approval is granted or rate at which mineral production licensing fee is charged is changed.
2. Determination and approval for amendment to mineral production licensing fee for cases under Clause 1 of this Article shall be implemented within 24 working days form the date on which competent authorities, competent persons decide on details under Point a, Point b, and Point c Clause 1 of this Article.”.
a) Amend Clause 1:
“1. Organizations and individuals engaged in mineral production and recovery shall settle mineral production licensing fee as follows:
a) Once every 5 years on a periodic basis. Cut-off date of output for the purpose of settlement of mineral production licensing fee shall be December 31 of the final year in settlement period;
b) Upon renewal, amendment, re-issuance of mineral production license, mineral salvaging license, written confirmation of registration for mineral recovery, written approval or permission for mineral production and recovery; transfer of mineral production right, mineral salvaging right. Cut-of date of mineral output for the purpose of settlement of mineral production licensing fee shall be the date on which renewal, amendment, re-issuance of mineral production license or mineral salvaging license or written confirmation of registration for mineral recovery, written approval or permission for mineral production and recovery; transfer of mineral production right, mineral salvaging right is implemented;
c) Upon mine closure; expiry of written confirmation of registration for mineral recovery, written approval or permission for mineral production and recovery; expiry of mineral production license or mineral savaging license that does not warrant mine closure according to Point a Clause 4 Article 82 of the Law on Geology and Minerals. Cut-off date of mineral output for the purpose of settlement of mineral production licensing fee shall be date on which mine is closed or the date on which written confirmation of registration for mineral recovery, written approval or permission for mineral production and recovery, mineral production license, mineral salvaging license expires (if mine closure is not required);
d) Upon settling mineral production licensing fee, initial winning bid of mineral production right in accordance with Point b Clause 9 Article 111 of the Law on Geology and Minerals. Cut-off date of mineral output for the purpose of settlement of mineral production licensing fee shall be June 30, 2025.”;
b) Amend Clause 3 and Clause 4:
“3. Mineral output, for the purpose of settlement of mineral production licensing fee, shall be converted to mineral reserves and quantities in accordance with decisions approving mineral production licensing fee and determined as follows:
Qqti = SLi x TLqđ
Where:
Qqti – Mineral output for settlement of mineral production licensing fee in year i;
SLi – Raw mineral output produced or recovered in year i, which stands for clean coal output in coal production of the year i in case of coals; determined on the basis of declaration of settlement information of mineral production licensing fee filed by organizations, individuals requesting settlement. Organizations and individuals engaged in mineral production and recovery shall be fully legally responsible for authenticity of data provided in declaration of settlement information of mineral production licensing fee;
TLqđ – Adjustables according to Appendix V attached hereto and rounded to the nearest thousandth decimal.
4. Settlement value of mineral production license shall be determined on the basis of prices used for calculation of severance tax and adjustables as follows:
Gqti = Gtni x Kqđ
Where:
Gqti – Settlement value of mineral production licensing fee, determined by contents and quality of minerals produced in year i; in VND/unit of mineral reserve and quantities;
Gtni – Prices use for calculation of severance tax prescribed by provincial People’s Committees, applicable as of January 1 of year i; in VND/unit of resource product.
In respect of mineral production license, mineral salvaging license, written confirmation of registration for mineral recovery according to Point b Clause 1 Article 108 of the Law on Geology and Minerals, during periods where borders of administrative divisions at sea have not been determined, Gtni shall be prices used for calculation of severance tax promulgated and adopted by provincial People’s Committees (province and city governments that promulgate prices used for calculation of severance tax in case of mineral types that warrant calculation of mineral production licensing fee) of administrative divisions that are the closes to production sites on the date on which mineral production licensing fee is approved or amended.
In respect of mineral reserves and quantities that have been produced or recovered before the date on which mineral production licensing fee is approved, even in cases where mineral production licensing fee is temporarily approved, Gtni of years preceding the the date on which approval is granted shall be determined by prices used for calculation of severance tax promulgated and adopted by provincial People’s Committees on the date on which collection of mineral production licensing fee is approved or temporarily approved; where prices used for calculation of severance tax are not available on the date on which collection of mineral production licensing fee is temporarily approved, Gtni of years in which prices used for calculation of severance tax have not been promulgated and which precede the date on which official approval is granted shall be determined on the basis of prices used for calculation of severance tax promulgated and adopted by provincial People’s Committees on January 1 of the year in which official approval is granted;
Kqđ – Adjustables according to Appendix IV attached hereto and rounded to the nearest thousandth decimal.”;
c) Amend Point b Clause 7:
“b) Where organizations and individuals engaged in mineral production and recovery are being met with penalties for their violations of the law relating to mineral production under mineral production license, mineral salvaging license, written confirmation of registration for mineral recovery, documents written approval and permission for mineral production and recovery, the date on which mineral production licensing fee is settled shall be delayed until the violations have been exhaustively dealt with by competent authorities.”;
d) Amend Clause 8 as follows:
“8. Handling of excess or missing mineral production licensing fee after settlement shall be implemented as follows:
a) Where mineral production licensing fee submitted to state budget is greater than amount payable after settlement, the excess shall be taken into consideration and resolved by tax authorities in accordance with tax administration laws except for cases under Point c of this Clause;
b) Where mineral production licensing fee submitted to state budget is lower than amount payable after settlement, organizations and individuals engaged in mineral production and recovery shall be required to submit additional mineral production licensing fee within 24 working days from the date on which notice regarding settlement of mineral production licensing fee is issued.
Additional mineral production licensing fee to be submitted shall be determined in accordance with Clause 1 Article 132 hereof and prices used for calculation of mineral production licensing fee and rate at which mineral production licensing fee is collected (R) which is determined on the date on which output cut-off occurs for the purpose of settlement of mineral production licensing fee;
c) In respect of cases under Point d Clause 1 of this Article, where mineral production licensing fee submitted to state budget is greater than amount payable after settlement, the excess shall be deducted from amounts that they owe the state budget then subsequent payments of mineral production licensing fee.
Remaining mineral production licensing fee after deducting financial obligations (if any) shall be taken into consideration and resolved by tax authorities in accordance with tax administration laws.”.
a) Amend Point a Clause 2:
“a) Other than cases detailed under Point b, Point c, and Point d of this Clause, the formula is as follows:
Qcl = Qcp – Q2014 – SL2025 x TLqđ
Where:
Qcl – Remaining mineral reserves and quantities for production as of July 1, 2025;
Qcp – Mineral reserves and quantities available for production under mineral production license, mineral salvaging license, documents permitting mineral recovery and production;
Q2014 – Mineral reserves and quantities that have been produced between the date of issue of mineral production license, written permission for mineral recovery and production and December 31, 2013. Q2014 is determined by data that is defined upon initial approval of mineral production licensing fee and only applicable to mineral production license issued before January 1, 2014;
SL2025 – Mineral production output achieved from January 1, 2024 to June 30, 2025;
TLqđ – Adjustables according to Appendix V attached hereto and rounded to the nearest thousandth decimal.
Organizations and individuals engaged in mineral production and recovery shall be fully legally responsible for authenticity of data provided in declaration of settlement information of mineral production licensing fee;”;
b) Add Clause 4a after Clause 4:
“4a. Within 24 working days from the date on which written notice of settlement of mineral production licensing fee is issued, competent authorities and competent persons under Article 131 hereof have the responsibility to determine and re-approve mineral production licensing fee.”.
a) Amend Clause 5:
“5. Sites of group III and group IV minerals used as regular construction materials provided for structures and projects under Points a, b, c, d, and dd Clause 1a Article 55 of the Law on Geology and Minerals.”;
b) Add Clause 10 and Clause 11 after Clause 9:
“10. Sites of limestone and clay used as materials for cement production and minerals that are modifying additives used in cement production identified in group II mineral planning; site of minerals defined in mineral planning or provincial planning and used as materials for active mineral processing plants as per the law.
11. Sites of minerals used as the basis for issuing mineral production license to eligible organizations and individuals engaged in mineral exploration according to Article 46 hereof; sites of minerals that are eligible for renewal, re-issuance, amendment to mineral exploration license, mineral production license, transfer of mineral exploration right, mineral production right.”.
55. Add Article 143a after Article 143:
“Article 143a. Zoning sites where mineral production right is not auctioned
1. Responsibility to zone sites where mineral production right is not auctioned:
a) The Minister of Agriculture and Environment shall arrange zoning, approval, amendment, declaration of sites where mineral production right is not auctioned in respect of minerals within licensing entitlement of the Minister of Agriculture and Environment according to Clause 1 Article 108 of the Law on Geology and Minerals;
b) Chairpersons of provincial People’s Committees shall arrange zoning, approval, amendment, declaration of sites where mineral production right is not auctioned for minerals within licensing entitlement of Chairpersons of provincial People’s Committees according to Clause 2 Article 108 of the Law on Geology and Minerals.
2. Procedures for zoning sites where mineral production right is not auctioned:
a) On the basis of strategies for geology, minerals, and mining industry, mineral planning, provincial planning, written direction of competent authority or request of relevant authorities, written request of organizations and individuals engaged in geological survey in minerals under Article 8 and Article 9 hereof, agencies inspecting application for mineral operation license under Clause 1 Article 25 hereof have the responsibility to consolidate, review criteria for zoning sites where mineral production right is not auctioned under Article 143 hereof, consult relevant agencies (if necessary) and file reports on results of zoning sites where mineral production right is not auctioned;
b) On the basis of feedback of relevant agencies (If any), field-specific authorities affiliated to the Ministry of Agriculture and Environment and field-specific authorities affiliated to provincial People’s Committees shall consolidate, review, zone, and request competent persons to promulgate decision approving or adjusting sites where mineral production right is not auctioned within their powers.
3. Documents on zoning sites where mineral production right is not auctioned
a) Written presentation of agencies inspecting application for mineral operation license, list of site requested to be zoned as sites where mineral production right is not auctioned which specify information pertaining to administrative divisions, coordinates, area; type of minerals level of research of geological documents;
b) 1:10.000 and 1:5.000 scale maps of sites requested to be zoned as sites where mineral production right is not auctioned;
c) Documents confirming that mineral sites satisfy criteria for sites where mineral production right is not auctioned according to Article 143 hereof.
4. Zoning, approval, adjustment results shall be publicized on websites, web portal of competent regulatory authorities.”.
a) Amend Clause 1 and Clause 2:
“1. Bids shall consist of 2 sets, each of which includes:
a) Original copies of: Registration for participation in auction for mineral production right;
b) Original copies or certified true copies or copies and original copies or certified true electronic copies of audited financial statements according to Clause 2 Article 26 hereof in case the auction concerns sites where mineral exploration results are not available or according to Clause 2 and Clause 3 Article 55 hereof in case the auction concerns sites where mineral exploration results are available.
2. Requirements pertaining to financial capability of organizations and individuals participating in auction of mineral production right:
a) In respect of sites where mineral exploration results are not available, organizations and individuals participating in auction of mineral production right must satisfy criteria under Clause 1 Article 26 hereof, except for sites of mineral salvaging and group IV mineral sites. Estimates of mineral exploration schemes for sites where mineral production right is auctioned that serve as the basis for determining fulfillment of financial capability requirements of organizations and individuals participating in auction of mineral production right shall be determined on the basis of actual investment rate based on exploration area of ongoing or completed projects for exploration of similar minerals;
b) In respect of sites where mineral exploration results are available, mineral salvaging sites, group IV mineral sites, organizations and individuals participating in auction of mineral production right must satisfy criteria under Clause 1 Article 55 hereof. Total investment of mineral production projects in respect of sites where mineral production right is auctioned that serve as the basis for determining fulfillment of financial capability requirements of organizations and individuals participating in auction of mineral production right shall be determined on the basis of actual investment rate based on mineral reserves and quantities of ongoing or completed projects for exploration of similar minerals.”;
b) Add Clause 2a after Clause 2:
“2a. Where auction of mineral production right is temporarily suspended after time limit for submitting bid has expired, submitted bids of organizations and individuals shall be preserved. Where auction of mineral production right is temporarily suspended while selection results for participation in auction of mineral production right are available, selection results shall be preserved unless organizations and individuals wish to withdraw their bid.”.
57. Amend Clause 3 Article 148:
“3. In respect of mining spoils and tailings under Article 69 hereof and soil and rocks of surface or in-between layers (to be discarded according to mineral production projects) that organizations and individuals wish to produce or recover, the rate of mineral production licensing fee shall be determined by the rate of mineral production licensing fee of minerals with the same use purposes at sites where mineral production right is not auctioned.”.
58. Add Article 148a after Article 148:
“Article 148a. Time limit for submitting application for mineral production license, mineral salvaging license after being awarded mineral production right via auction
1. Time limit for submitting application for mineral production license, mineral salvaging license after being awarded mineral production right via auction at sites where mineral exploration results are available or mineral salvaging sites or group IV mineral sites shall conform to Point b Clause 2 Article 104 of the Law on Geology and Minerals and Clause 2 of this Article.
2. Applicants are eligible for extension of time limit for submitting application for mineral production license, mineral salvaging license for cases under Clause 2 Article 46 hereof.”.
“Article 154. Replacement of mineral production license
Replacement of mineral production license under Point c Clause 2 Article 111 of the Law on Geology and Minerals shall be carried out as follows:
1. Mineral production license issued before the effective date hereof and falling under any of the cases detailed below must be replaced:
a) Mineral production license does not specify mineral reserves or quantities available for production;
b) Mineral production license does not specify production period;
c) Mineral production license does not specify area or depth of production.
2. Principles of mineral production license replacement:
a) Replacement of mineral production license shall be implemented not via auction of mineral production right;
b) Procedures pertaining to approval or decision of investment guidelines, environmental impact assessment, and environment license are not mandatory on for the purpose of applying for replacement, except for cases under Point d of this Clause;
c) In respect of license with unexpired production period, production period of replacing license shall be the remaining production period of previous license unless license replacement incorporates license renewal or re-issuance. In respect of license with unspecified production period, production period of replacing license shall conform to Point a Clause 4 Article 56 and Clause 3 Article 87 of the Law on Geology and Minerals;
d) Replacement of mineral production license may incorporate renewal, re-issuance, nr amendment to mineral production license;
dd) Replacing mineral production license shall include details of renewal, re-issuance, and amendment (if any).
3. Except for cases under Point d Clause 2 of this Article, application for replacement of mineral production license under Clause 1 of this Article consist of:
a) Written application for replacement of mineral production license (original copies);
b) Mineral production license (legitimate copies);
c) Fundamental design in investment feasibility study or construction drawing design in investment technical – economic reports that have been approved or accepted according to construction laws (legitimate copies).
4. Application for replacement of mineral production license for cases under Point d Clause 2 of this Article consists of:
a) Written application for replacement of mineral production license which specifies demands for renewal, re-issuance, or amendment (original copies);
b) Other documents corresponding to components of application for renewal, re-issuance, or amendment to mineral production license under this document.
5. Procedures for replacing mineral production license:
a) For cases under Point a and Point b Clause 1, replacement of mineral production license shall conform to regulations applicable to amendment to mineral production license under Point a Clause 1 Article 64 hereof;
b) For cases under Point c Clause 1 of this Article, replacement of mineral production license shall conform to regulations applicable to amendment to mineral production license under Point g Clause 1 Article 64 hereof;
c) For mineral production license that falls under multiple cases under Clause 1 of this Article, procedures for replacing mineral production license shall be similar to those for amending mineral production license under Article 25 and Clauses 2, 3, 4, 5, 6, and 8 Article 67 hereof;
d) For cases under Point d Clause 2 of this Article, procedures for replacing mineral production license shall be similar to those for renewing, re-issuing, amending mineral production license under Article 25 and Clauses 2, 3, 4, 5, 6, and 8 Article 67 hereof.
6. The Minister of Agriculture and Environment shall prescribe sample documents in application for replacement of mineral production license.”.
Article 2. Replacement of phrases; repeal of articles, points, clauses under Decree No. 193/2025/ND-CP dated July 2, 2025 of the Government elaborating the Law on Geology and Minerals
1. Add the phrase “Bộ trưởng” (Minister) before the phrase “Bộ Nông nghiệp và Môi trường xem xét, ban hành quyết định phê duyệt kết quả khoanh định khu vực có khoáng sản phân tán, nhỏ lẻ” (Ministry of Agriculture and Environment shall consider and issue decision approving zoning results of sites of scattered minerals) under Point b Clause 2 Article 17; the phrase “và thông báo cho tổ chức, cá nhân để nhận kết quả” (and inform organizations and individuals to receive processing results) after the phrase “Luật Địa chất và khoáng sản” (the Law on Geology and Minerals) under Clause 2 Article 21; the phrase “và thông báo cho tổ chức, cá nhân để nhận kết quả” (and inform organizations and individuals to receive processing results) after the phrase “có ý kiến chấp thuận bằng văn bản” (issue written approval) under Clause 2 Article 34; the phrase “(trong trường hợp cần thiết)” [(if necessary)] after the phrase “Gửi văn bản lấy ý kiến các cơ quan có liên quan” (send request for feedback to relevant agencies) under Point a Clause 3 Article 44.
2. Replace the phrase “cơ quan tiếp nhận hồ sơ của cơ quan quản lý nhà nước có thẩm quyền cấp giấy phép thăm dò khoáng sản” (receiving agencies of competent regulatory authorities entitled to issuance of mineral exploration license) under Clause 1 Article 31; the phrase “cơ quan quản lý nhà nước có thẩm quyền cấp giấy phép thăm dò khoáng sản” (competent regulatory authorities entitled to issuance of mineral exploration license) under Point a Clause 2 Article 42 and Point a Clause 2 Article 44; the phrase “cơ quan quản lý nhà nước có thẩm quyền cấp giấy phép khai thác khoáng sản” (competent regulatory authorities entitled to issuance of mineral production license) under Point a Clause 2 Article 67; the phrase “cơ quan quản lý nhà nước có thẩm quyền cấp giấy phép khai thác tận thu khoáng sản” (competent regulatory authorities entitled to issuance of mineral salvaging license) under Point a Clause 2 Article 84; the phrase “cơ quan tiếp nhận hồ sơ của cơ quan quản lý nhà nước có thẩm quyền cấp giấy xác nhận đăng ký thu hồi khoáng sản” (competent regulatory authorities entitled to issuance of verification of registration for mineral recovery) under Clause 2 Article 97 and Clause 1 Article 98; the phrase “cơ quan tiếp nhận hồ sơ của cơ quan quản lý nhà nước có thẩm quyền” (receiving agencies of competent regulatory authorities) under Point a Clause 2 Article 103, Point a Clause 3 Article 104, Clause 1 and Point a Clause 2 Article 105, and Point a Clause 2 Article 106; and the phrase “về cơ quan tiếp nhận hồ sơ” (to receiving agencies) under Clause 1 Article 106 with the phrase “cơ quan tiếp nhận hồ sơ quy định tại khoản 2 Điều 23 Nghị định này” (receiving agencies under Clause 2 Article 23 hereof).
3. Replace the phrase “Bộ Nông nghiệp và Môi trường” (Ministry of Agriculture and Environment) under Clause 3 Article 7; Point d, Point dd Clause 3 and Clause 5 Article 9; Point a Clause 1 and Point a Clause 2 Article 25; Clause 4 Article 34; Point c Clause 2 Article 38; Point dd Clause 1 Article 40; Clause 1 Article 43; Point a Clause 3 Article 44; Article 50; Point c Clause 1 Article 66; Point b Clause 3 Article 67; Clause 5 Article 70; Clause 3 Article 98; Point a Clause 2 Article 101; Clause 7 Article 106; Clause 1 Article 126; Clause 2 and Clause 3 Article 129; and Clause 2 Article 144 with the phrase “Bộ trưởng Bộ Nông nghiệp và Môi trường” (Minister of Agriculture and Environment).
4. Replace the phrase “của Bộ Nông nghiệp và Môi trường” (of Ministry of Agriculture and Environment) under Clause 1 Article 52, Clause 1 and Clause 2 Article 53, Point a Clause 2 Article 77, Clause 1 and Clause 3 Article 127 and the phrase “của Bộ” (of the Ministry) under Point a Clause 2 Article 47 with the phrase “của Bộ trưởng Bộ Nông nghiệp và Môi trường” (of the Minister of Agriculture and Environment); the phrase “thẩm quyền cấp giấy phép thăm dò, khai thác khoáng sản của Bộ Nông nghiệp và Môi trường” (Ministry of Agriculture and Environment is entitled to issuance of mineral production and exploration license) under Point a Clause 3 Article 144 with the phrase “thẩm quyền cấp giấy phép thăm dò, khai thác khoáng sản của Bộ trưởng Bộ Nông nghiệp và Môi trường” (Minister of Agriculture and Environment is entitled to issuance of mineral production and exploration license).
5. Replace the phrase “cơ quan quản lý nhà nước có thẩm quyền cấp giấy phép khai thác tận thu khoáng sản có trách nhiệm” (competent regulatory authorities entitled to issuance of mineral salvaging license have the responsibility to) under Clause 3 Article 80j and Clause 5 Article 81; the phrase “cơ quan quản lý nhà nước có thẩm quyền” (competent regulatory authorities) under Clause 5 Article 81, Point dd Clause 3 Article 84, Clause 5 Article 84; the phrase “cơ quan có thẩm quyền cấp phép” (competent licensing authorities) under Clause 4 Article 83; the phrase “cơ quan quản lý nhà nước có thẩm quyền cấp, gia hạn, điều chỉnh, trả lại giấy phép khai thác tận thu khoáng sản, chuyển nhượng quyền khai thác tận thu khoáng sản” (competent regulatory authorities entitled to issuance, renewal, re-issuance, amendment, receipt of waived mineral salvaging license, and mineral salvaging right transfer) under Clause 5 Article 84; the phrase “cơ quan có thẩm quyền cấp giấy phép khai thác tận thu khoáng sản thực hiện” (competent authorities entitled to issuance of mineral salvaging license shall) under Point b Clause 7 Article 84; and the phrase “Ủy ban nhân dân cấp tỉnh” (provincial People’s Committees) under Clause 2 Article 144 with the phrase “Chủ tịch Ủy ban nhân dân cấp tỉnh” (Chairpersons of provincial People’s Committees).
6. Replace the phrase “của mình” (their licensing authority) under Point b Clause 2 Article 47 with the phrase “của Chủ tịch Ủy ban nhân dân cấp tỉnh” (licensing authority of Chairpersons of provincial People’s Committees); the phrase “thẩm quyền cấp giấy phép thăm dò, khai thác khoáng sản của Ủy ban nhân dân cấp tỉnh” (provincial People’s Committees are entitled to issuance of mineral exploration and production license) under Point b Clause 3 Article 144 with the phrase “thẩm quyền cấp giấy phép thăm dò, khai thác khoáng sản của Chủ tịch Ủy ban nhân dân cấp tỉnh” (Chairpersons of provincial People’s Committees are entitled to issuance of mineral exploration and production license); the phrase “do Ủy ban nhân dân cấp tỉnh cấp” (issued by provincial People’s Committees) under Point a Clause 2 Article 77 with the phrase “do Chủ tịch Ủy ban nhân dân cấp tỉnh cấp” (issued by Chairpersons of provincial People’s Committees); the phrase “cho Ủy ban nhân dân cấp tỉnh” (to provincial People’s Committees) under Point a Clause 4 and Point a Clause 5 Article 89 with the phrase “cho Chủ tịch Ủy ban nhân dân cấp tỉnh” (to Chairpersons of provincial People’s Committees); the phrase “Ủy ban nhân dân cấp tỉnh quyết định” (provincial People’s Committees shall decide) under Clause 2 Article 127 with the phrase “Chủ tịch Ủy ban nhân dân cấp tỉnh quyết định” (Chairpersons of provincial People’s Committees shall decide).
7. Replace the phrase “cơ quan quản lý nhà nước có thẩm quyền quyết định xử phạt vi phạm hành chính” (competent regulatory authorities shall impose administrative penalties) under Point a Clause 2 Article 37; Point a Clause 2 Article 38; Clause 2 Article 39; Point b Clause 1 Article 62; Point b Clause 1 Article 80 with the phrase “người có thẩm quyền quyết định xử phạt vi phạm hành chính” (competent persons shall impose administrative penalties).
8. Replace the phrase “cơ quan có thẩm quyền” (competent authorities) under Clause 3 Article 69 and Clause 3 Article 144, the phrase “cơ quan nhà nước có thẩm quyền” (regulatory authorities) under Clause 2 Article 71 and Point a Clause 2 Article 86, and the phrase “cơ quan quản lý nhà nước có thẩm quyền” (competent regulatory authorities) under Point b Clause 3 Article 47 and Clause 1 Article 101 with the phrase “người có thẩm quyền” (competent persons).
9. Replace the phrase “cơ quan quản lý nhà nước có thẩm quyền” (competent regulatory authorities) under Clause 1 Article 11; Clause 2 Article 30; Point b Clause 1 Article 36; Clause 5 Article 37; Clause 4 and Clause 6 Article 38; Point b Clause 3 and Clause 6 Article 39; Point e Clause 3, Clause 4 and Clause 5 Article 42; Point c Clause 3, Clause 4, Clause 5 Article 44; Point b Clause 2 and Clauses 3, 4, and 5 Article 45; Clause 1 and Point d, Point dd Clause 2 Article 48; Point c Clause 6 Article 59; Clause 4 Article 62; Clause 3 Article 63; Clause 9 Article 64; Clauses 4, 5, 6 Article 67; Point b Clause 1 Article 68; Point a Clause 4 Article 69; Point d and Point dd Clause 2 Article 72; Point a Clause 1 Article 79; Point d and Point dd Clause 2 Article 87; Point a Clause 2 Article 94; Clause 4 Article 101; Clause 4 and Clause 6 Article 103; Clause 5 and Clause 6 Article 104; Clause 4 and Clause 6 Article 105; Clause 4 Article 130; Clause 1 Article 149 with the phrase “cơ quan nhà nước, người có thẩm quyền” (competent authorities and persons).
10. Replace the phrase “cơ quan nhà nước có thẩm quyền” (regulatory authorities) under Clause 2 Article 14; Clause 1 and Clause 2 Article 34; Point dd Clause 3 Article 67; Clause 4 Article 68; Point a Clause 2 Article 72; Point a Clause 2 Article 87 with the phrase “cơ quan nhà nước, người có thẩm quyền” (competent authorities and persons).
11. Replace the phrase “cơ quan có thẩm quyền” (competent authorities) under Clause 3 Article 40; Clause 6 Article 44; Clause 4 Article 50; Clause 4 Article 66; Clause 2 Article 68; Point d Clause 1 Article 89; Point d Clause 3 Article 103; Point d Clause 4 Article 104; Point b Clause 3 Article 105; Point d Clause 3 and Clause 4 Article 106; Clauses 5, 6 and 8 Article 126; Clause 1 and Clause 3 Article 130; Clause 1 and Point a Clause 3 Article 135; Clause 3 Article 137; Clause 2 Article 149; Clause 4 Article 153 with the phrase “cơ quan nhà nước, người có thẩm quyền” (competent authorities and persons).
12. Replace the phrase “cấp có thẩm quyền” (competent authorities) under Point c Clause 2 Article 27 and Point a Clause 3 Article 70 with the phrase “cơ quan nhà nước, người có thẩm quyền” (competent authorities and persons); the phrase “cơ quan quản lý nhà nước có thẩm quyền” (competent regulatory authorities) under Point b Clause 2 and Clause 3 Article 77 with the phrase “cơ quan có thẩm quyền” (competent authorities); the phrase “trình cơ quan quản lý nhà nước có thẩm quyền” (submit to competent regulatory authorities) under Clause 5 Article 31 with the phrase “trình cơ quan nhà nước, người có thẩm quyền” (submit to competent authorities and persons); the phrase “cơ quan quản lý nhà nước có thẩm quyền cấp giấy phép thăm dò khoáng sản” (competent regulatory authorities entitled to issuance of relevant mineral exploration license) under Point a Clause 2 Article 48 with the phrase “cơ quan nhà nước, người có thẩm quyền cấp giấy phép thăm dò khoáng sản” (competent authorities and persons entitled to issuance of mineral exploration license); the phrase “cơ quan quản lý nhà nước có thẩm quyền cấp giấy phép” (competent regulatory authorities entitled to license issuance) under Clause 6 Article 85 with the phrase “cơ quan quản lý nhà nước có thẩm quyền” (competent regulatory authorities).
13. Replace the phrase “cơ quan có thẩm quyền cấp giấy phép thăm dò khoáng sản” (competent authorities entitled to issuance of mineral exploration license) under Clause 2 Article 31; the phrase “cơ quan có thẩm quyền cấp phép” (competent authorities entitled to issuance of license) under Clause 3 Article 31; the phrase “cơ quan quản lý nhà nước có thẩm quyền cấp giấy phép thăm dò khoáng sản” (competent regulatory authorities entitled to issuance of mineral exploration license) under Clause 7 Article 31, Clause 4 Article 45 with the phrase “cơ quan quản lý nhà nước có thẩm quyền” (competent regulatory authorities).
14. Replace the phrase “Cục Địa chất và Khoáng sản Việt Nam” (Vietnam Department of Geology and Minerals ) under Point b Clause 2 and Clause 3 Article 9; Clause 1 Article 10; Clause 2 Article 18; Clause 2 Article 19; Point a Clause 2 Article 101; Point a Clause 2 Article 121; Clause 1 and Clause 3 Article 127; Clause 2 Article 144; Clause 1 Article 149 with the phrase “cơ quan chuyên môn thuộc Bộ Nông nghiệp và Môi trường” (field-specific authorities affiliated to the Ministry of Agriculture and Environment).
15. Replace the phrase “đơn vị sự nghiệp trực thuộc Cục Địa chất và Khoáng sản Việt Nam” (service providers affiliated to Vietnam Department of Geology and Minerals) under Clause 1 Article 126, the phrase “Trung tâm Thông tin, lưu trữ và Bảo tàng địa chất trực thuộc Cục Địa chất và Khoáng sản Việt Nam” (Center for Information, Archive, and Museum of Geology affiliated to Vietnam Department of Geology and Minerals) under Point a Clause 3 Article 118, the phrase “Trung tâm Thông tin, lưu trữ và Bảo tàng địa chất” (Center for Information, Archive, and Museum of Geology) under Point c Clause 2 Article 121 with the phrase “đơn vị sự nghiệp trực thuộc cơ quan chuyên môn thuộc Bộ Nông nghiệp và Môi trường” (service providers affiliated to field-specific authorities affiliated to the Ministry of Agriculture and Environment).
16. Replace the phrase “Sở Nông nghiệp và Môi trường” (Departments of Agriculture and Environment) under Clause 1 Article 12; Clause 5 Article 14, Point c Clause 1 Article 59, Point d Clause 4 Article 95, Point b Clause 2 Article 101, Point b Clause 2 Article 121, Clause 2 và Clause 3 Article 127, Clause 2 Article 144, Clause 1 Article 149; the phrase “Sở Nông nghiệp và Môi trường cấp tỉnh” (provincial Departments of Agriculture and Environment) under Clause 1 Article 10, Clause 4 Article 34, Clause 1 Article 126; the phrase “Sở Nông nghiệp và Môi trường tỉnh” (provincial Departments of Agriculture and Environment) under Clause 1 Article 13, Point d Clause 4 Article 95; with the phrase “cơ quan chuyên môn thuộc Ủy ban nhân dân cấp tỉnh” (field-specific authorities affiliated to provincial People’s Committees).
17. Replace the phrase “Chi cục Thuế khu vực” (local tax subdivisions) under Clause 1 Article 137 with the phrase “Thuế tỉnh (thành phố)” (tax authorities of provinces (cities)); the phrase “quy hoạch khoáng sản” (mineral planning) under Point a Clause 2 Article 17 and Clause 1, Clause 2 Article 33 with the phrase “quy hoạch khoáng sản, phương án quản lý về địa chất, khoáng sản” (mineral planning, geological and mineral management plans); the phrase “xuống sâu và mở rộng” (deep and expanding) under Clause 3 Article 143 with the phrase “xuống sâu, mở rộng” (deep, expanding); the phrase “điểm b” (Point b) under Point b Clause 2 Article 17 with the phrase “điểm a” (Point a); the phrase “Thuyết minh đề án” (Presentation of schemes) under Point b Clause 2 Article 9 with the phrase “Đề cương đề án” (Scheme outline); the phrase “lộ thiên hoặc hầm lò” (open-cast mining or underground mining) under Point d Clause 2 Article 110 with the phrase “lộ thiên, hầm lò hoặc phương pháp khai thác đặc biệt khác” (open-cast mining, underground mining, or other special mining methods); the phrase “tiếp nhận, thẩm định hồ sơ” (reception and inspection of application) under Clause 7 Article 126 with the phrase “thẩm định,” (inspection,); the phrase “phê duyệt” (to approve) under Clause 2 Article 6 with the phrase “phê duyệt, phê duyệt điều chỉnh” (approve, approve amendment to); the phrase “Tài nguyên, khối lượng” (Reserves and quantities) under Point c Clause 1 Article 145 and point b Clause 1 Article 148 with the phrase “Khối lượng” (Quantities).
18. Replace the phrase “trang thông tin điện tử” (websites) under Point a Clause 2 Article 9 and Clauses 2, 3 Article 31; the phrase “trang thông tin” (websites) under Point c Clause 3 Article 3, Clause 4 Article 17 with the phrase “cổng thông tin điện tử, trang thông tin điện tử” (web portal, websites).
19. Replace the phrase “trữ lượng” (reserves) with the phrase “trữ lượng, khối lượng” (reserves, quantities) under Clause 1 and Clause 2 Article 133; Point c Clause 4 Article 135; Point c Clause 1 Article 145; Point b Clause 1 Article 148.
20. Replace the phrase “10 ngày” (10 days) under Articles 17, 21, 31, 44, 48, 68, 72, 84, 90, 91, 92, 103, 105, 106, and 149 with the phrase “08 ngày làm việc” (8 working days).
21. Replace the phrase “15 ngày” (15 days) under Articles 12, 13, 34, 42, 44, 87, 89, 106, 144, 149, and Clause 3 Article 39 with the phrase “12 ngày làm việc” (12 working days).
22. Replace the phrase “20 ngày” (20 days) under Articles 44, 48, 67, 72, 84, 87, 93, 103, 104, 105, and 113 with the phrase “16 ngày làm việc” (16 working days).
23. Replace the phrase “25 ngày” (25 days) under Articles 42, 44, 50, 67, 103, and 104 with the phrase “21 ngày làm việc” (21 working days).
24. Replace the phrase “30 ngày” (30 days) under Articles 9, 17, 44, 45, 48, 50, 67, 68, 72, 93, 135, 137, 139, and 140 with the phrase “24 ngày làm việc” (24 working days).
25. Replace the phrase “bản sao y” (photocopies) with the phrase “bản sao hợp lệ” (legitimate copies) under Decree No. 193/2025/ND-CP dated July 2, 2025 of the Government.
26. Repeal the following: “Sau thời hạn đề nghị cho ý kiến, nếu cơ quan được lấy ý kiến không có văn bản trả lời được xem như đã đồng ý với kết quả khoanh định, khoanh định điều chỉnh.” (Where consulted authorities do not respond within the provided time limit, they shall be considered to have agreed by default) under Clause 2 Article 12; “Sau thời hạn đề nghị cho ý kiến, nếu cơ quan được lấy ý kiến không có văn bản trả lời được xem như đã đồng ý” (Where consulted agencies do not respond in writing within the aforementioned time limit, they shall be considered to have agreed by default) under Point b Claue 3 Article 42, Point a Clause 3 Article 44, Point b Clause 3 Article 67, Point b Clause 3 Article 84; “.Sau thời hạn quy định tại khoản này, cơ quan được lấy ý kiến không có văn bản trả lời được coi là đã đồng ý và phải chịu trách nhiệm về các nội dung có liên quan trong hồ sơ cấp giấy phép khai thác khoáng sản nhóm IV” (Where consulted agencies do not respond within the aforementioned time limit, they shall be considered to have agreed by default and held accountable for relevant details under application for group IV mineral production license) under Point b Clause 4 and Point b Clause 5 Article 89; “.Sau thời hạn quy định tại khoản này, cơ quan được lấy ý kiến không có văn bản trả lời được coi là đã đồng ý và phải chịu trách nhiệm về các nội dung có liên quan trong hồ sơ gia hạn giấy phép khai thác khoáng sản nhóm IV” (Where consulted agencies do not respond within the aforementioned time limit, they shall be considered to have agreed by default and held accountable for relevant details under application for renewal of group IV mineral production license) under Point b Clause 4 and Point b Clause 5 Article 90; “Sau thời hạn quy định tại khoản này, cơ quan được lấy ý kiến không có văn bản trả lời được coi là đã đồng ý và phải chịu trách nhiệm về các nội dung có liên quan trong hồ sơ điều chỉnh giấy phép khai thác khoáng sản nhóm IV” (Where consulted agencies do not respond within the aforementioned time limit, they shall be considered to have agreed by default and held accountable for relevant details under application for amendment to group IV mineral production license) under Point b Clause 5 Article 91; “Sau thời hạn này, cơ quan được lấy ý kiến không có văn bản trả lời được coi là đã đồng ý và phải chịu trách nhiệm về các nội dung có liên quan trong hồ sơ điều chỉnh giấy phép khai thác khoáng sản nhóm IV” (Where consulted agencies do not respond within the aforementioned time limit, they shall be considered to have agreed by default and held accountable for relevant details under application for amendment to group IV mineral production license) under Point b Clause 6 Article 91; “.Sau thời hạn quy định tại khoản này, cơ quan được lấy ý kiến không có văn bản trả lời được coi là đã đồng ý và phải chịu trách nhiệm về các nội dung có liên quan trong hồ sơ trả lại giấy phép khai thác khoáng sản nhóm IV” (Where consulted agencies do not respond within the aforementioned time limit, they shall be considered to have agreed by default and held accountable for relevant details under application for waiver of group IV mineral production license) under Point b Clause 3 Article 92; “.Sau thời hạn quy định tại điểm này, cơ quan được lấy ý kiến không có văn bản trả lời thì được coi như đã đồng ý với các nội dung của đề án đóng cửa mỏ khoáng sản” (Where consulted agencies fail to respond within the aforementioned time limit, consulted agencies shall be considered to have agreed with mine closure schemes by default) under Point a Clause 3 Article 103; “Sau thời hạn quy định tại điểm này, cơ quan được lấy ý kiến không có văn bản trả lời thì được coi như đã đồng ý với các nội dung điều chỉnh của đề án đóng cửa mỏ khoáng sản.” (Where consulted agencies fail to respond within the aforementioned time limit, consulted agencies shall be considered to have agreed with amendments to mine closure schemes by default) under Point a Clause 4 Article 104 “Sau thời hạn quy định tại điểm này, cơ quan được lấy ý kiến không có văn bản trả lời thì được coi như đã đồng ý với các nội dung của phương án đóng cửa mỏ khoáng sản.” (Where consulted agencies fail to respond within the aforementioned time limit, consulted agencies shall be considered to have agreed with mine closure plans by default) under Point a Clause 3 Article 105; “.Sau thời hạn quy định tại điểm này, cơ quan được lấy ý kiến không có văn bản trả lời thì được coi như đã đồng ý với kết quả thực hiện đóng cửa mỏ khoáng sản” (Where consulted agencies fail to provide feedback within the aforementioned time limit, they shall be considered to have agreed with mine closure results by default) Point b Clause 3 Article 106.
27. Repeal Clause 5 Article 14; Point b Clause 5 Article 39; Point c Clause 4 Article 81; Point b Clause 2 Article 94; Clause 5 Article 99; Clause 9 Article 143; Chapter X; Clause 7 Article 153.
Article 3. Amendment to Appendices attached to Decree No. 193/2025/ND-CP dated July 2, 2025 of the Government
1. Amend Part I and Part II of Appendix I:
“I. LIST OF GROUP I MINERALS
1. Metallic minerals: include metal or minerals, ores containing metal such as titanium, nickel, copper, cobalt, lead, zinc, gold, silver, chromium, manganese, tin, tungsten, antimony, molybdenum, mercury, palladium, lithium, silicate, sodium, barium, rubidium, cesium, uranium, thorium, radium, scandium, vanadium; bauxite, rare earth.
2. Type of energy mineral: coal (other than peat).
3. Precious, semi-precious stones (minerals existing in form of crystals, blocks, combination) including: diamond, emerald, ruby, sapphire, garnet, jadeite, lazurite, nephirte, opal, peridot, spinel, tektite, quartz, topaz, tourmaline, zircon, alexandrite, tanzanite, actinolite, andalusite, azurite, charoite, diopside, peridotite, fluorite, malachite, moonstone, obsidian, rutile, smithsonite, variscite, kassite, agate, jasper, petrified wood.
4. Industrial minerals: Apatite, graphite, pyrite, serpentine.
II. LIST OF GROUP II MINERALS
1. Minerals used in clinker or cement production: Limestone, clay.
2. Minerals used in cement production additives: Ferroalloys laterite, silicate rocks, basalt rocks, pozzolan.
3. Minerals used as stone slabs, handcraft: Rocks originating from magma, sedimentation, deformation.
4. Minerals used as tiles, artificial stone slabs, sanitary ware of ceramic, refractory materials: Kaolin, feldspar, fireclay, white clay, red clay, quartz (other than crystalline quartz), quartzite.
5. Minerals used in glass and construction glass manufacturing: White silica clay, golden sand, mould, limestone, dolomitic, feldspar.
6. Minerals used as calcined dolomitic lime: Limestone, dolomitic.
7. Industrial minerals: Granite used in production of calcium carbonate powder, flouride, bentonite, diatomite, talcum powder, mica, quartzite, sillimanite, sericite, vermiculite, magnesite.”.
2. Amend Appendix II:
“Appendix II
SCALE OF RESOURCES, RESERVES OF SCATTERED MINERALS BASED ON MINERAL GROUP/TYPE
(Attached to Decree No. 193/2025/ND-CP dated July 2, 2025 of the Government)
|
No. |
Type of mineral |
Unit |
Total estimated reserves |
|
1 |
Coal |
Thousand tonne |
< 500 |
|
2 |
Iron |
Thousand tonne of metal |
< 200 |
|
3 |
Manganese |
Thousand tonne of ore |
< 200 |
|
4 |
Chromite |
Thousand tonne of ore |
< 10 |
|
5 |
Molybdenum |
Tonne of metal |
< 100 |
|
6 |
Tungsten |
Tonne of metal |
< 50 |
|
7 |
Nickel |
Tonne of metal |
< 500 |
|
8 |
Antimony |
Tonne of metal |
< 200 |
|
9 |
Copper |
Tonne of metal |
< 4.500 |
|
10 |
Lead + zinc |
Tonne of metal |
< 9.000 |
|
11 |
Raw tin |
Tonne of metal |
< 450 |
|
12 |
Alluvial tin |
Tonne of cassiterite |
< 120 |
|
13 |
Bauxite sediment |
Thousand tonne of ore |
< 1.000 |
|
14 |
Titanium in raw ore |
Thousand tonne of ore |
< 20 |
|
15 |
Titanium in placer deposits |
Thousand tonne (total beneficial minerals) |
< 30 |
|
16 |
Raw gold |
Kg of metal |
< 300 |
|
17 |
Alluvial gold |
Kg of metal |
< 50 |
|
18 |
Apatite |
Thousand tonne of ore |
< 1.000 |
|
19 |
Serpentine |
Thousand tonne of ore |
< 1.000 |
|
20 |
Graphite |
Thousand tonne of ore |
< 10 |
|
21 |
Silicate |
Thousand tonne |
< 100 |
3. Amend Section 1 Part I Appendix III:
|
1 |
Sand, gravel, sediment of river bed, lakebed, alluvial plains, coastal areas; tile clay |
5 |
4. Add Part IV after Part III Appendix IV:
“IV. In case measurement units of reserves licensed for production and prices used for calculation of severance tax are not similar in terms of dimensions that have not been specified under this appendix, agencies that determine, settle mineral mineral production licensing fee shall determine conversion factors at their discretion to ensure that measurement units of reserves for mineral production licensing and prices used for calculation of severance tax are of the same dimensions.
Parameters used as the basis for determining conversion factors in reports on mineral exploration results must be recognized and approved by competent authorities, persons. Where reports on mineral exploration results are not available, relevant standards and technical regulations shall prevail.”.
5. Add Section 6 after Section 5 of Part II of Appendix V:
“6. In respect of mineral output the production of which has started and which information on licensing fee settlement that been declared and licensed reserved of which measurement units are not similar in terms of dimension which have not been specified under this appendix, agencies that determine, settle mineral production licensing fees shall determine conversion factors to convert fulfilled production output to licensed reserves.
Parameters used as the basis for determining conversion factors in reports on mineral exploration results must be recognized and approved by competent authorities, persons. Where reports on mineral exploration results are not available, relevant standards and technical regulations shall prevail.”.
1. This Decree comes into force from the date of signing.
2. Ministers, figureheads of ministerial agencies, figureheads of Governmental agencies, Chairpersons of provincial People’s Committees, relevant organizations and individuals are responsible for the implementation of this Decree.
3. Provincial People’s Committees, Chairpersons of provincial People’s Committees, within their tasks and powers, have the responsibility to assign, direct commune-level People’s Committees, Chairpersons of commune-level People’s Committees, and field-specific authorities to exercise responsibility to govern geology, minerals, responsibility to protect unextracted, unused geological resources, unextracted minerals, including minerals at waste dump of closed mine in their jurisdiction.
4. Decision, license, written approval issued by competent regulatory authorities before the effective date hereof shall conform to effective period on the decision, license, and written approval until expiry (unless replacement is required) and shall be equivalent to decision, license, written approval within issuing authority of competent persons under this Decree.
5. Repeal Chapter X of Decree No. 136/2025/ND-CP dated June 12, 2025 of the Government.
1. Organizations and individuals that have submitted application to regulatory authorities for administrative procedures pertaining to geology and minerals before the effective date hereof and have not received processing results may choose to adopt processing procedures and entitlement under regulations applicable on the date on which they apply or this Decree.
2. In respect of mineral production license issued before the effective date hereof and containing details regarding mineral processing, mineral use or consumption purposes that are not suitable with practical situations, competent authorities and persons shall amend mineral production license at request of license holders. Procedures for amending mineral production license shall be identical to those for amending production methods under Decree No. 193/2025/ND-CP amended in accordance with this Decree.
Application for amendment to mineral production license consists of:
a) Written application for amendment to mineral production license (original copies);
b) Mineral processing, use, and consumption methods and comparison with plans under previously issued license (original copies).
c) Equivalent documents in case issuance is incorporated with renewal or amendment to mineral production license.
3. Where organizations and individuals are employing weighing equipment to determine mineral production output in case of mineral production license issued before the effective date hereof and specifying production capacity in volume, the organizations and individuals may continue to use weighing equipment or replace with different measuring instruments.
4. Where mineral production license, written confirmation of registration for mineral recovery, written approval and permission for mineral production and mineral recovery is issued before the effective date of the Law on Geology and Minerals and where settlement of mineral production licensing fee has not been completed in accordance with Point d Clause 1 Article 139 of Decree No. 193/2025/ND-CP and where competent authorities and persons permit renewal, amendment, re-issuance, replacement of mineral production license, written confirmation of registration for mineral recovery, written approval, permission for for mineral production and recovery, transfer of mineral production right or mineral salvaging right, carry out settlement for the first time and re-approve mineral production licensing fee on the date on which renewal, amendment, re-issuance, replacement of mineral production license, written confirmation of registration for mineral recovery, written approval, permission for for mineral production and recovery, transfer of mineral production right or mineral salvaging right is implemented.
5. In respect of decision approving mineral production licensing fee, winning bid of mineral production right that is issued before the effective date of Decree No. 193/2025/ND-CP where mineral production license has not been issued, mineral production licensing fee shall be determined and approved in accordance with Decree No. 193/2025/ND-CP amended by this Decree.
6. In respect of mineral sites where auction for mineral production right is ongoing in which bids for mineral production right have been submitted, composition of bids for mineral production right shall conform to regulations applicable on the date on which bids are submitted.
7. In respect of mineral production license issued before the effective date hereof, where resource blocks are discovered in boundary of permissible production sites which must be relocated or excavated to facilitate construction of mine production structures according to approved mine design, mineral production license holders have the responsibilities to transport and consolidate the minerals at storage yards or depots in vicinity of mineral production projects. Where use of minerals is required:
a) Organizations and individuals shall send registration for mineral recovery to receiving agencies assigned by Chairpersons of provincial People’s Committees. Written registration consists of: Quantities, type of minerals excavated and relocated; relevant drawings; use purpose; progress and schedule of excavation, relocation operations;
b) Within 7 working days from the date on which field-specific authorities receive registration for mineral recovery of applicants, field-specific authorities affiliated with provincial People’s Committees have the responsibilities to review, arrange field inspection (if necessary), and request Chairpersons of provincial People’s Committees to review, decide to issue written confirmation of registration for mineral recovery;
c) Within 3 working days from the date on which Chairpersons of provincial People’s Committees receive written request of field-specific authorities affiliated to provincial People’s Committees, Chairpersons of provincial People’s Committees shall issue written confirmation of registration for mineral recovery. Where application for written confirmation of registration for mineral recovery is rejected, Chairpersons of provincial People’s Committees shall respond in writing and state reasons;
d) Within 1 working day from the date on which Chairpersons of provincial People’s Committees issue written confirmation of registration for mineral recovery, receiving agencies shall inform applicants to receive results and fulfill relevant obligations as per the law.
8. Application and procedures for registering for mineral recovery for cases under Clause 9 Article 4 of the Law No. 147/2025/QH15:
a) Organizations and individuals shall send registration for mineral recovery to receiving agencies assigned by Chairpersons of provincial People’s Committees. Registration for mineral recovery consists of: Quantities and type of minerals stored or consolidated at storage yards and depots; purpose of use; progress and time of use;
b) Procedures for registering for mineral recovery shall conform to Points b, c, and d Clause 7 of this Article.
9. Where mineral exploration results have been recognized and mineral production license has not been issued before the effective date hereof or where reports on results of additional exploration has been filed but mineral production license has not been issued or amended and where secondary minerals are defined to be group I or group II or group III minerals of which reserves are greater than secondary resource size, mineral reserves under Appendix VI hereof, secondary minerals shall be identified as primary minerals (except for cases under Clause 3 Article 148 of Decree No. 193/2025/ND-CP). Issuance and amendment to mineral production license shall be implemented as follows:
a) In respect of sites where mineral production right is not auctioned, issuance and amendment to mineral production license shall conform to Decree No. 193/2025/ND-CP amended in accordance with this Decree;
b) In respect of sites where mineral production right is auctioned, organizations and individuals shall apply for issuance and amendment to mineral production license concerning minerals put up for auction and secondary minerals identified as primary mineral. Rate of mineral production licensing fee in case of secondary minerals identified as primary minerals shall conform to Clause 2 Article 148 of Decree No. 193/2025/ND-CP amended in accordance with this Decree;
c) In respect of sites where mineral production right is auctioned, if organizations and individuals do not apply for issuance, amendment to mineral production license concerning secondary minerals identified to be primary minerals, issuance and amendment of mineral production license shall only apply to minerals put up for auction and secondary minerals (that do not exceed secondary resource size, mineral reserves under Appendix VI hereof) and production of secondary minerals that exceed secondary resource size, mineral reserves under Appendix VI attached hereto is not allowed;
d) Application and procedures for issuance, amendment to mineral production license for cases under Point b and Point c of this Clause shall conform to Decree No. 193/2025/ND-CP amended in accordance with this Decree.
10. In respect of mineral exploration license and group II mineral production license issued by the Ministry of Agriculture and Environment (formerly Ministry of Natural Resources and Environment) before the effective date hereof where licensed areas are located in 2 provincial administrative divisions or more, organizations and individuals shall adopt administrative procedures at administrative divisions where the majority of licensed areas is located (except for cases under Clause 1 Article 111 of the Law on Geology and Minerals where organizations and individuals choose to proceed with administrative procedures at the Ministry of Agriculture and Environment). Procedures and application for administrative procedures shall conform to Decree No. 193/2025/ND-CP amended in accordance with this Decree. Provincial People’s Committees of administrative divisions where organizations and individuals file administrative procedures have the responsibility to seek feedback of provincial People’s Committees of other administrative divisions in licensed exploration and production areas before Chairpersons of provincial People’s Committees decide on:
a) Recognition of exploration results regarding sites where mineral exploration is licensed;
b) Renewal, re-issuance, amendment, revocation of mineral exploration license, transfer of mineral exploration right regarding issued mineral exploration license;
c) Issuance, renewal, re-issuance, amendment, replacement, revocation of mineral exploration license, transfer of mineral production right concerning issued mineral production license.
|
ON BEHALF OF THE GOVERNMENT Tran Hong Ha |
