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NATIONAL ASSEMBLY OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
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Law No. 147/2025/QH15 |
Hanoi, December 11, 2025 |
AMENDMENT TO THE LAW ON GEOLOGY AND MINERALS
Pursuant to the Constitution of the Socialist Republic of Vietnam amended by Resolution No. 203/2025/QH15;
The National Assembly promulgates the Law on amendment to the Law on Geology and Minerals No. 54/2024/QH15.
Article 1. Amendment to the Law on Geology and Minerals
1. Amend Clause 23 Article 2:
“23. Mineral production means operation for removing minerals from their natural deposit, including: fundamental construction of mines, site preparation, pumping, filtration, segregation, and other relevant operations in mining investment projects or mining solutions. Products of mineral production are raw minerals.”.
2. Amend Article 3:
a) Amend Clause 7:
“7. The Government encourages international cooperation and aid in governance and human resource training in geology and mineral; shares and uses geology and mineral data; invests in mineral survey and mineral production; encourages organizations and individuals to invest in research, transfer, application of advanced science and technology in management, protection, exploration, production, and recovery of minerals. The Government shall permit organizations and individuals to collect samples for research and test of mineral processing technology according regulations of the Government”;
b) Add Clause 9 after Clause 8:
“9. Surveying, assessment, exploration, and production of rare earth shall conform to regulations of the law in case of group I minerals and regulations under Chapter VIIa.”.
3. Amend Article 4:
a) Amend Point a and Point b Clause 2:
“a) Conform to strategies, planning, and plans related to mineral operations, with the exception of secondary minerals and cases detailed under Points dd, dd1, or dd2 of this Clause, Clause 1a Article 55, Point c Clause 2 Article 67, Point c Clause 2 Article 73, Point b Clause 1 Article 108 hereof; satisfy requirements pertaining to protection of environment, natural scenery, historical – cultural heritage, attractions, and other natural resources; ensure national defense, security, social order, safety, and natural disaster preparedness and remediation;
b) Obtain license or written approval issued by competent persons in accordance with this Law, except for cases under Point dd1 of this Clause;”;
b) Amend Point dd Clause 2:
“dd) Organizations and individuals currently engaged in lawful mineral production shall have privilege in consideration for deep and expanding exploration without going through auction for mineral production right in order to achieve adequate evaluation and total control of ore body in respect of mineral type that they have been licensed for production or geological and mineral management plans. Agencies that manage mineral planning, geological and mineral management plans have the responsibility to update information, data pertaining to sites of deep, expanding exploration in mineral planning, geological and mineral management plans at the next planning amendment period;”;
c) Add Point dd1 and Point dd2 after Point dd Clause 2:
“dd1) Production, recovery, and use of group III, group IV minerals for emergency response or emergency situation response according to regulations on emergencies, natural disaster preparedness and remediation, and disease prevention shall not warrant fulfillment of procedures for mineral exploration license, procedures for recognizing mineral exploration results, procedures for mineral production license, procedures for written confirmation of registration for mineral recovery;
dd2) Effective period of mineral exploration license, mineral production license that has been renewed, re-issued, amended shall be independent from period of approved mineral planning, provincial planning;”;
d) Amend Clause 3 as follows:
“3. The Government shall prescribe conditions, criteria for determining sites of deep, expanding exploration under Point dd Clause 2 of this Article; elaborate Point dd1 Clause 2 of this Article; prescribe application of principles of geological reconnaissance, geological survey for minerals, and mineral operations under Clause 1 and Clause 2 of this Article in case of rare earth.”.
4. Amend Point a and Point b Clause 1 Article 6:
“a) Group I minerals include: metal minerals, energy minerals; precious stones, semi-precious stones; industrial minerals that do not fall under group II minerals under Point b of this Clause;
b) Group II minerals include: minerals used as materials in construction industries serving production of cement, tiles, sanitary ceramics, construction glass, stone slabs, ornamental rocks, industrial limes, refractory materials; industrial mineral substances that can be used as construction materials according to regulations of the Government;”.
5. Amend Point c Clause 2 Article 20 as follows:
“c) The Minister of Agriculture and Environment shall approve list of schemes for geological survey for minerals where organizations and individuals are encouraged to participate in survey process;”.
6. Amend Clause 3 and Clause 4 Article 26:
“3. Where mineral exploration or production is required in sites where mineral operations are prohibited or temporarily suspended, competent persons entitled to license issuance under Article 108 hereof shall take charge and consult relevant Ministries and ministerial agencies before considering and approving.
4. Chairpersons of provincial People’s Committee shall arrange zoning, approval, and amendment to sites where mineral operations are prohibited and sites where mineral operations temporarily suspended.”.
7. Amend Clause 1 Article 27:
“1. Sites of scattered minerals are areas where group I minerals, only appropriate for small-scale production, and determined on the basis of:
a) Mineral potential evaluation results produced during mineral survey;
b) Mineral exploration results approved by competent authority;
c) Remaining mineral reserve of closed mines where resource scale and mineral reserves appropriate only for small-scale production.”.
8. Amend Clause 1 Article 29:
“1. The Minister of Agriculture and Environment shall arrange zoning and approval for sites of national mineral reservation under Article 28 hereof.”.
9. Amend Clause 2 Article 31:
“2. The Minister of Agriculture and Environment shall decide duration of mineral reservation, extend mineral reservation period for each site of national mineral reservation.”.
10. Amend Article 33:
a) Amend Point b Clause 1:
“b) Construction projects for technical infrastructures that serve national or public interest in accordance with land laws with stable and extended land use term or operating period longer than remaining reservation duration and are approved by the Minister of Agriculture and Environment to be executed at sites of national mineral reservation;”;
b) Amend Clause 7:
“7. Chairpersons of Provincial People’s Committees of administrative divisions where investment projects under Clause 2 of this Article are located shall consider issuance of written confirmation of registration for mineral recovery. In respect of minerals where the Minister of Agriculture and Environment is entitled to licensing, Chairpersons of provincial People’s Committees shall consider and issue written confirmation of registration for mineral recovery after the Ministry of Agriculture and Environment has issued written approval.”.
11. Amend Article 34:
“Article 34. Compensation for terminated investment projects at sites of national mineral reservation
1. Where the Minister of Agriculture and Environment decreases the area of sites of national mineral reservation or reservation duration of minerals serving national defense and security or key projects, projects of national importance in manner that causes partial or total expropriation of project land, project developers of projects at sites of national mineral reservation shall be eligible for compensation and assistance in accordance with land laws.
2. The Government shall not be responsible for compensating for project developers of projects at sites of national mineral reservation upon expiry of mineral reservation period according to decision of the Minister of Agriculture and Environment.”.
12. Amend Point d Clause 1 Article 41:
“d) At most 200 square kilometer (km2) for minerals in the ocean, other than group III minerals. In special cases where larger area is required, the Minister of Agriculture and Environment shall decide;”.
13. Amend Clause 1 Article 43:
a) Amend Point b and Point c:
“b) Mineral exploration license issued by the Minister of Agriculture and Environment shall be appropriate for group I mineral planning, except for cases under Point dd and Point dd2 Clause 2 Article 4, Point b Clause 1 Article 108 hereof;
c) Mineral exploration license issued by Chairpersons of provincial People’s Committees shall be appropriate for group II mineral planning or provincial planning, except for cases under Point dd and Point dd2 Clause 2 Article 4, Clause 1a Article 55 hereof;”;
b) Repeal Point h.
14. Amend Clause 1 Article 48:
“1. Organizations and individuals engaged in mineral exploration shall have privilege in applying for mineral production license in respect of resource, mineral reserves recognized by state authorities or competent persons for:
a) 36 months from the date on which group I, group II mineral exploration results are recognized;
b) 18 months from the date on which group III mineral exploration results are recognized.”.
15. Amend Clause 1 and Clause 2 Article 49:
“1. The Government shall use budget to arrange mineral exploration at sites with strategic, important minerals and minerals with high economic value, high demand.
2. The Minister of Agriculture and Environment shall decide on list of sites of mineral exploration under Clause 1 of this Article where they have licensing authority.”.
16. Add Clause 1a after Clause 1 Article 53:
“1a. Construction contractors, investors, project developers shall implement structures, projects under Points a, b, c, d, and dd Clause 1a Article 55 hereof.”.
17. Amend Article 55:
a) Amend Point b and Point c Clause 1:
“b) Mineral production license issued by the Minister of Agriculture and Environment shall be compliant with group I mineral planning, except for cases where compliance with strategies, planning, plan is not required according to Point a Clause 2 Article 4 of this Article;
c) Mineral production license issued by Chairpersons of provincial People’s Committees shall be complaint with group II mineral planning or provincial planning, except for cases where compliance with strategies, planning, plan is not required according to Point a Clause 2 Article 4 hereof;”;
b) Add Clause 1a, Clause 1b, and Clause 1c after Clause 1 as follows:
“1a. Issuance of group III mineral production license for group III minerals used as construction materials to organizations and individuals under Clause 1 and Clause 2 Article 53 hereof to ser the following structures and projects shall not be required to be compliant with geological and mineral management plans under Clause 2 Article 12 hereof:
a) Public investment projects in accordance with public investment laws;
b) Investment projects implemented in public-private partnerships method according to PPP investment laws;
c) Key structures, projects; structures and projects of national importance;
d) Socio-economic development structures, projects where local governments or competent persons are entitled to investment guideline approval or investment guideline decision according to investment, public investment, PPP investment laws and which have been permitted by Chairpersons of provincial People’s Committees to not comply with geological and mineral management plans;
dd) Emergency projects and structures according to construction laws; natural disaster preparedness and remediation projects and structures according to natural disaster preparedness and remediation laws.
1b. In respect of production of group III minerals used as construction materials of structures and projects under Points a, b, c, d, and dd Clause 1a of this Article, mineral production license shall be issued directly to organizations and individuals under Clause 1a Article 53 hereof. Where construction contractors, investors, and project developers do not apply for production license, production license shall be issued to other organizations and individuals that fulfill requirements under Clause 1 Article 53 hereof and produced minerals are only used as construction materials for structures and projects under Points a, b, c, d, and dd Clause 1a of this Article.
1c. Issuance of production license for group III minerals used as construction materials for structures and projects under Points a, b, c, d, and dd Clause 1a of this Article:
a) Procedures for requesting state authorities or competent persons to approve or decide investment guidelines according to investment laws, public investment laws, PPP investment laws are not required;
b) Procedures for inspecting and approving inspection results of environmental impact assessment report, issuing environment license, environment registration are not required. Dossiers on mineral production investment projects must include technical safety and environmental protection, deposit in environmental remediation and restoration deposit in mineral production.”.
18. Amend Article 56:
a) Amend Point b Clause 4:
“b) Where mineral production period has expired or has been renewed while mineral production period has expired before mineral reserves are exhausted at licensed production sites, re-issuance of mineral production license shall be implemented at request of organizations and individuals to which mineral production license has been previously issued except for cases under Clause 3 Article 87 hereof.”;
b) Add Clause 6 after Clause 5:
“6. The Government shall elaborate Clause 4 of this Article.”.
19. Amend Article 57:
a) Add Clause 1a after Clause 1:
“1a. Procedures for requesting state authorities or competent persons to approve or decide on amendment to investment guidelines, inspect and approve environment impact assessment report and procedures for issuing environment license, environment registration shall not be mandatory in respect of renewal (if reserves according to license have not been exhausted) or increase of production capacity (without increasing licensed reserves) for valid production license for group III minerals used as construction materials for use in structures and projects under Points a, b, c, d, and dd Clause 1a Article 55 hereof. Mineral production license holders have the responsibility to develop projects with increased production capacity and fulfill requirements pertaining to technical safety, environmental protection, deposit for environment remediation and restoration in mineral production.”;
b) Amend Clause 2:
“2. The Government shall elaborate Clause 1 and Clause 1a of this Article; regulate cases of renewal, re-issuance, revision, and waiver of mineral production license; prescribe inspecting agencies; prescribe application and procedures for issuance, re-issuance, extension, revision, and waiver of mineral production license.”.
20. Add Point dd after Point d Clause 2 Article 67:
“dd) Mineral exploration is not required at sites of mineral salvaging.”.
21. Amend Clause 2 Article 72:
“2. Organizations approved or selected by state authorities or competent persons as construction contractors, investors, project developers for structure and projects under Points a, b, c, d, and dd Clause 1a Article 55 hereof. Where construction contractors, investors, and project developers do not apply for production license, production license shall be issued to other organizations and individuals that fulfill requirements under Clause 1 Article 53 hereof and produced minerals are only used as construction materials for structures and projects under Points a, b, c, d, and dd Clause 1a of this Article.”.
22. Amend Article 73:
a) Amend Point d Clause 2:
“d) In case of production of group IV minerals for projects and structures under Points a, b, c, d, and dd Clause 1a Article 55 hereof, procedures for requesting state authorities or competent persons to approve or decide on investment guidelines according to investment laws, public investment laws, PPP investment laws; procedures for inspecting and approving environmental impact assessment report, issuing environment license, environment registration shall not be mandatory as long as group IV mineral production plans are developed then submitted to competent persons for consideration and issuance of mineral production license as per this Law. Group IV mineral production license must depict details pertaining to technical safety, environmental protection, deposit for environment remediation and restoration in mineral production.”;
b) Add Clause 2a after Clause 2:
“2a. Organizations and individuals engaged in group IV mineral exploration, general survey and assessment pertaining to group IV minerals shall exercise their privilege to submit application for group IV mineral production license as follows:
a) Within 18 months from the date on which mineral exploration results are recognized (for areas where exploration has been conducted) or results of general survey and assessment pertaining to minerals to be produced have been verified (for areas where exploration has not been conducted), except for cases under Point b and Point c of this Clause;
b) 45 days from the date on which time limit for general survey and assessment pertaining to minerals to be produced expires in case of production of group IV for use in structures and projects under Points a, b, c, d, and dd Clause 1a Article 55 hereof;
c) Where organizations and individuals fail to submit adequate application for group IV mineral production license within the time limits under Points a and b of this Clause, they shall lose privilege in application for group IV mineral production license except for force majeure or changes in Government policies that lead to inability to implement. Where competent persons issue group IV mineral production license to other organizations and individuals in accordance with this Law, licensed organizations and individuals shall reimburse organizations and individuals that previously conduct mineral exploration for mineral exploration expenditure in accordance with this Law (if any).”;
c) Amend Clause 5 and Clause 6:
“5. The Government shall elaborate group IV mineral production plan, handling of excess minerals according to Point d Clause 2 of this Article; elaborate Point c Clause 2a of this Article.
6. The Minister of Agriculture and Environment shall elaborate Point a Clause 1 and Point h Clause 4 of this Article.”.
23. Amend Article 75:
a) Amend Point b and Point c Clause 1:
“b) Project developers and investors incorporate mineral recovery at construction sites of work items of decided, approved, accepted investment projects as per the law, including minerals in sites where mineral operations are prohibited, sites where mineral operations are temporarily suspended, and sites of national mineral reservation. Where project developers and investors do not wish to recover minerals, written confirmation of registration for mineral recovery shall be issued to construction contractors commencing work items of investment projects on the basis of approval of project developers and investors;
c) Project developers and investors shall commence excavation operation together with product recovery for minerals in port waters, fishing ports, asylum harbors, inland waterway, rivers, lakes, other waters and wetlands according to decided, approved, accepted projects and plans as per the law. Where project developers and investors do not wish to recovery minerals, written confirmation of registration for mineral recovery shall be issued to construction contractors in charge of excavation operation on the basis of approval of project developers and investors;”;
b) Amend Clause 5:
“5. Organizations and individuals conducting mineral recovery must register recovery operation with competent mineral authorities except for cases detailed under Point a Clause 4 of this Article.”.
24. Add Chapter VIIa after Chapter VII:
“Chapter VIIa
GOVERNANCE OF GEOLOGY AND MINERAL IN CASE OF RARE EARTH
Article 85a. General policies of the Government relating to rare earth
1. Rare earths are special strategic minerals. Investigation, assessment, exploration, production, processing, and use of rare earth must conform to national strategy for rare earth and rare earth planning. Rare earth must be protected, produced, and used reasonably, effectively, efficiently in service of sustainable socio-economic development, national defense and security assurance.
2. The Government shall prioritize and arrange geological survey, assessment, and exploration for rare earth.
3. Exploration, production, and processing of rare earth must be closely controlled; raw rare earth must not be exported; only enterprises and organizations designated or permitted by the Government are allowed to commence rare earth exploration, production, processing, and use. Deep processing of rare earth must be associated with development of modern industrial ecosystem in order to improve domestic value chain, ensure independence in implementation of national strategy for rare earth.
4. Geology and mineral data pertaining to rare earth shall be developed in a uniform manner, under centralized management, and put into effective use.
5. The Government shall encourage international cooperation in research, transfer, and development of rare earth production, refining, segregation, and deep processing in service of development of domestic rare earth industry; provide assistance in training high quality personnel, satisfy expertise, technical, and technology requirements in rare earth geological survey, assessment, exploration, production, deep processing, application, and management.
6. The Government shall develop policies on reservation and protection of rare earth, regulate export, import of rare earth from time to time depending on goals of sustainable socio-economic development and resource security.
7. The Government shall elaborate this Article.
Article 85b. Rare earth planning, National strategy on rare earths
1. Rare earth planning is a part of group I mineral planning. Development, approval, amendment to rare earth planning shall be implemented in a manner compliant with this Law and planning laws.
2. The Ministry of Agriculture and Environment shall take charge, cooperate with relevant ministries and provincial People’s Committees in development in developing, requesting the Prime Minister to approve national strategy for rare earth.
3. The Government shall elaborate this Article.
Article 85c. Rare earth mineral reservation and protection
1. Sites of rare earth reservation are areas containing unextracted rare earth, requiring protection, and determined by geological survey for minerals and rare earth exploration results.
2. The Government shall elaborate this Article.
Article 85d. Rare earth exploration and production
1. The Ministry of Agriculture and Environment shall arrange mineral exploration at sites with rare earth presence using state budget.
2. The Minister of Agriculture and Environment shall issue rare earth exploration license after obtaining approval from the Prime Minister except for cases under Clause 1 of this Article.
3. The Minister of Agriculture and Environment shall issue rare earth production license after obtaining approval from the Prime Minister.
4. The Government shall elaborate this Article.”.
25. Amend Point b and Point c Clause 1 Article 96:
“b) Cases where provincial People’s Committees invest in mineral potential evaluation, mineral exploration for group III minerals used as regular construction materials for auction for mineral production right;
c) Cases where production of group II minerals, natural mineral water, natural geothermal springs is conducted.”.
26. Amend Clauses 2, 3, and 4 Article 100:
“2. Sites where mineral production right is not auctioned shall be zoned where:
a) Such operation ensure energy security, national defense and security, effective use of strategic, important minerals;
b) Such operation guarantees materials for structures and projects under Points a, b, c, d, and dd Clause 1a Article 55 hereof;
c) 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 are located; site of minerals defined in mineral planning or provincial planning as materials for active mineral processing plants as per the law are located;
d) Mineral exploration results have been recognized and eligibility for mineral production license has been met according to this Law;
dd) Mineral exploration license, mineral production license has been issued and eligibility for renewal, re-issuance, amendment, replacement of mineral exploration license, mineral production license as been met according to this Law;
e) Cases under Point dd Clause 2 Article 4 hereof apply.
3. The Minister of Agriculture and Environment shall arrange zoning, approval, adjustment to sites with mineral production right is not auctioned where they are entitled to licensing.
4. Chairpersons of provincial People’s Committees shall arrange zoning, approval, adjustment to sites where mineral production right is auctioned where they are entitled to licensing.”.
27. Amend Article 104:
a) Amend Point a and Point b Clause 2:
“a) Where mineral production right is awarded via auction for sites where mineral exploration results are not available, within 12 months for group I, group II minerals and 9 months for group III minerals from the date on which auction for mineral production ends, application for mineral exploration license must be submitted to competent regulatory authorities unless awarded mineral production right applies to mineral salvaging sites, group IV mineral production sites;
b) Where awarded mineral production right applies to sites with mineral exploration results or mineral salvaging sites or group IV mineral production sites, within 36 months for group I, group II minerals and 18 months for group III, group IV minerals from the date on which auction for mineral production right ends, application for mineral production license and mineral salvaging license must be submitted to competent regulatory authorities. In case of force majeure or changes to Government policies that makes implementation impossible, renewal shall be implemented;”;
b) Add Clause 3 after Clause 2:
“3. The Government shall elaborate this Article.”.
28. Amend Clause 2 Article 107:
a) Amend Point b and Point c:
“ b) zone and announce sites of scattered minerals; zone and approve sites of national mineral reservation and list of strategic, important minerals;
c) organize and coordinate inspection, examination in geology and minerals on a nationwide scale; handle complaints and denunciations pertaining to geology and minerals; take actions against violations of the law pertaining to geology and mineral as per the law;”;
b) Add Point d1 after Point d Clause 2:
“d1) Promulgate standards, regulations, technical regulations, technical – economic norms, and regulations on geology and minerals.”.
29. Amend Clauses 1, 2, and 3 Article 108:
“1. The Minister of Agriculture and Environment shall issue:
a) Mineral exploration license, group I mineral production license;
b) Mineral exploration license, mineral production license at sea waters outside of administrative boundaries at sea of provinces and cities; sea waters with undefined administrative borders at sea of provinces and cities.
2. With the exception of Clause 1 of this Article, Chairpersons of provincial People’s Committees shall issue:
a) Group II, group III mineral exploration license, group II, group III mineral production license; group IV mineral production license;
b) Group I mineral exploration license at sites with scattered minerals zoned and declared by the Minister of Agriculture and Environment; group I mineral production license at sites with scattered minerals zoned and declared by the Minister of Agriculture and Environment;
c) Mineral salvaging license.
3. Competent persons entitled to licensing under Clause 1 and Clause 2 of this Article have the right to re-issue, renew, amend, revoke, receive waived license, replace license, and accept transfer of mineral exploration right, mineral production right corresponding to the license, including license issued by other agencies before the effective date hereof, except for cases under Point b Clause 2 Article 111 hereof where organizations and individuals choose procedures and entitlement to licensing under regulations applicable on the date on which they submit application or cases under Clause 4 of this Article.”.
30. Replace the phrase “Bộ Tài nguyên và Môi trường” (Ministry of Natural Resources and Environment) with the phrase “Bộ Nông nghiệp và Môi trường” (Ministry of Agriculture and Environment) under Clause 4 Article 10, Point c Clause 2 and Clause 3 Article 14, Point d Clause 2 and Clause 3 Article 20, Clause 5 and Clause 6 Article 33, Clause 4 Article 42, Clause 6 Article 44, Clause 3 Article 45, Clause 6 Article 47, Clause 6 Article 50, Clause 3 Article 57, Clause 4 Article 59, Clause 2 Article 63, Clause 6 Article 64, Clause 3 Article 69, Point g Clause 2 and Clause 4 Article 70, Clause 3 Article 74, Point c Clause 2 Article 76, Clause 5 Article 82, Point b Clause 2 Article 88, Clause 4 Article 89, Clause 5 Article 90, Clause 2 Article 93, Clause 5 Article 96, Clause 2 and Clause 3 Article 107.
31. Replace the phrase “Bộ Tài nguyên và Môi trường” (Ministry of Natural Resources and Environment) with the phrase “Bộ trưởng Bộ Nông nghiệp và Môi trường” (Minister of Agriculture and Environment) under Clause 1 Article 51, Point a Clause 2 Article 84, Point a Clause 1 Article 96, Clause 2 Article 101, Clause 1 Article 106 and Clause 4 Article 108.
32. Replace the phrase “Bộ Kế hoạch và Đầu tư” (Ministry of Planning and Investment) with the phrase “Bộ Tài chính” (Ministry of Finance) under Clause 4 Article 10.
33. Replace the phrase “Ủy ban nhân dân” (People’s Committees) with the phrase “Chủ tịch Ủy ban nhân dân” (Chairpersons of People’s Committees) under Clause 6 and Clause 8 Article 33, Clause 3 Article 49, Clause 2 Article 51, Point b Clause 2 Article 84, Clause 2 Article 101, Clause 1 Article 106, Clause 4 Article 108 and Clause 8 Article 111.
34. Replace the phrase “Ủy ban nhân dân” (People’s Committees) with the phrase “Ủy ban nhân dân, Chủ tịch Ủy ban nhân dân” (People’s Committees, Chairpersons of People’s Committees) under Clause 4 Article 107.
35. Repeal Clause 1 Article 109.
Article 2. Amendment to the Law on Land No. 31/2024/QH15 amended by the Law No. 43/2024/QH15, Law No. 47/2024/QH15, Law No. 58/2024/QH15, Law No. 71/2025/QH15, Law No. 84/2025/QH15, Law No. 93/2025/QH15, Law No. 95/2025/QH15, Law No. 116/2025/QH15, Law No. 130/2025/QH15, and Law No. 146/2025/QH15
1. Add Clause 4 after Clause 3 Article 205:
“4. The use of land for exploration and production of group III minerals for use as construction materials, group IV minerals for construction of structures and projects under Points a, b, c, d, and dd Clause 1 a Article 55 of the Law on Geology and Minerals No. 54/2024/QH15 amended in accordance with the Law No. 147/2025/QH15:
a) project developers have the right to rent land use right according to land laws for land of production forest that are cultivated forests except for land for national defense, security in order to commence group III mineral exploration and production for use as construction materials, production of group IV minerals without applying for land repurposing;
b) Sublet of land use right under this Clause shall conform to regulations of the law on land, civil laws, and other relevant law provisions;
c) Exploration and production of group III minerals used as construction materials and production of group IV minerals according to this Clause must comply with Clause 2 of this Article and must not otherwise alter conditions necessary for intended land use purposes for which the government assigns land or leases land.”.
2. Amend Point g Clause 1 Article 218:
“g) Land under Clause 2 and Clause 3 Article 9 hereof shall be used for agriculture combined with construction of post, telecommunication, technology, infrastructure, outdoor advertising, solar power infrastructures, exploration and production of group III minerals for use as construction materials, production of group IV minerals according to Clause 4 Article 205 hereof.”.
This Law comes into force from January 1, 2026.
1. Organizations and individuals that have submitted application to competent regulatory authorities in accordance with 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 submit application or this Law.
2. All receipt and handling of new applications that take place after the effective date hereof shall respect entitlement under this Law. Where organizations and individuals that have submitted application which have been received by competent regulatory authorities before the effective date hereof and entitlement to governance is changed, competent authorities that have received the application shall process the application until completion unless Clause 1 of this Article applies.
3. Organizations and individuals to which license and decisions pertaining to mineral operations are issued before the effective date hereof, including mineral production license issued in accordance with Resolution No. 66.4/2025/NQ-CP:
a) shall continue to conform to remaining effective period of license and decision regarding mining operations except for Point b and Point c of this Clause;
b) conform to the Law on Geology and Minerals No. 54/2024/QH15 amended by this Law except for Clause 7 and Clause 8 of this Article in case of renewal, re-issuance, amendment, waiver of license, decision in mineral operation; transfer of mineral exploration, production right; approval of mine closure schemes; mine closure;
c) apply for mineral production license replacement in accordance with the Law on Geology and Minerals No. 54/2024/QH15 within 36 months from the effective date hereof in case of mineral production license issued before the effective date hereof of which contents do not conform to Clause 2 Article 56 of the Law on Geology and Minerals No. 54/2024/QH15. Organizations and individuals shall temporarily suspend production process after the aforementioned time limit expires until state authorities or competent persons replace mineral production license.
4. In respect of violations that warrant revocation of mineral exploration license or mineral production license or mineral salvaging license according to the Law on Minerals No. 60/2010/QH12 where competent authorities are reviewing for resolution, the Law on Geology and Minerals No. 54/2024/QH15 can be adopted for resolution except for cases under Point a Clause 1 Article 52, Point a Clause 1 Article 66, and Point a Clause 1 Article 71 of the Law on Geology and Minerals No. 54/2024/QH15.
5. In respect of mineral exploration license and mineral production license for minerals used as regular construction materials issued before July 1, 2025 where provincial People’s Committees are entitled to licensing and where criteria for sites where mineral production right is not auctioned are not met, exploration process and recognition of reports on mineral exploration and production results are permitted if all conditions below are met:
a) Produced minerals are provided for structures and projects under Points a, b, c, d, and dd Clause 1a Article 55 of the Law on Geology and Minerals No. 54/2024/QH15 amended in accordance with this Law;
b) Compliance with provincial planning is required;
c) Violations of organizations and individuals shall still be tried and met with penalties as per the law.
6. In respect of mineral sites that have been defined as sources of materials for investment projects for processing or using minerals where competent regulatory authorities have approved or decided investment guidelines according to investment laws, public investment laws, PPP investment laws before the effective date hereof, issuance of mineral exploration license and mineral production license shall conform to the Law on Geology and Minerals No. 54/2024/QH15 amended by this Law and auction for mineral production right is not required.
7. In respect of mineral production license issued before the effective date of Law on Geology and Minerals No. 54/2024/QH15, the re-issuance of mineral production license shall be carried out without arranging auction of mineral production right for the same organizations and individuals where requirements below are met:
a) Existing mineral production license is compliant with mineral planning and provincial planning that is applicable on the date on which the license is issued and expired after July 1, 2011;
b) Mineral reserves at mineral production sites have not been exhausted as of the date on which application for mineral production license re-issuance is submitted, no other organizations and individuals have been licensed to carry out production at mineral sites; or mineral sites have not been included in auction plans for mineral production right;
c) Organizations and individuals who have fulfilled financial obligations relating to previous mineral production license and have not violated any obligation according to mineral laws to an extent where they are met with criminal prosecution;
d) Organizations and individuals must satisfy conditions according to the Law on Geology and Minerals No. 54/2024/QH15 amended in accordance with this Law;
dd) Effective period of mineral production shall be compliant with Point b Clause 4 Article 56 of the Law on Geology and Minerals No. 54/2024/QH15 amended in accordance with this Law and shall not be longer than 10 years for license to produce river bed, lakebed sand and gravel;
e) Application, procedures, and entitlement for re-issuance of mineral production license shall conform to the Law on Geology and Minerals No. 54/2024/QH15 amended in accordance with this Law.
8. In respect of organizations and individuals that have submitted application for renewal of license to produce river bed, lakebed sand and gravel before the effective date of the Law on Geology and Minerals No. 54/2024/QH15 to competent regulatory authorities but have not received administrative procedure results, Chairpersons of provincial People’s Committees shall consider renewal of mineral production license if application for renewal is adequate according to regulations applicable on the date on which application is submitted. Renewed period shall not be greater than 10 years.
Procedures and entitlement to renewal shall conform to the Law on Geology and Minerals No. 54/2024/QH15 amended in accordance with this Law.
9. In respect of minerals produced or recovered within area of mineral production projects according to mineral production license and currently stored or held at storage units and storage yards where competent regulatory authorities have not permitted recovery or use, Chairpersons of provincial People’s Committees shall consider and issue written confirmation of registration for mineral recovery according to the Law on Geology and Minerals No. 54/2024/QH15 amended in accordance with this Law.
Applicants for mineral recovery must satisfy eligibility and must not violate obligations according to mineral laws to an extent where they are met with criminal prosecution.
10. If organizations and individuals have been awarded mineral production right via auction at mineral sites where mineral exploration results are not available and where competent regulatory authorities have approved mineral reserves before July 1, 2025, duration of privilege in application for mineral production license shall start from the effective date hereof.
This Law is approved by the 15th National Assembly of the Socialist Republic of Vietnam in the 10th meeting on December 11, 2025.
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CHAIRPERSON OF NATIONAL ASSEMBLY Tran Thanh Man |
