Decree No. 07/2009/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 160/2005/ND-CP of 27 December 2005, which details and guides the implementation of the Law on Minerals and the Law amending and supplementing a number of articles of the Law on Minerals

18 OFFICIAL GAZETTE Issue nos 04-05IFebruary 2009 (Gong Bee nos 111-112/Februaf}' 5,20(9) DECREES: Article 1. Toamend andsupplementa number of articles of the Government's Decree No. 160/ 2005/ND-CPof December27,2005,which details and guides the implementation of the Law on Minerals and the Law Amending and Supplememing a Number of Articles uf the Law on Minerals(belowreferredto as Decree No. 1601 2005/ND-CP), as follows: 1. To add Clause 2a to, and amend and supplement Clause 3 of, Article 3 as follows: "2aJTodetermine, approveand publicizeareas opened to bidding for mineral exploration or exploitation under Article 23 (amended and supplemented) of Decree No. 160/2005/ND-CP; Decree Ny. 0712009/ND-CPufJanuary 22, and to organizebidding under regulations. 2009, amending and supplementing a 3. To determine areas in which mineral number of articles of the Government's resources have been surveyedand assessed under Decree No. 160I200SIND-CP of December Clause 1, Article 9 of the Law on Minerals; to 27, 2005, which details and guides the supply the Ministry of Industryand Trade and the implementation of the Law on Minerals Ministry of Constructionwith mineral survey and and the Law Amending and assessment documents to serve mmeral Supplementing a Number ofArticles ofthe exploration, exploitation, processing and use Law on Minerals planning; to determine and submit to the Prime Minister for decision national mineral-resource THE GOVERNMENT reserve areas under Article 23a (amended and supplemented) of Decree No. 160/2005/ND-CP; Pursuont to the December 25, 2001 Law on to zone off areas where exist hazardous minerals Organization ofthe Government; underArticle 15ofthe Lawon Mineralsand notify concerned slate agencies thereof; and to organize Pursuant to the March 20, 1996 Law on Minerals and the June 14, 2005 Law Amending an inventory of approved mineral deposits nationwide." and Supplementing a Number of Articles of the Law on Minerals; 2. To amend and supplement Point b of At the proposal of the Minister o] Natural Clause 1, and Clouse 2, of A r-ticlc 4 as follows: Resources and Environment. "b/To collaboratewiththe Ministry of Natural © VIETNAM LAW & LEGAL FORUM Issue nos04-05/February 2009 OFFICIAL GAZETTE 19 (G6ng Bao nos 111-112/February 5, 2(09) Resources and Environment in determining areas "ci Identifying national mineral-resource opened to bidding for mineral exploration or reserve areas already decided by the Prime exploitation under Article 23 (amended and Minister; supplemented) of Decree No. 160/2005/ND-CP; f! Identifying areas where mining is banned or 2. The Ministry of Industry and Trade shall temporarily banned and areas opened to bidding promulgate a 1ist, conditions and criteria (or export for mineral exploration or exploitation already or restricted. export, of minerals, excluding those approved by competent authorities under used as construction materials or raw materials regulations; " for cement production; the Ministry of 5. To add Point d below to Clause 2 ofArticle Construction shall promulgate a list, conditions and criteria for export or restricted export, of 17: minerals used as construction materials or raw d! If applying for licenses to expkll.! minerals materials for cement production," for use as ordinary construction rnajerials for which exploration is not required under Clause 2, 3. To amend and supplement Points band Article 41 (amended and supplemented) of the g, Clause 1 of Article 6 as follows: Law on Minerals, apart from the conditions bi To assume the prime responsibility for, specified at Points a, band c of tl"W. Clause, and collaborate with the Ministries of Natural applicants must also satisfy the condition that lo- Resources and Environment; Industry and be-exploited products will be used only for Trade; Construction; Defense; Public Security; maintaining or repairing infrastructure works or Culture, Sports and Tourism; Agriculture and dikes." Rural Development; Transport; and Home 6. To amend and supplement Points d and f Affairs, and concerned ministries and branches in, Loning off and approving urCD..3 where mining of Clause 1, and Clause 2 of Article 20 as follows: is banned under Article 20 (amended and supplemented) ofDecree No. 160/20051ND-CP; "dJAreas within safety protection corridors or tn zone nff and submit to the Prime Minister for boundaries of transport infrastructure works, or approval areas where mining is temporarily within safety protection corridors of high-voltage banned under Article 21 of Decree No. 160/ grids, irrigation works, dikes or communication 2005/ND-CP; works; g/ To determine, approve and publicize areas ff Urban centers, trade zones, tourist zones or opened to bidding for mineral exploration or important infrastructure works; industrial parks, exploitation under Article 23 (amended and excluding areas under mineral processing projects. supplemented) of Decree No. 160/2005/ND-CP; 2. Provincial-level People's Committees shall and to organize bidding under regulations;" decide to approve areas where mining is banned 4. To amend and supplement Points e and f, after obtaining written >Igrf'f'tnf'nt, of cnl1C~mf'.rl Clause 3 of Article 12 as foUows: ministries and branches and notify in writing the © VIETNAM LAW & LEGAL FORUM

20 OFFICIAL GAZETTE Issue nos 04-05JFebruary 2009 (Gong Oao 005 111-112IFebrudry 5, 2009) Ministry of Natural Resources and Environment, to minerals fall ing within the licensing competence the Ministry of Industry and Trade and the Ministry under Point b, Clause J, Article 56 (amended and of Construction." supplemented) of the Law on Minerals and Clause 2, Article 26 (amended and supplemented) of 7. To amend and supplement Article 23 as Decree No. 160/2005/ND-CP-, follows: cl The Ministry of Natural Resources and "Article 23. Areas opened to bidding for Environment and provincial-level People's mineral exploration or exploitation Committees shall publicize areas opened to l. Areas opened to bidding for mineral bidding for mineral exploration or exploitation exploratierror exploitation include: after they are approved. af Areas in which natural resource potential 3. The Ministry of Natural Resources and has been surveyed and assessed with state budget Enviromnent shall assume the prime responsibility funds and which have natural resource prospects for, and collaborate with the Ministry of Finance, and are approved by competent authorities to be theMinistry of lndustry and Trade and the Ministry opened no, bidding for mineral exploration; of Construction in, specifying principles and tv' Mi nes which have been explored with state methods of val uating mineral resources as a basi s budget funds and are approved by competent for mineral exploitation bidding. authorities to be opened to bidding for mining. 4. The Ministry of Natural Resources and 2. Competence and responsibilities to Environment shall assume the prime responsibility determine, approve and publicize areas opened to for, and collaborate with the Mini stry ofPlanning bidding for mineral exploration or exploitation: and Investment, the Ministry of Finance, the Ministry of Industry and Trade and the Ministry aJ The Ministry of Natural Resources and of Construction in, submitting to the Prime Environrrent shall assume the prime responsibil ity Minisk:r for promulgation a Ro;:guldtion on bidding for, and collaborate with the Ministry of Industry for mineral exploration and exploitation." and Trade and the Ministry of Construction in, determining areas opened to bidding for mineral 8. To add Article 23a below: exploration or cxploitanon, except those falling "Article 23a. Areas with minerals to be within the approval competence ofprovincial-level reserved as national mineral resources People's Committees under Point g, Clause I, Article 6 (amended and supplemented) of Decree 1. Areas with minerals to be reserved as No. 16012005/ND-CP, and decide to approve these national mineral resources include: areas after obtaining written agreements of the aJ Areas in which mineral resource potential Ministry of Industry and Trade and the Ministry has been surveyed or assessed or for which to-be- of Construction; reserved mineral deposits have been explored or bI Provincial-level People's Committees shall approved for sustainable development; determine ami approve areas opened to bidding bl Areas with geological premises and mineral for mineral exploration or exp loitation with regard resource prospects in which mineral resource © VIETNAM LAW & LEGAL FORUM Issue nos04-0SlFebruary 2009 OFFICIAL GAZETTE 21 (Gong BaD nos 111-1121February 5,2009) potential has not yet been assessed or for which "Article 45. Responsibilities ofprovincial-level mineral deposits have neither been explored nor People's Committees for coordinated appraisal for approved. licensing mineral exploration, exploitation and 2. The Ministry of Natural Resources and processmg Environment shall assume the prirneresponsibility I. When areas where mining is banned or for, and collaborate with the Ministry of Industry temporarily banned have not yet been approved and Trade and the Ministry of Construction in, and notified under regulations. the Ministry of deterrnining and su brni uing to the PI iJII\; Minister Natural Resources and Environment shall, before for approval national mineral-resource reserve licensing mineral exploration, exploitation or areas. processing according to its competence, obtain 3. Mine/a! ~urvey, exploration and exploitation written opinions of provincial-level Peuplc '5 activities in national mineral-resource reserve Committees oflocalities where exist minerals, OJlly areas are subject to only the Prime Minister's on areas projected to be licensed for mineral approval." ex pl orari on, Mf'lI" for mWP.IT1 I p,xploitariwm or areas for building mineral processing plants related or 9. To amend and supplement Clause 2 of not related to areas where mining is banned or Article 26 as follows: temporarily banned. "2. The size of an area with mineral-resource 2. Provincial-level People's Committees shall potential assessment results approved by a assume the prime responsibility for, and competent state agency, which is not included in collaborate with concerned ministries and the national master plan on mineral exploration. branches in, inspecting and determining areas exploitation or processing or which does not projected to be licensed for mineral exploration, belong to a national mineral-resource reserve area areas for mineral exploitation or areas fm building will fall under provincial-level people' s mineral processing plants related or not related to Committees' competence to license mineral areas where mining is banned or temporarily exploitation or processing under Point b, Clause banned, and give a written reply to tire Ministry 1, Article 56 of the Law on Minerals." of Natural Resources and Environment witlLin thirty (30) days after receiving a written request 10. To amend and supplement Clause 2 of of the Ministry of Natural Resotrrces and Article 29 as follows: Environmcnt. "2. The rates of the fee for the exclusive right to mineral exploration are VND SO,OOO/haJyear 3. in special cases when minerals need to be in the first year, VND 80,OOOIha/year in the second explored or exploited in areas where mining is year, and VND lOO,OOO/ha/year in the third and banned or temporarily banned, state agencies wi th fourth years." licensing competence defined in Clause I, Article 56 of the La w on Mi nerals shall report such cases 11. To amend and suppleIDeot Article 45 as to the Prime Mirrister for consideration and follows: decision." © VIETNAM LAW & LEGAL FORUM

22 OFFICIAL GAZETTE Issue nes 04-05/Febryary 2009 (Gong Bao nos 111~ 1121FebnJary 5, 2(09) Article 2. To replace the phrase "Ministry of Industry" in Articles 4,6, 12,21,22,37,41 and 42 of Decree No. 160/2(x)5/ND-CPwith the phrase "Ministry of Industry and Trade", and the phrase "provincml-lcvcl Industry Services" in Clause 2. Article 6 of Decree No. 160/2005IND-CP with the phrase "provincial-level Industry and Trade Services", Article 3. This Decree takes effect 45 days from the date of its signing. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial-level People's Committees shall implement this Decree. On behalfofthe Government Prime Minister NGUYEN TAN DUNG VIETNAM LAW & LEGAL FORUM