Decree No. 15/2012/ND-CP detailing a number of articles of the Mineral Law

Section 2. 2. Within to working days from the date of APPRAISAL AND APPROVAL OF receipt of the explanation report referred to in MINERAL DEPOSIT Clause I of this Article. the provincial-level Natural Resources and Environment A rticle 20. Organiza tion and operal ion of Department or the General Department of the National Council for Assessment of Mineral Geology and Minerals shall, according to its Deposits competence, examine the dossier .md related documents, even conduct physical examination I. The National Counci I for Assessment of when necessary, before reporting the change in Mineral Deposits referred to at Point a, Clause the exploration method or volume to the 1, Article 49 of the Mineral Law is composed competent licen si ng state agency for of the Minister of Natural Resources and consideration and approval. In case of Environment as chairman, a Deputy Minister disapproval, a written reply clearly stating the ofNatural Resources and Environment as vice reason shall be issued. chairman and members decided by the Prime Minister at the proposal of the Minister of Article 19. Field survey, taking of samples Natural Resources and Environment and related on the ground surface to select areas for ministries and sectors. formulation of mineral exploration schemes Members of the National Counci I for 1. An organization or individual wishing to Assessment of Mineral Deposits shall work on conduct field surveys to collect samples on the a part-time basis and according to the counci ls ground surface for selccting an area for opel at ion regulutiulJ issued by the counci I formulation of a mineral exploration scheme chairman. shall send a document cnc losed with the survey 2. Till' National Cuunci I 1'01' Assessment or and sample taking program or plan to the Mineral Deposits has its assisting office based provincial-level People's Committee of the at the Ministry of Natural Resources and locality where nuncral exploration is expected Environment. The organization and operation to be carried out. of the council's office shall be stipulated hy the 2. Within lO days after recc i vmg an council chairman. Issue nos 10·12lMarch 2012 17 (Gong BtlO IIOS 265-266/March /9,2(12) 3. The National Council for Assessment of technical advisory council composed of Mineral Deposits has the tasks of appraising and representatives of related state management approving deposits stared in mineral exploration azencies and mineral exploration spr-cialixts to result reports under the licensing competence appraise mineral exploration result reports of the Ministry of Natural Resources and before submission for approval of mineral Environment. deposits falling within their licensing competence. The contents of appr ai sal of mineral exploration result reports and approval of Article 22. Contents of appraisal of mineral mineral deposits stated therein comply with exploration result reports and approval of Article 22 uf tllis Decree. mineral deposits stated therein Article 21. Appraisal and approval of I. Contents of appraisal of a mineral mineral deposits falling within the licensing exploration result report include: competence of provincial-level People's Committees al Legal bases and grounds for report making. 1. Provincial-level People's Committees bl The result of performance of exploration shall appraise mineral exploration result reports jobs; explanations about data used to calculate and approve mineral deposits stated therein the mineral deposit; method of linking and falling under their licensing competence defined calculating the mineral deposit, with in Clause 2, Article 82 of the Mineral Law. The comparisons to the appraised mineral contents of appraisal of mineral exploration exploration scheme and contents of the mineral result reports and approval of mineral deposits exp loration license. stated therein comply with Article 22 of this Decree. e/ Reliability of the deposit, concentration and quality of the primary mineral and 2. Provincial-level Natural Resources and accompanying useful minerals. Environment Departments shall assume the d/ Reliability of geological and hydrological prime responsibility for, and coordinate with conditions and the work's geological conditions related state management agencies in, related to the mineral exploration feasibility appraising exploration result reports, and submit study. to provincial-level People's Committees for approval mineral deposits stated in mineral 2. Contents of approval of the deposit stated exploration result reports referred to in Clause in the mineral exploration result report: I of this Article. a/ Name of the mineral and administrative 3. In case of necessity, provincial-level location of the mineral exploration area. People's Committees may decide to establish a b/ The geological deposit of the primary 18 Issue nos 1O-12/M3 ITh 2012 (Gong 8(101105 265-266/March /9. 20/2) mineral: geological deposits of all 4. The mining capacity docs not exceed accompanying minerals (if any). 3,000 cubic meter of products being primary c/ Scope uf use uf the exploration result mineral/year. report. Article 24. Transfer of the mineral mining

Section 3 right MINERAL MINING CLOSURE OF 1. Conditions for transfer of the mineral MINERAL MINES mining fight: aI The transferee satisfies all the conditions Ar rlcte 23. Conditions on business specified in Clause I. Article 51 and Clause 2, households licensed to mine minerals for usc Article 53 of the Mineral Law. as common construction materials or to salvage- hI l3y the time of transfer, the organization mine minerals or individual licensed to mine minerals has A business household referred to in Clause completed the jobs specified in Clause 1, Article 2, Article 51 of the Mineral Law may be licensed 66 and fulfilled the ohligations specified at to mine minerals for use as common construction Points a, b, c, d, e and g, Clause 2, Article 55 of materials or to salvage-mine minerals when the Mineral Law. fully meeting the following conditions: el There is no dispute over rights and 1. Having a mineral mining investment obligations related to mineral activities in the project to be carried out in an explored area with licensed mineral mining area. an approved deposit, which conforms to the d! The transferor has submitted a complete provincial-level master plan on mineral dossier to the dossier-receiving agency at the exploration, mining a nd IJ<;P of rhe locality time when the mineral mining license remains having mincral s. The mincral mining valid for at least 90 days. i nvestmeu t project must have a plan on 2. The transfer of the mineral mining J ight employment of specialized personnel and use must be expressed in a contract between the of appropriate mining equipment, technology transferor and transferee, with the following and method. principal contents: 2. Having an environmental protection aI The current number, vol ume and val uc of commitment document certified under the law invested or constructed mining works and on environmental protection. technical infrastructure: the performance of 3. Having an equity capital equal to at least financial obligations of the transferor by the 3WYi:, of the total investment capital for time of signing the transfer contract. iuiplemcntiug the ruinerul miuing project. bl Responsibilities of tile transferee for Issue nos lo-12/MalI"Ch2012 19 (Gong Bao /lOS 265-266/March 19, 2012) continued performance of jobs and unfulfilled stated in the mineral mining license has not yet obligations of the transferor by the time of been fully exploited. transfer, cl By the time of application for extension, cl Other related rights an d obligations of the the organization or individual has fulfilled all transferor and transferee accor d i ng to the obligations specified at Poi Ills a, LJ, c, d. c, [ regulations. and g. Clause 2, Article 55 of the Mineral Law. 3. The time limit for settling a dossier for d/ Having fulfilled all obligations in transfer of the mineral mining right is 45 days environmental protection and land, water and from the riMe t hp dossier -recei ving agency technical infrastructure use in mineral issues a receipt. activities in accordance with the mineral law and relevant laws. If the application for transfer is not approved by the competent licensing agency, the applicant el By the time of application for extension, may continue implementing the mineral mining the plan for further mineral mining conforms license or return it. to the approved mineral master plan as stipulated at Point cor d, Clause 1, Article 10 4. The transferor and transferee of the of the Mineral Law. mineral mining right shall pay related taxes, charges and fees in accordance with law. 2. Extension of a mineral mining license or mineral salvage mining license means the Article 25. Extension of the mineral mining prolongation of the time for an organization or license and mineral salvage mining license individual to continue exercising the mineral mining right on the basis of the remainder of I. An organization or individual may have the mineral deposit licensed for mining, which its/his/her mineral mining license or mineral is calculated by the time of extension, without salvage mining license extended when fully changing the licensed mining capacity. If meeting the following conditions: wishing to increase mining capacity, the a/ Having submitted a complete dossier of mineral-exploiting organization or individual application for extension of the mineral mining shall make an investment project on renovation license or mineral salvage mining license to the or expansion; and formulate and submit for dossier-receiving agency at the time when such approval an environmental impact assessment license is still valid for at least 45 days or 15 report or environmental protection commitment days, respectively, clearly stating the reason for document according to regulations. Upon the application. extension of a mineral mining license, the bl Having a mineral mining result report mining area may be adjusted to suit the proving that by the time of application for remaining mineral deposit but not beyond the extension, the mineral deposit in the mining area licensed mining area. 20 Issue nos 10-12/March 2012 (Cong Beo nos 205-266/Mmch 19. 20/2j 3. In case the mineral exploration license or Chapter IV mineral salvage mining license expires while PROCEDURES FOR LICENS1NCi the dossier of application for extension is being MINERALA( 'TIVITIES, APPROVING appraised by a competent state agency, the MINERAL DEPOSIT AND CLOSING mineral-exploiting organization or individual MINERAL MINES may continue mining activities until the time the extension is approved or rejected in writi ng. Section 1 DOSSIER-RECEIVING AGENCIES, Article 26. Appraisal of a mineral mine FORMS OF RECEIPT AND REPLY closure scheme Article 27. Agencies receiving dossiers for 1. The Ministry of Natural Resources and grant of minera I acti vi ty license, dossiers for Environment or a provincial-level People's approval of mineral deposit and dossiers for Committee shall, according to its competence mineral mine closure defined in Clause I or Clause 2, Article R7 of the Mineral Law, organize appraisal of a mineral Agencies recci ving dossiers for grant of mine closure scheme before deciding to close it. mineral activity license, dossiers for approval of mineral deposit and dossiers for mineral mine 2. Contents of appraisal of a mine closure c losu re are specified as follows: scheme include: I. The General Department of Geology and aJ The reason for the closure; Minerals shall receive dossiers for grant of b/The status, quantity, volume and level of mineral acti viry license, and dossiers for mincrul safety of the mine's works, including its tailing mine closure falling within the licensing sites at the time of closure. competence of the Minister of Natural d The actually exploited mineral volume, Resources and Environment. the remaining mineral deposit in the licensed 2. The Office of the National Council for mineral ruining area at the time of closure. Assessment of Mineral Deposits shall receive d/ The volume of work and method of dossiers for approval of mineral deposits in closing the mine, measures to protect mineral exploration result reports according to unexploited minerals; measures to assure safety mineral exploration licenses falling within the for the mining field after the closure, including licensing competence of the Ministry ofNuturul its wiling sites; measures to rehabilitate land Resources and Environment. and the environment. .1. Provincial-level Departments of Natural e/ The volume and schedule of performance Resources and En viron mcnt shuII rccei ve of jobs of the scheme and the time of completion dossiers for grant of mineral activitv license: of the closure. dossiers for approval of mineral deposits in Issue nos lQ-12/March 2012 21 (Gong Beo IIOS 265-26rJ/'Warcfz If), 2(12) mineral ex ploration result reports; and dossiers a mineral exploration license speci I1l:U in Clause for mineral mine closure falling within the I, Article 47 of the Mineral Law shall be made licensing compptf'nc(' of prov inc i a l-Je ve.l in one set in the following forms: Pcoples Committees. aI Original: the application for a mineral exploration license: the map of the mineral Article 28. Forms of receipt and return of exploration area; the mineral exploration results on dossiers for grant of mineral activity scheme. license, dossiers for approval of mineral dr-posir and dossiers for mineral mine closure bl Original or certified true copy: the environmental protection commitment I. Dossiers for grant of mineral activity document, for the case 01 exploring toxic license and dossiers for mineral mine closure minerals; the written certification of auction may be submitted directly or by post to the winning in case of auction of the mineral mining dossier-receiving agency specified in Clause I right in an unexplored area; the business or 3, Article 27 of this Decree. registration certificate; the decision on the Dossiers of application for approval of establishment of the Vietnam-based mineral deposit may be submitted directly to representative office or branch in case of foreign the dossier-receiving agency specified in Clause enterprises; the document of the bank with 2 or 3, Article 27 of this Decree. which the organization or individual registers 2. The time limits for dossier processing a transaction account, certifying its/his/her specified in Clause 2, Article 48; Clause 2, equity capital as required at Point c, Clause 2, Article 50: Clause 2, Article 60. and Clause 2. Article 40 of the Mineral Law. Article 71 of the Mineral Law are counted from 2. Documents in a dossier for extension of a the time dossier-receiving agencies Issue a mineral exploration license specified in Clause receipt thereof. 2, Article 47 of the Mineral Law shall be made 3. Results shall be notified at the offices of in one set in the following forms: dossier-receiving agencies. aJ Original: the application for extension of a mineral exploration license; the report on

Section 2 mineral exploration results by the time of FORM OF DOCUMENTS IN DOSSIERS application and the plan for further mineral exploration; the m:lp of the mineral exploration Article 29. Dossiers for grant, extension or area. return of mineral exploration licenses, return bl Original or certified true copy: documents of part of the mineral mining area, or transfer on the fulfillment of obligations related to of the mineral exploration right exploration activities by the time of application I. Documents in a dossier of application for for extension. 22 Issue nos lO-J2lMarch 2012. (Gong B<ionos 265-266/March /9.20/2) 3. Documents in a dossier for return of a Article 30, Dossier of app licurion for mineral exploration license or return of part of approval of mi ncral deposit the mineral exploration area specified in Clause DOCUllH:: nts in it Jo:-,:-,ier of appl ication fur 3, Article 47 of the Mineral Law shall be made approval of mineral deposit specified in Clause in one set in the following forms: 1, Artie Ie 50 of the Mineral Law shall be made a/ Original: the application for return of a in one set in the following forms: mineral exploration license or return of part I. Original: the application for approval of of the mineral exploration area; the mineral mineral deposit; the report on mineral exploration license; the report on mineral exploration results, related annexes, drawings exploration results by the time of application; and primary materials; the annex explaining the map of the mineral exploration area, the temporary data used for calcu lating the mineral plan for further mineral exploration in case of deposit; the minutes of the checking or the return of part of the exploration area. volume and quality of constructed mineral bl Original or certified true copy: exploration works of the licensed organization documents on the fulfillment of obligations or indi vidua I. related to exploration activi ties by the time of 2. Original or certified true copy: the mineral application. exploration scheme already appraised and the 4. Documents in a dossier for transfer of the mineral exploration license. mineral exploration J igtu specified in Clause 4, Article 47 of the Mineral Law shall be made in 3. Data of documents referred to in Clause 1 one set in the following forms: of this Article recorded in compact disc (one set). aJ Original: the application for transfer of Article 31. Dossiers for grant, extension and the mineral exploration right; the contract on return of mineral mining license, return of part transfer of the mineral exploration right; the of the mineral mining area, transfer of the report on mineral ex ploration results by the time mineral mining right of application; 1. Documents in a dossier of application for bl Original or certified true copy: documents a mineral mining license specified in Clause I. evidencing the transferor's fulfillment of the Article 59 of tile Mineral Law shall be made in obligations specified at Points b, c, d and f. one set in the following forms: Clause)" Article 4" and Cbm;pl Arric lc 43 of the Mineral Law: the transferee's business a/ Original: the application for a mineral registration certificate; the decision on mining license; the map of the mineral mining establishment of the representative office or area; the mineral mining investment project and branch in Vietnam in case the transferee is a its approval decision. foreign enterprise. bl Original or cerufied true copy: the h.me n0510-121l\1arch 2012 23 (Gong BaD nos 265-266/M(J rcl: /9, 20J2) decision on approval of the mineral deposit. mineral mining license; the report on mineral issued by a competent state agency: the written exploration results by the time of application; certification of winning of the auction in case the mine closure scheme in c asc of return of a of auction of the mineral mining right in an mineral mining license. explored area; the investment certificate; the b/ Original or certified true copy: documents environmental impact assessment report and its evidencing the fulfil1ment of the obligations approval decision or the environmental specified at Points a, b, c, e, I' and g, Clause 2, protection commitment document and the Article 55 of the Mineral Law by the time of written certification of a competent state application. management agency; the business registration 4. Documents in a dossier for transfer of the certificate; the written certification of the equity mineral mining right specified in Clause 4, capital as required at Point c, Clause 2, Article Article 59 of the Mineral Law shall he made in 53 of the Mineral Law. one set in the following forms: 2. Documents in a dossier for extension of a aI Original: the appl ication for transfer of a mineral mining license specified in Clause 2, !TIi neral mining license; the contract on transfer Article 59 of the Mineral Law shall be made in of the mineral mining right and the statement one set in the following forms: of the value of transferred assets; the map of aI Original: the application for extension of the status of mineral mining at the time of a mineral mining license; the map of the status application; the report on mineral mining results of mineral mining at the time of application; by the time of application. the report on mineral mining results by the time bl Original or certified true copy: documents of application. on the transferor's fulfi IIment of the obligations bl Original or certified true copy: documents specified at Points a. b, c, c and g, Clause 2, on the fulfillment of the obligations specified Article 55 of the Mineral Law by the time of at Points a, b, c, e, f and g, Clause 2, Article 55 transfer; the transferee's business registration of the Mineral Law by the time of application, certificate or investment certificate. 3. Documents in a dossier for return of a Article 32. Dossiers for grant, extension and mineral mining license or return of part of the return of mineral salvage mining license mineral mining area specified in Clause 3, Article 59 of the Mineral Law shall be made in I. Documents in a dossier of application for one set in the following forms: a mineral salvage mining license specified in aJ Original: the application for return of a Clause I, Article 70 of the Mineral Law shall mineral mining license or return of part of the be made in one set in the following forms: mineral mining area; the map of the status of aI Original: the application for a mineral mineral mining at the time of application; the salvage mining license; the map of the mineral 24 Issue nos 10-12/March 2012 (Gong 8<~o nos265266/March /9. 20l2) salvage rrum ng area; the mineral mmmg of the Mineral Law by the time of application. investment project and its approval decision. A rfiele ~~. Dossief [or mineral mint' closure b/ Original or certified true copy: the investment certi [icatc: the environmental 1.A dossier for mineral mine closure referred impact assessment report and us approval to in Arric lc 71, of rhe Minr-rnl Iaw crnnprises' decision or the environmental protection aJ An application for mineral mine closure. commitment document and the wr i rte n b/ The mineral mine closure scheme. certification of a competent state management c/ The map of the status of the area of the agency: the business registration certificate. closed mineral mine. 2. Documents in a dossier for extension of a d/ Documents evidencing the fulfillment of mineral salvage mining license specified in obligations related to mineral mining hy the Clause 2, Article 70 of the Mineral Law shall time of closure. be made in one set in the following forms: 2. Documents in a dossier for mineral mine aJ Original: the application for extension of closure specified in Clause I of this Article shall a mineral salvage mining license; the report on be made in one set in the following forms: mineral salvage mining results by the ttrnc ot a/ Original: the application for mineral mine application. closure; the mineral mining licensing; the b/ Original or certified true copy: documents mineral mine closure scheme; the map of the evidencing the fulfillment of the obligations status of the area of the closed mineral mine. specified at Points a, b, c, e, f and g, Clause 2, bl Origi nal or certified true copy: documents Article 55 of the Mineral Law by the time of evidencing the fulfillment of the obligations application. specified at Points a. b. c, f', f and g. Clause 2, 3. Documents in a dossier for return of a Article 55 of the Mineral Law by the time of mineral salvage mining license specified in application. Clause 3, Article 70 of the Mineral Law shall Article 34. Forms of documents in a dossier be made in one set in the following forms: for grant of mineral activity license. dossier for aJ Original: the application for return of a approval of mineral deposit and dossier for mineral salvage mining license; the mineral mineral mine closure sa Ivage rnining license; the report on mineral L Docu ments ina doss ier for grant of salvage mini ng results by the time of mineral acti vity Iiccnse, dossier for approval of application; the mine closure scheme. mineral deposit and dossier for mineral mine b/ Original or certified true copy: documents closure; forms of mineral exploration license. on the fulfillment of the ohligations specified mineral mining license, decision 011 approval at Points a, b,c.c, rand g, Clause 2, Article 55 of mineral deposit, decision on approval of Issue nos 10-12/March 2012 25 (Cong Rio /IOS 265-266/Man:h /9, 20/2) mineral mine closure scheme and decision un shall seleLt organizations and individuals fur mineral mine closure apply nationwide. mineral exploration licensing under Clause 2, Article 13 of this Decree, 2. The Ministry of Natural Resources and Environment shall issue forms of documents The time limit for selection of organizations specified in Clallse 1 of this Article and individual s for mineral exploration licensing is 5 working days from the end of the

Section 3 notification time limit specified at Point a of this Clause. ORDER OF IMPLEMENTATION OF PROCEDURES cl At the end of the time limit specified at Point b or this Clause, if having selected an Article 35. Order of implementation of organization or individuals for mineral procedures for granting mineral exploration exploration licensing, the dossier-receiving license agency shall issue a receipt of the dossier and publicly notify the name of the selected 1. The receipt of a dossier of application for organization or individual at its head office and a license to explore minerals in an area not on the website of the competent licensing subject to auction of the mineral mining right agency. is as follows: For organizations and individuals not aJ Upon receiving a dossier of the first selected for mineral exploration licensing, the organization or individual wishing to explore a dossier-receiving agency shall notify in writing mineral, the dossier-receiving agency shall the reason for non-selection to them. publicly notify the name of such organization or individual, the name of mineral and the 2. The receipt of a dossier of appli cation for location of the area where the mineral is a mineral exploration license of the organization expected to be explored at its office and on the or individual winning the auction of the mineral website of the competent licensing agency. mining right in an unexplored area is as follows: The time limit for receipt and notification aJ The organization or individual winning of dossiers of application for mineral the auction of the mineral mining right shall ex pluration licenses of other organizations and submit a dossier of application for a mineral individuals is 30 days from the date of receipt exploration license to the dossier-receiving of the dossier of application for a mineral agency. exploration license of the first organization or bl Within 2 working days, the dossier- individual. recei ving agency shall check documents in the bl At the end of the time limit specified at dossier. If these documents comply with the Point a of this Clause, the dossier-receiving provisions of Clause 1, Article 47 of the Mineral agency may not receive any more dossiers and Law and Clause 1, Article 29 of this Decree, 26 IS~ilI(, nos lO-12/March 2m2 (Gong Baa /lOJ 265·266/March 19. 2(12) the dossier-receiving agency shall issue a receipt 5. The submission of a dossier for grant ofa of the dossier. mineral exploration license is as follows: 3. If the dossier of application for a mineral a/ Within 21 days from the date or exploration license comprises insufficient completion of the activities specified in Clause documents according to regulations or 4 of this Article the do~~ier-receiving agt'llcy comprises sufficient documents but the contents shall compete and submit a dossier for grant of of these documents are i mpropcr according to an exploration I ice.nse to the competent law, the dossier-receiving agency shall guide Iicensing state agency. in writing the applicant to complete and finalize b/ Within 7 working days from the date of the dossier. The dossier-receiving agency shall receiving a dossier from the dossier-receiving provide such guidance only once. agency, the competent licensing state agency ~dHlII decide whether to grunt a mineral 4. Apprai sal of a dossier of application for a mineral exploration license exploration license. In case of refusal to grant a license, it shall issue a written reply clearly Within 55 Jays utter j~suing a rcce ipt uf a stating the reason. dossier, the doss ier-rece iv ing agency sha II complete the following activities: 6. Reply on results of grant of mineral exploration licenses a! Examinin g the coordinates and size of the area expected to be explored, including field Within 7 working days from the dare of examination. receiving a dossier for grant of a mineral bl Sending documents to related agencies on exploration license from the competent the area expected to be explored in the case licensing state agency, the dossier-receiving specified in Clause 3, Article 48 of the Mineral agency shall notify the applicant to come to Law. receive the result and perform related obligations according to regulations. Within 20 days from the date of receivi ng a document of request for opinions from the Article 36. Order of appraisal of mineral dossier-receiving agency, the consulted exploration scheme agencies shall issue written repl ies on relevant matters. Past this time limit. if having no I. The order of appraisal of a mineral opinion, the consulted agencies shall be exploration scheme falling within the licensing considered having agreed. competence of the Ministry of Natural cl Appraising the mineral exploration Resources and Environment is as follows: scheme be fo r e pr upo siug t lie mineral aJ Wirhin 20 days from the date of issuing a exploration licensing according to the receipt of a dossier. the dossier-receiving agency procedures specified in Article 36 of this shall send the exploration sch- m« to some Decree. relevant specialists for comment. The time lunit Issue nos 10-121March 2012 27 (Gong Baa IIOS 265-266/Mafch 19,20/2) for specialists to reply is 10 working days from al Within 20 days from the date of issuing a the date of receiving the request of the dossier- receipt of a dossier, the dossicr-rccei ving agency rccci viug ugency. shall send the exploration scheme to some bl Within 5 working days from the date of relevant specialists for comment. The time limit receiving specialists' comments, the dossier- for specialists to reply is ]() working days from recei ving agency shall summarize these the date of receiving the request of the dossier- comments and send them together with the recer ving agency. dossier of application for a mineral exploration bl Within 5 working days from the date of license to the chairman of the council for receiving specialists' comments, the dossier- appraisal of mineral exploration schemes receiving agency shall summarize these according to Clause 3 of this Article (below comments and send them together with the referred to as the appraisal council). dossier of application for a mineral exploration cl Within 15 days from the date ofreceiving liccnse to the provincial-level People's a dossier of application for a mineral exploration Committee. license and specialists' comments, the chairman cl Within 20 days from the date of receiving of the appraisal counci I shall decide to organize a dossier of application for a mineral exploration a meeting of the appraisal council. license and specialists' comments, the d/ Within 5 working days from the end of provincial-level People's Committee shall the appraisal meeting, the dossier-receiving decide to adopt the mineral exploration agency shall finalize the minutes of the appraisal scheme's contents for licensing or set up an council's meeting. In case of necessity to appraisal couuci I when necessary. supplement and modify the scheme or re- In case of necessity to supplement and formulate the scheme, the dossier-receiving modify the scheme according to opinions of the agency shall send a written notice clearly stating the reason for rejection or the scheme's contents provincial-level People's Committee or of the to be supplemented and completed, together appraisal council, the dossier-receiving agency with the minutes of the appraisal council's shall send a written notice clearly stating the meeting. reason for rejection or the scheme's contents to be supplemented and completed. The time for the applicant to supplement, complete or re-formulate the mineral The time for the applicant to supplement, exploration scheme is not included in the complete or re-formulate the mi ner al scheme appraisal time limit. exploration scheme is not included in the scheme appraisal time limit. 2. The order of appraisal of a mineral exploration scheme falling within the licensing 3. The Ministry of Natural Resources and competence of a provincial-level People's Environment shall provide the organization and Committees is as follows: operation of a council for appraisal of mineral 28 Issuenos lO·12LMareh 2012 (Gong Baa IlOS 265-2661March /9, 2() /2) exploration schemes comment on the gram of a mineral mining license under Point c, Clause 2, Article 60 of Article 37. Order of implementation of the Mineral Law procedures for granting mineral mining licenses Within 20 days from the date of receiving a I. The receipt of a dossier of application for document of request for opinions from the a mineral mining license is as follows: dossier-receiving agency, the consulted a/The applicant for a mineral mining license agencies shall issue written replies on relevant shall submit a dossier of application for a matters. Past this tirnc I imit, if having no mineral mining license to the dossier-receiving opinion, the consulted agencies shall he considered having agreed. agency. c/ Within 35 days, the dossier-receiving bl Within 2 working days, the dossier- agency shall c omp le t e the a ppr a i sal of receiving agency shall check documents in the documents and other contents related to mi neral dossier. If these documents comply with the provision s of CJ;lI1Se I. Article ')9 of the Mineral mining and determine the charge amount for the grant of the mineral mining right. Law and Clause I, Artie Ie 31 of this Decree, the dossier-receiving agency shall issue a receipt 3. The submission of a dossier for grant of a of the dossier. If the dossier comprises mineral mining license is as follows: insufficient documents according to regulations a/ Within 5 working days from the date of or corupri scs sufficient documents but the completion of the activities specified in Clause contents of these documents are improper 2 of this Article, the dossier-receiving agency according to law. the dossier-receiving agency shall complete a dossier for Eol aut of a license shall guide in writing the applicant to complete and submit it to the competent licensing state and finalize the dossier. The dossier-recci ving agency. agency shall provide such guidance only once. bl Within 7 working days from the date of 2. Appraisal of a dossier of application for a receiving a dossier from the dossier-receiving mineral mining license agency, the competent licensing state agency a/ Within 25 days after issuing a receipt of a shall decide whether to grant a mineral mining license. In case of refusal, it shall issue a written dossier; the dossier-receiving agency shall reply clearly stating the reason. complete theexamination of the coordinates and size of the area expected to be exploited and 4. Reply on results of grant of mineral the field examination. mining licenses b/ Within 5 working days from the dale of Within IS days fWIlI LlIL: date of receiving a completion of the work specified at Point a of dossier from the competent licensing agency, this Clause, the dossier-receiving agency shall the dossier-receiving agency shall notify the send documents to related agencies for applicant to come to receive the result and Issue nos 1O-12/March 2012 29 (Gong Bao IIOI 2(,5- 2M/March /9. 2012) perform related obligations according to documents and other contents related to the area regulations. expected to be salvage-mined. Article 38. Order of implementation of 3. The submi ssion of a dossier for grant of a procedures for granting mineral salvage mining mineral salvage mining license is as follows: licenses a/ Within 2 working days from the date of completion of the activities specified in Clause I . The receipt of a dossier of application for 2 of lllis Ar ticlc, the dossici-i ecei viug agency a mineral salvage mining license is as follows: shall complete and submit a dossier for grant a/The applicant for a mineral salvage mining of a license to the competent licensing state license shall submit a dossier of application for agency. a mineral salvage mining license to the dossier- bl Within 5 working days from the date of receiving agency. receiving a dossier from the dossier-receiving bl Within 2 working days, the dossier- agency, the competent licensing state agency receiving agency shall check documents in the shall decide whether to grant a mineral salvage dossier. If these documents comply with Clause mining license. In case of refusal to grant a 1, Article 70 of the Mineral Law and Clause I, license, it shall issue a written reply clearly Article 32 ofthis Decree, the dossier-receiving stating the reason. agency shal I issue a receipt of the dossier. 4. Reply on results of grant of mineral If the dossier comprises insufficient salvage mining licenses documents according to regulations or Within 1 workine days from the date of comprises sufficient documents but the contents receiving a dossier from the competent licensing of these documents are improper according to law. the dossier-receiving agency shall guide agency, the dossier-receiving agency shall notify the applicant to come to receive the result and in writing the applicant to complete and final ize perform related obligations according to the dossier. The dossier-receiving agency shall regulations. provide such guidance only once. 2. Appraisal of a dossier of application for a Article 39. Order of implementation of mineral salvage mining license procedures for extending, transferring or returning mineral exploration licenses, mineral a/ Within 5 working days after issuing a mining licenses; extending orrctuming mineral receipt of a dossier, the dossier-receiving agency salvage mining licenses, and returning pan of shall complete the examination of the area cuor dinatcs ami size of the area expected 10 be salvage-mined and the field examination. 1. The receipt of a dossier is as follows: b/ Within IS days the dossier-receiving a/ An applicant for extension, transfer or agency shall complete the appraisal of return of a mineral exploration license or 30 Issue nos HI-IUMarcb 2012 (Gong Baa /lOS 265266/March 19.2(12) mineral mining license or extension or return salvage mining license. of a mineral salvage mining license or return of 3. Submission of a dossier to the competent part ofarea shall suhmit a doscier to the dnssi(~r~ licensing agency: receiving agency. a/ Within 2 working days from the date of b/ Within 2 working days. the dossier- completion of the activities specified in Clause receiving agency shall check documents in the :2 of this Article. the dossier-receiving agency dossier. If these documents comply with shal l cornplerc and snhrnir a dnssi cr In the regulations. the dossier receiving agency shall competent licensing state agency. issue a receipt of the dossier. bl Within 5 working days from the date of It the dossier comprises insufficient receiving a dossier from the dossier-receiving documents according to regulations or agency. the competent I icensing state agency comprises sufficient documents but the contents shall decide whether to permit the extension, of these documents arc improper according to transfer or return of a mineral exploration law, the dossier-receiving agency shall guide I iccnse or mineral mining Iicensc or return of in writing the applicant to complete and finalize part of area; or within 3 days in case of extension the dossier. The dossier-receiving agency shall or return of a mineral salvage mining license. provide such guidance only once. In case of refusal, it shall issue a written reply 2. Appraisal of a dossier is as follows: clearly stating the reason. aJ Within 5 working days after issuing a 4. Reply on results of dossier processing: receipt of a dossier, the dossier-receiving agency Within 3 working days from the date of shall complete the ex ami nation of the receiving a dossier from the competent licensing coordinates and size of the area for which a state agency. the dossier-receiving agency shall mineral exploration license or mineral mining noti fy the applicant to come to receive the result, license is requested to be extended, transferred in case of application for extension. transfer or or returned or part of which is requested to be return nf a mi nr-rn I e xplnrat io n I ic e nsc or returned, or within 3 days in case of extension mineral mining license or return of part of area: or return of a mineral salvage mining license, or within 2 working days in case of extension including the time 01 held examination. or return of a mineral salvage mining license. bl Within 30 days the dossier-receiving Article 4.0. Order of implementation of agency shall complete the appraisal of procedures for approving mineral deposit documents and other contents related to the extension, transfer or r erurn of a mineral l. Receipt of a dossier for approval of exploration license or mineral mining license mineral deposit: or return of part of area; or within 5 working a/ An organization or individual sl1all submit days in case of extension or return of a mineral a dossier for approval of mineral deposit to the Issue nos 1O-12/March 2012 31 (Cong Beo liDS 265-266/March 19,2(12) dossier-receiving agency directly at its office specialists to reply is 20 working days frnrn the according to Clause 2 or 3, Article 27 of this date of receiving the request of the dossier- Decree. recci VlJ1g agency, b/ Within 2 working days, the dossier- c/ Within 30 days from the date of receiving agency shall check documents in the completing the work stated at Point b of this dossier, If these documents comply with Clause Clause, the dossier-receiving agency shall 1, Article 50 of the Mineral Law and Artie le 30 summarize the specialists' comments and of thi s Decree, it shall notify the organization prepare a dOSSIer and documents tor submission or individual applying for approval of mineral to the National Council for Assessment of deposit to pay a charge for mineral deposit Mineral Deposits or to the provincial-level appraisal according to regulations. Thedossier- People's Committee for consideration and receiving agency shall issue a receipt of the decision. dossier immediately after the organization or If the report is unsatisfactory and cannot be individual pays such charge. submitted to the National Council for If the dossier comprises insuffici ent Assessment of Mineral Deposits or to the documents according to regulations or provincial-level People's Committee, the comprises sufficient documents but the contents dossier-receiving agency shall issue a written of these documents are improper according to notice clearly stating the reason to the applicant law, the dossier-receiving agency shall ,guide for supplementation and completion of the in writing the applicant to complete and finalize report, which is enclosed with specialists' the dossier. The dossier-receiving agency shall written comments. provide such guidance only once. The time for the applicant to supplement and 2. The examination of a mineral deposit finalize the mineral deposit report is not report is as follows: included III the report appraisal time limit, a/ Within 30 days after issuing a receipt, the 3. The appraisal of a mineral exploration dossier-receiving agency shall examine all result report and approval of mineral deposit In documents in the dossier of the report; conduct the exploration report is as follows: field examination of the expected mineral a/Within 30 days from the date ofcompletion exploration area, specimens from drilled holes, of the work stated at Point c, Clause 2 of this tunnels and pits, when necessary. Article, the chairman of the National Council b/ Within 60 days from the date of for Assessment of Mineral Deposits shall hold completing the work stated at Point a of this a meeting of the counci I or the provincial-level Clause, the dossier-receiving agency shall send People's Committee shall decide whether to set the exploration result report to specialists for up a technical advisory council under Clause opinions on relevant matters, The time limit for 2, Artie le 21 of this Dec. ee, 32 Is!>ue nos lO-12/March 2012 (Gong Beo nos 265-266/'Warch 19, 20 J2) bl Within 5 working days from the date of receipt of the dossier of the agcncy competent conclusion of the meeting of the National to approve mineral deposits, the dossier- Council [or Assessment of Mineral Deposits or receiving agency shall notify the appl icant for the technical advi wry council, the dossier- approval of mineral deposit to come to receive receiving agency shall finalize the minutes of the result and perform related obligations. the council's meeting. If it is necessary to Article 41. Responsibilities of provincial- supplement, modify and complete the mineral level People's Committees in coordinating in deposit exploration report according to opinions appraisal for mineral activity licensing of the National Council for Assessment of Mineral Deposits, the technical advisory council I. For areas banned or tcrnporari Iy harmed or the provincial-level People's Committee, the from mineral activities which are not yet dossier-receiving agency shall send a written approved according to regulations. before notice clearly stating contents to be licensing mineral activities according to its supplemented and completed, enclosed with the competence, the Ministry of Natural council's meeting minutes. Resources and Environment shall only consult The time for the applicant to supplement and in writing provincial-level People's fi nalize tile mi neral explorau un report is not Committees of the localities having minerals included in the report appraisal time limit. on the areas expected to be permitted for mineral activities which are related or unrelated to areas cI Within 15 days from the date of 'et.:eipl of banned or temporarily banned from mineral the supplemented and completed exploration activities. result report from the appl icant for approval of mineral deposit, the dossier-receiving agency 2. Within 20 days from the date of receipt of shall submit it to the agency competent to a written request for opinion stated in Clause I approve mineral deposits specified in Clause o l this Article, provincial-level People's l, Article 49 of the Mineral Law. Committees shall issue written replies to the Ministry of Natural Re s o u r c e s and d/ Within 5 working days from the date of Environment. receipt of the dossier for approval of mineral deposit from the dossier receiving agency, the Chapter V agency competent to approve mineral deposits shall issue a decision to approve the mineral FlNANCEON MINERAL deposit stated in the mineral exploration result Article 42. Money for the grant of the report. mineral mining right 4. Reply on results of approval of mineral The Ministry of Natural Resources and deposit Environment shall assume the prime Within 5 working days from the date of responsibility for, and coordinate with the Issue nos 10-12/March 2012 33 (Gong Baa I10S 265-266/Mllrcll 19. 20/2) Ministry of Fiuaucc ill, ~lijJulaljllg the 11IClllUU exploi atiou, 111 i lIillg, pi occssi IIg dill! use which of calculation, method of collection and the are approved before the effective date of the regime of management and use of money for Mineral Law may be implemented until the the grant of the mineral mining right. mineral master plans referred to in Clause 1, Article 8 and Article 9 of this Decree are Article 43. Funds for geological baseline approved and announced according to surveys of minerals regulations. 1. Funds for geological baseline surveys of minerals comply with the provisions of Clause Article 45. Effect I, Article 21 of the Mineral Law and may be This Decree takes effect on April 25, 2012. supplemented with money amounts reimbursed The Government's Decree No. 160/2005/ for expenses for geological baseline surveys, ND-CP of December 27, 2005, detailing and expenses tor mmeral exploration and money for guiding the implementation of the 1996Mineral the grant of the mineral mining right. Law and the 2005 Law Amending and 2. The Ministry of Finance shall assume the Supplemennng a Number at Articles of the prime responsibility for, and coordinate with the Mineral Law, and Decree No. 0712009/ND-CP Ministry of Natural Resources and Environment of January 23, 2009, amending and in, providing the supplementation of funds for supplementing a number of articles of Decree geological baseline surveys under Clause 1 of No. 1GO/2005/ND-CP, cease to be effective on this Article. July 1,2011. Chapter VI Article 46.1mplemcnlation responsibility IMPLEMENTATION PROVISIONS I. The Ministry of Natural Resources and En v iro n mc n t shall assume the prime Article 44. Transitional provisions responsibil ity for, and coordinate with related I. Dossiers of application for mineral activity ministries and sectors in, guiding the licenses, which are legally valid and received implementation of this Decree. by competent agencies before July I, 2011, 2. Ministers, heads of ministerial-level according to regulations, shall be processed on agencies, heads of government-attached the principle that licensed organizations and agencies, chairpersons of provincial-level individuals shall fulfill the obligations provided People's Committees and related organizations by the Mineral Law. The Prime Minister shall and individuals shall implement this Decree.- issue specific regulations on transitional conditions and time. 011 behalf of the Government 2. Master plans on geological baseline Prime Minister surveys of minerals and master plans for mineral NGUYEN TAN DUNG 34 Issue nos 1O-12/March 2012 (Cong Beo /lOS 265-266/Marcfl N, 20/2) Appendix RESOURCE SCALE AND DEPOSITS OF SMALL-SCALE AND SCATTERED M]NERALS BY MINERAL GROUP/TYPE (To the Govermnents Decree No. J 5/2012/ND-CP o] March 9, 2()/2) Mineral Total deposit and No. Mineral type U nit of calculation group projected resource I Lignite ] ,000 tons ::; 500 t----- Fuel 2 CoaL :mthnlC'ile lOOn Ions. < <oo 3 Iron are 1.000 tons of are ::; 200 - 4 Manganese are 1.000 tons of are 'S200 - 5 Iron and Chromium arc ] .000 tons of Cr20.1 ::;40 - Iron 6 alloy Molybdenum Ton of metal 'S 100 '----- 7 Wolfram Ton of metal < 50 r---- 8 Nickel Ton of metal 'S500 9 Bismuth Ton of metal 'S1O ~ 10 Ant iu rouv 1,000 ions or metal :-::;0.2 I---- Common 11 Copper 1.000 tons of metal 'S5 I-- metals 12 Lead--zinc 1.000 tons of metal 'S5 '--- 13 Tin 1,000 tons of metal ~O.I 14 Lateritic bauxite 1,000 tons of refined ore 'S 10,000 r--- 15 Sedimentary bauxite 1,000 tOIlS of ore 'S500 I-- Light metals 16 Titanium ill primary are 1.000 tons of Ti0 2 'S50 f---- 17 Titanium in sand are LOOO tons < 20 18 Precious Primary gold Tons < 0.5 ~ and rare 19 metals Sand gold Tons < 0.0 1 Issue nos lO-12/March 2012 35 (Gong 8ao flOS 265 266!March If) 20J2) 20 Apatite 1,000 tons S LOOn r------- 21 Barite 1,000 tons .s;5 ~ 22 Fluorite 1,000 tons ::;3 f-------- 23 Phosphorite 1.O()() tons -:;50 I------ 24 Serpentine 1,000 tons -:;1 f---------- 25 Ceramic, refractory clay 1,000 tons $50 f----- -- 2() Dolomite 1,000 tons $100 f--- 27 Feldspar material l,OOO tons < SO ~ 28 Quartzite 1,000 tons S 100 ~ 29 Magnesite l,000 tom ::; JOO - ---- 30 Kaolin clay 1,000 tons ::; 50 - 31 Glass sand 1,000 tous .5100 I----- Industrial 32 minerals Diatomite 1,000 tons ::;50 '------ '-------- --- 33 Graphite 1,000 tons s10 ,.............. 34 Tille 1,000 tons s:s ~ 35 White marble 1,000 tons .s;500 ~ 36 Muscovite 1,000 tons ::;1 ~ 37 Crystal quartz 1.000 tons ::;2 ~ 38 Bentonite 1,000 tons $10 '-------- 39 Cement clay j ,OO(J tons 55.000 I-- I 40 Puzolan ] ,000,000 tons ::; 1 I-- ----. 41 Cement limestone 1,000,000 Ions ::;20 ~ 42 Construction marble 1,00001 , I S 1,500 f-------------- Walling and flooring LOOO m) $500 43 tiles, marble