Joint Circular No. 01/2003/TTLT-BTC-BCNMT guiding the transfer of the function of State management over minaral resources from the Industry to the Natural and Environment Resources Services of the provinces and centrally-run cities.Services

O!+ICIAL GAZET1'E THE MINISTRIES Environmont, wt1i!o the Ministry of Industry shall mpresent the owner of the Slate capital portions at State onterprisw; engaged in mineral exploration INTER-MINISTERIAL and procossing undor its management; basing themsfJ/ves on these~ two principles, the two ministties hereby guide the performance of the function of State management over mineral THE MINISTRY OF INDUSTRY - THE resources by provinces and centrafly.run cities as MINJSIRYOFNATURALRESOURCESAND follows: ENVIRONMENT 1. To transfer the function of State management over mineral resources from the Industry Services JOINT CIRCULAR No. 01/2003/TTLT-BCN- to the Natural Resources and Environment BTNMT OF OCTOBER29, 2003 GUIDING THE Services of the provinces and centrally-run cities TRANSFER OF THE FUNCTION OF STATE (hereinafter called provincial for short), covering MANAGEMENT OVER MINERAL the follow\ng contents: RESOURCES FROM THE INDUSTRY SERVICES TO THE NATURAL RESOURCES a/ Researching into, surveying, exploring, AND ENVIRONMENT SERVICES OF THE exploiting and processing mineral resources; PROVINCES AND CENTRALLY-RUN CITIES determining and proposing areas banned, temporarily banned or restricted from, and areas Pursuant to the Government's Decree No. 55/ opened to bid for, minerals-related actiVities or full 2003/ND-CP of May 28, 2003 prescribing the exploitation of minerals in their localities according functions, tasks, powers and organizational to responsibility decentralization; structure of the Ministry of Industry; b/ Proposing the provincial Peuµic-'s Pursuant to the Government's Decree No. 91/ Committees to grant, extend and withdraw permits 2002/NO-CP of November 11, 2002 prescribing for mineral resources-re lated activities; and the functions, tasks, powers and organizational submitting thereto the procedures for the grant, structure of the Ministry of Na. tura I Resources and extension, withdrawal and return of permits for Environment; minerals-related activities, and the transfer and inheritance of the rights to explore, exploit or The Ministry of Industry and the Ministry of process minerals or to register minerals-related Natural Resources and E:"nvironment have agreed activities according to law provisions; that the function of State management over mineral resourceD, covering EJ/1 stages from resGa1d1 and cl Propayating and educating in, the basic surveys to oxpforation, exploitation and enforcement of legislation on mineral resources processing, shall bo concentrated for one anency among all organizations and individuals in the being t/11:J Ministry of Natural nesources ancl loc:::i.litiH~; HRf'listinn Hw rrovincia! People's OFFICIAL Cl\Ztt1TI: Committees in o!aborating a11cl promulgating entctpri;;os under their management; according to their competonco rngulations on the management of, and guidance on, measures to cl/ f)roposinn the provincial People's protect, control and handle environmental Cmninillees to uµpoint, dismiss, com1nend or po!fution, as well as labor safety and sanitation in clisciplinc-:i chairmen and members of the managing minerals-related activities in their Iocali ties boards or presidents of companies (for State aGcording to !aw provisions; enterprises tranBformed into one-member limited liability companies operating under the Enterprise d/ Examining, inspecting and settling Law) and to prescribe wage regimes according to complaints and denunciations, fighting corruption law provisions; and negative acts, and handling law violations in State management over minerals-related activities el Inspecting and supervising the in their localities according to law provisions. implementation of the objectives and tasks ussrgned by the State to enterprises, as well as the operation efficiency and the distribution of after- 2. The Industry Services shall have the tax profits of minerals-exploiting enterprises under responsibility to assist the provincial People's their management. Committees in representing the owner of the State capital portions at State enterprises engaged in Basing themselves on this Joint Circular, the mineral exploitation and processing under its provincial People's Committees shall direct the management as assigned by the provincial Industry Services and the Natural Resources and People's Committees, including: Environment Services to perform the function of State management over mineral resources in their a/ Submitting to the provincial People's localities in strict accordance with law provisions. Committees for approval the objectives, tasks and plans on mineral exploitation and investment Tl1 is Joint Circular takes effect 15 days after its projects of enterprises under their management publication in the Official Gazette. after obtaining mineral exploitation permits granted by competent State agencies according to law Any problems arising in the course of provisions; imple rnenti ng th is Joint Circular should be re ported promptly by localities to the Ministry of Industry b/ Submitting to the provincial People's and the Ministry of Natural Resources and Committees the schemes on the establishment, Environment for settlement. reorganization, assignment, sale, contractual assignment, lease, ownership transformation, Minister of Industry dissolution or bankruptcy of enterprises under their HOANG TRUNG HAI rnanaoement;

c/ Submitting to the provincial People's Minister of Natural Resources Committees for approval the cflartcrs on n1e and Environment 01'fjanization and operation of rnine1als•0xploiling MAIAITRUC