Circular No. 129/2011/TT-BTC prescribing rates, collection, remittance, management and use of the fee for grant of mining licences

42 OFFICIAL GAZETTE Issue nos 09·10fSeplember 2011 (Gong BaD nos 521-52210ctooor8, 2011) THE MINISTRY QF FINANCE Circular No. 129/20111TT-BTC of September 15, 2011, prescribing rates, collection, remittance, management and use of the fee for grant of mining licenses Pursuant to Law No. 601201OIQH12 on Minerals; Pursuant to Ordinance No. 38/2001lPL- UBTVQHIO on Charges and Fees; e VIETNAM LAW &LEGAL ORUM Issue nos 09·1 OfSeptember 2011 OFFICIAL GAZETTE 41 (Gong Bao nos 519-520/0ctober 5,2011) Part I. LEGAL DOCUMENTS To permit the renunciation of Vietnamese nationality of 1,073 persons currently residing in the Republic of Korea. THE MINISTRIES This Decision takes effect on the date of its slgnll1g.- THE MINISTRY OF FINANCE - THE MINISTRY QF PLANNING AND INVESTMENT- THE MINISTRY OF INFORMA1l0N AND COMMUNIC4TlONS THE PRIME MINIS'ffiR Joint Circular No. 131/2011n'TLT-BTC- BKHDT-BTTTT of September 22, 2011, DecisionNo.16691QD-TTgofSepWlnber26, guiding the management and usc of state 2011, replacing deputy head of tlreentraI budget funds for implementing the national .-. Steering Committee for Revi~ng the target program for providing information Implementation of the 2003 ~d Law for mountainous, deep-lying remote and (amended) border areas and islands This Decision takes effect on th~te of its This Joint Circular takes effect on November signing.- 7,2011.- THE GOVERNMENT OFFfli:E Notice No. 230ffB-VPCP ofSep~ber 27, Part II. OTHER DOCUMENTS 2011, on conclusions of Depti~ Prime Minister Nguyen Thien Nhan in t~ational THE STATE PRESIDENT conference to preliminarily review the first six months' implementation of the Prlme Minister's Decision No. 1956/QD-TTg of Decision No. 1655/QD-CTN of September November 27, 2009, on the scheme .,Q. 26, 2011, permitting the renunciation of vocational training for rural laborers Vietnamese nationality through 2020 , 0 VIETNAM LAW & LEGAL FORUM Issue nos 09·1 OfSeptember 2011 OFFICIAL GAZETTE 43 (Gong Beo nos 521-522/0ctober 8, 2011) Pursuant to the Government's Decree No. - VND 15,OOO,OOO/license, for an explored 5712002/ND-CP ofJune 3,2002, detailing the area of over 50,000 ha. Ordinance 011 Charges and Fees; and Decree b/ For exploitation activities, fee rates are No. 2412006/ND-CP of March 6, 2006, specified in the Table of fee rates for grant of amending and supplcmc nti ng a number of ruining licenses, promulgated together with this articles ofDecree No. 5712002/ND-CP ofJune Circular. 3,2002; c/ VND 5,OOO,OOO/license, f~alvage Pursuant to the Government's Decree No. exploitation activities. 11812008/ND-CP of November 27, 2008, In case of extension of licenses ~·grant defining the functions, tasks, powers and of licenses upon transfer or inherita~persons organizational structure of the Ministry of having their licenses extended or tr~rees or Finance; heirs shall pay the fee at rates equaIl'o-§U% of After consulting the Ministry of Natural the above fee rates. Resources and Environment's Official Letter 2. The fee for grant of mining 1il-6ses shall No. 2918/BTNMT-TC ofAugust 9.2011. be paid in Vietnam dong. Foreign or§zations or individuals that wish to pay fees ~ foreign The Ministry of Finance prescribes rates, currency shall pay them at the averag~ter-bank collection, remittance, management and use of foreign exchange rate announced b;::::ihe State the fcc for grant of mining licenses as follows: Bank of Vietnam at the time of fee p~ent. 41'" Article 1. Fee payers Article 3. Fee collection, re:<'ttance, When being granted by competent state management and use agencies mining licenses under the Law on 1. State agencies competent to gr<!l'fl: mining Minerals, Vietnamese and foreign organizations licenses shall collect the fee. and individuals shall pay the fee for grant of mining licenses under this Circular. 2. Fee-collecting agencies sh~egister, declare and remit the collected fee afMl'unt into • the state budget under the Ministry oUiinance's Article 2. Fee rates Circular No. 63/2002f1TBTC of Ju lt34, 2002, I. The fee rate for a mining license is guiding regulations on charges and fees; specified as follows: Circular No. 45/2006/TT-BTC of May 25~< af For exploration activities: 2006, amending and supplementing Circular No. 63/2002/TTBTC of July 24, 2002; Circular - VND 4,OOO,OOOllicl:nse, fur an explored area of under 100 hectares (ha); No. 28/20 nrrr. BTC of February 28, 2011, guiding a number of articles of the Tax - VND IO,OOO,OOO/license, for an explored Administration Law and the Government's area of between 100 ha and 50,000 ha; Decree No. 85/2007/ND-CP of May 25, 2007, , ' C VIETNAM LAW & LEGAL FORUM OFFICIAL GAZETTE Issue nos 09-10/September 2011 (Gong B{1O nos 521-52210ctober 8, 2011) and the Government's Decree No. 106/2010/ exclusive mineral exploration; Joint Circular ND·CP of October 28, 2010. No, J6-TT/LB of March II, 1993, of the Ministry of Finance and the Ministry of Heavy 3. The fee for grant of mining licenses Industries, prescribing rates of the fee for grant constitutes a state budget revenue. Fee- of geological investigation and mine cullecling agencies shall remit the whole exploitation and the Minister of Finance's collected fee amount into the state budget Decision No. 1186/20 lO/QD-BTC of May 26, according to the corresponding chapter. 2010, correcting Circular Nu. 184/2009n'T- categor~lause, item and sub-item of the BTC of September 15, 2009, prescribing the current . 9r:ne Budget Index. ~ collection, remittance, management and use of the fee for grant of mining licenses and the fee ArtidQA. Effect for excl usive mineral exploration. 1. T~ircular takes effect on November 3. Any problems arising in the course of 1,2011. implementation should be promptly reported to 2. Thrf"Circular supersedes the Ministry of the Ministry of Finance for study and guidance- • .,.... Finance's-Circular No. 155/201OfIT-BTC of For the Minister of Finance October~, 2010, prescribing the collection, remittassee rnanagement and use of the fee for Deputy Minister grant 0eining licenses a nd the fee for DO HOANG ANH TUAN Table of fee rates for grant of mining licenses (PrtmPPtlgated together with the Ministry ofFinance's Circular No. 129120101Tf-BTC of Septemb er 15,2 all) '!--- Fee rate (VND No. Groups of mining licenses million/license) 1 ~ense for exploitation of stream bed sand and gravel: 1.1 I'!If an output of under J,OOU m ..... 3/Year; 1 3/year; 1.2 Of an output of between 5,000 m' and 10,000 m 10 1.3 Of an output of over 10,000 rrr/year; 15

2 License for exploitation of minerals for use as ordinary construction materials, without using industrial explosive materials: 2.1 License for exploitation of minerals for use as ordinary 15 construction materials on an Meil of under 10 ha and of an output of under 100,000 m 3/year; © VIETNAM LAW & LEGAL FORUM Issue nos 09·10/September 2011 OFFICIAL GAZETTE:. 45 (Cong BaD nos 521·52210clober 8,2011) --- --- - - -- 2.2 License for exploitation of minerals for use as ordinary 20 construction materials on an area of 10 ha or more and of an output of under lUO,OOO lll'/year. or minerals for use as ordinary construction materials on an area of under 10 ha and of an output of 100,000 m'iyear or more, and peat, except exploitation of stream bed sand and gravel specified in Section 1 of this Table: 2.3 License for exploitation of minerals for use as cement materials or 30 ordinary construction mater iah un all area of 10 ha or more and of an output of I(Kl,OOO m'/year or more. except exploitation of stream bed sand and gravel specified in Section 1 of this Table;

3 License for exploitation of minerals for use as cement materials '40 or ordinary construction materials. using industrial explosive materials; flooring and wull covering stones and mineral water.

4 License for open-cast exploitation of minerals, except minerals listed at Points 1,2,3,6 and 7 of this Table: - - -~~ 4.1 Without using industrial explosive materials; 40 .-5'0 47 1 lsing industrial ex nlos ive materials.

5 License for underground exploitation of minerals. except 6e ~ .... minerals mentioned at Points 2, 3 and 6 of this Table. ",....

6 License for exploitation of precious and rare minerals. W . r

7 License for exploitation of special and hazardous minerals. -'-- - leo ---- -