Decree guiding a number of articles in the Law on Mineral
15:28 09/01/2017
On November 29, 2016, the Government issued Decree No. 158/2016/ND-CP guiding a number of articles in the Law on Mineral No. 60/2010/QH12 relating to the reimbursement of costs of geological baseline survey of mineral, costs of mineral exploration; periodical reports on mineral activities; mine managers; certification of owner’s equity; mineral planning; geological baseline survey of mineral; protection of interests of localities and inhabitants in the places where minerals are extracted, protection of minerals not been extracted; mineral areas and regulations on mineral activities; procedures for mineral operation licenses, approval for mineral deposits and mine closure.
According to the Decree, on the basis of the mineral planning approved, based on the demand serving the objectives of national defense and security or economic and social mission, the Ministry of Natural Resources and Environment take charge and cooperate with the Ministry of Planning and Investment, Ministry of Finance and the relevant ministries and agencies to evaluate and submit to the Governmental Prime Minister for the approval of the projects of mineral exploration and extraction performed by capital from the State budget.
Any entity is entitled to use the information on the mineral exploration invested by itself or use the information on the mineral potential assessment, mineral exploration and extraction belonging to the State possession that have been reimbursed the costs as prescribed in the Article 3 of this Decree and entitled to transfer and inherit in accordance with the regulation of the law.
This Decree comes into force from January 15, 2017 and amends Clause 2 of Article 3, Clause 1 of Article 6, Point b Clause 2 of Article 16; amends Clause 4 Article 15 of Decree No. 22/2012/ND-CP dated March 26, 2012 of the Government on auction of mining rights; amends Clause 2 of Article 3, Article 4, Article 5, Clause 3 of Article 6, Article 7 of Decree No. 203/2013/ND-CP dated November 28, 2013 of the Government on calculation method and charge for granting the mineral mining rights.
With regard to applications for mining licenses received before the effective date of this Decree which solid mineral reserves mobilized to extraction are less than 50% of total mineral reserves approved by the competent authority, the reserves to calculate the charge for granting the mineral mining right equal 50% of total approved mineral reserves. In case of mineral water extraction, the reserves to calculate the charge for granting the mineral mining right equal 30% of total approved mineral reserves.
According to the Decree, on the basis of the mineral planning approved, based on the demand serving the objectives of national defense and security or economic and social mission, the Ministry of Natural Resources and Environment take charge and cooperate with the Ministry of Planning and Investment, Ministry of Finance and the relevant ministries and agencies to evaluate and submit to the Governmental Prime Minister for the approval of the projects of mineral exploration and extraction performed by capital from the State budget.
Any entity is entitled to use the information on the mineral exploration invested by itself or use the information on the mineral potential assessment, mineral exploration and extraction belonging to the State possession that have been reimbursed the costs as prescribed in the Article 3 of this Decree and entitled to transfer and inherit in accordance with the regulation of the law.
This Decree comes into force from January 15, 2017 and amends Clause 2 of Article 3, Clause 1 of Article 6, Point b Clause 2 of Article 16; amends Clause 4 Article 15 of Decree No. 22/2012/ND-CP dated March 26, 2012 of the Government on auction of mining rights; amends Clause 2 of Article 3, Article 4, Article 5, Clause 3 of Article 6, Article 7 of Decree No. 203/2013/ND-CP dated November 28, 2013 of the Government on calculation method and charge for granting the mineral mining rights.
With regard to applications for mining licenses received before the effective date of this Decree which solid mineral reserves mobilized to extraction are less than 50% of total mineral reserves approved by the competent authority, the reserves to calculate the charge for granting the mineral mining right equal 50% of total approved mineral reserves. In case of mineral water extraction, the reserves to calculate the charge for granting the mineral mining right equal 30% of total approved mineral reserves.