THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 07/2009/ND-CP
Hanoi, January 22, 2009
 
DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 160/2005/ND-CP OF DECEMBER 27, 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
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the March 20, 1996 Law on Minerals and the June 14, 2005 Law Amending and Supplementing a Number of Articles of the Law on Minerals;
At the proposed of the Minister of Natural Resources and Environment,
DECREES:
Article 1. To amend and supplement a number of articles of the Government's Decree No. 160/ 2005/ND-CP of December 27.2005, 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 (below referred to as Decree No. 160/ 2005/ND-CP), as follows:
1. To add Clause 2a to, and amend and supplement Clause 3 of, Article 3 as follows:
"2a/To determine, approve and publicize areas opened to bidding for mineral exploration or exploitation under Article 23 (amended and supplemented) of Decree No. 160/2005/ND-CP; and to organize bidding under regulations.
3. To determine areas in which mineral resources have been surveyed and assessed under Clause 1, Article 9 of the Law on Minerals; to supply the Ministry of Industry and Trade and the Ministry of Construction with mineral survey and assessment documents to serve mineral exploration, exploitation, processing and use planning; to determine and submit to the Prime Minister for decision national mineral-resource reserve areas under Article 23a (amended and supplemented) of Decree No. 160/2005/ND-CP; to zone off areas where exist hazardous minerals under Article 15oftheLawon Minerals and notify concerned state agencies thereof; and to organize an inventory of approved mineral deposits nationwide."
2. To amend and supplement Point b of Clause 1, and Clause 2, of Article 4 as follows:
"b/To collaborate with the Ministry of Natural Resources and Environment in determining areas opened to bidding for mineral exploration or exploitation under Article 23 (amended and supplemented) of Decree No. 160/2005/ND-CP;
2. The Ministry of Industry and Trade shall promulgate a list, conditions and criteria for export or restricted export, of minerals, excluding those used as construction materials or raw materials for cement production; the Ministry of Construction shall promulgate a list, conditions and criteria for export or restricted export, of minerals used as construction materials or raw materials for cement production."
3. To amend and supplement Points b and g. Clause 1 of Article 6 as follows:
b/ To assume the prime responsibility for, and collaborate with the Ministries of Natural Resources and Environment; Industry and Trade; Construction; Defense; Public Security; Culture, Sports and Tourism; Agriculture and Rural Development; Transport; and Home Affairs, and concerned ministries and branches in, zoning off and approving areas where mining is banned under Article 20 (amended and supplemented) of Decree No. 160/2005/ND-CP; to zone off and submit to the Prime Minister for approval areas where mining is temporarily banned under Article 21 of Decree No. 160/ 2005/ND-CP;
g/ To determine, approve and publicize areas opened to bidding for mineral exploration or exploitation under Article 23 (amended and supplemented) of Decree No. 160/2005/ND-CP; and to organize bidding under regulations;"
4. To amend and supplement Points e and f Clause 3 of Article 12 as follows:
"e/ Identifying national mineral-resource reserve areas already decided by the Prime Minister;
f/ Identifying areas where mining is banned or temporarily banned and areas opened to bidding for mineral exploration or exploitation already approved by competent authorities under regulations;"
5. To add Point d below to Clause 2 of Article 17:
d/ If applying for licenses to exploit minerals for use as ordinary construction materials for which exploration is not required under Clause 2. Article 41 (amended and supplemented) of the Law on Minerals, apart from the conditions specified at Points a, b and c of this Clause, applicants must also satisfy the condition that to-be-exploited products will be used only for maintaining or repairing infrastructure works or dikes."
6. To amend and supplement Points d and f of Clause 1, and Clause 2 of Article 20 as follows:
"d/ Areas within safety protection corridors or boundaries of transport infrastructure works, or within safety protection corridors of high-voltage grids, irrigation works, dikes or communication works;
f/ Urban centers, trade zones, tourist zones or important infrastructure works: industrial parks, excluding areas under mineral processing projects.
2. Provincial-level People's Committees shall decide to approve areas where mining is banned after obtaining written agreements of concerned ministries and branches and notify in writing the
Ministry of Natural Resources and Environment, the Ministry of Industry and Trade and the Ministry of Construction."
7. To amend and supplement Article 23 as follows:
"Article 23. Areas opened to bidding for mineral exploration or exploitation
1. Areas opened to bidding for mineral exploration or exploitation include:
a/ Areas in which natural resource potential has been surveyed and assessed with state budget funds and which have natural resource prospects and are approved by competent authorities to be opened to bidding for mineral exploration;
b/ Mines which have been explored with state budget funds and are approved by competent authorities to be opened to bidding for mining.
2. Competence and responsibilities to determine, approve and publicize areas opened to bidding for mineral exploration or exploitation:
a/ The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and collaborate with the Ministry of Industry and Trade and the Ministry of Construction in, determining areas opened to bidding for mineral exploration or exploitation, except those falling within the approval competence of provincial-level People's Committees under Point g. Clause I. Article 6 (amended and supplemented) of Decree No. 160/2005/ND-CP, and decide to approve these areas after obtaining written agreements of the Ministry of Industry and Trade and the Ministry of Construction;