THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence- Freedom- Happiness ---------
No. 160/2005/ND-CP	Hanoi, December 27, 2005

DECREE

DETAILING AND GUIDING 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 proposal of the Minister of Natural Resources and Environment,

DECREES:

Chapter 1

GENERAL PROVISIONS

Article 1.- Regulation scope

This Decree details and guides the implementation of the Law on Minerals, passed on March 20, 1996, by the IX^th National Assembly at its 9th session, and the Law Amending and Supplementing a Number of Articles of the Law on Minerals, passed on June 14, 2005, by the XI^th National Assembly at its 7th session (hereinafter referred to collectively as the Law on Minerals).

Article 2.- Application subjects

Subject to this Decree are:

1. State management agencies in charge of minerals; state management agencies in charge of mineral exploitation and processing industries.

2. Organizations performing the tasks of basic geological survey of mineral resources.

3. Organizations and individuals engaged in mineral activities (including mineral prospecting, exploration, exploitation and processing).

4. Other organizations and individuals involved in the management and protection of mineral resources.

Chapter II

STATE MANAGEMENT OF MINERALS

Article 3.- Powers and responsibilities of the Ministry of Natural Resources and Environment in the state management of minerals

The Ministry of Natural Resources and Environment shall perform the function of state management of minerals in accordance with the provisions of Clause 2, Article 55 of the Law on Minerals, having the following powers and responsibilities:

1. To submit to the Government draft laws and legal documents on mineral resources; submit to the Prime Minister for promulgation or promulgate according to its competence legal documents on basic geological surveys of mineral resources, on management and protection of mineral resources and activities.

2. To elaborate, and direct the implementation of plannings and plans on basic geological surveys of mineral resources nationwide; approve state-funded schemes on, and reports on the results of basic geological surveys of mineral resources conducted under the State-assigned plans by units under the Ministry's management.

3. To determine mineral-deposited areas already surveyed and assessed according to the provisions of Clause 1, Article 9 of the Law on Minerals; supply to the Ministry of industry and the Ministry of Construction documents on surveys and evaluation of minerals in service of mineral exploration, exploitation, processing and use planning; zone off areas with hazardous minerals according to the provisions of Article 15 of the Law on Minerals and notify relevant state agencies thereof; organize the inventory of approved mineral deposits nationwide.

4. To grant, extend, withdraw and allow the return of mineral activity permits, to permit the transfer or further exercise of the rights to mineral activities in case of inheritance according to its competence provided for at Point a, Clause 1, Article 56 of the Law on Minerals.

5. To propagate, disseminate law on minerals, guide and inspect the observance the law on minerals by branches, localities, organizations and individuals; inspect and examine basic geological surveys of mineral resources and mineral activities as well as the management and protection of mineral resources.

6. To settle disputes, complaints and denunciations about basic geological surveys of mineral resources and mineral activities according to its competence provided for in Article 57 of the Law on Minerals and the law on complaints and denunciations.

7. To organize the registration, gathering and summing up of the results of basic geological surveys of mineral resources and the situation of mineral activities nationwide; organize the archive and management of mineral resource documents and samples in accordance with the provisions of law.

8. To act as the standing body of the Mineral Deposit Evaluating Council.

Article 4.- Powers and responsibilities of the Ministry of Industry and the Ministry of Construction in the state management of mineral exploitation and processing industries

1. The Ministry of Industry and the Ministry of Construction shall perform the function of state management of mineral exploitation and processing industries according to the provisions of Clauses 3 and 4, Article 55 of the Law on Minerals, having the following powers and responsibilities:

a/ To report to the Government policies, strategies, plannings and plans on mineral exploration, exploitation, processing and use under their respective management; direct and inspect the implementation thereof after they are approved.

b/ To report to the Prime Minister for approval regions where mineral exploration and exploitation may be put up for bidding under the provisions of Clause 2, Article 23 of this Decree;

c/ To promulgate regulations on mineral exploitation and processing standards, processes and technologies.

2. The Ministry of Industry shall promulgate lists of export minerals and minerals restricted from export, their conditions and standards.

Article 5.- Organization and operation of the Mineral Deposit Evaluating Council

1. The Mineral Deposit Evaluating Council is based at the Ministry of Natural Resources and Environment. Its membership shall be decided by the Prime Minister.

2. The Mineral Deposit Evaluating Council shall assist the Government in performing the following tasks:

a/ To evaluate, consider and approve mineral deposits stated in reports on exploration of minerals, except for minerals to be used as common building materials and peat.

b/To make statistics on mineral deposits, except for minerals used as common building materials and peat, and supply them to concerned agencies for elaborating mineral exploration, exploitation, processing and use plannings;

c/ To appraise regulations on decentralization of mineral deposits and regulations on the contents of reports on mineral deposit prospecting and evaluation for promulgation by the Minister of Natural Resources and Environment;

d/ To consider, approve and recognize mineral deposit calculation norms.

Article 6.- Powers and responsibilities of People's Committees at all levels in the state management of minerals

1. People's Committees of provinces or centrally-run cities (hereinafter referred to collectively as provincial-level People's Committees) shall have the following powers and responsibilities:

a/To promulgate according to their competence legal documents guiding the implementation of state regulations on management and protection of mineral resources as well as management of mineral activities in localities;

b/ To assume the prime responsibility for, and coordinate with the ministries of Natural Resources and Environment, Planning and Investment, Industry, Construction, Defense, Culture and Information, Agriculture and Rural Development, and Transport, and Vietnam National Administration of Tourism in, zoning off and reporting to the Prime Minister for decision regions where mineral activities are banned according to the provisions of Article 20 of this Decree; zone off and report to the Prime Minister for decision regions where mineral activities are temporarily banned according to the provisions of Article 21 of this Decree;

c/ To organize the elaboration of, and submit to the People's Councils of the same level for approval, plannings on exploration, exploitation, processing and use of minerals of types falling under their permit-granting competence provided for at Point b, Clause 1, Article 56 of the Law on Minerals;

d/ To direct the organization of popularization and dissemination of, and education about, the law on minerals; apply measures to protect mineral resources, environment and other natural resources in accordance with the provisions of law; ensure security and social order in regions where minerals exist;

dd/ To approve mineral deposits stated in reports on exploration of minerals used as common building materials and peat;

e/To grant, extend, withdraw and allow the return of mineral activity permits; permit the transfer or further exercise of the rights to mineral activities in case of inheritance according to their competence provided for at Point b, Clause 1, Article 56 of the Law on Minerals;

g/ To report to the Prime Minister for approval and publicization regions for bidding for exploration or exploitation of minerals used as common building materials and peat, and minerals in the already surveyed, evaluated or explored regions; approve mineral deposits which are not included in the national planning on mineral exploration, exploitation and processing already approved by competent state bodies or not subject to national mineral reserves; organize biddings in accordance with regulations after getting approval;

h/ To direct inspection and examination of the observance of the law on minerals in localities; settle, or join in the settlement of, disputes, complaints or denunciations about mineral activities and handle violations of the law on minerals in localities according to their competence provided for in Article 57 of the Law on Minerals and the law on complaints and denunciations;

i/ To handle the assignment or lease of land for mineral activities in localities in accordance with the provisions of land law.

2. Provincial/municipal Services of Natural Resources and Environment, Services of Industry and Services of Construction shall assist provincial-level People's Committees in performing the state management of minerals and mineral exploitation and processing industries. The state management tasks and powers of provincial/municipal Services of Natural Resources and Environment, Services of Industry and Services of Construction shall be stipulated by the Minister of Natural Resources and Environment, Minister of Industry and Minister of Construction, respectively.

3. People's Committees of urban districts, rural districts, provincial towns or cities, and communes, wards or townships shall have the following powers and responsibilities in the state management of minerals:

a/ To apply measures for management and protection of mineral resources, environment and labor safety in mineral activities; ensure security and social order in regions where minerals exist;

b/ To handle according to their competence procedures for assignment or lease of land, use of infrastructure, and other related issues for organizations and individuals permitted to explore, exploit and/or process minerals in localities in accordance with the provisions of law;

c/To propagate, disseminate and educate about the law on minerals; handle violations in accordance with the provisions of law.

Chapter III

BASIC GEOLOGICAL SURVEY OF MINERAL RESOURCES

Article 7.- Activities of basic geological survey of mineral resources

Basic geological survey of mineral resources shall include the following activities:

1. Surveying and discovering mineral potentiality and concurrently elaborating regional geological maps, maps of geological incidents, environmental geology, marine mineral geology, topical maps, and conducting research into geological and mineral topics.

2. Assessing mineral resource potentiality of each mineral type or group and prospective geological structures in order to discover new mines.

Article 8.- Management of activities of basic geological survey of mineral resources

1. Activities of basic geological survey of mineral resources shall be conducted simultaneously with basic geological survey under the state planning" and plans.

2. Based on the planning on basic geological survey of mineral resources already approved by the Prime Minister and the assigned state budget plans, ministries and ministerial-level agencies shall organize the evaluation and approval of schemes on, and reports on the results of, basic geological surveys of mineral resources conducted by their attached units.

3. The Ministry of Natural Resources and Environment shall specify the contents of projects on basic geological survey of mineral resources, the state geological archives and a geological museum; promulgate norms and unit prices in basic geological surveys of mineral resources.

Article 9.- Rights and obligations of organizations conducting basic geological surveys of mineral resources

1. Organizations conducting basic geological surveys of mineral resources shall have the following rights:

a/ To conduct activities of basic geological survey of mineral resources according to projects already ratified by competent agencies and assigned plans;

b/ To be commended and/or rewarded by the State when recording achievements in geological and mineral researches and discoveries;

c/ To send samples abroad for analysis and testing under the schemes already approved by competent state agencies.

2. Organizations conducting basic geological surveys of mineral resources shall have the following obligations:

a/ To observe econo-technical processes, regulations and norms in activities of basic geological survey of mineral resources;

b/ To ensure truthfulness and sufficiency of collected and synthesized data and information on geology and minerals; to keep state secrets about information on geology and minerals in accordance with the provisions of law;

c/ To protect the environment, mineral resources and other resources in the process of conducting basic geological surveys of mineral resources;

d/ To submit reports on the results of basic geological surveys of mineral resources to the Geological Archives and geological and mineral samples to the Geological Museum of the Ministry of Natural Resources and Environment.

Article 10.- Storing of results of basic geological surveys of mineral resources

1. Reports on the results of basic geological surveys of mineral resources as well as geological and mineral samples must be registered and preserved at the Geological Archives and Geological Museum of the Ministry of Natural Resources and Environment.

2. The Geological Archives and Geological Museum shall have to preserve state secrets about data and information on mineral resources, geological samples and minerals; create favorable conditions for organizations and individuals to refer to and use data and information on mineral resources in accordance with the provisions of law.

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