| THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT - THE MINISTRY OF PLANNING AND INVESTMENT - THE MINISTRY OF FINANCE No. 61/2014/TTLT-BTNMT- BKHDT-BTC | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom – Happiness Hanoi, November 14, 2014 |
JOINT CIRCULAR
Guiding procedures for contributing capital to geological baseline surveys of minerals by organizations and individuals and management of their contributed capital [1]
Pursuant to November 17, 2010 Mineral Law No. 60/2010/QH12;
Pursuant to the Government’s Decree No. 15/2012/ND-CP of March 9, 2012, detailing a number of articles of the Mineral Law;
Pursuant to the Government’s Decree No. 21/2013/ND-CP of March 4, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;
Pursuant to the Government’s Decree No. 116/2008/ND-CP of November 14, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;
Pursuant to the Government’s Decree No. 215/2013/ND-CP of December 23, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
The Minister of Natural Resources and Environment, the Minister of Planning and Investment and the Minister of Finance promulgate the Joint Circular guiding procedures for contributing capital to geological baseline surveys of minerals by organizations and individuals and management of their contributed capital.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application
1. This Joint Circular guides procedures for the contribution of capital to geological baseline surveys of minerals by organizations and individuals (below referred to as investors) and management of their contributed capital prescribed at Point c, Clause 4, Article 10 of Decree No. 15/2012/ND-CP of March 9, 2012, detailing a number of articles of the Mineral Law (below referred to as Decree No. 15/2012/ND-CP).
2. This Joint Circular applies to state agencies and organizations and individuals engaged in or related to investment in geological baseline surveys of minerals.
Article 2. Conditions for investors to contribute capital to geological baseline surveys of minerals
An investor that contributes capital to a geological baseline survey of minerals must satisfy the following conditions:
1. Being an enterprise established under the Enterprise Law; a cooperative or an union of cooperatives established under the Law on Cooperatives; or a foreign enterprise with a Vietnam-based representative office or branch, that fully satisfies the conditions specified in Clause 1, Article 34 and Clause 1, Article 51 of the Mineral Law;
2. Having sufficient funds for implementing the whole project on the geological baseline survey of minerals as prescribed at Point b, Clause 3, Article 10 of Decree No. 15/2012/ND-CP.
Article 3. Rights of investors contributing capital to geological baseline surveys of minerals
1. To take part in the inspection, supervision and acceptance testing of the projects on geological baseline surveys of minerals they invest in.
2. To be given priority in using information on minerals in surveyed areas when conducting mineral activities.
3. To be selected for mineral exploration licensing as prescribed at Point b, Clause 2, Article 13 of Decree No. 15/2012/ND-CP.
4. To be refunded with funds already paid for geological baseline surveys of minerals in case of failing to obtain mineral exploration licenses as prescribed in Article 7 of this Circular.
[1] Công Báo Nos 1035-1036 (08/12/2014)
