📋 Tender Overview
This Decree details the term of group IV mineral exploitation licenses; the extension, adjustment, return, revocation, and termination of group IV mineral exploitation licenses; appraisal agencies, dossiers, procedures, and processes for granting, extending, adjusting, returning, and revocation of group IV mineral exploitation licenses; environmental protection, environmental improvement, and restoration in group IV mineral exploitation; and the handling of surplus minerals specified in Point d, Clause 2, Article 73 of the Law on Geology and Minerals.
The Decree clearly states that the license to exploit Group IV minerals (called the exploitation license) granted to organizations and individuals specified in Clause 1, Article 72 of the Law on Geology and Minerals has a maximum term of no more than 10 years, including the basic construction period and the exploitation period determined according to the mineral exploitation investment project. The term of the exploitation license may be extended multiple times according to the provisions of Article 7 of this Decree, but the total extension period shall not exceed 5 years.
The mining license granted to the organization specified in Clause 2, Article 72 of the Law on Geology and Minerals has a maximum term equal to the implementation term of the project or construction using minerals stated in the mining license, including the basic construction period and the mining period. The term of the mining license may be extended multiple times according to the provisions of Article 7 of this Decree, but the total period of issuance and extension shall not exceed the implementation term (including the extended or adjusted term) of the project or construction using minerals stated in the mining license.
Agency for handling applications for granting, extending, adjusting, returning, and revoking mining licenses
The one-stop department is the agency that receives the dossier and is responsible for receiving the dossier when the dossier has all the required components. In case the dossier does not have all the required components, the one-stop department will not receive the dossier and will clearly state the reason for not receiving it in the request form for additional documents and completion of the dossier according to the Government's regulations on receiving administrative procedure dossiers.
The specialized agency on geology and minerals under the People's Committee of the province appraises the dossiers for granting, extending, adjusting, returning, and revoking mining licenses.
Provincial People's Committees issue, extend, adjust, return and revoke mining licenses.
Requesting organizations and individuals to supplement and complete dossiers for granting, extending, adjusting and returning mining licenses is carried out as follows:
During the process of appraisal, submission of dossiers for issuance, extension, adjustment, and return of mining licenses, in case the dossier needs to be supplemented or completed, the dossier appraisal agency shall issue a written request for the organization or individual to supplement or complete, clearly stating the content that needs to be supplemented or completed. The request for supplement or completion of the dossier shall only be made once. In case the completed dossier does not meet the requirements for supplementation or completion the first time, it may be requested to supplement or complete again, but no new requirements may be created.
The time for completing and supplementing documents is not included in the time for appraisal, submission, extension, adjustment, return, and revocation of mining licenses.
In case after supplementing and completing the dossier, the dossier still does not meet the requirements as prescribed, the dossier appraisal agency will stop the appraisal and return the dossier for requesting the issuance, extension, adjustment, or return of the mining license. Organizations and individuals in this case have the right to re-submit the dossier, but it will be considered a new dossier.
Conditions for granting mining licenses
Conditions for granting mining licenses to organizations and individuals are specified in Clause 1, Article 72 of the Law on Geology and Minerals as follows:
a) There is an investment policy decision or a document approving the investment policy for a mineral exploitation investment project that is subject to investment policy approval according to the provisions of the law on investment,
b) There is a decision approving the report on the results of the appraisal of the environmental impact assessment report or an environmental license according to the provisions of the law on environmental protection;
c) In accordance with the principles of mineral exploitation prescribed in Clause 2, Article 73 of the Law on Geology and Minerals;
d) The area for which the mining license is requested has survey results, general information assessment for group IV minerals or mineral exploration results confirmed, recognized or approved by a competent authority;
d) Have documents that meet the requirements for acceptance according to regulations.
Conditions for granting mining licenses to organizations specified in Clause 2, Article 72 of the Law on Geology and Minerals are as follows: Meeting the requirements specified in Point c and Point d above; having a dossier that meets the conditions for acceptance according to regulations.
