In Vietnam, what documents does an application of licenses for salvage mining include? Which agencies have the competence to grant salvage mining licenses?
Rights and obligations organizations and individuals licensed for salvage mining
According to Clause 1 Article 69 of the Mineral Law 2010 of Vietnam, organizations and individuals licensed for salvage mining have the following rights:
- Organizations and individuals licensed for salvage mining have the rights provided at Points b, d, e, g, h and i, Clause 1, Article 55 of this Law and are not required to pay a fee for the grant of the mining right.
- Organizations and individuals licensed for salvage mining have the following obligations:
+ To pay a licensing fee, royalties, taxes and charges and fulfill other financial obligations provided by law; + To fulfill the obligations specified at Points b, d, e, f ,g ,h, i and j, Clause 2, Article 55 of this Law.
Issuance of licenses for salvage mining
What documents does an application of licenses for salvage mining include?
Pursuant to Article 70 of the Mineral Law 2010 of Vietnam stipulating dossiers of application for issuance, extension or return of licenses for salvage mining, specifically:
- A dossier of application for a license for salvage mining comprises:
+ An application for a license for salvage mining of minerals;
+ A map of the salvage mining area;
+ An investment project on salvage mining enclosed with the project-approving decision; a copy of the investment certificate;
+ An environmental impact assessment report or an environmental protection commitment;
+ A copy of the business registration certificate.
Simultaneously, according to Clause 1 Article 52 of Decree 158/2016/ND-CP stipulating applications for issuance, renewal or returning of salvage mining licenses as follows:
- Documents in an application for granting a salvage mining license as prescribed in Clause 1 Article 70 of the Law on Mineral is made into 01 set in the form as follows:
+ The original: Application from for granting the salvage mining license; map of mineral salvage mining area; project of mining investment attached the approval decision;
+ The original, certified true copy or the copy enclosed with original for collation of: report on environmental impact assessment attached to the approval decision or the plan for environment protection together with the confirmation of the competent authority; certificate of business registration.
Which agencies have the competence to grant salvage mining licenses?
Pursuant to Clause 1 Article 71 of the Mineral Law 2010 of Vietnam stipulating procedures for grant, extension or return of licenses for salvage mining as follows:
- Applicants for grant, extension or return of licenses for salvage mining shall submit dossiers at competent licensing state management agencies defined in Article 82 of this Law.
Reference to Article 82 of the Mineral Law 2010 of Vietnam stipulating competence to grant mineral exploration licenses and mining licenses as follows:
- The Ministry of Natural Resources and Environment may grant mineral exploration licenses and mining licenses in cases other than those specified in Clause 2 of this Article.
- Provincial-level People's Committees may grant mineral exploration licenses, licenses for mining of minerals for use as common construction materials, peat, and minerals in areas with scattered and small-scale minerals already identified and publicized by the Ministry of Natural Resources and Environment; and licenses for salvage mining.
- State management agencies competent to grant mineral exploration licenses, mining licenses or licenses for salvage mining may extend, revoke or approve the return of the licenses they have granted; approve the return of part of the exploration or mining areas; or approve the transfer of the exploration or mining right.
Compared with the above regulations, the agencies having competence to grant salvage mining licenses are Provincial-level People's Committees and Ministry of Natural Resources and Environment of Vietnam. Therefore, documents in an application for granting a salvage mining will be submitted to Provincial-level People's Committees and Ministry of Natural Resources and Environment. The application-receiving agencies and the competence to grant the license in each specific case shall comply with the above regulations.
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