Approval of National Mineral Reserve Areas for 10 Types of Minerals? What Does the Dossier for Approval of National Mineral Reserve Areas Include?
Approval of National Mineral Reserve Areas for 10 Types of Minerals?
On November 1, 2023, the Prime Minister of the Government of Vietnam issued Decision 1277/QD-TTg of 2023 on the approval of national mineral reserve areas.
According to Decision 1277/QD-TTg of 2023, there are 93 national mineral reserve areas for 10 specific types of minerals as follows:
- Energy coal: 02 areas.- Apatite ore: 02 areas.- Lead-zinc ore: 01 area.- Chromite ore: 03 areas.- Titanium ore: 14 areas.- Bauxite ore: 23 areas.- Iron-laterite ore: 14 areas.- White marble: 17 areas.- White sand: 15 areas.- Rare earth ore: 02 areas.
Approval of National Mineral Reserve Areas for 10 Types of Minerals? What are the components of the dossier proposing the approval of national mineral reserve areas? (Image from the Internet)
What are the components of the dossier proposing the approval of national mineral reserve areas?
According to Clause 2, Article 4 of Decree 51/2021/ND-CP, the dossier proposing the approval of national mineral reserve areas includes:
- A comprehensive report on the national mineral reserve area, detailing the level of investigation, evaluation, and exploration of minerals in the proposed approval area; land use status, structures, and projects on the surface at the time of delineating the national mineral reserve area (if any);- A proposal requesting the approval of the national mineral reserve area, including the following main information: the type of mineral to be reserved; resources, and reserves of each type of mineral to be reserved; coordinates, area, depth, and location of the area delineated as a national mineral reserve area; the duration of the mineral reservation;- A draft Decision approving the national mineral reserve area;- A map of the national mineral reserve area.
How to determine the duration of the national mineral reservation?
According to Clause 1, Article 6 of Decree 51/2021/ND-CP, the duration of mineral reservation in the national mineral reserve area is stipulated as follows:
Duration of Mineral Reservation in National Mineral Reserve Areas
1. The maximum duration of national mineral reservation is 50 years according to the approval decision of the Prime Minister of the Government of Vietnam. In special cases, for some areas and certain specific types of minerals, the national mineral reservation duration can be greater than 50 years but not exceeding 70 years, as decided by the Prime Minister of the Government of Vietnam.
2. If the duration of the national mineral reservation has expired and there is no need to add the reserved minerals to the planning for exploration, extraction, processing, and use of related minerals, the national mineral reservation duration will be extended. The determination of the reservation duration is implemented according to the provisions of Clause 2, Article 3, and Clause 1 of this Article.
According to Article 3 of Decree 51/2021/ND-CP, the delineation of national mineral reserve areas is as follows:
Delineation of National Mineral Reserve Areas
1. The delineation of national mineral reserve areas must meet the requirements prescribed in Clause 1, Article 29 of the Law on Minerals and must not be part of the planning for mineral exploration, extraction, processing, and use.
2. The determination of national mineral reservation duration according to the provisions of Clause 1, Article 6 of this Decree is implemented as follows:
a) The maximum reservation duration is applied to areas with natural advantages for developing resort tourism projects according to the tourism system planning; for developing environmentally friendly industrial projects according to related national sector planning;
b) For areas not covered by point a of this clause, the mineral reservation duration is determined based on the requirement to mobilize minerals for exploration and extraction to meet the mineral use needs serving the development of economic and social sectors in each period of the Mineral Strategy and the related planning for mineral exploration, extraction, processing, and use.
...
The maximum duration of national mineral reservation is 50 years. However, for some areas and certain specific types of minerals, the national mineral reservation duration can be greater than 50 years but not exceeding 70 years.
The determination of the national mineral reservation duration is implemented as follows:
- For areas with natural advantages for developing resort tourism projects according to the tourism system planning; for developing environmentally friendly industrial projects according to related national sector planning, the maximum duration will be applied.- For other areas, the mineral reservation duration is determined based on the requirement to mobilize minerals for exploration and extraction to meet the mineral use needs for the development of economic and social sectors in each period of the Mineral Strategy and the related planning for mineral exploration, extraction, processing, and use.
LawNet
