In the near future, it is possible to return the results of administrative procedures in Vietnam for the extension of the mining license in the manner requested by the people?
- What is the current form of receiving and returning the results of the application for a license for mineral activities?
- In the near future, the administrative procedures in Vietnam for the extension of the mining license can return results in the way that people request?
- What is the order of carrying out procedures for returning mineral exploration license and mining license?
What is the current form of receiving and returning the results of the application for a license for mineral activities?
According to Article 48 of Decree 158/2016/ND-CP stipulating the form of receiving and returning results of mineral activity license dossiers as follows:
- Dossier for mineral operation license, application for mineral mine closure shall be submitted directly or by post to the application-receiving agency specified in Clauses 1 and 3, Article 47 of this Decree, or made through online public services.
Dossier of application for approval of mineral reserves shall be submitted directly to the application-receiving agency specified in Clauses 2 and 3, Article 47 of this Decree.
- The time for processing the application is specified in Clause 2, Article 48; Clause 2 Article 50; Clause 2, Article 60 and Clause 2, Article 71 of the Law on Minerals are counted from the date on which the receiving agency receives the application receipt.
- The return of settlement results is done as follows:
+ For the application for a license for mineral activities, including the application for registration of the area, the volume of mineral extraction for use as common building materials in the construction project area, the application for registration of the block the amount of sand recovered from the projects of dredging and clearing channels is carried out directly at the application-receiving agency;
+ For dossiers of approval, recognition and certification of reserves in mineral exploration reports; The application for mineral mine closure shall be made directly at the application-receiving agency or by post.
In the near future, it is possible to return the results of administrative procedures in Vietnam for the extension of the mining license in the manner requested by the people?
In the near future, the administrative procedures in Vietnam for the extension of the mining license can return results in the way that people request?
According to Decision 721/QD-TTg in 2022, regulations on reducing and simplifying administrative procedures in Vietnam are as follows:
Administrative procedure 4: Renewal of mining license (administrative procedure code: 1.004314)
(1) Content reduction, simplification
- Modifying the receiving agency: The Office of Receiving and Returning results of administrative procedures of the Ministry of Natural Resources and Environment is responsible for receiving and returning results of handling administrative procedures under the licensing authority of the Ministry of Natural Resources and Environment. Ministry of Natural Resources and Environment.
Reason: Comply with Decree No. 61/2018/ND-CP.
- Modifying the form of returning administrative procedure results in the direction of expanding the method of receiving results at the request of organizations and individuals.
Reason: The current regulations only stipulate receiving results directly at the application-receiving agency.
- Providing online public services at level 4 in the direction of digitization, integration and data sharing for profile components; documents proving the performance of obligations specified at Points a, b, c, dd, e and g, Clause 2, Article 55 of the Law on Minerals by the time of application for extension.
Reason: The provision of online public services at level 4 cuts printing and postal costs, saves time, and is convenient for the beneficiaries.
- Reduce the time for reviewing and checking the validity of the application from 05 days to 03 working days.
Reason: It is appropriate to check the legality and completeness of the licensing dossier within 3 working days.
(2) Recommendations for implementation:
- Amendment to Article 47, Point a, Clause 3, Article 48, Point b, Clause 2, Article 51, Point b, Clause 1 and Clause 2, Article 65 of Decree 158/2016/ND-CP.
- Implementation roadmap: 2022-2024.
What is the order of carrying out procedures for returning mineral exploration license and mining license?
According to Clauses 1 and 2, Article 65 of Decree No. 158/2016/ND-CP stipulating the order of carrying out procedures for extension, transfer, return of part of area, return of mineral exploration license, mining license mineral extraction; extension and return of the license for salvage mining as follows:
- Receipt of dossiers shall be carried out as follows:
+ Organizations and individuals requesting extension, transfer, return of part of the area or return of mineral exploration license or mineral extraction license; renew and return the license for salvage mining and submit the application to the application-receiving agency;
+ Within no more than 5 days, the application-receiving agency is responsible for examining the documents and documents contained in the application. In case the documents and documents comply with regulations, the receiving agency shall issue the application receipt form.
In case the dossier is incomplete with documents and documents as prescribed or sufficient but the contents of the documents and documents in the dossier do not meet the provisions of law, the dossier-receiving agency shall provide instructions in writing. for organizations and individuals to supplement and complete dossiers. The application-receiving agency's guidance, request for supplementation and completion of the dossier shall only be performed once.
- The appraisal of dossiers is carried out as follows:
+ Within 5 days from the date of receipt of the application form, the application-receiving agency shall complete the examination of coordinates and area of the proposed extension, transfer or return. part of the area shall be returned to the Mineral Exploration License and Mineral Mining License; no more than 03 days in case of extension or return of the license for salvage mining, including field inspection;
- Within 30 days, the application-receiving agency must complete the appraisal of documents, dossiers and other contents related to the extension, transfer, return of part of the area, return mineral exploration license, mineral mining license; no more than 05 days for the case of extension or return of the license for salvage mining.
- Submit the application to the licensing authority:
+ Within no more than 2 days from the date of completion of the tasks specified in Clause 2 of this Article, the application-receiving agency shall complete and submit the dossier to the competent state agency for licensing. ;
+ Within 05 days from the date of receipt of the dossier from the dossier-receiving agency, the licensing state agency shall decide whether or not to allow the extension, transfer or return of the application. part of the area shall be returned to the Mineral Exploration License and Mineral Mining License; within 03 days in case of extension or return of the license for salvage mining. In case of refusal, it must reply in writing and clearly state the reason.
- Return the results of the settlement of records
- Within no more than 03 days from the date of receipt of the dossier from the competent state agency in charge of licensing, the receiving agency shall notify the requesting organization or individual for extension, transfer or payment. return part of the area, return the mineral exploration license, the mineral mining license; no more than 02 days, in case of extension, return the license for salvage mining to receive results.
Thus, in the near future, administrative procedures in Vietnam for the extension of mineral mining licenses can return results in the way that people request instead of only receiving them at state agencies.
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