In the near future, the form of receiving results of administrative procedures for transferring mineral exploration rights to be chosen by Vietnamese citizens?
- What is the form of returning the results of the application for a mineral operation license in Vietnam according to current regulations?
- How to reduce and simplify administrative procedures for transferring mineral exploration rights in Vietnam?
- How to apply for, renew and return a mineral exploration license in Vietnam according to current regulations?
What is the form of returning the results of the application for a mineral operation license in Vietnam according to current regulations?
According to Article 48 of Decree 158/2016/ND-CP stipulating the form of returning the result of applications for mineral operation licenses as follows:
- An application for mineral operation license or an application for mine closure shall be directly submitted or sent by post to the receiving authority as prescribed in clause 1 and clause 3, Article 47 of this Decree or via online public services.
An application for approval for mineral reserves shall directly submitted to the receiving authority as prescribed in clause 2 and clause 3, Article 47 of this Decree.
- The processing time prescribed in clause 2, Article 48, clause 2, Article 50, clause 2, Article 60 and clause 2, Article 71 of the Law on mineral shall begin from the date on which the receiving authority provides a receipt note.
- The processing results shall be given as follows:
+ The processing results related to an application for mineral operation license, including an application for registration of mining areas and quantity in terms of mineral as general building materials in construction areas of projects, application for registration of quantity of sand and gravels recovered from project of dredging, widening of canals shall be directly given at the premises of the receiving authority;
+ The processing results related to an application for approving and certifying mineral reserves in exploration findings; an application for mine closure shall be directly given at the premises of the receiving authority or by post.
In the near future, the form of receiving results of administrative procedures for transferring mineral exploration rights to be chosen by Vietnamese citizens?
How to reduce and simplify administrative procedures for transferring mineral exploration rights in Vietnam?
According to Decision 721/QD-TTg in 2022, regulations on reducing and simplifying administrative procedures are as follows:
Administrative procedure 3: Transfer of mineral exploration right (administrative procedure code: 2.001742)
(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
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. Therefore, expanding ways to create favorable conditions for individuals and organizations in the implementation of administrative procedures.
- Abolish the application component: Certificate of business registration or Certificate of business registration.
Reason: Exploit on national database of business registration.
- Providing online public services at level 4 in the direction of digitization, integration and data sharing for profile components; documents proving that the transferring organization or individual has fulfilled the obligations specified at Points b, c, d and e, Clause 2, Article 42; Clause 3, Article 43 of the Law on Minerals.
Reason: The provision of online public services at level 4 and integration and sharing of data to eliminate the document component in order to reduce paperwork, cut printing and postal costs, and save time. , convenient for the object to perform.
- Reducing 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 4, Article 49, and Point b, Clause 1, and Point b, Clause 2, Article 65 of Decree No. 158/2016/ND-CP.
- To amend Point d, Clause 4, Article 47 of the Law on Minerals.
- Implementation roadmap: 2022-2024.
How to apply for, renew and return a mineral exploration license in Vietnam according to current regulations?
According to Article 47 of the 2010 Mineral Law and Clause 11 of Article 8 of the Law amendments to some articles concerning planning of 37 laws related to the 2018 planning, dossiers of application for, extension or return of mineral exploration licenses, return of part of the exploration area, or transfer of the mineral exploration right is as follows:
- A dossier of application for a mineral exploration license comprises:
+ An application for a mineral exploration license;
+ The mineral exploration project must be conformable with relevant planning as prescribed by the law on planning;;
+ A map of the exploration area;
+ Art environmental protection commitment, in case of exploration of toxic minerals;
+ A copy of the business registration certificate; for a foreign enterprise, a copy of the decision establishing its Vietnam-based representative office or branch is also required;
+ A document certifying the applicant's equity Capital under Point c, Clause 2, Article 40 of this Law;
+ A document certifying the winning of the mineral exploration right for unexplored areas, in case of winning the mining right through auction.
- A dossier for extension of a mineral exploration license comprises:
+ An application for extension of a mineral exploration license;
+ A report on exploration results; and a plan for further exploration;
+ A map of the exploration area, excluding at least 30% of the area explored under the granted license.
- A dossier for return of a mineral exploration license or return of part of the exploration area comprises:
+ An application for return of a mineral exploration license or return of part of the exploration area;
+ A report on exploration results;
+ A map of the exploration area and a plan for further exploration, in case of return of part of the exploration area.
- A dossier for transfer of the mineral exploration right comprises:
+ An application for transfer of the mineral exploration right;
+ A contract on transfer of the mineral exploration right;
+ A report on exploration results and fulfilled obligations by the time of application;
+ A copy of the transferee's business registration certificate; for a foreign enterprise, a copy of the decision establishing its Vietnam-based representative office or branch is also required.
Thus, compared with the previous regulations, in the near future, people will be able to choose the form of receiving results of administrative procedures for transferring mineral exploration rights instead of receiving results directly at the application-receiving agency.
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