Shall the mining right in areas for which exploration results have been approved in Vietnam be auctioned?
What areas are subject to auction of the mining right in Vietnam?
Pursuant to the provisions of Clause 1, Article 78 of the Law on Mineral 2010, areas subject to auction of the mining right are as follows:
Areas subject to auction of the mining right
1. Auction of the mining right shall be conducted for mineral activity areas, except areas identified by competent state agencies as not subject to auction of the mining right.
2. The Government shall specify criteria for identifying areas not subject to auction of the mining right.
3. The Ministry of Natural Resources and Environment shall submit to the Prime Minister for decision areas not subject to auction of the mining right which fall within its licensing competence defined in Article 82 of this Law.
4. Provincial-level People's Committees shall decide on areas not subject to auction of the mining right which fall within their licensing competence defined in Article 82 of this Law.
Auction of the mining right shall be conducted for mineral activity areas, except areas identified by competent state agencies as not subject to auction of the mining right
Pursuant to the provisions of Clause 1, Article 22 of Decree 158/2016/ND-CP, the zoning of area where the minerals exist and is the area in which the mining right is not subject to auction as stipulated in clause 1, Article 78 of the Mineral Law when it satisfy one of the following criteria:
- The area having coal, uranium and thorium;
- The area having limestone, clay stone used as raw materials for cement production or the minerals are adjusted additives for cement production that are identified as the raw materials for the cement plant projects; the area where the minerals exist is identified as the raw materials for the intensive mineral processing plant projects that was approved in the principle by the Governmental Prime Minister; the area having mineral water, natural thermal water associated with investment projects using mineral water which are issued with investment certificates or decision on investment policies;
- The mineral area located in the national border belt, the strategic area of the national defense;
- The area that has the projects for work construction investment as stipulated at Clause 2, Article 64, Point b Clause 1 Article 65 the Law on Mineral 2010;
- The mineral area that is used as the general constructional materials determined for exploitation to supply the raw material to serve the construction of works funded by State budget (development of traffic system; irrigation works, hydropower plants); facilities against natural disasters and hostility; the area having minerals used as fill materials for traffic system, irrigation works specified in a program for new rural construction;
- The area of mineral activities where the mineral exploration and exploitation in that area are limited as stipulated at point a, clause 2, Article 26 of the Mineral Law;
- The area of mineral activities to which the competent authority has granted the mining license, the mining license.
Shall the mining right in areas for which exploration results have been approved in Vietnam be auctioned? (Image from the Internet)
What are the regulations on reserve prices in mineral extraction right auctions in Vietnam?
Pursuant to Article 4 of Decree 22/2012/ND-CP on reserve price:
Reserve price
1. The reserve prices are set by a state management agency competent to issue mineral extraction licenses specified in Article 82 of the Law on Mineral before an auction.
2. The reserve price in an mineral extraction right auction must not be lower than the price the mineral extraction right.
3. The Ministry of Natural Resources and Environment shall be in charge and cooperate with the Ministry of Finance in specifying the reserve price calculation in mineral extraction right auctions.
Therefore, the reserve prices are set by a state management agency competent to issue mineral extraction licenses specified in Article 82 of the Law on Mineral before an auction.
The reserve price in an mineral extraction right auction must not be lower than the price the mineral extraction right.
Shall the mining right in areas for which exploration results have been approved in Vietnam be auctioned?
Pursuant to the provisions of point b Clause 1, Article 79 of the Law on Mineral 2010 on the forms, principles, conditions and procedures for auction of the mining right:
Forms, principles, conditions and procedures for auction of the mining right
1. Forms of auction of the mining right include:
a/ Auction of the mining right in unexplored areas;
b/ Auction of the mining right in areas for which exploration results have been approved by competent state agencies.
2. The Government shall provide principles, conditions and procedures for auction of the mining right.
Thus, the mining right in areas for which exploration results have been approved by competent state agencies may be auctioned.
If there is an approval of the competent state agencies, the mining right in areas for which exploration results have been approved may be auctioned.
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