What are mineral activities in Vietnam? What are the latest fees for processing applications for licenses to perform mineral activities in Vietnam?
What are mineral activities in Vietnam?
According to Clause 5, Article 2 of the 2010 Mineral Law of Vietnam, mineral activities include mineral exploration and mineral mining activities.
In which:
- Mineral exploration means activities to identify mineral deposits and quality and obtaining other information for mineral mining.
- Mineral mining means activities to recover minerals, including mine infrastructure construction, excavation, classification, enrichment and other related activities.
What are mineral activities in Vietnam? What are the latest fees for processing applications for licenses to perform mineral activities in Vietnam?
What are the latest fees for processing applications for licenses to perform mineral activities in Vietnam?
Fees for processing of applications for license to perform mineral activities in Vietnam comply with the provisions of Section II of Schedules of charges promulgated together with Circular No. 191/2016/TT-BTC, specifically as follows:
(1) Mineral exploration:
- If the exploration area is less than 10ha, the fee shall be VND 4,000,000/ an application;
- If the exploration area is 100 – 50,000 ha, the fee shall be VND 10,000,000/ an application;
- If the exploration area is more than 50,000 ha, the fee shall be VND 15,000,000/ an application.
(2) Mineral mining:
No. | Type of mining license | Fee (VND/ an application) |
1 | License to extract sand and gravel from stream beds |
|
a | Of an extraction capacity below 5,000 m3/year | 1,000,000 |
b | Of an extraction capacity of 5,000 – 10,000 m3/year | 10,000,000 |
c | Of an extraction capacity above 10,000 m3/year | 15,000,000 |
2 | License to extract minerals for producing common building materials without use of industrial explosives |
|
a | License to extract minerals for producing common building materials with extraction area below 10 ha and extraction capacity below 100,000 m3/year | 15,000,000 |
b | License to extract minerals for producing common building materials with an extraction area of 10 ha or above and extraction capacity below 100,000 m3/year or the license to extract minerals for producing common building materials with an extraction area below 10 ha and extraction capacity of 100,000 m3/year or above, or the license for peat extraction, except for the extraction of sand and gravel from stream beds prescribed in section 1 of this schedule. | 20,000,000 |
c | License to extract minerals for producing cement; license to extract minerals for producing common building materials with an extraction area of 10 ha or above and extraction capacity of100,000 m3/year or above, except for the extraction of sand and gravel from stream beds prescribed in section 1 of this schedule. | 30,000,000 |
3 | License to extract minerals for producing cement or common building materials with use of industrial explosives; license to extract stone slabs and mineral water. | 40,000,000 |
4 | License for surface mining, except for the extraction of minerals prescribed in points 1, 2, 3, 6, 7 of this schedule |
|
a | Without use of industrial explosives | 40,000,000 |
b | With use of industrial explosives | 50,000,000 |
5 | License for underground mining, except for the extraction of minerals prescribed in points 2, 3, 6 of this schedule | 60,000,000 |
6 | License for extraction of precious minerals | 80,000,000 |
7 | License to extract special and toxic minerals | 100,000,000 |
(3) Salvage extraction: VND 5,000,000/ an application.
(4) If a license is renewed or re-issued in case of the license transfer, the fees prescribed above shall be reduced by 50% and paid by the applicant for renewal or the transferee.
What are the conditions for granting a license to perform mineral activities in Vietnam?
Pursuant to Clause 2, Article 53 of the 2010 Mineral Law of Vietnam (amended and supplemented by Clause 12, Article 8 of the 2018 Law on Amendments to some articles concerning planning of 37 Laws) stipulating the conditions for mining license as follows:
To obtain a mining license in Vietnam, an organization or individual must satisfy all the following conditions:
- Have a mineral extraction project executed in the area where mineral exploration has been carried out and mineral reserves have been approved in conformity with relevant planning as prescribed by the law on planning. The mineral extraction project must include a plan for employing professional personnel, advanced and appropriate equipment, technology and mining methods. In case of extraction of hazardous minerals, it is required to obtain written permission from the Prime Minister;
- Having an environmental impact assessment report or an environmental protection commitment made under the environmental protection law;
- Having an equity capital at least equal to 30% of the total investment capital of the mining investment project.
What are the contents of a mining license in Vietnam?
Pursuant to Clause 1, Article 54 of the 2010 Mineral Law of Vietnam on mining licenses as follows:
A mining license must contain the following principal details:
- Name of the licensed organization or individual;
- Kind of mineral, location and size of the mining area;
- Mineral deposits, capacity and method of mining;
- Mining duration;
- Financial and other relevant obligations.
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